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HomeMy Public PortalAboutCPC Packet 122221Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA December 22, 2021 at 4:00 PM (Remote Participation Only) This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592.Webinar ID: 837 7728 4808 Passcode: 326439 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/83777284808?pwd=NjB3WldRTGRxb0l0WXhIS1J0Y1NOQT09 Passcode: 326439 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Community Preservation Committee Faythe Ellis Chair Sharon Marotti Vice Chair Elizabeth Taylor Clerk Roland Bassett Jr. Barbara Burgo Bruce Evans Peggy Jablonski Sarah Robinson Paul Ruchinskas CPC Assistant Beth Devine 1.Call to order 2.Declaration of a quorum 3.Meeting participation statement 4.Discussion and possible vote on completeness, timeliness and CPA eligibility for the following funding applications: a.Pennrose CC5 - $100,000 b.Housing Coordinator - $66,900 c.Cape Housing Institute - $15,000 d.Historical Society - Digitization of Ellen St. Sure Collection - $22,616.50 5.Financial Update 6.Approval of Minutes from 12/8/21 7.Project updates 8.Reminder to members – Conflict of Interest Law – Town Clerk response requested 9.Winter Schedule review 10.Announcements 11.Matters not reasonably anticipated by the Chair 12.Next meeting: January 12, 2022 13.Motion to Adjourn Date Posted: Date Revised: 12/20/21 2022 Spring TM Project Requests – Legal Opinions From: Shirin Everett Sent: Tuesday, December 14, 2021 11:36 AM To: 'Faythe Ellis' Cc: Peter Lombardi; Jonathan Silverstein Subject: RE: Repeat CPC applications for Spring 2022 TM Good Morning Faythe, Yes, you may rely on the prior opinions for these renewed CPC applications. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com From: Faythe Ellis <Faythe.Ellis@outlook.com> Sent: Tuesday, December 14, 2021 9:57 AM To: Shirin Everett <SEverett@k-plaw.com> Cc: Peter Lombardi <plombardi@brewster-ma.gov>; Jonathan Silverstein <JSilverstein@k-plaw.com> Subject: Repeat CPC applications for Spring 2022 TM Good Morning Shirin: We have two applications for Spring Town meeting that are repeats of prior years: Housing Coordinator and Cape Housing Institute. I have attached your legal opinion regarding CPA eligibility for prior versions of these projects. This year’s Housing Coordinator position is requesting funding for more hours for the position, otherwise it is the same request as prior years. Cape Housing Institute application again asks for funding for two years of the program May I again rely on your prior legal opinion (attached) for these repeat applications? Thank you, Faythe Ellis Chair, Brewster CPC From: Shirin Everett <SEverett@k-plaw.com<mailto:SEverett@k-plaw.com>> Subject: Brewster: Legal opinions- CPC funding applications Date: January 10, 2018 at 12:17:04 PM EST To: "Paul Ruchinskas (pjruch@comcast.net<mailto:pjruch@comcast.net>)" <pjruch@comcast.net<mailto:pjruch@comcast.net>> 1. Housing Coordinator: The Assistant Town Administrator and Town Planner request CPA funds to retain a part-time Housing Coordinator to assist the Town with its affordable housing projects and programs. According to the job description attached to the application, the Housing Coordinator will, among other things, review the Town’s SHI, ensure that properties remain deed restricted, assist various Town boards with affordable housing projects such as the affordable housing buy-down program, assist with the Town’s Housing Production Plan, identify available housing opportunities, assist in preparing list of priorities, and engage in other activities designed to promote affordable housing. Opinion: It is my opinion that CPA funds may properly be used to retain a Housing Coordinator, as the primary duty of the Housing Coordinator, as described in the job function, is to directly support the Town in acquiring and creating affordable housing and/or assisting in affordable housing programs and/or low income households. I note that there are many municipalities that retain housing coordinators and/or specialists with the use of CPA funds. 2. CDP/Cape Housing Institute: The Community Development Partnership (“CDP”) requests a CPA grant in the amount of $15,000 to fund, in part, year 2 of CDP’s Cape Housing Institute, which is a 6- week training program to provide public officials and employees with the knowledge and skills to develop affordable housing in Brewster and the rest of the Cape, and to promote public awareness and support for affordable housing. CDP will use the CPA funds, in addition to monies from other sources, to pay salaries and benefits of its project director and other staff, fees for consultants, and other implementation expenses in holding the training program, for a total cost of $175,000. Participants in the Initiative will be provided affordable housing data, learn of the zoning tools available to promote affordable housing, and methods of financing affordable housing developments, in addition to other information. The training will provide the Town and other public officials and employees the skills to develop and implement policies, procedures and programs to create affordable housing, though it does not appear that CDP is offering Brewster officials to attend the training in exchange for the grant. Opinion: I note at the outset that, in a published opinion letter, the Department of Revenue advised that CPC members may use CPA administrative funds to become members of the Community Preservation Coalition for their training and educational programs; in that vein, if CDP were seeking funds in exchange for the CPC and/or others to attend the training sessions, it would be my opinion that the CPC may use its CPA administrative funds to participate in the Initiative. If the CPC does not wish to use its administrative funds, or the grant is not in exchange for attendance at the training, the Town may nevertheless grant the requested CPA funds if the CPC determines that the Initiative supports community housing (it is clear that the funds will not to be used for the other purposes permitted under the CPA, which is to create, acquire, preserve and/or rehabilitate affordable housing). “Support” is defined in the CPA as including grants/loans of CPA funds directly to income eligible households and to an “entity that owns, operates or manages such housing, for the purpose of making housing affordable.” The CPA does not provide an exhaustive list of activities that constitute the support of community housing, and that the Initiative may provide public officials/employees with invaluable skills and implementation techniques to develop affordable housing. Further, the CPA do not require funds to be expended in and by Brewster alone. However, while CDP owns and manages some affordable housing units, the CPA funds will not be used to make those or other units affordable, and CDP does not intend to use the funds to work directly with the Town and/or low and moderate income households to create or locate affordable housing. Further, even if funds are used for the Initiative, CDP is not providing training to Brewster officers/employees in exchange for the funds, but, rather, to pay for CDP’s expenses to provide training in general. Based on the foregoing reasons, it is my opinion that paying CDP’s salaries and implementation expenses for the Initiative does not sufficiently support the development of affordable housing in Brewster. However, it is ultimately the CPC that determines whether projects are eligible for CPA funds, and may be in the best position of assessing the efficacy of the Initiative. In my opinion, it would not be unreasonable were the CPC to determine that the Initiative supports Brewster’s efforts in creating affordable housing, particularly if CPC members and/or other Town officials or employees attend the training. Please let me know if you have any questions or would like to discuss this further. Shirin Shirin Everett, Esq. KP | LAW 3. Orleans Cape Cod Five Project is a request by developer Pennrose LLC for $100,000 of Brewster CPA housing funds for the refurbishment of existing buildings and construction of new buildings in Orleans into 62 family rental units including 52 affordable units and 10 middle income workforce units. The application begins on page 4. I am mindful of prior regional projects about the Brewster AHR requirements. I noted that under Item 3 CPA Goals, the applicant states “as part of the sites proposal for State and Federal Funding the units will be deed restricted for at least 40 years.” As you are aware, the CPA permits funds to be used for the acquisition, creation, preservation, and support of community housing, and for the rehabilitation of community housing only if such housing was originally acquired or created using CPA funds. “Acquisition” includes the purchase of land and/or interest in land, and the term “support” is defined in the CPA to include “but not be limited to, programs that provide grants, loans, rental assistance, security deposits, interest- rate write downs or other forms of assistance…to an entity that owns, operates or manages such housing, for the purpose of making housing affordable.” “Rehabilitation” means the making of capital or extraordinary repairs and/or improvements to real property. Finally, “community housing” is defined in the CPA as housing for low and moderate income units. I note that Pennrose LLC proposes to purchase the Cape Cod Five Cents Bank property in Orleans (the “Property”), rehabilitate the existing bank building thereon, construct a new addition to the building, and construct two new townhouses, which will result in the creation of 52 units of low income housing and 10 units of moderate/workforce housing (the “Project”). Pennrose states that the Project is intended to be restricted for a term of 40 years. In my opinion, the Project is eligible for funding under the CPA as the Town will use CPA monies to “support” the Project, that is, it will provide funds to an entity that will own the Property and/or operate community housing, which Town funds, in addition to other funds, will make the Project economically feasible and affordable to its occupants. In order to protect against claims that the Town is providing public funds to a private party without public benefit, it is my opinion that the Town should also acquire an affordable housing restriction on the Property, preserving its use for low and moderate income housing. Any real property interest acquired with CPA funds must be protected for a minimum period of 30 years. Since the restriction is proposed for a minimum term of 40 years, the restriction would comply with the CPA’s requirements. Note that DOR has advised that where rehabilitation is otherwise prohibited (because the property was not acquired using CPA funds), rehabilitation cannot be permitted under the rubric of other permitted uses – such as support, acquisition, or other permitted uses. For that reason, if Pennrose expends CPA monies to purchase the Property, Penrose may use CPA funds also to rehabilitate the existing bank building, as the Property will have been acquired using CPA funds, in part. If other funds are used to purchase the Property, the CPA funds may be used to construct the new construction and the townhouses, but not to rehabilitate the existing building. The grant agreement that the Town enters into with Penrose can contain these conditions. 15 Year Operating Proforma (Years 1-5) Year 1 Year 2 Year 3 Year 4 Year 5 Calendar Year:2020 2021 2022 2023 2024 INCOME: Low-Income, Rental Assisted $147,216 $150,160 $153,164 $156,227 $159,351 Low-Income, Below 50%13,800 14,076 14,358 14,645 14,938 Low-Income, Below 60%561,420 572,648 584,101 595,783 607,699 Other Income 80%0 0 0 0 0 Market Rate 225,900 230,418 235,026 239,727 244,521 Gross Potential Income 948,336 967,303 986,649 1,006,382 1,026,509 Less vacancy 48,714 49,689 50,683 51,696 52,730 Effective Gross Residential Income 899,622 917,614 935,966 954,686 973,779 Commercial (includes parking)0 0 0 0 0 Less vacancy 0 0 0 0 0 Net Commercial Income 0 0 0 0 0 Effective Rental Income 899,622 917,614 935,966 954,686 973,779 Other Income: Laundry 6,000 6,000 6,000 6,000 6,000 Other Income:Pet, Late, NSF Fees 600 612 624 637 649 Other Income:0 210 214 218 223 227 Other Income:0 900 918 936 955 974 Other Income:0 0 0 0 0 0 Other Income:0 0 0 0 0 0 Other Income:0 0 0 0 0 0 Total Gross Income 907,332 925,358 943,745 962,500 981,630 Operating Subsidies 0 0 0 0 0 Draw on Operating Reserves 0 0 0 0 0 Total Effective Income $907,332 $925,358 $943,745 $962,500 $981,630 EXPENSES: Management Fee 42,196 43,035 43,890 44,762 45,651 Administrative 141,154 145,389 149,751 154,243 158,871 Maintenance 152,361 156,932 161,640 166,489 171,484 Resident Services 11,978 12,338 12,708 13,089 13,482 Security 0 0 0 0 0 Electrical 35,877 36,953 38,062 39,204 40,380 Natural Gas 0 0 0 0 0 Oil (heat)0 0 0 0 0 Water & Sewer 53,605 55,214 56,870 58,576 60,333 Replacement Reserve 20,150 20,755 21,377 22,018 22,679 Operating Reserve 0 0 0 0 0 Real Estate Taxes 35,000 36,050 37,132 38,245 39,393 Other Taxes 5,400 5,562 5,729 5,901 6,078 Insurance 70,000 72,100 74,263 76,491 78,786 MIP 0 0 0 0 0 Custodian Fee 0 0 0 0 0 Total Operating Expenses $567,722 $584,327 $601,420 $619,019 $637,136 NET OPERATING INCOME $339,609 $341,032 $342,325 $343,482 $344,494 Debt Service $295,312 $295,312 $295,312 $295,312 $295,312 Debt Service Coverage 1.15 1.15 1.16 1.16 1.17 Project Cash Flow $44,297 $45,719 $47,013 $48,169 $49,182 Required Debt Coverage $339,609.03 $339,609 $339,609 $339,609 $339,609 (Gap)/Surplus for Cov.$0 $1,422 $2,716 $3,873 $4,885 15 Year Operating Proforma (Years 6-10) Year 6 Year 7 Year 8 Year 9 Year 10 Calendar Year:2025 2026 2027 2028 2029 INCOME: Low-Income, Rental Assisted $162,538 $165,789 $169,105 $172,487 $175,937 Low-Income, Below 50%15,236 15,541 15,852 16,169 16,492 Low-Income, Below 60%619,853 632,250 644,895 657,793 670,949 Other Income 80%0 0 0 0 0 Market Rate 249,412 254,400 259,488 264,678 269,971 Gross Potential Income 1,047,040 1,067,980 1,089,340 1,111,127 1,133,349 Less vacancy 53,785 54,860 55,958 57,077 58,218 Effective Gross Residential Income 993,255 1,013,120 1,033,382 1,054,050 1,075,131 Commercial Income 0 0 0 0 0 Less vacancy 0 0 0 0 0 Net Commercial Income 0 0 0 0 0 Effective Rental Income 993,255 1,013,120 1,033,382 1,054,050 1,075,131 Laundry Income 6,000 6,000 6,000 6,000 6,000 Other Income:Pet, Late, NSF Fees 662 676 689 703 717 Other Income:- 232 236 241 246 251 Other Income:- 994 1,014 1,034 1,054 1,076 Other Income:- 0 0 0 0 0 Other Income:- 0 0 0 0 0 Other Income:- 0 0 0 0 0 Total Gross Income 1,001,143 1,021,046 1,041,347 1,062,054 1,083,175 Operating Subsidies 0 0 0 0 0 Draw on Operating Reserves 0 0 0 0 0 Total Effective Income $1,001,143 $1,021,046 $1,041,347 $1,062,054 $1,083,175 EXPENSES: Management Fee 46,559 47,485 48,429 49,392 50,374 Administrative 163,637 168,546 173,602 178,810 184,175 Maintenance 176,628 181,927 187,385 193,007 198,797 Resident Services 13,886 14,303 14,732 15,174 15,629 Security 0 0 0 0 0 Electrical 41,591 42,839 44,124 45,448 46,811 Natural Gas 0 0 0 0 0 Oil (heat)0 0 0 0 0 Water & Sewer 62,143 64,008 65,928 67,906 69,943 Replacement Reserve 23,359 24,060 24,782 25,525 26,291 Operating Reserve 0 0 0 0 0 Real Estate Taxes 40,575 41,792 43,046 44,337 45,667 Other Taxes 6,260 6,448 6,641 6,841 7,046 Insurance 81,149 83,584 86,091 88,674 91,334 MIP 0 0 0 0 0 Custodian Fee 0 0 0 0 0 Total Operating Expenses $655,788 $674,990 $694,760 $715,113 $736,067 NET OPERATING INCOME $345,355 $346,055 $346,587 $346,941 $347,108 Debt Service $295,312 $295,312 $295,312 $295,312 $295,312 Debt Service Coverage 1.17 1.17 1.17 1.17 1.18 Project Cash Flow $50,043 $50,743 $51,275 $51,629 $51,796 Required Debt Coverage $339,609 $339,609 $339,609 $339,609 $339,609 (Gap)/Surplus for Cov.$5,746 $6,446 $6,978 $7,332 $7,499 15 Year Operating Proforma (Years 11-15) Year 11 Year 12 Year 13 Year 14 Year 15 Calendar Year:2030 2031 2032 2033 2034 INCOME: Low-Income, Rental Assisted $179,455 $183,045 $186,705 $190,440 $194,248 Low-Income, Below 50%16,822 17,159 17,502 17,852 18,209 Low-Income, Below 60%684,368 698,055 712,016 726,257 740,782 Other Income 80%0 0 0 0 0 Market Rate 275,371 280,878 286,496 292,226 298,070 Gross Potential Income 1,156,016 1,179,137 1,202,719 1,226,774 1,251,309 Less vacancy 59,383 60,570 61,782 63,017 64,278 Effective Gross Residential Income 1,096,634 1,118,566 1,140,938 1,163,756 1,187,031 Commercial (includes parking)0 0 0 0 0 Less vacancy 0 0 0 0 0 Net Commercial Income 0 0 0 0 0 Effective Rental Income 1,096,634 1,118,566 1,140,938 1,163,756 1,187,031 Other Income: Laundry 6,000 6,000 6,000 6,000 6,000 Other Income:Pet, Late, NSF Fees 731 746 761 776 792 Other Income:0 256 261 266 272 277 Other Income:0 1,097 1,119 1,141 1,164 1,188 Other Income:0 0 0 0 0 0 Other Income:0 0 0 0 0 0 Other Income:0 0 0 0 0 0 Total Gross Income 1,104,718 1,126,692 1,149,106 1,171,968 1,195,288 Operating Subsidies 0 0 0 0 0 Draw on Operating Reserves 0 0 0 0 0 Total Effective Income $1,104,718 $1,126,692 $1,149,106 $1,171,968 $1,195,288 EXPENSES: Management Fee 51,376 52,398 53,440 54,503 55,588 Administrative 189,700 195,391 201,253 207,290 213,509 Maintenance 204,761 210,904 217,231 223,748 230,460 Resident Services 16,098 16,581 17,078 17,591 18,118 Security 0 0 0 0 0 Electrical 48,215 49,662 51,152 52,686 54,267 Natural Gas 0 0 0 0 0 Oil (heat)0 0 0 0 0 Water & Sewer 72,041 74,202 76,429 78,721 81,083 Replacement Reserve 27,080 27,892 28,729 29,591 30,479 Operating Reserve 0 0 0 0 0 Real Estate Taxes 47,037 48,448 49,902 51,399 52,941 Other Taxes 7,257 7,475 7,699 7,930 8,168 Insurance 94,074 96,896 99,803 102,797 105,881 MIP 0 0 0 0 0 Custodian Fee 0 0 0 0 0 Total Operating Expenses $757,639 $779,849 $802,715 $826,256 $850,494 NET OPERATING INCOME $347,079 $346,843 $346,391 $345,712 $344,794 Debt Service $295,312 $295,312 $295,312 $295,312 $295,312 Debt Service Coverage 1.18 1.17 1.17 1.17 1.17 Project Cash Flow $51,767 $51,531 $51,079 $50,400 $49,482 Required Debt Coverage $339,609 $339,609 $339,609 $339,609 $339,609 (Gap)/Surplus for Cov.$7,470 $7,234 $6,782 $6,103 $5,185 ORLEAIIS MHl CLERK CASE NO. 2146 ~I~ '21 APR 20 9:25!irl APPLICATION OF PENNROSE, LLC ZONING BOARD OF APPEALS TOWN OF ORLEANS PROPERTY AT 19 WEST ROAD and 10 SKAKET CORNERS, ORLEANS, MA ( MAP #40, PARCELS #5 and #6) DECISION ON APPLICATION FOR A COMPREHENSIVE PERMIT UNDER GENERAL LAWS, CHAPTER 40B On January 20, 2021, and March 17, 2021, Case No. 2146 came on for hearing before virtual regular meetings of the Orleans Zoning Board of Appeals (the "Board"). Penm-ose, LLC (the "Applicant") applied for a Comprehensive Permit pursuant to Massachusetts General Laws Chapter 40B §§20-23, to redevelop the property at 19 West Road and 10 Skaket Corners (Orleans Map #40, Parcels #5 and #6) for.use as mixed-income and affordable rental housing with sixty-two (62) units to be located in three (3) buildings. The proposed redevelopment will involve an adaptive reuse and expansion of the existing commercial building and construction of two (2), detached townhome-style structures. The subject property is zoned in part for General Business and in part for Limited Business. Apartment development is a use allowed by special permit in these zoning districts. The hearing was duly advertised and scheduled in the Cape Codder newspaper, and notice to interested parties was sent by mail, in accordance with the law. Michael P. Mamik, Chairman of the Board, chaired the hearings. Also in attendance at the first two hearings were Emily Van Giezen and Gerald Mulligan, regular Board members, and Matthew Cole, George Waugh, and Lynne Eickholt, associate Board member, and Mr. Thomas Evers, Building Commissioner. The Chaitman announced at the conclusion of the hearings that he designated the following members who would vote on the application and decision: Michael P. Marnik, Emily Van Giezen, Gerald Mulligan, Matthew Cole, Bruce Taub and George Waugh, six members, constituting a quorum. 1 1. . DOCUMENTS FILED IN CONNECTION WITH THE APPLICATION AND RECEIVED IN EVIDENCE AT THE HEARING. Ten-sheet Site Plan Set showing Existing and Proposed Conditions, prepared by Horsley Witten Group, Inc., dated February 10, 2021, and revised March 2, 2021 ( collectively "Site Plans"); Landscape Plan, prepared by Crowley Cottrell, LLC, dated March 12, 2021 ("Landscape Plan"); Four-sheet Rendered Perspective Set, prepared by The Architectural Team, Inc., dated March 10, 2021; Eleven-page Building Elevation and Floor Plan Set, prepared by The Architectural Team, Inc., dated March 1, 2021; Drainage Report, prepared by Horsley Witten Group, Inc., dated March 2021; Transportation Impact Assessment, prepared by Vanasse & Associates, Inc., dated January 15, 2021; Commonwealth of Massachusetts Department of Housing & Community Development Project Eligibility Letter dated January 19, 2021; Penm·ose, LLC, application for Comprehensive Permit filed with Orleans Town Clerk on December 4, 2020, including supplemental narrative, figures, and waiver request; Orleans Select Board letter dated December 16, 2020; Orleans Planning Board letter to ZBA dated January 12, 2021, endorsing the application; Orleans Planning Director email to ZBA, dated January 19, 2021, endorsing the project and commenting on traffic considerations; Notice dated January 21, 2021, from Zoning Board of Appea!s'fo Local Boards of Application and Upcoming Hearing, soliciting commentary and positions; Orleans Site Plan Review Committee Notice of Decision, dated February 22, 2021; 2 spaces (four of which will be for electrical vehicles). The existing boulevard driveway from West Road will continue to be used as the access to the Property. Walking paths on site and connecting to the sidewalk on West Road will be provided, and an existing pedestrian interconnection with the adjacent shopping center property will be maintained subject to the approval of the adjacent property owner. The Transportation Impact Assessment ("TIA") analyzed the potential impacts on transportation infrastructure associated with the proposed redevelopment. The TIA notes that the requested parking ratio, while requiring a waiver, " ... is within the range of values documented by the Institute of Transportation Engineers for similar multifamily residential communities." Though the average weekday daily traffic volume will increase over the prior commercial use of the Property, traffic will decrease during both the weekday morning and evening peak hours. Further, the increase in average weekday daily volume will be" ... within one (1) percent of the daily traffic volume along West Road under average-month conditions, which is within the range of normal daily traffic-volume fluctuations." The TIA further concluded that there are "no apparent safety deficiencies . . . in the immediate proximity of the Project site based on a review of available data; and ... lines of sight at the Project site driveway intersection with West Road were found to exceed the recommended minimum distances for safe and efficient operation based on the appropriate approach speed." Finally, the TIA made suggested recommendations within the Project site, and these have been accommodated by the Applicant on the revised plans submitted for the proposed redevelopment. · The onsite septic system will be discontinued, and the redevelopment will connect to Town sewer which has just been installed on West Road in accordance with Town of Orleans requirements. All runoff will be contained on site through established "Best Management Practices" utilizing vegetated swales, drywells for roof run-off and settlement basins. Municipal water service and other utilities are available. The Applicant submitted a 299-page Drainage Report documenting existing and proposed conditions at the Property, including a construction-phase and post-construction Stormwater Management Maintenance Plan. There will be two (2) fire hydrants located within the development, the buildings will be sprinkled, and a drivable access for public safety vehicles will be provided around the largest building. The site redevelopment also includes a playground for children, space for a community garden, bicycle racks, and walking paths. The existing vegetation to the north behi11d the town houses and at the perimeter of the Property will be protected from qonstruction as shown on the plans to maintain the existing buffer. ··.) : : '·." '.: '· -. . · ... ::. ,._ 4 New native trees and shrubs will be planted in accordance with the Landscape Plan. All of the proposed residential apartments will count towards the Town's inventory of affordable housing, are consistent with local needs, and will assist in providing additional quality · affordable rental housing opportunities that will satisfy an unmet housing need in the Town of Orleans as described in the 2017 Town of Orleans Community Housing Study. The Property is centrally located for employment, education, and business access, and the Town of Orleans has been an active participant in seeking affordable housing opportunities on the Property. Three (3) of the units will be handicap accessible, and one (1) will be designed for the sensory impaired. The affordable rents will allow residents who could not otherwise afford a local home option to remain in the community; and the Applicant will enter into MHP's Affordable Housing Restriction ensuring that the apartments will remain affordable as rentals as required by DHCD and to provide ongoing monitoring of affordability. The Applicant will perform property management services in-house or contract with a professional property management company experienced with affordable housing properties if handled by a third party. On March 17, 2021, the Chairman closed the hearing for the taking of public testimony. The Board then discussed the petition, addressed issues and concerns with the petitioner and requested counsel to prepare a draft decision for review by the Board at its next scheduled meeting on April 7, 2021. Counsel complied with the request. The Board considered the contents of the proposed written decision, which was circulated to the Board. The Board, through its Chair, prepared a draft decision which was considered by the Board and voted on the final content on April 7, 2021. 3. DETERMINATION OF THE APPLICATION. Following public testimony, questions and answers between the Board and Applicant, and Board deliberations, the Board determined that, based on the Findings detailed above, the application should be granted with waivers and conditions as(CJJ!ows because the project is consistent with local needs. 5 The Board finds that the Applicant will be a limited dividend organization for purposes of General Laws, Chapter 40B. Orleans does not meet the minimum threshold for low and moderate housing contained in General Laws, Chapter 40B. The testimony and the documents filed in connection with the application establish that the project will further the town's goal stated in the Orleans Comprehensive Plan and the 2017 Orleans Community Housing Study to raise its affordable housing stock to at least ten percent of all year-round units. The Board finds a subsidy as indicated by the Department of Housing and Community Development Project Eligibility Letter. The Board finds that the Applicant has control of the site, by virtue of a purchase and sale agreement with the current owner. The testimony of the Orleans Affordable Housing Trust, the multi-year effotts of the Town to seek affordable housing re-use of the Property, and the proposed Community Benefits Plan between the Applicant and the Orleans SelectBoard demonstrate that there is community support for the project. All relevant Town boards and depattment.~ were invited to comment on the application and present testimony in person. The Board reviewed and discussed the neighbors' concerns regarding the density of the proposal, buffering, and onsite amenities and found, based on all of the testimony and evidence submitted and as detailed in this Decision, that the Property is appropriate for the proposed size of the project and that the design and configuration of the entrance driveway, parking areas, and screening will be safe and adequate and will not negatively contribute to traffic safety, noise, and light. Waivers. The Applicant's requests for the following waivers are granted: 1. Orleans Zoning By-Law: A. Article N, Section 164-21(A) and Section 164-31(C) --Maximum building height ( 40 ft. proposed); B. Article IV, Section 164-3l(B), (D), and (E) •· Apartment density (17.8/acre proposed), number of units in building (54 proposed), and septic system certification (prope1ty on Town sewer); 6 C. Article IV, Section 164-33(VI) -Additional, pre-construction site plan review, if necessary; D. Article IV, Section 164-33 .1 -Additional, formal architectural review, if necessary; and E. Article IV, Section 164-34(B)(3), (C)(S), and (D)(3) --Number of parking spaces (1.19/unit proposed and visitor), and parking lot plantings, and floor area ratio (0.54 proposed); and 2. Cape Cod Commission (to extent necessary) --Cape Cod Commission Act, Chapter A, Enabling Regulations, Regional Policy Plan, and Technical Bulletins for review of proposals containing 30 or more residential units. Conditions. The express conditions to the grant of this application are: 1. The approval is for sixty-two ( 62) units containing a total of 101 bedrooms. There shall be no future construction of additional bedrooms without prior approval of the Zoning Board of Appeals; 2. Construction to be in accordance with Site Plans, Landscape Plan, and Architectural Plans as submitted; 3. The Applicant shall enter into a Department of Housing and Community Development Regulatory Agreement, as provided by the Depatiment of Housing and Community Development and as approved by Pennrose, LLC, Town of Orleans, and Department of Housing and Community Development; 4. The siding on the renovated and expanded existing commercial building will consist of brick veneer and fiber cement materials, and the siding on the two, new detached townhome-style structures will consist of fiber cement materials. S. The Applicant shall request approval from Depattment of Housing and Community Development for sixty-five (65%) percent local preference for the tenant lottery; 6. This Comprehensive Permit shall not be transferred without prior approval of the Zoning Board of Appeals. 7. This decision on a comprehensive permit under General Laws, c.40B, shall be recorded with Barnstable Registry of Deeds. Approval. Ivfr. Mulligan moved that the Zoning Board of Appeals accept the findings and grant the applicqtion for a Comprehensive Permit based on the details specified in 7 the documents submitted, with the specified waivers and conditions. The motion was seconded by Mr. Cole and approved with a vote of 6-0. VOTING IN FAVOR: Michael P. Marnik Emily Van Giezen Gerald Mulligan Matthew Cole George Waugh Bruce Taub Dated: April 7, 2021 Jh~r1Ud/? fnA ~ Michael P. Marnik, Chairman 8 I Community Preservation Committee: FY22 Forecast as of 11/15/2001 1,739,140.61$ 1,084,450.00$ 162,668$ 1,247,117.50$ Actual Match received 519,353.00$ 2,986,258.11 Difference from Projection 356,685.50$ 50%10%10% Open Space Housing Historical $ 678,947.78 $ 120,804.53 $ 527,670.09 $ - $ 611,454.96 $ 1,938,877.36 $ 623,558.75 $ 124,711.75 $ 124,711.75 $ 311,779.38 $ 1,247,117.50 $ 1,184,761.63 $ 1,302,506.53 $ 245,516.28 $ 652,381.84 $ 311,779.38 $ 1,858,572.46 Open Space Housing Historical "30%" $ (53,100.00) $ (101,600.00) $ (48,983.00) (62,356.00) (185,000.00) (245,516.53) (113,079.47) (125,000.00) (1,184,762.00) Fall TM submitted (67,400.00)$ (5,000.00)$ (25,000.00)$ Total YTD Obligations - FY22 $ (203,683.00) $ (245,516.53) $ (197,400.00) $ (185,000.00) $ (1,385,197.47) $ 1,098,823.53 $ (0.25) $ 454,981.84 $ 126,779.38 $ 473,374.99 Total net available from all accounts 2,153,959.49$ REMAINING OPEN SPACE GRANT FUNDS RECEIVED $192,400 Additional Allocation from State match 178,342.75$ 35,668.55$ 35,668.55$ 107,005.65$ 356,685.50$ Projected Ending Balance after additional Match 1,277,166.28$ 35,668.30$ 490,650.39$ 233,785.03$ 473,374.99$ 2,510,644.99$ H - Latham Strong Start in Adult Living Housing(Withdrawn) H - Latham Legal set aside H - CC5 Orleans - $100,000 (deferred to next funding) FY22 Estimated Unreserved Fund Balance as of 11/10/2012 with Adjustments [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional HI -Crosby Mansion repairs - Consulting Setaside H - Updated Housing Production Plan - $25,000 (2) State Match revenue is projected at 15%, which is the total which was listed in the Fall TM Warrant. [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state Coalition dues. H - Housing Coordinator - $51096 H - Rental Assistance - $150,000 H - Habitat - Red Top Road - $105,000 Adj for Reserve setasides HI -Crosby Mansion repairs - $67,400 Administration Expense [3] Spring TM approved: Rec - Brewster Dog Park H - Dennis Veterans Home - $52,500 HI - Mill Pond Wall BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond FY-21 Actual Unreserved Fund Balance FY-22 Estimated revenue FY-22 Estimated Funds available FY-22 obligations as of 11/10/2021 Undesignated Fund Balance FY-21 Estimated total balance forwarded [1]: FY-22 Estimated local tax revenue: FY-22 Estimated State contribution [2]: Total FY-22 Estimated funds available: Budgedted Reserved for CPA BONDS Community Preservation Committee: FY23 Forecast as of 11/15/2021 2,153,959.49$ 1,144,558.05$ 286,139.51$ 1,430,697.56$ 3,584,657.05 50%10%10% Open Space Housing Historical $ 1,098,823.53 $ (0.25) $ 454,981.84 $ 600,154.37 $ 2,153,959.49 $ 715,348.78 $ 143,069.76 $ 143,069.76 $ 429,209.27 $ 1,430,697.56 $ 1,814,172.31 $ 143,069.51 $ 598,051.60 $ 429,209.27 $ 600,154.37 Open Space Housing Historical "30%" $ (51,075.00) $ (98,000.00) $ (47,583.00) (71,534.88) - Total YTD Obligations - FY23 $ (196,658.00) $ - $ - $ (71,534.88) $ - $ 1,617,514.31 $ 143,069.51 $ 598,051.60 $ 357,674.39 $ 600,154.37 Total net available from all accounts 3,316,464.17$ REMAINING OPEN SPACE GRANT FUNDS RECEIVED $192,400 [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional (2) State Match revenue is projected at 25% [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state Coalition dues. FY23 Estimated Unreserved Fund Balance as of 11/15/2021 with Adjustments Administration Expense [3] Adj for Reserve setasides Bates Property Bond Budgedted Reserved for CPA Undesignated Fund Balance FY-22 Actual Unreserved Fund Balance FY-23 Estimated revenue FY-23 Estimated Funds available FY-23 obligations as of 11/15/2021 BBJ Property Bond #1 BBJ Property Bond #2 FY-22 Estimated total balance forwarded [1]: FY-22 Estimated local tax revenue: FY-22 Estimated State contribution [2]: Total FY-22 Estimated funds available:BONDSBONDS Community Preservation Committee Minutes of December 8, 2021 Page 1 of 5 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE Virtual Meeting Wednesday, December 8, 2021, at 4:00 p.m. MEETING MINUTES OF DECEMBER 8, 2021 Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Bruce Evans, Paul Ruchinskas, Sarah Robinson, Peggy Jablonski Absent: Barbara Burgo Also Present: Cynthia Bingham, Select Board; Jenn Goldson, JM Goldson Chair Faythe Ellis called the meeting to order at 4:02 pm and announced a quorum. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. 1.Community Preservation Plan Development update from Jenn Goldson a.Review of engagement results b.Discussion of draft outline of recommendations and goals c.Updated project timeline d.Public Hearing planned for February 9 Jenn Goldson addressed the Committee and started by sharing her screen to go over the project timeline. She wanted to review the engagement results and focus on an outline of recommendations and goals going forward. From that, they will go ahead and write a draft plan for the Committee. Some of the options, particularly around the Funding Allocation Formula are not that clear, so she wants to spend time talking with the Committee about that. Hoping the Committee can give direction on this so their schedule will be to submit a draft plan in January. We will have another meeting on January 12th to discuss. We then plan to have a public hearing on February 9th, then revise the plan again based on this, with a hopeful approval of the plan at the March 9th Committee Meeting. Jenn Goldson had submitted a memo for the Committee to review before their discussion tonight - Funding Allocation, Overall CPA Goals, and then each of the goals that are being recommended for each of the categories coming from the Public Forum. Jenn Goldson wanted to go through the Committee to take a straw poll to just get the temperature from the Committee regarding each option. For the Funding Allocation Policy, there are three options as were presented in past meetings and documents. #1 – keep the funding formula as it is now, based on the great need for open space, climate resilience, clean water, and a commitment that was made when the Town decided to go into the CPA Program. #2 – to continue to codify requirements as part of the bylaws but change the percentages so that Housing and Open Space get equal minimum reserves and that the rest get some reserve as well, Approved: VOTE: Community Preservation Committee Minutes of December 8, 2021 Page 2 of 5 including Recreation, which isn’t the case right now. Keeping this codified and equalizing spending for Housing and Open Space going forward and adding a minimum percentage for Recreation and keeping a minimum for housing. This percentage is recognizing the critical need for both Housing and Open Space. #3 – eliminating anything codified in the bylaw other than agreeing you will stay within the minimum guidelines in the statute. 10% Housing, 10% Open Space and Recreation, and 10% Historic, with the remaining 70% undesignated where any category could apply for those funds throughout the year. Also, a hybrid model around #3, which would set guidelines up, like the Eastham Program does now, with no binding numbers. Jenn Goldson then went around and asked the Committee members which of the options they were feeling more positively toward. Elizabeth prefers #1, Sarah prefers #2, the rest of the Committee prefers #3. Elizabeth feels that the program works as it is now, fully realizing the Open Space will not be able to keep the high percentage it has now. She is concerned about the coastline issues and possibly needing funds to purchase large parcels for protecting our coastline and pond clean-up coming up soon. Sarah is concerned that if people are interested in one category and load the committee with those similar views, those would preference Historic over other issues. She doesn’t want the need for Open Space or Housing to get lost in other people’s preferences. Peggy felt they need to have the most flexibility as possibly moving forward and be as consistent with the Vision Plan as possible under a rubric of guidelines. She prefers giving the volunteers who are the most knowledgeable, with the key Town Administrators, the ability to balance these projects appropriately as we move forward – with checks and balances. Bruce agreed with Peggy that the more desirable option is flexibility and calculating percentages sooner - right now, one thing is important, and next year, it might be something else. To say they should each be a certain percentage, just limits the CPC. Sharon feels the same, flexibility is extremely important. Perhaps setting minimum guidelines in each group to make sure not one group would get all the funds. Paul reaffirmed what both Bruce and Sharon have said about flexibility. He was hesitant at first, but feels it makes sense to set target allocations in the plan, clearly Open Space and Housing having the highest priorities. He does like thinking the target over a 5-year period that gives us the ability to be able to give to a bigger project. Rollie said he feels flexibility is most important and when necessary, being able to combine to fund a bigger project. They would be able to do that if there was that flexibility. Faythe said she agrees with most of the points being made tonight. She said that for Open Space, the Committee has been very supportive historically - she doesn’t see how the mindset would change if the formula were to change. Representatives from other CPA areas would minimize the concerns that Sarah raised. Jenn Goldson asked if they were to go with #3, if there was anything that could be done to ease concerns around a future membership not following the guidelines. If there were more public facing buy-in with this plan and the guidelines, would that be helpful to argue for this plan? Sarah said she isn’t dug in on option #2, it was for the sole reason of her concern that the CPC would be well-represented among the various interests of the community at large. She said the way the committee is structured, there would be a less likely situation that the at-large members would be coming only from one interest in the future. Jenn Goldson then asked Elizabeth where she stood with #3. She wondered if the guidelines were to give a fair portion to Open Space over the course of 5 years, would Elizabeth be able to be swayed to #3? Elizabeth said she would need to hear more about option #3 before giving it her support. Jenn Goldson then went on to discuss overall CPA Goals – they see the two top issues currently, that rose to the top in the surveys, are Community Housing and Open Space which includes Natural Resources. Again, she went around the Committee to get their thoughts. Community Preservation Committee Minutes of December 8, 2021 Page 3 of 5 Draft Overall CPA Goals as written in Jenn Goldson’s Presentation: 1. Prioritize allocation of CPA funding to create and support community housing and preserve open space/natural resources, including multi-purpose projects that address both housing and open space needs. 2. Secondarily, support eligible outdoor recreation and historic preservation projects. 3. Support CPA-eligible projects to further implementation of the community’s vision for the Cape Cod Sea Camps property. 4. Encourage leveraging of CPA funds with other public and private funding as well as donation, bargain sales, and the like. 5. Support projects that demonstrate compatibility with the Community Vision and other relevant community initiatives and goals. 6. Allocate funding for regional projects that demonstrate clear community benefit and a fair share of contributions from other communities in the region. The Cape Cod Sea Camps properties are also in as a Goal over the next 10 years, and the Committee believes it will be a huge focus over the next 10 years. The Committee deliberated on this draft and discussed moving the numbers around and what the appropriate edits could be for each item going forward. They then went on to discuss the specific Allocation Considerations from Jenn Goldson’s presentation: As related to the discussion above regarding the funding formula, we offer the following for general consideration of priorities as expressed by the community to date through the process coupled with our analysis of resources and needs. The below percentages suggest a prioritization for use of funds but do not indicate whether to codify such allocation goals or to adopt them as non-binding target allocation guidelines. • 30% Housing • 30% Open Space • 10% Historic • 10% Outdoor Recreation • 20% Undesignated to be used for projects in any CPA funding categories They discussed these numbers and how they could be adjusted. The only percentage that cannot change is Historic – that must stay at 10%. Paul said he liked these percentages because it shows the priorities and it would be clear these are just targets over 5 years, so in any one year, we could end up spending 75% on Open Space if a big project comes along. Elizabeth said that if this is what we ended up with, she could live with this proposal. A lot of our projects may need to look at either bonding or short-term borrowing to get the complete amount of funds they might need. Sarah, Bruce, Rollie, and Faythe felt these were good guidelines to go with as well. Jenn Goldson then reviewed the Community Housing Goals, Open Space and Natural Resources Goals, Historic Preservation Goals, and Outdoor Recreation Goals in the same fashion going around the Committee to get their thoughts, changes, or suggestions in each category which will inform the draft plan that JM Goldson will create for the January timeline. Community Preservation Committee Minutes of December 8, 2021 Page 4 of 5 2.Open Space and Rec Plan Overview/highlights – Krista Moravec of Horsley Whitten Krista Moravec addressed the Committee about our Open Space and Rec Plan. She said they have been working with Chris Miller and the Recreation Department and Elizabeth has been on the Committee. We had a meeting in person and then went virtual as we have been working on the project since March of 2020. We are in the home stretch now. The highlights - we are talking about public and privately owned undeveloped lands. They are important for a variety of reasons including conservation, recreation, agriculture, or simply because of their scenic qualities and their contribution to the overall character of the town. The town has a plan because it wants to maintain the benefits of these venues, and they want to understand where we are, where we need to be, and how we get there. The Plan has 11 required sections - community profile, demographics, inventories of environmental resources, analysis of needs, management of those resources, and there is a 7-year action plan. The last approved plan was in 2014 with many achievements. For this updated plan, we did a community survey online to make sure we captured everyone’s ideas, 2 workshops, and the town has done a lot of work around open space, recreation, and natural resource planning. They wanted to incorporate those outcomes and plans. The community said they needed: improving and maintaining public access to beaches, addressing parking and providing new parking and accessible parking, providing new recreational opportunities, promoting health and wellness and more ways to live an active lifestyle, more walking and biking amenities, discussion about eco-tourism regarding respect to resources, addressing targeted groups of youth and families, the aging population and persons with disabilities, water quality protection, ponds, coastal areas, wildlife habitats, community gardens, climate change, natural resources protection, and management needs - continued maintenance of those resources, etc. There are 5 goals outlined: 1.protecting our drinking water supply to meet the needs of residents and visitors today and in the future 2.providing open space and recreational opportunities that maintain the town’s rural character and small coastal community identity and support a sustainable local economy as a center for ecotourism 3.preserving and enhancing habitat diversity, protecting our marine and freshwater resources and maintain their important ecological functions and values to the community 4.provide a variety of recreation and open space opportunities to promote healthy and active lifestyles for residents, ensuring equitable access 5.support coordination and communication of regional open space and recreation needs That was a nutshell of the plan they are working on completing. Faythe thanked Krista Moravec and said she was impressed they received 500 responses from their survey. Elizabeth thanked Krista Moravec and the Committee for all their work and the approval of this project. 3.Financial update including FY23 estimated budget - defer 4.Intake of applications submitted for Spring 2022 Town Meeting Community Preservation Committee Minutes of December 8, 2021 Page 5 of 5 The applications that were submitted: Pennrose $100,000, Brewster Housing Coordinator $66,900, Community Development Partnership $15,000, and Brewster Historical Society $22,616. What we typically do is confirm the intake and then if anyone has any additional information, they deem necessary for any of the applications, we go back to the applicants to request it before moving on. Please email Faythe only with any other requests for pertinent information. The next meeting, we would be voting on CPA eligibility, timeliness, and completeness before we move forward. Faythe will reach out to Legal to confirm the opinions on Pennrose, the Housing Coordinator, and the CDP to make sure they are still valid. We will need a new opinion on the Brewster Historical Society. The goal is to have everything into committee in time for our meeting on the 22nd. 5.Update on new website information Faythe said she included the final version of what we will submit to Connor in the packet and thanked Elizabeth and Bruce for their work on this. 6.Project Updates Faythe asked Sharon to take the lead on helping with getting more on track with project updates as we go forward. 7.Approval of Minutes from 11/17/21 Motion to approve the Minutes from 11/17/21 as written. MOVED by Elizabeth Taylor. Seconded by Sharon Marotti. Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Peggy Jablonski – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Sarah Robinson – yes, Chair Ellis - yes VOTE 7-yes 0-no Paul Ruchinskas left the meeting before the vote was taken. 8.Announcements - none 9.Items the Chair could not anticipate - none 10.Next meetings: December 22, 2021 MOTION made by Bruce Evans to adjourn the meeting at 6:06 pm. Elizabeth Taylor second. Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Peggy Jablonski – yes, Sarah Robinson – yes, Chair Ellis - yes VOTE 7-yes 0-no Respectfully submitted, Beth Devine, Recording Secretary Packets of additional documents available on website for public review. Addendum to Final Report delivered June 30,2021 to CPC on Crosby Barn Project Phase 2A As promised, we are submitting an addendum to our final report on the following items unresolved at our last meeting with you: 1.Final Controlled Construction Report to the State Building Inspector on Phase 2A by our Architects, Catalyst is attached. It also contains the Final Report of the Structural Engineer. 2.Final State Building Inspection to review the work on this phase in light of our request to provide a public benefit by giving small group tours took place on September 28. The State Building Inspector also required a statement from our Architect on public life safety issues. That letter is attached here. We now have permission to invite small groups of up to 12 people into the barn. A committee has been formed to make the public aware of this opportunity and staff is providing marketing collateral to support that effort. The work to fund and mount an exhibit in the barn on the history of the Barn and the historic site is underway and will replace the temporary materials we have recently mounted in the Barn in order to initiate public benefits. We plan to launch a public campaign before Thanksgiving to raise the remaining funds to complete this project (Phase 2B). In the meantime we are halfway to reaching our goal to match the award from the Massachusetts Cultural Facilities Fund for $190,000.00 which will keep this project going while we continue to raise remaining funds. Again, we would like to take this opportunity to express our gratitude to the CPC and the Townspeople of Brrewster for their faith and trust in us. We look forward to hosting a visit for you to the Barn. Respectfully Submitted, Janine M. Perry Producing Artistic Director Cape Cod Repertory Theatre Co., Inc. Cape Rep Theatre Addendum 11/1/2021 to Final Report delivered 6/30/21 Page of 1 1 203 WILLOW STREET SUITE A PH 508-362-8382 YARMOUTHPORT MA 02675 FAX 508-362-2828 WWW.CATALYSTARCHITECTS.COM September 9, 2021 Permit #: BLDG20-0516 Crosby Barn – Brewster, MA Mr. Marc LaPointe, District State Inspector Office of Public Safety and Inspections 50 Maple Street Milford, MA 01757 cell: 617-686-1882 email: marc.lapointe@mass.gov (sent via email) RE: Controlled Construction Report No. 6 Dear Mr. LaPointe, Construction activities continue at the subject project. Between the dates of May 26, 2021 and July 6, 2021, the following general work occurred: 1. Installation of siding and trim at historic barn complete. 2. Installation of new windows at the historic barn and cupola complete. 3. Installation of restored historic windows and doors at the barn complete. 4. New entry canopy finished carpentry work complete. 5. Main entry window and door installation complete. 6. Exterior Paint ing Complete. 7. Exterior lighting complete. 8. Shutter and rail restoration and installation complete. 9. Terrace and accessible walkway installation by Owner’s Landscape Contractor complete. We have been conducting weekly project meetings, and visit the site regularly to review the progress and adherence to the construction documents. All work completed to date has been done in a good and workmanlike manner and in general accordance with the construction documents. If you have any questions, please feel free to contact me or Maria Raber, Project Manager, at any time. Sincerely, Kurt E. Raber, Principal-In-Charge CC: Rich Bryant, Vice President and Project Manager, Cape Associates Pasquale Iachetta, Site Superintendent, Cape Associates Kate Mundle, Cape Rep Theatre, Owner’s Representative Janine Perry, Cape Rep Theatre, Artistic Director Encl.: Structural Report_9/9/21 203 WILLOW STREET SUITE A PH 508-362-8382 YARMOUTHPORT MA 02675 FAX 508-362-2828 WWW.CATALYSTARCHITECTS.COM Installation of new main entry doors and new windows complete. Trim, siding, and canopy installation complete. Exterior painting complete. Restoration of historic shutters rails complete. Exterior lighting complete. 203 WILLOW STREET SUITE A PH 508-362-8382 YARMOUTHPORT MA 02675 FAX 508-362-2828 WWW.CATALYSTARCHITECTS.COM Restoration of historic shutters and rails, preservation of historic windows and doors, exterior siding restoration and exterior painting complete. Exterior lighting complete. 203 WILLOW STREET SUITE A PH 508-362-8382 YARMOUTHPORT MA 02675 FAX 508-362-2828 WWW.CATALYSTARCHITECTS.COM Addition exterior work complete. New window and door installation on south elevation complete. New window installation in existing shutter opening complete. 203 WILLOW STREET SUITE A PH 508-362-8382 YARMOUTHPORT MA 02675 FAX 508-362-2828 WWW.CATALYSTARCHITECTS.COM Exterior restoration work complete, new addition exterior shell complete. New hardscape terrace by Owner’s landscape contractor and accessible stonedust pathways complete. New hardscape terrace and associated stonedust accessible walkways by Owner’s landscape contractor. 203 WILLOW STREET SUITE A PH 508-362-8382 YARMOUTHPORT MA 02675 FAX 508-362-2828 WWW.CATALYSTARCHITECTS.COM Exterior Paint at cupola complete Complete exterior restoration and addition exterior shell. Complete terrace and accessible walkways by Owner’s landscape contractor End of Controlled Construction Report #6 1/1 Final STRUCTURAL REPORT September 9th, 2021 Catalyst Architecture & Interiors Attn: Maria Raber 203 Willow Street, Suite A Yarmouthport, MA 02675 Email: maria@capearchitects.com Structural Engineering– Final Report Project Name: Crosby Barn – Cape Rep Theatre – Phase II Project Location: 132 Linnell Landing Road, Brewster, MA Project #: ING19052 Dates/time of visit: Multiple Occasions Weather: 1.Typ. Site Attendees: Lars Jensen (INGHOUSE) Pasquale Lachetta (Cape Associates Site Supervisor) Janine Perry (Cape Rep. Theater) INGHOUSE INGHOUSE has final reviewed all construction of Phase II (addition and renovation of Crosby Barn). Punch-list items have been completed by the general contractor and are hereby approved. The constructed structural systems comply with our initial structural plans, and directives provided via. revisions or on site directives. Please, do not hesitate to contact us with any questions or concerns. Sincerely, Lars Jensen, P.E., S.E. CC: Janine Perry (Cape Rep. Theater) Richard Bryant (Cape Associates, General Contractor) inghouse, PC P.O. Box 182 Mashpee, MA 02649 Phone: 508-221-2980 Email: jensen@inghouse.net Web: www.inghouse.net 09/09/2021 203 WILLOW STREET SUITE A PH 508-362-8382 YARMOUTHPORT MA 02675 FAX 508-362-2828 WWW.CATALYSTARCHITECTS.COM September 15, 2021 Permit #: BLDG20-0516 Crosby Barn – Brewster, MA Mr. Marc LaPointe, District State Inspector Office of Public Safety and Inspections 50 Maple Street Milford, MA 01757 cell: 617-686-1882 email: marc.lapointe@mass.gov (sent via email) RE: Temporary Occupancy of Crosby Barn Dear Mr. LaPointe, I provide the following in response to your request in your email dated Friday September 10, 2021. The Cape Rep Theatre proposes to occupy the partially completed building for small group tours for fundraising purposes by appointment only in order to limit the number of people inside the building. The proposed group size is 12 visitors in addition to trained staff and volunteers. In our review of the IBC 2015 Tables 1006.2.1 and 1006.3.2(2) - (there are no applicable MA Amendments), a single exit is allowed in an Assembly use group where the building is not equipped with a sprinkler system and the travel distance is less than 75 ft. for an occupa nt load of less than 49 occupants. Please see the attached diagram indicating the travel distance within the building demonstrating that all spaces meet the travel distance criteria. It is our suggestion that the Cape Rep Theatre provide signage at the doors that are not available for use as exits to discourage use of such doors by visitors. The floor surface has been patched within the historic barn there is no abrupt change in elevation. Existing lighting remains in the barn, the Cape Rep Theatre will provide supplementary lighting in areas where lighting levels are low. Sincerely, Kurt E. Raber, Principal-In-Charge CC: Rich Bryant, Vice President and Project Manager, Cape Associates Pasquale Iachetta, Site Superintendent, Cape Associates Kate Mundle, Cape Rep Theatre, Owner’s Representative Janine Perry, Cape Rep Theatre, Artistic Director Encl.: Single Exit and Travel Distance Diagram DNACACDNDNCUACAE51DC.3B.7B234C2A2.2BA3.1AA3.11A2.2CA3.2EXISTING OUTDOOR STAIRWAY WITH FENCE / RAILING DOWN TO BASEMENT TO REMAIN2A2.14'-6"MEN108WOMEN109GEN. NEUTRAL106RESTROOMVESTIBULE105MULTIPURPOSE /PERFORMANCESPACE101RECEPTION SPACE100WARMING KITCHEN102STAIR991A2.1NEW 4" THICK SLOPED CONCRETE WALKWAY, BROOM FINISHNEW SLOPED CONCRETE WALKWAY, BROOM FINISHSEE NOTE AOUTLINE OF NEW CANOPY ROOF ABOVEOUTLINE OF NEW ROOF ABOVEJAN.1073'-0 1/2"9'-11"3'-0 1/2"4'-4"7'-11"11'-5"2'-4"1'-6"10010210810610710910110210312'-0"4'-11 1/2"3'-9"1'-10"25'-8 1/2"X2X3X6X7X4X1X8101aEX1.1SEE NOTE CSEE NOTE ASEE NOTE BSEE NOTE CSEE NOTE A8'-11"3'-7 1/2"3'-11 1/2"2'-7"10'-11"1'-3"2'-7"5'-9"3'-0"7'-7 1/2"11'-6"14'-1 1/2"6'-0"16'-0"TO BE RENOVATED36'-3" EXISTING BUILDING NEW WOOD FRAMED ADDITION22'-0"SEE NOTE AEA3.3EX1.2FA3.5A7.5A2.32.7HA3.2104105106SEE NOTE A2'-6"30'-0"3A4.3A5.3015'-0"10'-0"6'-0"TO BE RENOVATED72'-4" EXISTING BUILDINGA7.1ADNDN12'-5 1/2"5'-8"5'-8"12'-5 1/2"105ACOUSTICALLY TREATED SURFACE (BY OTHERS) , SEE WALL TYPESOUTLINE OF EXISTING ROOF ABOVESEE NOTE ANEW 4" THICK CONCRETE LANDINGS W/ HAUNCHED EDGESDNNEW P.T. WOOD FRAMED STAIR W/ GALV. PIPE RAILING, PTD ON CONC. PIERS / SPREAD FOOTINGS -SEE EXTERIOR STAIR DETAILSEXISTING HARDWOOD FLOOR TO REMAIN IN PLACE -PATCH MISSING & DETERIORATED HARDWOOD FLOOR TO MATCH EXISTING ADJACENT MATERIAL (REFER TO FLOOR FINISH PLAN FOR FLOOR PATCHING LOCATIONS) - FINISH PER ROOM FINISH SCHEDULE AND FLOOR FINISH PLANNEW A.C. CONDENSER UNITS -SEE MECHANICAL DRAWINGSNEW 10' X 13'-6" X 6" THICK REINFORCED CONCRETE SLAB ON GRADE W/ THICKENED EDGES2.0%NEW SLOPED CONC. WALKWAYLEVEL LANDINGLEVEL LANDINGEXISTING DOOR TO BE RESTORED BY OTHERSDOWNSPOUT TO BELOW GRADE DRAINAGE SYSTEMSTEEL COL. -SEE STRUCT. DWGSSTEEL COL. -SEE STRUCT. DWGSSEE NOTE BSEE NOTE B105bA5.51SEE NOTE A6'-6"9'-0"4'-0"49.30'3'-0"4.0% Sloped Walkway3'-0 1/2"9'-11"3'-0 1/2"5.0% Sloped Walkway3.7% Sloped WalkwayLEVEL LANDINGDN1'-0"48.93'48.32'EXISTING FLOORING TO BE REMOVED AND NEW ¾”THICK A.C.X. PLYWOOD FLOOR TO BE INSTALLED (BETWEEN COLUMN LINES 4 & 5)DA3.448' - 4 1/2" B.O. Sloped Walkway49.30'9 1/2"2'-3"EW.1EW.1EW.1EXEXAA.1A.1CEXEXEXEW.1NEW P.T. WOOD FRAMED STAIR W/ GALV. PIPE RAILING, PTD ON CONC. PIERS / SPREAD FOOTINGS -SEE EXTERIOR STAIR DETAILSEXISTING DOOR TO BE RESTORED BY OTHERS36" GATE36" GATEF.D.F.D.DNR- 7' - 0"49.30' T.O. LandingR- 3' - 0"48.13' B.O. Sloped WalkwayDNSLOPED WALKWAYC.J.C.J.C.J.C.J.C.J.C.J.C.J.C.J.C.J.C.J.C.J.C.J.NEW 42" HIGH CABLE RAIL W/ 36" GATE -SEE STAIR PLANS, SECTIONS & DETAILS C.1G110C.J.6'-6"6'-0"3'-0"4'-0"R- 3' - 0"105aAA.1FDNDNEHVAC SUPPLY FOR ALTERNATE AT WARMING KITCHEN -SEE A7.5FUTUREHVAC RETURN 5.0%R- 3' - 0"49.30' T.O. Landing1'-0"4'-0"1'-0"1'-0"4'-0"1'-0"NEW 3" THICK X 4' WIDE SLOPED STONE DUST WALKWAY, 95%COMPACTED49.30'14'-6 1/2"10' - 0"13'-6"1: 201: 20NEW 4' HIGH SOLID TONGUE & GROOVE CEDAR PANEL FENCE W/ GATE (TO BE PAINTED BY OTHERS)7'-0"21'-9"17'-0"NEW FENCEEXISTING FENCE1: 20TYP.GA7.312CCCGA3.6DN5'-0"5'-0"LINE OF PROJECTION SCREEN ABOVE -SEE REFLECTED CEILING PLAN AND THEATER CONSULTANT DRAWINGSA7.426" DIA. SCHEDULE 40 PVC PIPE CAPPED TOP AND BOTTOM (BASE BID) FOR INSTALLATION OF BDA CABLE (CABLE INSTALLATION DEDUCT ALTERNATE #2)A7.411'-4"SHELVES (N.I.C.)EXISTING WINDOW TO BE RESTORED BY OTHERS5'-0"5'-0"5'-0"NEW CONCRETE AREAWAYSW/ REMOVABLE METAL GRATES & PEASTONE FLOOR -SEE A1.0 AND A5.0A5.03EXISTING WALL (TYPE VARIES)NEW FRAMED PARTITIONEXISTING STEEL COLUMNS WALL & STRUCTURE LEGEND:GENERAL NOTES:1.ALL DIMENSIONS ARE TAKEN FROM THE EXTERIOR FACE OF STUDS (ON EXTERIOR WALLS) TO THE CENTER OF STUDS (ON INTERIOR WALLS), UNLESS NOTED OTHERWISE.2. ALL DOORS TO BE LOCATED 5" FROM FINISH JAMB TO FACE OF ADJACENT PERPENDICULAR WALL STUD OR CENTERED BETWEEN TWO ADJACENT WALLS, UNLESS NOTED OTHERWISE.3.ALL NEW INTERIOR PARTITIONS ARE TO BE 2 X 4 CONSTRUCTION WITH STUDS AT 16" O.C., UNLESS NOTED OTHERWISE.EXISTING OPENING TO BE INFILLED PER DETAIL 6 / A5.2 -EXISTING EXTERIOR SHUTTERS TO BE FIXED IN CLOSED POSITIONNOTE AEXISTING OPENING TO BE INFILLED TO MATCH EXISTING ADJACENT CONSTRUCTIONNOTE BKEY NOTES / LEGEND:DATE ISSUED:DRAWN BY:DRAWING NO.:SCALE:REVISIONS:203 WILLOW STREET, SUITE AYARMOUTHPORT, MA 02675 P. 508-362-8382 WWW.CATALYSTARCHITECTS.COM© Catalyst Architecture / Interiors, Inc. All rights reserved. The Copyrights to all designs and drawings are the property Catalyst Architecture & Interiors, Inc. No use or reproduction of this material is permitted without expressed written consent. 9/23/2020 11:18:43 AMC:\Users\swilliams\Desktop\Crosby Barn Detached\CBR CDs_detached.rvt1/4" = 1'-0"A1.1PROPOSEDFIRST FLOORPLANCROSBY BARN RENOVATIONSSK / SW9.28.20203299 MAIN STREET (ROUTE 6A)BREWSTER, MACAPE REP THEATRE1/4" = 1'-0"1PROPOSED FIRST FLOOR PLANEXISTING OPENING TO BE INFILLED PER DETAIL 6/A5.2, PROVIDE NEW SHUTTERS TO MATCH EXISTING, AND EXISTING, TOP AND BOTTOM RAILS TO BE REMOVED, RESTORED, AND REINSTALLED BY OTHERS (ADD ALT #7-NEW SHUTTERS, PLUS TOP AND BOTTOM RAILS TO BE REMOVED, RESTORED AND REINSTALLED BY GENERAL CONTRACTOR)NOTE CNOTE CREFER TO NOTE AT TOP CORNER OF THIS SHEET NO. DESCRIPTION DATE1 Addendum 1 6.17.20204 Addendum 4 6.29.202060'-9"52'-10"72'-5"CURRENT CONDITION:ROUGH WOOD STUD FRAMING ONLY AT ADDITION- NO FINISHES OR DOORS, NO PLUMBING FIXTURESCURRENT CONDITION:STAIR, RAILING, GATE, AND DOUBLEDOORS HAVE NOT BEEN INSTALLEDCURRENT CONDITION:PARTITIONS, DOOR, ANDDUCTWORK HAVE NOTBEEN INSTALLEDTO BE AN EXITIN NEXT PHASETO BE ANON-PUBLICENTRANCE INNEXT PHASETO BE ANON-PUBLICENTRANCE INNEXT PHASETO BE ANON-PUBLICENTRANCE INNEXT PHASETO BE AN EXITIN NEXT PHASETO BE ANON-PUBLICENTRANCE INNEXT PHASEIBC TABLE 1006.2.1: SPACES WITH ONE EXITGROUP A OCCUPANCYMAXIMUM OCCUPANT LOAD PER SPACE: 49WITHOUT SPRINKLER SYSTEM: 75 FEETTRAVEL DIST.IBC TABLE 1006.3.2(2): STORIES WITH ONEEXIT (FIRST STORY)GROUP A OCCUPANCYMAXIMUM OCCUPANT LOAD PER STORY: 49MAXIMUM COMMON PATH OF EGRESSTRAVEL DISTANCE: 75 FEETSINGLE EXIT ANDTRAVELDISTANCEDIAGRAM FORTEMPORARYOCCUPANCY09.15.2021 Figure 1: Typical 3-Bedroom Type A (units 41-45) Figure 2: Typical 2-Bedroom (units 66-70) Figure 3: Units 33-37 Accessible/Type B 3-Bedroom Figure 4: Unit 29 Moss and mildew growth on roofs Figure 5: Unit 25 2”x3” downspout in unsupported configuration Figure 6: Unit 92 front roof covered in moss and mildew Figure 7: Unit 92 rear roof covered in moss and mildew Figure 8: Units 15-19 typical rear roof Figure 1: Units 33-37 existing roofing demo Figure 2: Units 41-45 Roof ice & water shield installation Figure 3: Units 41-45 roof underlayment installation Figure 4: Unit 18 Low roof ice & water shield installed following wall enclosure Figure 5: Low roof shingles with step flashing installed prior to wall re-siding Figure 6: Units 15-19 roof and wall work complete (foundation repairs ongoing) Figure 7: Units 92-96 roof and wall work nearing completion (Gable End siding being installed) Figure 8: Units 99-103 roofs, gutters, 3”x4” downspouts and wall work complete From: Colette Williams Sent: Wednesday, December 15, 2021 10:05 AM To: Colette Williams Subject: Summary of the Conflict of Interest Law Good Morning Everyone, The annual conflict of interest law education and training requirements are again upon us. The current compliance period runs through December 2022. For this compliance period, the following is required: The summary of the conflict of interest law for municipal employees (including boards and commissions) should be distributed to all employees and written acknowledgments collected from the employees within 30 days. Please note that you may send me an email stating that you received the Summary of the Conflict of Interest Law. I do not need a hard copy. Chairs of Boards/Commissions: Please ensure that all members of your boards comply with these requirements. I have forwarded information with all email addresses I have on file, but I would definitely appreciate if you would follow up with your committee/board to make sure they have received a copy. If you then could check that they have complied with the response to the Clerk’s Office for our records. If you have received this message more than once, let me apologize in advance. I have tried to remove any duplicates but there are a lot of people in Brewster who are generous with there time towards Municipal Government and serve on multiple committees, so I may have missed a few. If you have any questions, please just send me an email or you may always give us a call at 508- 896-4506. https://www.mass.gov/service-details/summary-of-the-conflict-of-interest-law-for-municipal- employees - Conflict of Interest Summary https://www.mass.gov/files/documents/2018/11/15/2017%20Guide%20with%20ed%20mat erials_revised%201-30-18.pdf – Open Meeting Law Thank you and if you have any questions please do not hesitate to contact me. Thank you, Colette M. Williams, MMC/CMMC Town Clerk Records Access Officer Brewster, MA