HomeMy Public PortalAbout03.02.22 FinCom Packet
Town of Brewster Finance Committee
2198 Main St., Brewster, MA 02631
fincommeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Remote Participation Only
March 2, 2022 at 6:00 PM
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:
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To request to speak: Press *9 and wait to be recognized.
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Passcode: 565167
To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then
wait to be recognized.
Finance
Committee
Harvey (Pete) Dahl
Chair
Frank Bridges
Vice Chair
William Meehan
Clerk
Andrew Evans
William Henchy
Alex Hopper
Honey Pivirotto
Robert Tobias
Robert Young
Town
Administrator
Peter Lombardi
Finance Director
Mimi Bernardo
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. Public Announcements and Comment: Members of the public may address the Finance Committee on
matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting
Law, the Finance Committee is unable to reply but may add items presented to a future agenda.
6. Town Administrator/Finance Director Report
7. Town Meeting Warrant Articles – Discussion and Vote
a. Citizen’s Petition - Punkhorn Hunting Ban
b. Citizen’s Petition - Punkhorn Hunting Restrictions
c. STM Article 2 – Transition Golf Depertment to Enterprise Fund
d. ATM Article 5 – Nauset Regional Assessment Formula
e. ATM Article 8 – Creation of New Golf Stabilization Fund
f. ATM Article 12 – Bond Premium Appropriation
g. ATM Article 13 – Special Revenue Fund: Cable Franchise Fee
h. ATM Article 14 – Acceptance of Grants and Gifts
i. ATM Article 15 – Repair & Resurface of Town roads – Chaprer 90 Funds
8. Update on Water Quality Project Funding Options and Continued Brewster Participation
in Cape Cod and Island Water Protection Fund
9. Nauset Regional Public Schools Budget – Discussion and Strategic Direction
10. Budget Calendar – Update
11. Liaison Reports
12. Review and Approval of Minutes
13. Request for agenda items for future meetings.
14. Matters Not Reasonably Anticipated by the Chair
15. Next Finance Committee Meeting - March 9, 2022
16. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
2/28/22
Town of Brewster
SPECIAL & ANNUAL TOWN MEETING
WARRANT
for
May 2, 2022
at
6:00 PM
STONY BROOK ELEMENTARY SCHOOL
384 UNDERPASS ROAD
Please bring this copy of the warrant to Town Meeting
Large print copies of the warrant are available at the Brewster Town Offices
TOWN OF BREWSTER
SPECIAL & ANNUAL TOWN MEETING WARRANT
May 2, 2022
TABLE OF CONTENTS
A INDEX 2
B INFORMATION & MODERATOR’S
STATEMENT FOR VOTERS
4
C CONSENT CALENDAR – ROUTINE ARTICLES
FOR APPROVAL
D FINANCE COMMITTEE REPORT
E TAX RATE INFORMATION
F CAPITAL PROJECTS REPORT
G HEALTH & HUMAN SERVICES REPORT
H 2022 SPECIAL TOWN MEETING WARRANT
ARTICLES
ARTICLE DESCRIPTION SPONSOR PAGE
1 Outstanding Obligations Select Board
2 Budgetary Transfers Select Board
3 Acceptance of MGL Chapter 44 Section 53F½
- Transition Golf Department to Enterprise
Fund effective FY23
Select Board
4 Other Business Select Board
H 2022 ANNUAL TOWN MEETING WARRANT
ARTICLES
1 Cape Cod Regional Technical High School
Operating Budget
Cape Cod Technical
School Committee
2 Elementary Schools Operating Budget Elementary School
Committee
3 Creation of New Brewster Elementary Schools
Special Education Stabilization Fund
Elementary School
Committee
4 Nauset Regional Schools Operating Budget Nauset Regional School
Committee
5 Assessment Formula for Nauset Regional
Schools
Nauset Regional School
Committee
6 Town Operating Budget Select Board
7 Water Enterprise Fund Select Board
8 Creation of New Golf Capital Stabilization
Fund
Select Board
9 Golf Enterprise Fund Budget Select Board
10 Community Preservation Act Funding Community
Preservation
Committee
11 Capital and Special Projects Expenditures Select Board
12 Bond Premium Reallocation Select Board
13 Special Revenue Fund: Cable Franchise Fee Select Board
14 Acceptance of Grants and Gifts Select Board
15 Repair & Resurface Town Roads/Chapter 90
Funds
Select Board
16 Town Code Amendment to Community
Preservation Committee bylaw (§ 17)
Select Board
17 Cape Cod & Islands Water Protection Fund
(CCIWPF) Opt Out (MGL Ch 29C Sec 3C)
Select Board
18 Acceptance of MGL Ch 64G Sec 3D (Local
Option) – New 3% Community Impact Fee
from Short-term Rental Revenues for Water
Quality, Affordable Housing, and Town
Infrastructure
Select Board
19 Special Act to Establish Brewster-Specific
CCIWPF Equivalent to Fund Local Water
Quality Initiatives
Select Board
20 Utility Easement – 361 Slough Road Select Board
21 Lease of Town Property/Antenna Select Board
22 Citizens Petition/Punkhorn Hunting Ban Citizens Group
23 Citizens Petition/Punkhorn Hunting
Restrictions
Citizens Group
24 Other Business Select Board
J TOWN MODERATOR’S RULES
K GLOSSARY OF FINANCIAL TERMS
CONSENT CALENDAR
ROUNTINE ARTICLES FOR APPROVAL
To expedite Town Meeting and save valuable time for discussion of key issues, the 1994 Fall Yearly
Town Meeting created the "Consent Calendar" to speed passage of articles that appear to raise no
controversy. The purpose of the Consent Calendar is to allow the motions under these articles to
be acted upon as one unit and to be passed by a unanimous vote without debate.
THIS CONSENT CALENDAR WILL BE TAKEN UP AS THE FIRST ORDER OF BUSINESS AT THE ANNUAL
TOWN MEETING ON MAY 2, 2022.
If you have any questions about these articles, motions or the procedure please call the Town
Administrator’s office at 508-896-3701 X1100 before Town Meeting.
At the call of the Consent Calendar, the Moderator will call out the numbers of the articles, one by
one. If any voter has doubt about passing any motion or wishes an explanation of any subject on
the Consent Calendar, THE VOTER SHOULD STAND AND SAY THE WORD "HOLD" IN A LOUD,
CLEAR, VOICE WHEN THE NUMBER IS CALLED. The Moderator will then inquire as to whether the
request to hold is for a question or for debate. If the purpose of the request was merely to ask a
question, an attempt to obtain a satisfactory answer will be made, and if that occurs, the article will
remain on the Consent Calendar absent a further request to hold. If the purpose of the request was
to hold the article for debate, the article will be removed from the Consent Calendar and restored
to its original place in the warrant, to be brought up, and debated and voted on in the usual manner.
No voter should hesitate to exercise the right to remove matters from the Consent Calendar. It is
the view of the voters as to the need for debate that is significant, not that of the town officials who
put together the Consent Calendar. However, it is hoped that voters will remove articles from the
Consent Calendar only in cases of genuine concern.
After calling of the individual items in the Consent Calendar, the Moderator will ask that all items
remaining be passed as a unit by a unanimous vote. Please review the list of articles proposed for
the Consent Calendar which follows. Complete reports can be found under each article printed
in this warrant.
PROPOSED CONSENT CALENDAR FOR ROUTINE WARRANT ARTICLES
No. 4 Assessment Formula for Nauset Public Schools
No. 12 Special Revenue Fund/Cable Franchise Fee
No. 14 Acceptance of Grants and Gifts
No. 15 Repair and Resurface Town Roads/Chapter 90 Funds
TOWN OF BREWSTER SPECIAL TOWN MEETING MAY 2, 2022
Barnstable, ss
To: Roland W. Bassett, Jr. Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the
Cafetorium at the Stony Brook Elementary School, 384 Underpass Road, on Monday, May 2,
2022, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the following
articles:
OUTSTANDING OBLIGATIONS
ARTICLE NO. 1: To see what sums the Town will vote to appropriate from available funds for
the payment of unpaid obligations from previous fiscal years, including any bills now on
overdraft:
Vendor Amount
a. Custom Drug Testing $165.00
b. Titleist $729.26
c. Jet Professional Group
Total $
Or to take any other action relative thereto.
(Select Board) (Nine-tenths Vote Required)
COMMENT
This article will authorize the payment of outstanding bills from a previous fiscal year.
According to Massachusetts General Laws, a Town cannot pay a bill from a previous fiscal year
with the current year’s appropriation. Therefore, Town Meeting authorization is required.
a.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
b. 0
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
c. 0
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2022 General Fund operating budget from other line items of said budget and from
other available funds:
FROM TO AMOUNT
a
b
c
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article would authorize the transfer of surplus funds from certain departments’ budgets
and/or accounts and Free Cash for Fiscal Year 2022 to other accounts which are experiencing
unanticipated shortfalls and/or require additional funding for new programs and/or initiatives.
The following is a brief review of these requests:
a. This sum is required to
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
b. This sum is required to
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
c. This sum is required to
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
GOLF DEPARTMENT ENTERPRISE FUND
ARTICLE NO. 3: To see if the Town will vote to accept the provision of G.L. Ch. 44 Section 53F½
in order to establish a Golf Department Enterprise Fund for fiscal year commencing on July 1,
2022, and to transfer any funds remaining in the Water Department Reserve Fund as of June
30, 2022, or to take any other action relative thereto.
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
While Brewster Golf Department revenues and expenses have always been accounted for
separate from the General Fund, acceptance of this local option formally establishes the Golf
Department as an enterprise fund. Enterprise fund accounting provides more flexibility and
transparency than the current enabling statute for our Golf Department. It clearly identifies the
total cost of providing this service and helps determine if the rates charged are sufficient to
cover the cost, providing useful management information and data tracking for more
informative decision making. The National Golf Foundation recently completed a
comprehensive analysis of operations, finances, and capital needs for the Captain’s Golf course.
The Golf Commission and Town staff have further refined projections based on their findings
and recommendations.
Enterprise fund accounting allows payments for indirect costs to flow from the enterprise to
the General Fund to reimburse the Town for the associated costs of Town employees working
on enterprise activities. Also, surpluses remain in the fund and may be used to pay operating,
capital, or debt service costs associated with the operation. Additionally, investment income
earned by the particular enterprise fund is retained within the fund to finance anticipated
projects. The MA Department of Revenue’s Division of Local Services recommended making
this change in their 2019 Financial Management Review.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
OTHER BUSINESS
ARTICLE NO. 4 To act upon any other business that may legally come before this meeting; or to
take any other action related thereto.
(Select Board) (Majority Vote Required)
You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at
the time and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster affixed this __th day of April 2022.
___________________________________
Cynthia A. Bingham, Chair
___________________________________
David C. Whitney, Vice-Chair
___________________________________
Edward B. Chatelain, Clerk
___________________________________
Mary W. Chaffee
___________________________________
Kari Sue Hoffmann
I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of May 2, 2022 by posting attested copies
thereof, in the following locations in the Town on the xx day of April, 2022.
Brewster Town Offices
Café Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U. S. Post Office
_________________________________
Roland W. Bassett, Jr. Constable
TOWN OF BREWSTER ANNUAL TOWN MEETING MAY 2, 2022
Barnstable, ss
To: Roland W. Bassett, Jr. Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the
Cafetorium at the Stony Brook Elementary School, 384 Underpass Road, on Monday, May 2,
2022, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the following
articles:
CAPE COD REGIONAL TECHNICAL HIGH SCHOOL OPERATING BUDGET
ARTICLE NO. 1: To see what sums the Town will vote to raise and appropriate and/or transfer
from available funds to defray Cape Cod Regional Technical High School charges and expenses
for the Fiscal Year ending June 30, 2023, as follows;
DEPARTMENT EXPENDED
FY2021
APPROPRIATED
FY2022
REQUESTED
FY2023
CAPE COD TECH
ASSESSMENT
DEBT ASSESSMENT
TOTAL ASSESSMENT
or to take any other action relative thereto.
(Cape Cod Technical School Committee) (Majority Vote Required)
COMMENT
This article will provide funding for the Fiscal Year 2023 operating budget for the Cape Cod
Regional Technical High School District. This district consists of the Towns of Barnstable,
Brewster, Chatham, Dennis, Eastham, Harwich, Mashpee, Orleans, Provincetown, Truro,
Wellfleet and Yarmouth. The overall district-wide budget has increased by x.xx% over Fiscal
Year 2022. Brewster’s actual share of the assessment has increased/decreased by a sum of
$xxx,xxx or xx.xx% over Fiscal Year 2022. District wide enrollment has increased/decreased
from xxx students to xxx students; with Brewster’s enrollment increasing/decreasing from xx to
xx students for this same period. The Debt Assessment line represents Brewster’s third year
payment for our share of the school building project for the new Cape Cod Regional Technical
High School. This project was approved by the voters at the October 24, 2017 Special Election.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
ELEMENTARY SCHOOLS OPERATING BUDGET
ARTICLE NO. 2: To see what sums the Town will vote to raise and appropriate and/or transfer
from available funds to defray the Elementary Schools’ charges and expenses, for the Fiscal
Year ending June 30, 2023, as follows;
DEPARTMENT EXPENDED
FY2021
APPROPRIATED
FY2022
REQUESTED
FY2023
ELEMENTARY SCHOOL
BUDGET
SCHOOL FRINGE BENEFITS
TOTAL ASSESSMENT:
or to take any other action relative thereto.
(Elementary School Committee) (Majority Vote Required)
COMMENT
This article will provide funding for the Fiscal Year 2023 operational budget for the Stony Brook
and Eddy Elementary Schools. The Fiscal Year 2023 budget request for the Elementary Schools
stands at $x,xxx,xxx. These operational budgets have increased by the total sum of $xxx,xxx or
x.x%, over Fiscal Year 2022. The Town’s total elementary school assessment is increasing by
x.x% when the schools proportionate shares of fringe benefits expenses is applied.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
SPECIAL EDUCATION STABILIZATION FUND
ARTICLE NO. 3: This article will provide for the creation of a new Brewster Elementary Schools
Special Education Stabilization Fund.
(Elementary School Committee) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLE NO. 4: To see what sums the Town will vote to raise and appropriate and/or transfer
from available funds to defray the Nauset Regional School District charges and expenses for the
Fiscal Year ending June 30, 2023, as follows;
DEPARTMENT EXPENDED
FY2021
APPROPRIATED
FY2022
REQUESTED
FY2023
NAUSET
ASSESSMENT
NAUSET DEBT
ASSESSMENT
TOTAL ASSESSMENT:
or to take any other action relative thereto.
(Nauset Regional School Committee) (Majority Vote Required)
COMMENT
This article provides funding for the Fiscal Year 2023 operational budget for the Nauset
Regional School District. The overall operating budget for the Nauset Regional Schools stands
at $xx,xxx,xxx which represents an increase of x.x% over the prior year. Brewster’s share of the
Nauset Schools operational budget is $xx,xxx,xxx. Brewster’s proportionate share of
enrollment has increased/decreased from xxx% in Fiscal Year 2022 to xx.xx% in Fiscal Year 2023.
The Town’s share of the operational budget has increase x.xx% over Fiscal Year 2022, due to the
increase in Brewster’s share of the enrollment.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE NO. 5: To see if the Town will vote, pursuant to the provisions of the fourth paragraph
of G.L. c.71, §16B, to reallocate the sum of the member towns’ contributions to the Nauset
Regional School District in Fiscal Year 2024 in accordance with the Regional Agreement rather
than the Education Reform Formula, so-called, or to take any other action relative thereto.
(Nauset Regional School Committee) (Majority Vote Required)
COMMENT
This article will apportion the Nauset Regional School District’s assessment to the four member
towns for the upcoming fiscal year based on their proportionate annual student enrollment
within the school district. This specific methodology is provided for within the inter-municipal
agreement, approved by the four towns establishing the Nauset Regional School District. This
allocation formula has been applied in each of the last twenty-three years by Town Meeting vote.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
TOWN OPERATING BUDGET
ARTICLE NO. 6: To see what sums the Town will vote to raise and appropriate, transfer from
available funds, or borrow pursuant to any applicable statute, for the purposes of supporting
the offices, departments, boards and commissions of the Town of Brewster for Fiscal Year 2023,
including authorization for lease purchases of up to five years, as follows;
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY 2021 FY 2022 FY 2023
GENERAL GOVERNMENT
Finance Committee
Assessors
Accounting
Treasurer/
Collector
Information
Technology
Legal
Moderator
Planning
Select Board / Town
Administration
Town Clerk
Public Buildings
SUBTOTAL GENERAL
GOVERNMENT
PUBLIC SAFETY
Building Department
Fire Department
Natural Resources
Police Department
Sealer of Weights &
Measures
SUBTOTAL PUBLIC
SAFETY
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY 2021 FY 2022 FY 2023
PUBLIC WORKS
Public Works
Snow & Ice Removal
Street Lights
SUBTOTAL PUBLIC
WORKS
HUMAN SERVICES
Council on Aging
Board of Health
Veteran’s Services
Public Assistance
SUBTOTAL HUMAN
SERVICES
CULTURE & RECREATION
Brewster Ladies
Library
Recreation
Memorial &
Veterans Day
SUBTOTAL CULTURE
& RECREATION
DEBT SERVICE
Principal & Interest
SUBTOTAL DEBT
SERVICE
INSURANCE, UTILITIES & FRINGE BENEFITS
General Insurance
Utilities
Fringe Benefits
Including OPEB
SUBTOTAL
INSURANCE &
FRINGE BENEFITS
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY 2021 FY 2022 FY 2023
OTHER OPERATING EXPENSE & ASSESSMENTS
Assessments
Alewives
General Stabilization
Fund
Local Service Funding
SUBTOTAL OTHER
OEPRATING
EXPENSE &
ASSESSMENTS
GRAND TOTAL OF
GENERAL FUND
OPERATING
BUDGETS
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will provide funding for the Fiscal Year 2023 operational budget for the Town
boards, committees, and departments. The Town’s operational budget, as presented in this
article, exclusive of the transfer to the general stabilization fund, has increased x.xx%
Public Assistance: This section is inclusive of funding for the Health & Human Service
organizations and fuel assistance.
Assessments: This section is inclusive of funding for Pleasant Bay Alliance, Greenhead
Fly and the Historic District.
Local Services Funding: This section is inclusive of Chamber of Commerce, Town Band,
Cultural Council, Skipping Program and Millsites.
Water Department and Golf Department related operating expenditures are now shown in
their own articles in accordance with Massachusetts General Laws Chapter 44, Section 53F½
and Chapter 40, Section 5 respectively. Water, Golf, and Ambulance related capital requests
are still contained in the Capital Appropriation Article.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
WATER DEPARTMENT ENTERPRISE FUND
ARTICLE NO. 7: To see if the Town will vote, in accordance with G.L. c. 44, §53F1/2, to
appropriate from Water Department receipts, transfer from available funds or otherwise fund
the sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DOLLARS
($x,xxx,xxx) for Fiscal Year 2023 costs associated with the operation of the Water Department
including, but not limited to acquiring professional services and equipment, personnel and
maintaining facilities and operations, including authorization for lease purchases of up to five
years; all expenditures to be made by the Water Department, subject to the approval of the
Town Administrator, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
In accordance with Massachusetts General Laws Chapter 44, Section 53F1/2, receipts from
Water Department related activities are used to directly offset Water Department related
expenditures including capital and infrastructure costs. Voting a spending amount within the
Water Department Enterprise Fund allows receipts and related expenditures to be recorded in
one fund.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
GOLF CAPITAL STABILIZATION FUND
ARTICLE NO. 8: To see if the Town will vote to accept the provisions of G.L. c. 40, §5B for the
purpose of establishing a Golf Course Capital Improvement and Maintenance Stabilization
Fund; and to see if the Town will raise and appropriate and/or transfer from available funds a
sum of money for said stabilization fund, or take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
With several major capital projects anticipated in the next few years at the Captains, this new
capital stabilization fund would allow the Town to direct a portion of anticipated Golf revenues
to help pay for some of these future projects without issuing debt. For FY23, a $400,000
appropriation is included in the proposed FY23 budget that would transfer those funds to this
new account.
Funds in the new Golf Capital Stabilization Fund will require a 2/3 vote by Town Meeting to
appropriate. The Town currently plans to consistently make significant contributions to this
new fund in the next few years to help mitigate the cost impacts of those capital projects to
avoid the need of major fee increases in future years.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
GOLF ENTERPRISE FUND
ARTICLE NO. 9: To see if the Town will vote to appropriate from the Golf Fund, in accordance
with G.L. c.40, §5F, the sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ($x,xxx,xxx)
for the purpose of offsetting costs for Fiscal Year 2023 associated with golf department related
expenses including, but not limited to acquiring professional services and equipment, personnel
and maintaining facilities and operations, including authorization for lease purchases of up to
five years; all expenditures to be made by the Golf Department, subject to the approval of the
Town Administrator, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
In accordance with Massachusetts General Laws Chapter 40, Section 5F, receipts from Golf
Department related activities are used to directly offset Golf Department related expenditures.
Voting a spending amount for the Golf Departments allows all receipts and related
expenditures to be recorded in one fund. The FY23 Golf Budget reflects up-to-date analysis of
the impact of the pandemic on course operations and estimated revenues, and includes modest
funding for investment in necessary capital projects.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO.10 : To see if the Town will vote to act on the report of the Community
Preservation Committee on the Fiscal Year 2023 Community Preservation Budget and to
appropriate or reserve for later appropriation monies from the Community Preservation Fund
annual revenues or available funds for the administrative and operating expenses of the
Community Preservation Committee, the undertaking of Community Preservation Projects and
all other necessary and proper expenses for the year, with each item considered a separate
appropriation to be spent by the Community Preservation Committee, all as set forth below:
Estimated revenues FY23
a. Estimated FY23 tax surcharge $1,144,558
b. Estimated FY23 state contribution (25%) $ 286,140
c. FY23 Estimated Total: $1,430,698*
*Note: these numbers were agreed upon by Mimi and CPC Officers in a November meeting.
FY23 Appropriations and Allocations
d. Historic Preservation Reserve appropriation (10%) $143,070
e. Community Housing Reserve appropriation (10%) $143,070
f. Open Space Reserve appropriation (50%) $715,349
g. Budgeted Reserve* (30%) $429,209
h. Total $1,430,698
* 5% of FY23 Estimated Total ($71,535) is appropriated for Administrative Expense
leaving a net total of $357,674 in Budgeted Reserve.
Purpose Item Funding Source(s) Amount
1 Historic Preservation
a. Brewster Historical
Society
Digitization of Ellen St.
Sure Collection
Transfer $22,617
from Historic
Preservation Fund
balance
$22,617
Sub-total $22,617
2 Community Housing
a. Town of Brewster Town
Administration-
Housing Coordinator
Payroll and operating
costs for Part Time
Housing Coordinator
position to assist public
with affordable
housing program
Transfer $66,900
from Community
Housing
Fund balance
$66,900
b. Community
Development
Partnership
Lower Cape Housing
Institute (2 year
funding)
Transfer $15,000
from TBD
$15,000
c. Pennrose LLC Affordable housing at
former Cape Cod Five
Operations Center in
Orleans
Transfer $100,000
Community Housing
Fund Balance
$100,000
Sub-total $181,900
3 Open Space
a. Community
Preservation Bonded
Debt Service
Payment of debt
principal and interest
for the BBJ Property,
and Bates Property
bonds
Transfer $196,658
from Open Space
fund balance
$196,658
Sub-total $196,658
4 Budgeted Reserve
a. Administration
Expense
Administration and
operating expenses for
Community
Preservation
Committee
Fiscal Year 2023 CPA
estimated annual
revenues
$71,535
Sub-total $71,535
Grand Total $xxxxxxxx
For Fiscal Year 2023 Community Preservation purposes, each item is considered a separate
appropriation to be spent by the Community Preservation Committee; provided however, that
the above expenditures may be conditional on the grant or acceptance of appropriate historic
preservation restrictions for historic resources, open space restrictions for open space reserves,
and housing restrictions for community housing, running in favor of an entity authorized by the
Commonwealth to hold such restrictions for such expenditures, meeting the requirements of
G.L. c.184 and G.L. c.44B, Section 12, and to authorize the Board of Selectmen to convey or
accept such restrictions;
And further, any revenues received in excess of the estimated receipts are transferred to their
respective reserve fund balance(s) for future appropriation using the allocation formula of 50%
Open Space, 10% Housing, 10% Historical and 30% for Budgeted Reserve for CPA.
Or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
COMMENT
In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of
the modified Community Preservation Act. The act appropriates a 3% surcharge on the town’s
real estate tax revenues, which are reserved in a special fund in order to finance projects and
programs for the purposes of preservation of open space, recreation, community housing, and
historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the
State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year
2023, which is projected at 15%. Brewster established, through a local bylaw, a distribution
schedule for the CPA funds according to the following: 50% of the funds for open space, 10%
for community housing, 10% for historic preservation, and 30% balance is available for housing,
historic preservation and/or active or passive recreation projects.
1. Historic Preservation:
a. Historical Society – Digitization of Ellen St. Sure collection
Total Project Cost: $457,700 CPC Request: $125,000 CPC Vote: 8-0-0
Estimated balance (reserve plus FY23 estimated revenues) if items approved: $525,174
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
2. Community Housing:
a. Town of Brewster- Housing Coordinator - This item will fund the part-time Housing
Coordinator position. The Community Preservation Committee has supported the Housing
Coordinator position since 2017. The hiring of a housing coordinator was identified as a key
strategy in the Brewster Housing Production Plan. The Housing Coordinator holds hours for the
public weekly, supports multiple town committees, including the Housing Trust and Housing
Partnership, works with regional housing agencies and organizations in town to promote
housing choice. The housing coordinator is an integral part of the Town housing efforts,
outlined in both the Town Vision Plan and the Select Board strategic plan. The Housing
Coordinator helps to acquire, create, preserve and support community housing. Last year, the
Housing Coordinator's work hours were increased to 25 hours per week, due to the growth of
housing programs and initiatives. The FY23 request is to continue the position at 25 hours per
week with the CPC providing funding for the salary and the Town providing funding for all
benefits of the position. Our housing program continues to be a partnership of many town
entities.
Total Project Cost: $85,874 CPC Request: $51,096 CPC Vote: 8-0-0
b. Community Development Partnership – Lower Cape Housing Institute
Total Project Cost: $1,018,975 CPC Request: $52,500 CPC Vote: 8-0-0
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
c. Pennrose/Cape Cod Five
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
3. Open Space:
a. Community Preservation Bonded Debt Service- This item pays for the $196,658 in FY 2023
principal and interest on 3 CPA (BBJ 1 and 2 and Bates) open space acquisitions that were
financed via long term bonding.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
4. Reserves for Community Preservation:
a. Habitat for Humanity – Red Top Road Community Housing - Habitat for Humanity proposes
to build 2 high quality three-bedroom affordable homes at 26 Red Top Road on land donated by
a private Brewster resident. Habitat for Humanity Cape Cod provides homeownership
opportunities for families at income levels not served by other affordability programs. Habitat’s
home pricing model, along with financing assistance for qualified buyers, allows a household
earning 40% of area median income, as adjusted for family size, to afford a home. The homes
will be affordable in perpetuity, and will count on Brewster’s DHCD Subsidized Housing
Inventory. Habitat intends to ask DHCD for a“veteran preference” pool for the family selection
for one of the two homes, and for the other home to be open to Barnstable County residents.
$100,000 of the award will go toward construction costs. $5,000 will be set aside to cover legal
expenses incurred by the CPC in connection with the award.
Total Project Cost: $786,884 CPC Request: $105,000 CPC Vote: 8-0-0
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
b. Brewster Affordable Housing Trust Fund – Rental Assistance Program: This item would
fund the Brewster Affordable Housing Trust Rental Assistance Program (B-RAP) for two
additional years. Over the past years, and exacerbated with the Covid-19 pandemic, year-
round rental housing has become more difficult for Brewster households to afford. The
Brewster Affordable Housing Trust Rental Assistance Program (B-RAP) assists low and moderate
income Brewster households to both attain and retain rental housing. Using previous CPA
funding, approved at the 2018 Fall Special Town Meeting, the Housing Trust developed the B-
RAP program in response to identified needs in the community and designed the emergency
assistance component in coordination with eight Lower Cape Towns and local social service
agencies. The program, managed by Housing Assistance Corporation (HAC), provides a monthly
rental subsidy as well as case management support to assist residents in affording rentals. The
emergency Covid-19 assistance component provides funds to help households impacted by
Covid-19 maintain their rental housing. Prior to using B-RAP funds, HAC works with applicants
to access financial assistance from federal, state, and county programs as well as private
donations. This initiative keeps Brewster residents housed, supports the health of the
community, and provides landlords with needed funds.
Total Project Cost: $225,000 CPC Request: $150,000 CPC Vote: 6-0-0
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
d. Administrative Expense- This item will fund the costs associated with general administrative
and operating expenses, including but not limited to legal and other professional consulting
services, related to carrying out the operations of the Community Preservation Committee. The
Community Preservation Act allows up to 5 % of expected annual revenues for this purpose.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 11: To see what sums the Town will vote to raise and appropriate, transfer from
available funds, or authorize the Town Treasurer to borrow under and pursuant to
Massachusetts General Laws Chapter 44, Sections 7, 7(1), or 8, or any other enabling authority,
for the capital outlay expenditures listed below, including, in each case, all incidental and
related costs, to be expended by the Town Administrator with the approval of the Board of
Selectmen, except School expenditures to be made by the School Superintendent with the
approval of the School Committee; authorize leases and lease purchase agreements for more
than three but not more than five years for those items to be leased or lease purchased, and
further that the Town Administrator with the approval of the Board of Selectmen or School
Superintendent with the approval of the School Committee for school items, be authorized to
sell, convey, trade-in or otherwise dispose of equipment being replaced, all as set forth below:
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
1 Select Board
Sub-Total $
2 Elementary School Department
a.
b.
c.
d.
Sub-Total $
3 Nauset Regional School District
a. Capital Plan Projects Professional services
and costs, including
procuring, engineering,
permitting, repair and
maintenance of
buildings, grounds, and
equipment within the
Nauset Middle School
and Nauset High
School
Raise and
appropriate
$xxx,xxx
Sub-Total $xxx,xxx
4 Natural Resources
a.
Sub-Total $
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
5 Information Technology
a.
b.
c.
Sub-Total $
6 Water Department
a. Construction Account Costs for goods,
materials and services
to maintain and repair
the Town’s water
system
Water Receipts
Reserved for
Appropriation
$
Sub-Total $
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
7 Department of Public Works
a. Tree Work Professional Services
tree work and/or
removal of trees that
are deemed a safety
hazard by the Public
Works Department
General Fund Free
Cash
b. Road & Drainage Projects Professional services,
including engineering,
permitting and
construction costs, for
Town road
maintenance and
drainage projects
General Fund Free
Cash
c. Irrigation Projects Professional services,
including engineering,
permitting and
construction costs, for
Town irrigation
projects
General Fund Free
Cash
Sub-Total $
8 Fire Department
a. Personal Protective
Equipment
Costs for purchase of
personal protective
equipment
Ambulance Receipts
Reserved for
Appropriation
$
b.
c.
Sub-Total $
Grand Total $
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
1. SELECT BOARD
1a.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
1b.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
1c.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
1d.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
2. ELEMENTARY SCHOOL DEPARTMENT
2a.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
2b.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
2c.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
2d.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
3. NAUSET REGIONAL SCHOOL DISTRICT
4a. Capital Plan Projects – The District is seeking funding in the amount of $xxx,xxx which is an
assessment for the capital equipment and facilities budget for the Nauset Schools. This program
was originally approved by means of a Proposition 2 ½ Override question in May of 2005.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
4. NATURAL RESOURCES
4a.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
5. INFORMATION TECHNOLOGY
5a.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
5b.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
5c.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
6. WATER DEPARTMENT
6a. Construction Account – This request represents the annual appropriation for goods,
materials and services to maintain and repair the water system. It also includes water meters
for new services and replacement as required under State regulations. This account is part of
the department’s capital plan and is provided for within the present water rate structure.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
7. DEPARTMENT OF PUBLIC WORKS
7a. Tree Work – Brewster has a number of dead and/or dying trees along roads and among our
public buildings and lands. These trees require the service of outside arborists who assist our
crews in removing hazardous trees.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
7b. Road and Drainage Projects – This request provides funding for the Town’s annual road and
drainage repair fund. This is an all-encompassing account used for road maintenance and to
repair local drainage issues, street sweeping, catch basin cleaning, and disposal of sweepings
and catch basin cleaning.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
7c. Irrigation Projects – This is also an all-encompassing account used for repair, replacement,
and maintenance cost of Town irrigation systems.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
8. FIRE DEPARTMENT
8a. Personal Protective Equipment – The National Fire Protection Association (NFPA) sets
specific standards regarding the number of years (10) a firefighter’s fire suppression ensemble
can remain in service. In order to ensure we follow these standards and provide our staff with
the highest level of protection during emergency incidents, we must systematically purchase
these items on an annual basis.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
8b.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
8c.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
BOND PREMIUM REALLOCATION
ARTICLE NO. 12: To see if the Town will vote to transfer and appropriate $238,349 from bond
sale premiums from the XXXXXXX projects, as authorized at the XX/XX/XXXX Town Meeting
under article X, to the Road Bond Capital Projects Fund.
(Select Board) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
SPECIAL REVENUE FUND/Cable Franchise Fee Account
ARTICLE NO. 13: To see if the Town will vote to appropriate from the Cable Franchise Fee
Special Revenue Fund the sum of two hundred thousand dollars ($200,000), for the purpose of
offsetting costs associated with providing local cable television related purposes, the sum of
including, but not limited to the general public purpose of supporting and promoting public
access to the Brewster cable television system; training in the use of local access equipment
and facilities; access to community, municipal and educational meeting coverage; use and
development of an institutional network and/or municipal information facilities; contracting
with local cable programming services providers and/or any other appropriate cable related
purposes, and including all incidental and related expenses, or to take any other action relative
thereto.
(Select Board) (Majority Vote Required)
COMMENT
Included within each resident’s cable bill is a line item to provide for the costs of local cable
television services. These monies are retained in a special revenue account and are used to
enhance local cable programming for the town’s public, education, and government channels.
These funds will be used to continue these informational and educational services, and may
include, but is not limited to, equipment purchases, contracted services, construction services,
and labor expenses.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
ACCEPTANCE OF GRANTS AND GIFTS
ARTICLE NO. 14: To see if the Town will vote to authorize the Board of Selectmen and
Elementary School Committee to apply for and accept any and all grants or gifts from Federal,
State, and local governments, charitable foundations, private corporations, and individual and
private entities, and to expend those funds for the purposes for which grants are authorized;
and to authorize the Treasurer, in anticipation of grant proceeds to borrow amounts under and
pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling
authority, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
In any given year, Town Boards, Committees and Departments apply for a wide variety of grant
opportunities from Federal, State or private entities. Often these grants are reimbursable
programs, in which the Town must borrow the funds, complete the work, provide
documentation and then file for reimbursement. This annual authorization will provide the
Select Board with the tools to pursue these special opportunities in a timely manner.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
REPAIR AND RESURFACE TOWN ROADS/Chapter 90 Funds
ARTICLE NO. 15: To see if the Town will vote to authorize the Board of Selectmen to apply for
and accept State Grants from the Massachusetts Department of Transportation Highway
Division (Chapter 90), and to expend those funds for the purposes of state approved Chapter 90
projects, services, and purchases; and to authorize the Treasurer, in anticipation of grant
proceeds to borrow amounts under and pursuant to Massachusetts General Laws Chapter 44,
Section 7 or 8, or any other enabling authority, or take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
The Chapter 90 Program was enacted in 1973, by the Commonwealth in order to provide
municipalities with reimbursement for documented expenditures under the provisions of
General Laws, Chapter 90 on approved road projects. The funding, provided from
Transportation Bond Issues, authorizes such improvement projects for highway construction,
preservation and improvement projects that create or extend the life of transportation
facilities. These funds must be used in compliance with all applicable statutes and regulations,
as applicable for maintaining, repairing, improving and constructing Town ways which qualify
under the State Aid Highway guidelines adopted by the Massachusetts Public Works
Commission (MPWC). Funds must be allocated to roadway projects, such as resurfacing and
related work and other work incidental to the above such as preliminary engineering, right-of-
way acquisition, shoulders, side road approaches, landscaping and tree planting, roadside
drainage, structures, sidewalks, traffic control and service facilities, street lighting, and for such
other purposes as the MPWC may specifically authorize. The Town is required to appropriate
these monies as an available fund, and is then reimbursed by the State upon the completion of
the project and payment to the vendor. The anticipated amount of Chapter 90 funds from the
State for FY23 is at least $310,000, consistent with prior year actuals.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
TOWN CODE AMENDMENT TO COMMUNITY PRESERVATION COMMITTEE BYLAW
ARTICLE NO. 16:
(Select Board) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
CAPE COD & ISLANDS WATER PROTECTION FUND (CCIWPF) OPT OUT
ARTICLE NO. 17:
(Select Board) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
ACCEPTANCE OF MGL CH 64G SEC 3D (LOCAL OPTION)
ARTICLE NO. 18:
(Select Board) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
SPECIAL ACT TO ESTABLISH BREWSTER-SPECIFIC CCIWPF EQUIVALENT TO FUND LOCAL
WATER QUALITY INITIATIVES
ARTICLE NO. 19:
(Select Board) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
UTILITY EASEMENT - 361 SLOUGH ROAD
ARTICLE NO. 20:
(Select Board) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
LEASE OF TOWN PROPERTY/Antenna
ARTICLE NO. 21: To see if the Town will vote to transfer from the Board of Water
Commissioners for water department purposes to the Board of Water Commissioners for such
purposes and also to the Board of Selectmen for the purpose of leasing a portion or portions of
the Town-owned property located at 0 Yankee Drive, and to authorize the Town Administrator,
acting under the direction of the Board of Selectmen, to lease said portions, including space on
the water tank located thereon and/or land at the base of or near said water tank, for wireless
communications purposes, including, without limitation, for the construction, installation,
maintenance and replacement of communications antennas, towers, cabinets, cables, and
other appurtenances, and to grant such non-exclusive access and/or utility easements on
portions of said property as may be necessary or convenient to serve the communications
equipment thereon, said leases to be for periods not exceeding twenty (20) years and on such
other terms and conditions as the Town Administrator and Board of Selectmen deem to be in
the best interests of the Town, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
CITIZENS PETITION/Punkhorn Hunting Ban
ARTICLE NO.22 To see if the Town will vote to amend the Town’s General Bylaw by Adding a
new Chapter 98 – Hunting in the Punkhorn Parklands as follows:
§98-1 No person shall discharge any gun, including paint ball guns, fowling piece, pistol, or
firearm or release an arrow from a bow or hunt or trap or poison or set fire to any material
known as fireworks, or other combustible matter, on any and all Town-owned parcels in
southwest Brewster commonly referred to as the Punkhorn Parklands; provided, however, this
section shall not apply to any person abating nuisance or in the exercise of duty required by
law, or to take any other action relative thereto.
(Citizen's Petition) (Majority Vote Required)
COMMENT
The parcels of land commonly referred to as the Punkhorn Parklands constitute a major
conservation area, purchased by the Town to protect it from development and to preserve its
varied environment. Public use of the Punkhorn has increased significantly over the years, with
an even greater increase occurring during the past couple of years of social distancing
necessitated by the COVID pandemic. Every year more and more hikers, dog walkers, cyclists,
horseback riders, bird watchers, and nature lovers make use of the Punkhorn trails and lands,
both residents and visitors alike.
At the May 1989 Annual Election, Brewster voters passed a non-binding public advisory to
express the opinion that all hunting and use of firearms, bows and arrows, air guns and pellet
guns should be prohibited in the Town-owned Punkhorn Parkland. At the May 15, 2021 Special
& Annual Town Meeting, voters passed what we thought was a by-law banning hunting in the
Punkhorn. The Attorney General's Office approved it, but Town Counsel ruled that the
language did not conform to the standards for a by-law, so the petition was "merely advisory."
This time, Town Counsel supplied the appropriate language to make this a binding by-law. We
once again urge you to vote to make this ban official to protect the safety of all who use the
Punkhorn Parklands.
Select Board: Yes 3, No 2, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
CITIZENS PETITION/Punkhorn Hunting Restrictions
ARTICLE NO.23 To see if the Town will vote to amend the Town’s General Bylaw by Adding a
new Chapter 98 – Hunting in the Punkhorn Parklands as follows:
§98-1 No person shall discharge any gun, including paint ball guns, fowling piece, pistol, or
firearm or release an arrow from a bow or hunt or trap or poison or set fire to any material
known as fireworks, or other combustible matter, within the Town-owned land known as the
Punkhorn Parklands; provided, however, this section shall not apply to any person abating
nuisance or in the exercise of duty required by law: provided further that bow hunting only
shall only be permitted during a three-week period beginning on the first Monday in December
of each year, or to take any other action relative thereto.
(Citizen's Petition) (Majority Vote Required)
COMMENT
Select Board: Yes 2, No 3, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
OTHER BUSINESS
ARTICLE NO. 24 To act upon any other business that may legally come before this meeting; or
to take any other action related thereto.
(Select Board) (Majority Vote Required)
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Citizens Petitions on Punkhorn Hunting Restrictions
DATE: February 11, 2022
At the Spring 2022 Annual Town Meeting, Brewster voters approved a citizens petition
seeking to ban hunting on Town property in the Punkhorn. Prior to that deliberation
and vote, Town counsel opined that such a ban could be binding in nature based on
their interpretation of the statute and relevant case law. Town officials worked with the
petitioner to draft the petition to be binding, not advisory in nature. After the warrant
closed, Town counsel raised concerns about the form of the petition as submitted. Just
before Town Meeting, town counsel provided proposed language to make a motion on
the floor to amend the petition which would have made wholesale changes to the
petition as included in the warrant book. This motion was not brought to the
petitioners attention given the late hour in which it was received and concerns about
causing confusion at Town Meeting.
After approval by Town Meeting, the article was submitted by the Town Clerk to the MA
Attorney General for their review. In August, they sought an extension of their review
period and, in October, they ultimately issued their approval of the article as not being
inconsistent with relevant state law. Following this state review and approval, town
counsel opined that the article was not in the appropriate form to be codified as a Town
bylaw. Accordingly, the vote last May was advisory.
When the petitioner was informed of these developments, they were understandably
frustrated and disappointed. I then worked with Town counsel to draft a new petition
in proper form, which is what is now under consideration.
At the same time, another resident expressed interest in submitting a separate citizens
petition seeking to allow hunting in the Punkhorn with certain restrictions. Both
petitions will be included on the May 2022 warrant.
Office of:
Select Board
Town Administrator
KP Law, P.C. | Boston • Hyannis • Lenox • Northampton • Worcester
February 10, 2021 Jonathan M. Silverstein
jsilverstein@k-plaw.com
CONFIDENTIAL - NOT A PUBLIC DOCUMENT
Mr. Peter Lombardi
Town Administrator
Brewster Town Hall
2198 Main Street
Brewster, MA 02631-3701
Re: Punkhorn Parklands Hunting Prohibition Bylaw
Dear Mr. Lombardi:
You have requested an opinion regarding a potential Town Meeting warrant article under
consideration concerning hunting on Punkhorn Parklands (the “Parklands”). Specifically, you have
informed me that ten or more registered voters are considering petitioning an article for the 2021
Annual Town Meeting warrant that would prohibit hunting on the Parklands, and you have requested
an opinion as to the form of such an article whether Town Meeting has the authority to pass an article
to that effect.
It is my understanding that, at the request of several residents, the Conservation Commission
and Department of Natural Resources recently took steps, in consultation with the Select Board, to
expand hunting on the Parklands on a limited basis. A separate group of residents has now requested
that a warrant article to prohibit hunting on the Parklands be presented to the upcoming Town Meeting.
A member of the citizen group seeking to prohibit hunting on the Parklands has suggested the Town
adopt a bylaw similar to that recently approved by the Provincetown Town Meeting.1
As described below, in my opinion, Town Meeting likely has the authority to pass a bylaw
prohibiting hunting on public property, such as the Parkland.
1 At its September 21, 2020 Annual Town Meeting, Provincetown voters approved the following amendments to Chapter
13 of the Provincetown General Bylaws:
No person shall discharge any gun, including paint ball guns, fowling piece, pistol, or firearm or release an
arrow from a bow or hunt or trap or poison or set fire to any material known as fireworks, or other combustible
matter, in any of the public ways, streets or places of the Town, including but not limited to conservation
land or other Town owned property, except for lands under control of the Cape Cod National Seashore and
Clapp’s Pond Property; except on such occasions approved by the Select Board upon public notice; provided,
however, this section shall not apply to any person abating nuisance or in the exercise of duty required by
law.
Mr. Peter Lombardi
Town Administrator
February 10, 2021
Page 2
Legal Background
Town Meeting is the Town’s legislative body, and the Select Board is its chief executive.
Brewster General Bylaws, §§5-2 (Town Meeting is legislative branch) and 5-3 (Select Board serves
executive function); see generally Twomey v. Town of Middleborough, 468 Mass. 260, 263 (2014).
As such, Town Meeting may not exercise executive powers or direct, compel, or control executive
action. See Anderson v. Board of Selectmen of Wrentham, 406 Mass. 508, 512 (1990); Breault v.
Town of Auburn, 303 Mass. 424, 428 (1939). Town Meeting cannot direct or control “one whose
duties have been defined by the Legislature.” Breault, 303 Mass. at 428 (quoting Daddario v. City of
Pittsfield, 301 Mass. 552, 558 (1938)). “More specifically, a town meeting cannot exercise authority
over a board of selectmen when the board is acting in furtherance of a statutory duty.” Twomey, 468
Mass. at 270.
However, as the legislative body, Town Meeting may enact bylaws that direct public officials
to act or refrain from acting in certain circumstances. Under the Home Rule Amendment to the
Massachusetts Constitution, Article 89 of the Articles of Amendment, and the Home Rule Procedures
Act, G.L. c. 43B, §13, municipalities may enact local bylaws on any subject so long as the local
enactment is not inconsistent with the laws or constitution of the Commonwealth. See generally
Bloom v. City of Worcester, 363 Mass. 136 (1973). A local law may be inconsistent with state law if
it is in direct conflict with the state law, or if the Legislature has so occupied a field that local regulation
has been implicitly preempted. See id. at 279-280. However, to be preempted, the conflict in the state
and local law must be “sharp,” and absent a comprehensive statutory scheme regulating a subject,
municipalities “through their by-laws may supplement the statutory provisions so long as their by-
laws are not inconsistent with any State law.” Marshfield Family Skateland, Inc. v. Town of
Marshfield, 389 Mass. 436, 442 (1983) (town may prohibit an activity notwithstanding state statute
allowing local licensing board to issue licenses for that activity).
As relevant to both issues described above, hunting on public property and parklands is
prohibited under G.L. c. 131, §59 unless the public body with custody of the property permits it.
Specifically, said Section 59 provides:
A person shall not hunt, or in any manner molest or destroy, any bird or mammal
within the boundaries of any reservation, park or common, or any land owned or leased
by the commonwealth or any political subdivision thereof, or any land held in trust for
public use; except that the authorities or persons having the control and charge of such
reservations, parks, commons or other lands, may, with such limitations as they deem
advisable, permit the hunting, within said boundaries during the applicable open
season of any birds or mammals. [Emphasis added.]
Mr. Peter Lombardi
Town Administrator
February 10, 2021
Page 3
Analysis
In my opinion Town Meeting likely has the authority to adopt a bylaw, similar to the one
approved by the Provincetown Town Meeting, which prohibits hunting on public ways, conservation
land, or other Town property, because that is a proper legislative action. Although the bylaw approved
at the Provincetown Town Meeting is still under review at the Office of the Attorney General, I note
that similar bylaws have been approved in other communities, such as Norfolk, Canton and Needham.
In fact, in approving similar portions of a bylaw enacted by the Town of Norfolk, the Attorney General
specifically found that a bylaw prohibiting hunting on Town-owned land without the permission of
the Board of Selectmen was consistent with G.L. c. 131, §59.
As observed by the Attorney General, it is my opinion such a bylaw is not inconsistent with
State law and, in fact, the regulation of hunting on public lands is expressly allowed pursuant to G.L.
c. 131, §59. It is, likewise, my opinion that the fact that the property may be held by the Town for
conservation purposes does not alter this conclusion. Though the Conservation Commission has
jurisdiction over conservation lands in the Town, it is my opinion that Town Meeting, through the
passage of a bylaw, may exercise concurrent jurisdiction in this area. See Globe Newspaper Co. v.
Beacon Hill Architectural Commission, 421 Mass. 570 (1996) (recognizing that different departments
in same municipality may have jurisdiction over related subject-matter). Therefore, in my opinion,
that Town Meeting likely has the authority to enact a bylaw prohibiting hunting on Town-owned land,
including the Parklands.
I will inform you as soon as the Attorney General’s Office approves or disapproves the
Provincetown Bylaw. If that bylaw is disapproved, the Town could consider a home rule petition for
special legislation to authorize adoption of the bylaw.
If you have any additional questions concerning these issues, please do not hesitate to contact
me.
JMS/MVS/man
750276/BREW/0001
Very truly yours,
Jonathan M. Silverstein
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608
(508) 792-7600
(508) 795-1991 fax
www.mass.gov/ago
October 17, 2021
Colette M. Williams, Town Clerk
Town of Brewster
2198 Main Street
Brewster, MA 02631
Re: Brewster Annual Town Meeting of May 15, 2021 -- Case # 10110
Warrant Articles # 23 and 25 (General)
Dear Ms. Williams:
Article 25 - Under Article 25 the Town voted to prohibit the discharge of firearms and
hunting on certain town-owned land. We approve Article 25 because it is consistent with G.L. c.
131, § 59 that prohibits hunting on “any land owned or leased by the commonwealth or any
political subdivision thereof” unless “the authorities or persons having the control and charge of
such reservations, parks, commons or other lands” specifically authorizes hunting on such land
during the applicable open season. G.L. c. 131, § 59.
In this decision, we summarize the by-law amendment adopted under Article 25 and the
Attorney General’s standard of review of town by-laws, and then explain why, based on our
standard of review, we approve Article 25. 1
I. Summary of Article 25
Under Article 25 the Town voted, in relevant part, as follows:
To see if the Town will vote to prohibit in the Punkhorn Parklands (see map and
FY2021 Punkhorn Parklands Parcels, number 1-108, below): the discharge of
firearms or hunting. No person shall discharge any gun, including paint ball guns,
fowling piece, pistol, or firearm or release an arrow from a bow or hunt or trap or
poison in the area of town-owned parcels in southwest Brewster, typically
referred to as the Punkhorn. This petition will not affect municipal use as
outlined in the “Wildland Fire Protection and Preparedness Plan for the Punkhorn
1 In a decision issued August 6, 2021, we approved Article 23 and by agreement with Town Counsel extended our
deadline for review of Article 25 for an additional 60-days until October 17, 2021.
2
Parklands” or the Town’s use of sharp shooters for hire to control nuisance or
injured wildlife [ ]. 2
II. Attorney General’s Standard of Review
Pursuant to G.L. c. 40, § 32, the Attorney General has a “limited power of disapproval,”
and “[i]t is fundamental that every presumption is to be made in favor of the validity of
municipal by-laws.” Amherst v. Attorney General, 398 Mass. 793, 795-96 (1986). The Attorney
General does not review the policy arguments for or against the enactment. Id. at 798-99
(“Neither we nor the Attorney General may comment on the wisdom of the town’s by-law.”)
Rather, in order to disapprove a by-law (or any portion thereof), the Attorney General must cite
an inconsistency between the by-law and the Constitution or laws of the Commonwealth. Id. at
796. “As a general proposition the cases dealing with the repugnancy or inconsistency of local
regulations with State statutes have given considerable latitude to municipalities, requiring a
sharp conflict between the local and State provisions before the local regulation has been held
invalid.” Bloom v. Worcester, 363 Mass. 136, 154 (1973) (emphasis added).
In order for a court (or this Office) to find that a town is preempted from regulating an
activity, “[t]he legislative intent to preclude local action must be clear.” Bloom, 363 Mass. at
155. This legislative intent can be either express or implied. “In other words, local action is
precluded either where the Legislature has made an explicit indication of its intention in this
respect, or the purpose of State legislation would be frustrated [by a local enactment] so as to
warrant an inference that the Legislature intended to preempt the field.” St. George Greek
Orthodox Cathedral v. Springfield, 462 Mass. 120, 126 (2012) (internal quotations and citation
omitted). The “comprehensive nature” of a statute can indicate the “the Legislature intended to
preempt local entities from enacting legislation in [an] area” covered by the statute. Boston Gas
Co. v. Somerville, 420 Mass. 702, 704 (1995).
III. The Town May Regulate the Discharge of Firearms Within Its Borders.
Because Article 25 relates to both the discharge of firearms and hunting it is important to
distinguish between the two. As further explained below, the activity of hunting is
comprehensively regulated throughout the Commonwealth and thus municipalities are
preempted from imposing restrictions on hunting that differ from Chapter 131 and other
applicable statutes. However, the Town is allowed to regulate the discharge of firearms within its
borders. See Brown v. Carlisle, 336 Mass. 147, 150-151 (1957) (upholding a firearm discharge
by-law because “[t]he enumeration of [Chapter 131 and other] statutes demonstrates that the
State has not excluded the type of legislation here undertaken by the defendant town…We are
not confronted with an attempt to regulate hunting….”) (emphasis supplied); See also Amherst,
2 Neither the “Wildland Fire Protection and Preparedness Plan for the Punkhorn Parklands,” nor any Town policies
or regulations regarding “the Town’s use of sharp shooters for hire to control nuisance or injured wildlife” have
been filed with this Office and we have no jurisdiction to review or opine on this Plan or policies. Therefore, in
issuing this decision on our review of the Town’s by-law, we take no position on the legality of the Plan or any such
policies or regulations.
3
398 Mass. at 797-798 (rejecting argument that Amherst’s firearm discharge by-law is preempted
by Chapter 131 because “the Amherst by-law in no way frustrates those sections” of Chapter 131
which “concern the safe use of certain firearms.”). On this basis, we approve the text in Article
25 that prohibits the discharge of firearms.
IV. Towns Cannot Regulate Hunting Except as Provided in Chapter 131
In contrast to the discharge of firearms, the activity of hunting is comprehensively
regulated by General Laws Chapter 131 and related statutes and regulations that preempt the
field. Chapter 131 imposes “carefully guarded conditions by which one may hunt in the
Commonwealth safely, provisions by which one is licensed, and provisions designed to preserve
and maintain the wildlife and natural resources of the Commonwealth.” Amherst, 398 Mass. at
797. Chapter 131 grants the Director of the Department of Fish and Game/Division of Fisheries
and Wildlife (DFW Director) wide-ranging authority over hunting in the Commonwealth (see
generally G.L. c. 131, § 4, and 321 CMR 3.01 et seq.), and further grants the DFW authority to
adopt comprehensive regulations governing hunting, which are embodied in 321 CMR 3.00 et
seq. Pursuant to G.L. c. 131, § 5, “Except as provided in rules and regulations made under
authority of this section, and except as otherwise provided in [Chapter 131], a person shall not
fish, hunt, …”.
Chapter 131 does not expressly preempt local regulation of hunting. However, the broad
scope of Chapter 131, and the extensive powers granted to the DFW Director to regulate hunting,
indicate a legislative intent that Chapter 131 occupies the field of hunting regulation. Towns are
thus preempted from local regulation of hunting except as expressly provided in Chapter 131.
See Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (2005) (town by-law imposing fines
for failure to remove utility poles preempted by the comprehensive, uniform state regulation of
utilities in G.L. c. 164); Wendell v. Attorney General, 394 Mass. 518 (1985) (town by-law
regulating the use of pesticides in town frustrates the statutory purpose of centralized regulation
of pesticide use).
Because of the Legislature’s comprehensive grant of authority to the DFW to be the
exclusive, state-wide regulator of hunting in the Commonwealth, towns are preempted from
imposing by-law requirements which are inconsistent with G.L. c. 131 and related statutes and
regulations. Thus, towns may only impose their local hunting requirements in those two
categories expressly provided in Chapter 131: municipally owned lands (see G.L. c. 131, § 59);
and Great Ponds not exceeding 500 acres in size (see G.L. c. 131, § 45).
V. Article 25 Is Consistent with General Laws Chapter 131, § 59 that Prohibits
Hunting on Town-Owned Land Unless the Town Allows It.
We approve Article 25 because it is consistent with the statutory prohibition of hunting
on town-owned land without town authorization. General Laws Chapter 131, Section 59 provides
that a person shall not hunt on “any land owned or leased by the commonwealth or any political
subdivision thereof” except that the persons having control and charge of such lands may “permit
4
the hunting, within said boundaries during the applicable open season of any birds or mammals.”
Specifically, Section 59 provides as follows (with emphasis added):
A person shall not hunt, or in any manner molest or destroy, any bird or mammal within
the boundaries of any reservation, park or common, or any land owned or leased by the
commonwealth or any political subdivision thereof, or any land held in trust for public
use; except that the authorities or persons having the control and charge of such
reservations, parks, commons or other lands, may, with such limitations as they deem
advisable, permit the hunting, within said boundaries during the applicable open season
of any birds or mammals. The authorities or persons having the control and charge of
such reservations, parks, commons or land owned or leased or held for public use, the
director of law enforcement, his deputy directors of enforcement, chiefs of enforcement,
deputy chiefs of enforcement, environmental police officers, deputy environmental police
officers, wardens and members of the state police in areas over which they have
jurisdiction and all officers qualified to serve criminal process shall enforce this section.
This section shall not apply to state forests acquired under section thirty or section thirty-
three of chapter one hundred and thirty-two or any other provision of law, or to state
parks and reservations under the control of the division of forests and parks of the
department of environmental management. Nothing in this section shall be deemed to
prohibit any agency of the commonwealth or any political subdivision of the
commonwealth from permitting the hunting, during the applicable open season, in any
area owned or leased by it, of any bird or mammal, or from entering into agreements with
the director for the establishment of wildlife management areas.
Chapter 131 authorizes towns to determine whether to allow hunting on town-owned property.
Because the parcels listed in Article 25 are town-owned, we approve Article 25 as consistent
with Chapter 131.
VI. Article 25 Must be Applied Consistent with General Laws Chapter 131, § 45
that Requires Great Ponds to Be Accessible for Hunting.
General Laws Chapter 131, Section 45 requires that a Great Pond “shall be public for the
purpose of hunting or boating thereon.” Further, G.L. c. 131, § 45 provides that “[a]ll persons
shall be allowed reasonable means of access to such ponds for the purposes aforesaid,” which
includes hunting.
Specifically, G.L. c. 131, § 45, provides in relevant part as follows:
Except as otherwise provided in this section and elsewhere in this chapter, every great
pond not actively being used as a source of water supply of any town, water supply or fire
district or public institution, and not subject to the provisions of section one hundred and
sixty of chapter one hundred and eleven, shall be public for the purpose of hunting or
boating thereon and shall, notwithstanding the provisions of any special law relating to
fisheries in any particular place, be open to all inhabitants of the commonwealth for
fishing purposes; provided that any city or town in which the whole or any portion of any
great pond not exceeding five hundred acres in extent is situated may, as to so much
thereof, as is located within its boundaries, make and enforce rules and regulations
relative to hunting, fishing and boating thereon….Any such rules or regulations shall, to
the extent that they authorize hunting or fishing or, both, be subject to the approval of the
director, and to the extent that they authorize any other use thereof, be subject to the
5
approval of the commissioner of environmental protection or to the extent that they
impose restrictions upon the speed limit, a limitation on engine horsepower, a prohibition
of the use of internal combustion engines, a ban on water skiing and other high speed
uses, and a limitation of such uses to certain areas and certain times, be subject to the
approval of the director of law enforcement. All persons shall be allowed reasonable
means of access to such ponds for the purposes aforesaid.
General Laws Chapter 131, Section 45 defines a “Great Pond” as: “a natural pond the
area of which is twenty acres or more.” According to the Massachusetts Department of
Environmental Protection, there are several Great Ponds located in Brewster. See
https://www.mass.gov/doc/massachusetts-great-ponds-list/download. Moreover, it appears that
some of these Great Ponds are located in or near the Punkhorns, including Seymour Pond, Upper
Mill Pond and Walkers Pond. See Northern Punkhorn Trail Map available on the Town’s
website (https://brewster-ma.gov/files/Punkhorn_North_Section_Trail_Map.pdf).3 While it does
not appear that any of these Great Ponds are part of the 108 parcels identified by map and parcel
number in Article 25, the Town must ensure that Article 25 is applied consistent with G.L. c.
131, § 45. Thus, the Town cannot apply Article 25’s hunting prohibition to any Great Pond
located in the Punkhorns.4 Further, because it appears that certain of the listed parcels may abut
Great Ponds, the Town cannot apply the by-law in such a way as to impede access to Great
Ponds for the statutorily protected activities of hunting, fishing, and boating, as established by
G.L. c. 131, § 45. The Town should consult with Town Counsel with any questions on this issue.
VII. Conclusion
Because the by-law adopted under Article 25 is consistent with G.L. c. 131, § 59, we
approve it. However, the Town is not authorized to prohibit hunting on Great Ponds and the by-
law cannot apply to any Great Ponds in the Town, except as specifically outlined in G.L. c. 131,
§ 45.
Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town
has first satisfied the posting/publishing requirements of that statute. Once this statutory
duty is fulfilled, (1) general by-laws and amendments take effect on the date these posting
and publishing requirements are satisfied unless a later effective date is prescribed in the
by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the
date they were approved by the Town Meeting, unless a later effective date is prescribed in
the by-law.
3 See also DEP Great Pond Information as follows: (1) Walkers Pond: https://www.mass.gov/doc/walkers-
pond/download (2) Seymour Pond: https://www.mass.gov/doc/dfwseymopdf/download; and (3) Upper Mill Pond:
https://www.mass.gov/doc/dfwwalkupdf/download .
4 We note that G.L. c. 131, § 45 grants to certain categories of cities and town the right to make rules and
regulations regarding hunting on great ponds not exceeding five hundred acres, but it requires that such rules and
regulations be approved by the Director. See Pearson v. Plymouth, 44 Mass. App. Ct. 741, 744 (1998) (“All such
[great pond] rules and regulations are subject to the approvals of various State administrative agencies having
special competence and responsibility in the particular subject, e.g., …rules and regulations authorizing hun ting and
fishing are subject to the approval of the director of fisheries and wildlife.”)
6
Very truly yours,
MAURA HEALEY
ATTORNEY GENERAL
Margaret J. Hurley
by: Margaret J. Hurley, Assistant Attorney General
Chief, Central Massachusetts Division
Director, Municipal Law Unit
Ten Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792-7600 x 4402
cc: Town Counsel Jonathan Silverstein
Nauset Regional Assessments
Town Assessment %Variance Assessment % Total Assessment
Brewster 48.16670%12,188,914.82 47.40740%12,709,731.94
Eastham 19.83330%5,018,953.02 19.58850%5,251,597.52
Orleans 19.08330%4,829,160.36 21.07000%5,648,781.67
Wellfleet 12.91670%3,268,659.80 11.93420%3,199,510.69
1 25,305,688.00 100.00010%26,809,621.81
Total Assesment 25,305,688.00 26,809,595.00
1.059429603
FY 22 FY 23 @ 5.9%
Variance Assessment % Total Assessment Variance from FY22 Savings
520,817.12 47.40740%12,296,687.95 107,773.13 413,043.99
232,644.50 19.58850%5,080,929.81 61,976.79 170,667.71
819,621.31 21.07000%5,465,206.17 636,045.82 183,575.49
(69,149.12)11.93420%3,095,532.20 (173,127.60)103,978.48
1,503,933.81 100.00010%25,938,356.14 632,668.14 871,265.67
25,938,330.20
1.025
FY 23 at 2.5% increase (if assessments only rose 2.5%)
OPERATING EXPENSE ONLY % increase
FY22 Actual (OpX + Revolving Funds)34,474,602$
FY23 Proposed (OpX + Revolving Funds)36,464,667$ 5.8%
FY23 if 2.5% increase 35,336,467$ 2.5%
Savings v. Proposed - District Total 1,128,200$
Brewster Orleans Eastham Wellfleet
FY23 Assessment %47.41%21.07%19.59%11.93%
Savings 534,850$ 237,712$ 220,997$ 134,642$
Savings on FY23 Assessment if OpX increase capped at 2.5%
NAUSET REGIONAL SCHOOL DISTRICT - SAVINGS WITH 2.5% OpX BUDGET CAP
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Update on Water Quality Project Funding Options and Discussion of Next
Steps Relative to Brewster’s Continued Participation in Cape Cod & Islands
Water Protection Fund (CCIWPF)
DATE: February 25, 2022
Following the joint meeting with the Select Board and Board of Health on January 27
where Mark Nelson from Horsley Witten provided an update on the Town’s water
quality initiatives and financing options, I met with our legislative delegation on
February 15 at the direction of the Select Board.
To recap, Brewster visitors have contributed over $2.6M to the CCIWPF to date – about
$1M/year via a 2.75% tax on all lodging. We have not yet received any funding back.
At the same time, we have had to appropriate Brewster taxpayer funds (Free Cash) to
pay for several water quality initiatives. Per MA Department of Environmental
Protection feedback on our anticipated projects (see attached), we only expect to
secure about $4M from the CCIWPF toward our $30+M in water quality-related, long-
term capital needs.
Our delegation’s collective feedback was as follows:
- They will not support a Special Act to direct 2.75% (or any other amount) of
lodging revenues to a Brewster-specific Water Protection Fund – essentially
mirroring the CCIWPF on the local, instead of regional, level.
- They suggested we consider adoption of the 3% community impact for short-
term rentals. As previously discussed, this local option (MGL Ch 64G Sec 3D)
requires a simple majority vote of Town Meeting to adopt. The way the statute
is structured, this fee may be imposed on either only professionally managed
short-term rentals or on all short-term rentals. This fee is administered and
collected by the MA Department of Revenue, just like the CCIWPF.
Office of:
Select Board
Town Administrator
Brewster contributes about $1M/year to the CCIWPF. Our traditional lodging &
short-term rental revenues (6% tax on each) total approximately $2.3M, about
$1.1M from short-term rentals alone. Accordingly, we anticipate collecting at
least $500k/year in new revenues if we were to adopt the 3% community impact
fee on all short-term rentals, at least 35% of which must be spent on “affordable
housing or local infrastructure projects”. Town counsel has opined that all of our
proposed upcoming water quality projects would fit within the definition of “local
infrastructure”. The local option could take effect as early as July 1, 2022.
Practically speaking, we would also need to bring an article to Town Meeting
seeking to create a new Water Quality Stabilization Fund to which at least 35%,
and potentially 100% (especially since we are already directing 50% of current
short-term rental revenues to the Affordable Housing Trust), of these new
revenues would be directed. Appropriation from this stabilization fund would
require a 2/3 majority vote of Town Meeting.
- They expressed support to work with Brewster in the coming months to try to
expand our eligibility for State Revolving Fund (SRF) & CCIWPF financing for our
projects by coordinating a meeting with relevant MA Department of
Environmental Protection and Clean Water Trust officials to explore current state
regulations that impact use of these fund sources for innovative/alternative
systems on private property. They recognize that this is, or likely will be, a
regional issue, not entirely unique to Brewster. Depending on the outcome of
this meeting with state officials, they also offered to assist in revisiting current
CCIWPF regulations and by-laws to see whether potential changes could be
made to those that would expand eligible uses to more closely align with our
planned projects, especially those related to innovative/alternative septic
systems.
As a reminder, MGL Ch 29C Sec 19 requires a 2/3 majority vote of Town Meeting to opt
out of the CCIWPF. Members who opt out can, by vote of Town Meeting, opt back in
but would not be eligible for funding until Year 3 of their return.
It would take several months to work through these potential solutions – certainly well
after the deadline for this Spring’s Town Meeting warrant. However, given the
significant long-term financial implications of this decision and that state
involvement/oversight of pond water quality may evolve over time, I recommend we
partner with our legislative delegation to clearly and definitively identify the extent to
which we will be able to access SRF and CCIWPF to finance a greater share of our
planned water quality initiatives.
It is important to note that we do not have any major planned water quality initiatives
on our 5-year Capital Improvement Plan in FY23. We currently plan to use $175k in
Free Cash for water quality consulting services and initiatives next year. It is also worth
noting that the attached Short-Term Rental Revenue Allocation Policy supports directing
at least 25% of these existing revenues to Capital Stabilization. For FY23, we have
proposed directing $300k (or 40%) of these funds to Capital Stabilization. If approved
at that amount, the Capital Stabilization fund balance would be $1.025M. We could
create a new Water Quality Stabilization fund at Town Meeting this spring and direct
15% ($112,500) of these existing STR revenues to that new fund for FY23 to help
cover most of our planned water quality projects next year. If we were to take that
approach, our contribution to the general Capital Stabilization fund in the FY23
operating budget would proportionately decrease to $187,500.
Town of Brewster Financial Policies
SHORT-TERM RENTAL REVENUES
PURPOSE
To help the Town allocate this significant new funding source in a manner that it is fiscally prudent,
financially sustainable, and consistent with the Town’s strategic policies, programs, services, and
assets. Avoiding reliance on this funding source as a key element in developing or balancing the
Town’s annual operating budget is a prudent practice. Investment of these funds in building capital
reserves and creating a reliable, dedicating funding stream to support the Town’s affordable housing
initiatives creates substantial investment in areas that are otherwise challenging to fund given
budgetary constraints and other pressing operational and capital needs. This policy is consistent with
the Town’s Financial Reserves policy regarding our commitment to building our capacity to fund
major capital projects by growing our Capital Stabilization fund.
APPLICABILITY
This policy pertains to the annual operating and capital decision-making duties of the Select Board,
Town Administrator, Finance Committee, and Affordable Housing Trust. It also applies to the related
job duties of the Finance Director and Treasurer Collector.
POLICY
A. Revenues
The Town has been particularly conservative in estimating short-term rental revenues since their
inception for the following reasons:
Imposition and collection of this surcharge is still relatively new (FY20);
Specific short-term rental revenue data from MA Department of Revenue is new (FY21);
Town does not regulate short-term rentals, leading to uncertainty regarding our local
revenue collection rates;
Entire lodging industry has been impacted by the pandemic.
The Town is committed to continuing to conservatively project anticipated short-term rental
revenues, but plans to more closely align our budget to actual figures over the next several years as
we have access to more and better data. During this transition period, the Town’s certified Free Cash
totals may be higher than historical actuals due to our conservative practices in this area. Even after
this initial transition period, the Town will continue to be conservative in our short-term rental
revenue estimates since this industry can be significantly impacted by external market and economic
factors outside of the Town’s control and it is not currently regulated at the local level.
B. Expenditures
The Town is committed to establishing a permanent funding mechanism to support the Affordable
Housing Trust and to investing in building its capital reserves. As such, the Town will allocate future
fiscal year short-term rental revenues according to the following guidelines:
50% to the Affordable Housing Trust;
25+% to Capital Stabilization, until and unless that reserve fund balance totals 10% of the
Town’s total General Fund annual operating budget amount, consistent with our Financial
Reserves policy;
Priority one-time capital projects/acquisitions, including those related to wastewater and
water quality;
No more than 10% to other targeted investments in our operating budget that advance goals
identified in the Select Board’s Strategic Plan, preferably those that relate to the revenue
source.
Appropriations for such purposes shall be included in the Town’s annual operating budget such that
our recommended expenditures in a given fiscal year align with projected short-term rental revenues
for that year. During the transition period where projected short-term rental revenues may lag
behind actuals, the Town may consider Free Cash appropriations consistent with these expenditure
guidelines.
EFFECTIVE DATE
This policy was adopted on May 3, 2021.
EFFECTIVE DATE
This policy was adopted on May 3, 2021.
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482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
Andrew Gottlieb
Executive Director
BOARD OF DIRECTORS
Eliza McClennen
President
Steven Koppel
Vice President
Bob Ciolek
Treasurer
Jack Looney
Clerk
John Cumbler
Margo Fenn
Joshua Goldberg
DeeDee Holt
Thomas Huettner
Pat Hughes
Elysse Magnotto-Cleary
Blue Magruder
Stephen Mealy
Wendy Northcross
Kris Ramsay
Robert Summersgill
Charles Sumner
Taryn Wilson
February 15, 2022
Ms. Cynthia Bingham, Chair
Brewster Select Board
Brewster Town Hall
2198 Main St.
Brewster, MA 02631
Dear Ms. Bingham:
We are writing as Brewster residents and members of the Board of Directors of the
Association to Preserve Cape Cod. On behalf of the entire APCC Board, we are writing to
express our collective concern about the recently discussed withdrawal of the Town of
Brewster from the Cape and Islands Water Protection Fund. Simply put, we view this
discussion as not in the best interests of the region or the taxpayers of the Town of
Brewster. It is our goal to redirect the conversation to how best to maximize Brewster’s
utilization of this remarkably useful and beneficial tool.
The Fund was born of a recognition that the entire Cape has a water quality problem that
demanded a regional approach to be cost effectively resolved. It was not until the idea
underpinning the Fund came to the fore and connected all the 15 municipal dots into a
complete picture that the Legislature saw fit to act. The Fund has allocated over $71 million
to eight Cape towns in just its first year of making awards and has regulations committing to
a 50% subsidy of future projects under $1 million and 25% for future projects over $1
million. The Fund is, by any objective measure, a success, and it provides a framework in
which all Cape towns can proceed individually and collectively to address water quality
issues. Financing of the Fund is through a surcharge on short-term rentals, not from
Brewster taxpayers. If Brewster were to withdraw from the Fund, the surcharge would be
eliminated, requiring Brewster property taxpayers to assume the full costs of addressing the
Town’s water quality issues.
As we understand it, your concerns seem focused on SRF limitations possibly restricting the
funds available to the Town. Having reviewed the package of information presented to the
Select Board, we see few, if any, SRF limitations that would impede the Town from
optimizing access to Fund subsidy. The DEP letter discussing eligibility provided a clear path
to enabling most, if not all, of the Town’s projects to be considered SRF eligible. While the
non-conventional aspect of some of the management strategies pose some need to
customize projects to meet SRF criteria, such an effort should not be dismissed.
APCC has resources and expertise to offer the Town to explore these questions and the
Cape Cod Commission similarly has technical assistance resources that can be deployed to
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Brewster to assist. Rather than assume these minor challenges cannot be addressed and to use that
conclusion as the basis of an exit strategy, we recommend that an alternative path be taken. Together,
let us commit to developing a strategy that seeks to maximize utilization of the resources that already
reside within the Fund rather than turn away from the funds it has to offer and walk down a path that is
almost certain to face significant legislative challenges.
Brewster has a well-established history of creative problem solving. We hope you will work with us to
make the Fund work for Brewster before abandoning one of the most effective and transformative
financing methods ever made available to Cape towns.
We look forward to constructively engaging with the Town to develop a plan that optimizes the financial
resources available to Brewster. We would request a meeting with your Select Board before any
decisions are made to seek withdrawal from the Fund and await your guidance on the best way to
proceed.
Thank you for your consideration.
On Behalf of the APCC Board,
Eliza McClennen
Charles Sumner
Pat Hughes
Steven Koppel
Kris Ramsay
cc: Brewster Select Board
Peter Lombardi, Town Administrator
Senator Julian Cyr
Representative Sarah Peake
Representative Tim Whalen
Archive d: Friday, February 25, 2022 2:50:47 PM
From: Susan Bridges
Se nt: Fri, 18 Feb 2022 22:22:08
To: Peter Lombardi
Cc: Cynthia Bingham; Amy von Hone; Chris Miller; Board of Directors
Subje ct: Water Resource Management
Se ns itivity: Normal
Peter Lombardi
Town Administrator
Brewster Town Hall
2198 Main Street
Brewster, MA 02631
Dear Peter (with Cindy, Amy and Chris on copy),
Thank you s o much for joining us yesterday in the planning of the Brews ter Ponds Summit (BPS) to be held this spring. The Pond Summ it will be a
great learning opportunity for all of us and could help s et the s tage for next s teps in improving things for Brewster’s groundwater and ponds . W e look
forward to partnering with the town on this event! (An updated draft outline will be forthcoming soon.)
W e also want to thank you for organizing the January 27, 2022 joint BOS/BOH presentation by Mark Nelson updating progress on the town’s Integrated
W ater Res ources Management Plan (IW RMP.) This was a valuable way to bring everyone up to date on what has been ac c omplished and som e of
the projects still underway.
The BPC supports your efforts to explore all funding alternatives for water protec tion measures, including considering the amount of m oney that can
be accessed, the likelihood of obtaining funds and the flexibility to us e funds for the types of water protection meas ures that m ay be needed. W e
agree it m akes sense to explore the possibility of legis lative changes to allow Brewster to establish its own funding m ec hanism . Als o, before m aking a
decis ion about C&IW PF participation, we urge you and the Selec t Board to engage the Cape Cod Commission and others to s eek out every funding
opportunity pos sible for these important projects. The Cape Cod Com mis s ion’s Technical Support staff, Brian Baum gaertel and George Heufelder at
MASSTC, Zee Crocker at The Barnstable Clean W ater Coalition, Andrew Gottlieb, and others who are now testing and putting IA s ystem s and s ewers
in the ground, could provide valuable guidance re: SRF and C&IW PF funding. Our sense is that while the MA DEP prefers funding c ons ervative
solutions like c entral sewers, the creation of a res pons ible managem ent entity (RME) involving the Town of Brews ter could go a long way toward
res olving their questions of monitoring the effectiveness of IA sys tems and achieving funding.
The Cape & Is land W ater Protection Fund regulations s pec ific ally state: “These projects include, but are not limited to, the use of innovative
strategies and alternative septic system technologies, the com pletion and update of water quality and wastewater m anagement plans , the
construc tion of sewer collection systems and was tewater treatm ent plants, and the implementation of drainage improvem ents and water treatm ent
program s to im prove water quality in freshwater ponds and marine res ources. “
The Board of the BPC asks to be fully engaged with the town in pond and water quality planning going forward. W e have a knowledgeable Board and a
tremendous base of experienced and dedicated volunteers, som e of whom are semi-retired environmental engineers, scientists and m ore. Last
sum mer’s Citiz ens Science Team counted more than 50 volunteers who worked closely with the Brewster Board of Health on c yanobacteria
m onitoring. Another team of volunteers is researching bioremediation as an alternative to alum. There’s a lot to be done in Brewster on groundwater
and pond protec tion and remediation and we can bring a lot to this partnership!
Best, Susan Bridges, President
PS: Pleas e s ee these video links below for valuable bac kground information:
Re sponsible Manage ment Entities (RME’s) - https://www.youtube.com/watch?v=lzjvmJwaiHA
A s hort 10 m inute video from Patty Daley, CCC Legal and Polic y Specialis t, 508-744-1212, pdaley@capecodcomm ission.org
Adv ance s in (Innov ativ e/Alte rnative ) IA septic syste ms - https://vime o.com/607654098
A 1-hr video presentation by the NEW EA (New England W ater Environment As s ociation.)
Inc ludes dis c us sions by Brian Baumgaetel Direc tor of MASSTC (The Mas s ac husetts Alternative Septic System Tes t Center,) Scott Hors ley - with
som e c omm ents about establishing RME’s and his work with the Town Of W ellfleet.
Barnstable Cle an Wate r Coalition - https://bcle anwate r.org/re sources/bcwc-video-library/v ide o-library-se ptic-syste ms/
Videos on their latest installation of IA systems near Shubael Pond.
Zee Crocker - Executive Director, 508-420-0780
MEMORANDUM
To: Ryan Bennett, Town Planner
Chris Miller, Natural Resource Director
From: Mark Nelson
Date: July 29, 2021
Re: Evaluation of the Cape Cod and Islands Water Protection Fund Support
And its Benefits to the Town of Brewster
Introduction
The Horsley Witten Group, Inc. (HW) evaluated potential opportunities for the Town of Brewster to
receive funding for water quality improvement projects under the recently created Cape Cod and Islands
Water Protection Fund (CCIWPF). The goals were to consider the funding potential for current projects
needed to implement the Town’s Integrated Water Resource Management Plan (IWRMP) and to
improve water quality in the numerous freshwater ponds in Brewster. HW evaluated the eligibility for
funding through the CCIWPF which is based on the approval of projects at the state level through the
Massachusetts Clean Water Trust. A review of anticipated projects was also conducted to evaluate the
potential for SRF funding which would then make them eligible for CCIWPF funding. Details are
provided below, including a list of questions to ask of the Clean Water Trust to clarify the Town’s funding
potential under the SRF and the CCIWPF.
Eligibility for Funding
To receive funds through the CCIWPF, a Town must apply for and be granted state revolving loan (SRF)
funding from the MA Clean Water Trust. If the Trust approves a project, it is then eligible for funding
from the CCIWPF which is used to repay the SRF loan.
• For a project to be eligible for SRF funding, the Trust requires prior approval of a comprehensive
wastewater management plan, IWRMP, targeted watershed plan or project specific plan. SRF
funds can be obtained for planning projects, such as for the design and permitting of a
neighborhood wastewater treatment plant. If planning funds are awarded, they can be used to
create a project specific plan which, if approved, can then be used to request SRF funding for a
construction project.
• Cape Cod Commission CWA Section 208 approval is also required for a project to be eligible for
SRF funding. The Commission has not reviewed Brewster’s IWRMP. However, they will review
individual project plans for Section 208 compliance and have done this for other towns.
Ryan Bennett and Chris Miller
July 29, 2021
Page 2 of 4
Proposed project(s) must be submitted to the Clean Water Trust for inclusion on the annual Intended
Use Plan. If a project is included on the plan, it is then eligible for SRF funding.
• Not all projects that request SRF funding are selected to be on the Intended Use Plan. 310 CMR
44.00 provides the criteria used to rank proposed projects.
• In 2021, the Clean Water Trust funded 75% of the projects that applied for funding, providing
$575,000,000 of the $977,000,000 that was requested. The projects are ranked on their ability
to resolve current water quality issues for drinking water, freshwater ponds, and coastal waters.
• To be eligible, Town funding to support the project must be secured no later than October of
the year when funds are awarded.
Funding from the Clean Water Trust
Funding is provided as a 20-year loan with a maximum interest rate of 2%. Some projects can qualify for
a lower interest rate as well. Projects that demonstrate that their implementation will not result in
increased development in the area where the project takes place can qualify for a 0% interest rate.
Funding from the CCIWPF
The CCIWPF provides separate funds, as grants to the Towns that participate in the program. The funds
are provided only for projects approved under the state’s Intended Use Plan. Each year the grants are
provided based on the funds available and the number of projects eligible for funding. This data is used
to select a subsidy percentage for each project. For the first round of funding through the CCIWPF,
awards for projects on the Intended Use Plan were provided at a rate of 25% of the project cost. Small
projects, below $1,000,000, are eligible for twice the percentage awarded to other projects.
Awards for all projects are paid out in equal installments over 4 years after award.
Proposed Projects in Brewster and Potential for SRF and CCIWPF Support
HW considered the currently proposed projects under the IWRMP to evaluate their eligibility for
receiving CCIWPF money and to estimate the expected amount of reimbursement that may be secured.
Details are provided below.
WWTP Planning, Design and Permitting. SRF funding for the planning and design of a neighborhood
treatment facility to meet the Pleasant Bay TMDL and accommodate future buildout could be
requested. This could also include the design of a septic upgrade for Captains Golf Course.
Cost: $400,000 - $450,000
SRF Funding Eligibility Possible
CCIWPF Eligibility Possible – At about 50% (double the standard percentage given the cost
is below $1,000,000).
Development of a Pilot Program for Septic Upgrades Near Freshwater Ponds. The project would select
1-3 different I/A systems that treat for phosphorus and design and install them on six properties within
300 feet of a pond. Phosphorus and nitrogen testing of the effluent would be conducted for 1-2 years to
document their performance. Based on the results, a draft health regulation for ponds may be updated
Ryan Bennett and Chris Miller
July 29, 2021
Page 3 of 4
to require upgrades for systems within 300 feet upgradient and 100 feet downgradient of freshwater
ponds. This could potentially be funded as a planning project. If the Clean Water Trust considers this a
construction project, the types of I/A systems used may impact how the Trust ranks the project on the
Intended Use Plan.
Cost: $300,000 - $350,000
SRF Funding Eligibility Possible if this is considered a planning project – need to confirm.
CCIWPF Eligibility Possible – At about 50% (double the standard percentage given the cost
is below $1,000,000).
Construction of a Neighborhood WWTP. The construction of a neighborhood treatment facility to
reduce nitrogen loading in the Pleasant Bay watershed to meet the TMDL goals for existing development
and from future buildout could be required, with the size of the facility based on the results of the
ongoing Captains Golf Course study. It would include the building of the collection, treatment, and
disposal facilities. Costs for any land acquisition or easements could potentially be included. This is
eligible for SRF funding, and the selection of the project would depend on how it ranks relative to other
projects when submitted. Achieving compliance with the Pleasant Bay TMDL would likely increase the
project’s ranking.
Cost: $10,000,000 - $15,000,000 (depends on system size and land acquisition
costs)
SRF Funding Eligibility Possible
CCIWPF Eligibility Possible – likely at or around 25% ($2,500,000 - $3,750,000).
The Town could consider a nitrogen trade with another Pleasant Bay watershed town, paying them to
expand their wastewater treatment facility and thereby offset nitrogen loads generated in Brewster.
Such a trade could reduce or eliminate the need for the neighborhood wastewater facility. The ability to
have the cost of such a trade funded through the SRF program needs to be determined.
Construction of Captains Golf Course I/A Treatment System. This project would involve the installation
of an I/A treatment system into the existing septic system to treat nitrogen to 5 mg/L.
Cost: $200,000
SRF Funding Eligibility Unclear. The use of an I/A system that does not have general use
approval may not be approved for funding by the Clean Water Trust.
Further discussion with them on this issue is needed.
CCIWPF Eligibility Unlikely, unless the project is approved by the Clean Water Trust on the
Intended Use Plan.
Installation of I/A Septic Systems Adjacent to Fresh Water Ponds. The Town could help finance the
upgrades of onsite systems within 300 feet upgradient and 100 feet downgradient of freshwater ponds.
Town financing could cover the cost of the I/A system installation with the homeowner covering the
costs of any other necessary septic system upgrades.
Cost: $10,000,000
Ryan Bennett and Chris Miller
July 29, 2021
Page 4 of 4
SRF Funding Eligibility Unclear. The use of an I/A system that does not have general use
approval may not be approved for funding by the Clean Water Trust.
Also, septic upgrades are typically funded through the Barnstable
County Septic Loan Program. However, this is only available for systems
considered failed under Title 5. Further discussion with the Trust and
the Cape Cod Commission on these issues is needed.
CCIWPF Eligibility Unlikely unless the project is approved by the Clean Water Trust on the
Intended Use Plan.
Initial Assessment of Funding from the CCIWPF
Based on the information provided above, Brewster could potentially receive SRF funding, as one or
more 20-year loans, for the planning projects and the construction of the neighborhood wastewater
facility. A total of $10,700,000 to $15,800,000 could be funded. If awarded SRF funding, there would
then be funds available from the CCIWPF to support the repayment of the SRF loans. Assuming a 25%
payment of the cost of each project (and 50% for projects under $1,000,000 in cost) a total of
$2,850,000 to $4,140,000 could be financed through the CCIWPF.
Clarifying Questions to the Clean Water Trust
Based on the review provided above, there are questions to discuss with the Clean Water Trust to help
determine the likelihood of SRF funding for the projects under consideration in Brewster. These include:
1. Is the proposed pilot testing program for I/A septic systems near ponds eligible for SRF funding
as a planning project or as an implementation project?
2. If the Town needs to acquire land to build a neighborhood wastewater facility, can that cost be
funded under the SRF program?
3. Can Brewster receive CCIWPF money to support a nitrogen trade with another Town that is
building an SRF eligible project, such as a traditional wastewater treatment facility?
4. Can projects involving the construction of I/A septic systems be eligible for SRF funding if the
proposed technology has not received general use approval? Can this be done outside the
Barnstable County Septic Loan Fund which only provides loans for septic upgrades that are
deemed in failure under Title 5?
5. Can SRF funding be used for projects to upgrade septic systems on private properties not owned
by the Town? It is our understanding that this has not been possible but that the state is
reviewing this opportunity as it is eligible under federal SRF funding regulations.
Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Kathleen A. Theoharides
Secretary
Martin Suuberg
Commissioner
This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of Diversity/Civil Rights at 617-292-5751.
TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
August 19, 2021
Mr. Peter Lombardi, Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631
RE: Clean Water State Revolving Fund (CWSRF) Project Eligibility
Dear Mr. Lombardi,
Thank you for your letter dated August 2, 2021, and for meeting with staff from the Massachusetts
Department of Environmental Protection (MassDEP) and staff from the Massachusetts Clean Water Trust
(Trust) on August 17, 2021, to discuss CWSRF program eligibility. The town of Brewster (the Town) is
considering a series of projects to improve water quality and to meet the nitrogen reduction needed for
Pleasant Bay and numerous freshwater ponds as required under the watershed permit.
Through your consultant’s (Horsley Witten Group) Memorandum dated July 29, 2021, you have presented
conceptual projects and have posed a series of questions that we discussed at the meeting, summarized
as follows:
1. Is the proposed pilot testing program for I/A septic systems near ponds eligible for SRF funding
as a planning project or as an implementation project?
Response: The conceptual pilot testing program for I/A septic systems near ponds would be eligible
for SRF financing as a planning project.
2. If the Town needs to acquire land to build a neighborhood wastewater facility, can that cost be
funded under the SRF program?
Response: Only the portion of the property that is an integral part of land application treatment
process is eligible for SRF financing. Eligibility would be considered as part of the construction phase
of the Wastewater Treatment Plant. The Trust may be able to reimburse the Town for eligible costs
of purchasing the land.
2
3. Can Brewster receive CCIWPF money to support a nitrogen trade with another Town that is
building an SRF eligible project, such as a traditional wastewater treatment facility?
Response: SRF financing is offered to the owner of the project. It is recommended that cost sharing
be allocated through an Inter-Municipal Agreement.
4. Can projects involving the construction of I/A septic systems be eligible for SRF funding if the proposed
technology has not received general use approval? Can this be done outside the Barnstable County
Septic Loan Fund which only provides loans for septic upgrades that are deemed in failure under Title
5?
Response: Implementation projects of I/A septic systems may be eligible for SRF financing, outside
the Barnstable County Septic Loan Fund, if they have been evaluated and approved by MassDEP as
part of a regional strategy or watershed permit, and if the SRF borrower is the Town. The level of
reliance to achieve reduction targets is one of the items that will be assessed in review of how the
proposed project fits in a regional strategy or watershed permit. For I/A septic system projects, a
proposed plan from the Town for management and sampling is another aspect of the review. This is
not an all-inclusive list of review items, but these are some key aspects to consider.
5. Can SRF funding be used for projects to upgrade septic systems on private properties not owned
by the Town? It is our understanding that this has not been possible but that the state is
reviewing this opportunity as it is eligible under federal SRF funding regulations
Response: Septic system upgrades may be eligible for SRF financing if they have been recommended
and approved by MassDEP as part of a regional strategy and if the SRF borrower is the Town.
Please note, as discussed at our meeting, project design costs are not eligible for SRF financing.
Please be advised that these responses are provided as general guidance, and they do not constitute
final MassDEP determinations. MassDEP will determine SRF project eligibility upon review of a formal
application following the established SRF process.
If you have any questions, or if we may be of further assistance, please do not hesitate to contact me.
Sincerely,
Maria E. Pinaud, Director
Division of Municipal Services
maria.pinaud@mass.gov
Delivered via email.
eCC: plombardi@brewster-ma.gov
cmiller@brewster-ma.gov
eperry@capecodcommission.org
3
eCC: mnelson@horsleywitten.com
nkeenan@tre.state.ma.us
andrew.osei@mass.gov
ashraf.gabour@mass.gov
Michele.Higgins@mass.gov
brian.dudley@mass.gov
Horsley Witten Group, Inc.
Integrated Water Resource
Management Planning
2022 Update
Horsley Witten Group, Inc.
All Water Resources are
Interconnected
Therefore:
Horsley Witten Group, Inc.
An Integrated Plan!
Horsley Witten Group, Inc.
The Big Picture…
Protecting the Town’s Waters
Protecting Public and Private Drinking
Water Supplies
Managing Nitrogen Loads to Coastal
Embayments
Protecting and Restoring Fresh Water
Ponds
Improving Stormwater Management
Horsley Witten Group, Inc.
Brewster’s Conservation Lands
and Zone II Areas
Horsley Witten Group, Inc.
Coastal Watersheds
Horsley Witten Group, Inc.
Status of Brewster’s Ponds - 2009
Horsley Witten Group, Inc.
Water Quality Issues - Nitrogen
Impacts Drinking Water, Coastal Waters and Fresh
Water Ponds
SOURCES – Septic Systems, Fertilizers, Road Runoff
Horsley Witten Group, Inc.
Water Quality Issues - Nitrogen
Septic System Discharge 35 mg/L
Drinking Water Standard 10 mg/L
State DW Planning Standard 5 mg/L
Brewster Drinking Water < 1 mg/L
Coastal Estuary Threshold ~0.3 mg/L
Horsley Witten Group, Inc.
Phosphorus and Ponds
Horsley Witten Group, Inc.
Water Quality Issues –
Emerging Contaminants
Per and Polyfluoroalkyl Substances (PFAS)
Found in Fire Fighting Foams, Cleaning Products
Teflon Pans, Food Wrappers, Skin Care Products and
Waterproof Clothing
State Drinking Water Standard of 20 Parts Per
Trillion
Currently Not Detected in Brewster’s Public Wells
Horsley Witten Group, Inc.
Integrated Water Planning
Timeline
2009 Comprehensive Water Planning Committee
Formed
Integrated Water Resources Management Plan
Phase I - 2011
Phase II - 2012
Pleasant Bay Nitrogen Management Alternatives
Assessment -2015
Horsley Witten Group, Inc.
Timeline - Continued
Implementation Phase
Water Resource Atlas – Fresh Water Ponds – 2016
Pleasant Bay Watershed Permit – 2018
Pleasant Bay Targeted Watershed Management
Plan - 2018
Golf Course Fertilization/Leaching Rate Study –
Ongoing
Horsley Witten Group, Inc.
Timeline - Continued
Implementation Phase
Walkers Pond Weed Harvesting Program
Upper Mill Pond Alum Treatment
Elbow Pond Weed Harvesting Program
Ongoing Water Quality Assessments
Horsley Witten Group, Inc.
Key Issues in 2022
Pleasant Bay Nitrogen Management to Comply with
Watershed Permit
Development and Implementation of Strategies to
Protect and Restore Fresh Water Ponds
Horsley Witten Group, Inc.
Horsley Witten Group, Inc.
Pleasant Bay Watershed Permit
Brewster makes up 25% of the Pleasant
Bay Watershed and is accountable for
13% of the N load.
Horsley Witten Group, Inc.
Open Space Purchases Protect Brewster’s
Waters
Horsley Witten Group, Inc.
Pleasant Bay Watershed Permit
Permit Signed in August 2018.
Requires Brewster to remove of 2,262 kg of nitrogen per year and address future development.
The town has already removed 56% of this load through changes in fertilizer practices at Captains Golf Course.
Horsley Witten Group, Inc.
Nitrogen Reductions Achieved To Date
Nitrogen Reduction Required:2,262 kg-N/year
Approved Reductions in Watershed Permit:
Golf Fertilizer Reduction (pre-2015) 930 kg-N/year
Golf Irrigation Recapture 230 kg-N/year
Town-wide Fertilizer Bylaw 121 kg-N/year
Total Nitrogen Removed 1,281 kg-N/year
Remaining Reduction Needed 981 kg/N/year
Horsley Witten Group, Inc.
Nitrogen
Reductions
by
Watershed
Horsley Witten Group, Inc.
Nitrogen Impacts in Tar Kiln Subwatershed
Currently Being Reevaluated
Tar Kiln Watershed
Horsley Witten Group, Inc.
Nitrogen Management Alternatives
to Meet Permit Goals
Additional Captains Golf Course
Fertilizer Management
Neighborhood WWTP
I/A Septic Treatment Systems
Nitrogen Trading
Horsley Witten Group, Inc.
Further Nitrogen Reduction Opportunities at
Captain’s Golf Course
Reduce fertilizer applications on the fairways and
roughs, incorporating sprayed applications of liquid
fertilizers (underway).
Potentially reduce the size of fairways by
approximately 2.5 acres (course-wide) –subject to
further discussion.
Septic System Upgrade to Treat for Nitrogen (Cost
approx. $150,000 -$170,000)
Horsley Witten Group, Inc.
Example of how a fairway could be shortened to
reduce fertilizer applications
Horsley Witten Group, Inc.
Further Nitrogen Reduction Opportunities at
Captain’s Golf Course
Fertilizer Reductions -364 kg-N/year
Fairway Changes -49 kg-N/year
Septic Upgrade -45 kg-N/year
Total New Reduction 458 kg-N/year
Final Reduction Needed 523 kg/N/year
Horsley Witten Group, Inc.
Golf Course Fertilizer Leaching Rate
Evaluation
•Changes in fertilizer practices may mean that less
nitrogen is leaching into groundwater.
•The permit assumes that 20% does leach.
•Documenting a lower leaching rate would further
reduce Brewster’s obligations under the permit.
•Study underway to document how much nitrogen
enters groundwater from fertilizer applications.
Horsley Witten Group, Inc.
Golf Course Fertilizer Leaching Rate
Evaluation
Six fairway sites being
tested using subsurface
lysimeters and
groundwater monitoring
wells
Horsley Witten Group, Inc.
Golf Course Fertilizer Leaching Rate
Evaluation
Horsley Witten Group, Inc.
Golf Course Fertilizer Leaching Rate
Evaluation
•Results of this study – completed in 2023 - will
determine what additional nitrogen load must be
managed using other techniques
Horsley Witten Group, Inc.
Neighborhood Wastewater Treatment
and Collection System
Disposal in the watershed Disposal outside the
watershed
Number of Homes = 152 Number of Homes = 110
Nitrogen reduction ~ 523 kg/yr Nitrogen reduction ~ 523 kg/yr
20-year cost = $10,000,000 -
$15,000,000
20-year cost = $9,000,000
•A traditional wastewater system could be installed in
the upper portion of the watershed to treat effluent
prior to its discharge to groundwater.
•Can offset future development
Horsley Witten Group, Inc.
Horsley Witten Group, Inc.
Option 3: Onsite Septic System Treatment Upgrades
Septic systems serving individual properties could be
upgraded to provide additional nitrogen treatment.
On-site septic system treatment upgrades have until
recently been recently been the preferred alternative.
Through the PB Watershed Permit and supporting SNEP
Grant, this approach appears to be less cost effective for
this watershed at this scale.
Number of Homes = 320
Nitrogen reduction = 523 kg/yr
20-year cost = $26,000,000
Horsley Witten Group, Inc.
Nitrogen Trading
•The permit allows the town to negotiate a
“nitrogen trade” with another Pleasant Bay town.
•Eliminates the long-term management of a
facility in Brewster.
•Size and cost of the trade could be adjusted to
accommodate future nitrogen impacts from
buildout.
Horsley Witten Group, Inc.
Summary
75% of Brewster’s obligations can be achieved at
Captains Golf Course with Minimal Cost.
A successful study of leaching rates will further reduce
the town’s obligation.
Options to manage the rest includes:
Neighborhood WWTP
Onsite Septic Upgrades
Nitrogen Trade
Horsley Witten Group, Inc.
Ongoing Pond Restoration Activities
Walkers Pond – Weed harvesting to remove plants
and associated phosphorus. Water quality
continues to deteriorate and further study by
SMAST is underway
Upper Mill Pond – Alum Treatment to minimize
phosphorus input from pond sediments
Elbow Pond weed harvesting
Horsley Witten Group, Inc.
Ongoing Water Quality Testing
Annual testing of 28 ponds across Brewster
Last update report on testing published in 2009
New update would be useful
Estimated cost - $50,000
Horsley Witten Group, Inc.
Septic Management Near Ponds
Horsley Witten Group, Inc.
Septic Management Near Ponds
Horsley Witten Group, Inc.
Current Regulation Proposed Regulation
Pond Nutrient Management Areas
Nutrient Management Area for Ponds
Horsley Witten Group, Inc.
Water Resource Atlas - Fresh Water
Ponds
Horsley Witten Group, Inc.
Draft Health Reg for Ponds
Reset septic buffer
300 feet upgradient
100 feet downgradient
Require phosphorus treatment units or
shallow leach fields to capture phosphorus
in iron rich soils
Require nitrogen treatment as well
Horsley Witten Group, Inc.
How Many Properties Affected?
Estimate up to 600 Homes Would Require
an Upgrade
Total Cost at $20,000-$25,000 per Property =
$12,000,000 to $15,000,000
Horsley Witten Group, Inc.
Pilot Project Proposed
Installing and Testing I/A Septic Systems for
Phosphorus and Nitrogen Treatment Would
Answer Many Implementation and
Performance Questions.
Estimate Pilot Cost - $300,000
Horsley Witten Group, Inc.
Financing – Who Pays?
Town’s Contribution?
Property Owner’s Contribution?
Horsley Witten Group, Inc.
Potential Financing Options
State Revolving Fund (SRF) Loans at Low or 0%
Interest for Eligible Projects
Barnstable County Septic System Loan Program
Cape and Islands Water Protection Fund
Local Funding Alternative
Horsley Witten Group, Inc.
Cost Summary – Pleasant Bay
Golf Course Design Refinements $20,000
Captains I/A Septic System $200,000
WWTP
Planning $200,000 - $225,000
Design and Permitting $200,000 - $225,000
Construction 10,000,000 - $15,000,000
A lower fertilizer leaching rate at Captains Golf Course
will reduce these costs.
Horsley Witten Group, Inc.
Cost Summary – Fresh Water
Ponds
Pond WQ Update Report $50,000
Pilot Septic Program $300,000 - $350,000
I/A Systems $12,000,000 - $15,000,000
Horsley Witten Group, Inc.
Cost Summary – Total
Total Cost:$22,970,000 - $31,070,000
Total SRF Funding $10,750,000 - $15,825,000
Total CCIWPF $2,875,000 - $4,162,500
Local Funding up to $1,000,000/year
Horsley Witten Group, Inc.
Questions?
Integrated Water Resource
Management Plan
2022 Update
Town of Brewster
Brewster Town Hall
2198 Main Street
Brewster, Massachusetts 02631
Table of Contents
Introduction .................................................................................................................................. 2
Overview of Water Quality in Brewster ........................................................................................ 3
Brewster’s Public Drinking Water Supply .................................................................................. 4
Pleasant Bay Watershed ........................................................................................................... 5
Herring River and Bass River Watersheds ................................................................................. 5
Other Coastal Estuaries ............................................................................................................. 5
Fresh Water Ponds .................................................................................................................... 6
IWRMP Summary .......................................................................................................................... 6
Implementation of the IWRMP ..................................................................................................... 7
Pleasant Bay Watershed ........................................................................................................... 8
Golf Course Fertilizer and Wastewater Management ............................................................... 9
Golf Course Fertilizer Leaching Rate Evaluation ...................................................................... 10
Install a Neighborhood Wastewater Treatment and Collection System .................................. 10
Onsite Septic System Treatment Upgrades ............................................................................. 11
Nitrogen Trading ..................................................................................................................... 11
Buildout Nitrogen Management ............................................................................................. 12
Fresh Water Ponds .................................................................................................................. 13
Stormwater Management ....................................................................................................... 15
Herring River Watershed ......................................................................................................... 16
Summary of Potential Costs & Funding Sources ......................................................................... 16
Conclusions – Summary of Next Steps ........................................................................................ 17
REFERENCES ................................................................................................................................ 18
2
BREWSTER’S INTEGRATED WATER RESOURCE
MANAGEMENT PLAN - 2022 UPDATE
Introduction
Since the 1980’s, Brewster has actively focused on protecting and restoring the Town’s water
resources. This includes significant investments to protect undeveloped land to prevent the
pollution of groundwater and surface waters associated with residential and commercial
development.
In 2009, the Town of Brewster began a detailed study (known as the Integrated Water Resource
Management Plan or IWRMP) to identify the issues associated with the Town’s water systems
and propose strategies to protect and restore water quality. This planning process led to a
series of recommendations related to groundwater, freshwater ponds, stormwater
management and coastal estuaries, with a focus on Pleasant Bay. In the last 10 years,
significant work has been done to advance these recommendations. The purpose of this
updated report is to summarize the goals of the Town’s planning process, describe the actions
that have been taken to date and present the current plans for continued water management
in Brewster, including the costs needed to implement these plans. As will be described
throughout this report, the Town’s investments in protecting open space have preserved
drinking water quality throughout Brewster and have significantly reduced the future
investments needed to restore the quality of freshwater ponds as well as Pleasant Bay and
other coastal estuaries.
Integrated Water Resource Management
Groundwater and surface waters, throughout Brewster, are interconnected. Rainfall is the
source of Brewster’s groundwater and surface waters. Rainwater lands on the ground surface
and either infiltrates through the soil into groundwater or flows over the ground surface to a
freshwater pond, Cape Cod Bay or one of the coastal estuaries in or near Brewster.
These interrelationships led to the decision to develop the IWRMP to evaluate the quality of the
groundwater that provides drinking water to Brewster’s residents, as well as the quality of the
Town’s many freshwater ponds and coastal estuaries. This planning process recognized that
individual plans or actions are needed for specific watersheds in town; those areas that
contribute groundwater or surface water to freshwater ponds, or coastal estuaries (Figure 1).
The IWRMP process also recognizes ongoing planning is needed for those areas that contribute
groundwater to the Town’s public drinking water wells. These areas are known in
Massachusetts as Zone II’s, or wellhead protection areas, and are shown in Figure 2. In
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Figure 1. Brewster's Water
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Figure 2. Brewster
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addition, the areas contributing groundwater and surface water to freshwater ponds must also
be assessed and the sources of pollution to these ponds managed.
The interrelationships between groundwater, surface water and different sources of pollutants
can be seen in Figure 3. The graphic shows how day-to-day activities of town residents impact
the quality of drinking water and the quality of freshwater ponds and coastal estuaries. What is
flushed down a toilet into a septic system can impact water quality in downgradient wells,
ponds or coastal estuaries. Pollutants on town roadways (e.g., automobiles, fertilizers, and pet
wastes) are collected in stormwater runoff that flows into waterways or soaks into the ground
and impacts groundwater quality.
Figure 3 – Integrated Connections Between Water Resources and Pollutants
Overview of Water Quality in Brewster
Brewster is fortunate to have a public water system that provides high quality drinking water.
However, there are ongoing issues with the water quality in many of the freshwater ponds in
town, in Pleasant Bay and in Herring River in the adjacent town of Harwich. While Brewster
only has frontage on a small portion of Pleasant Bay, and none on the Herring River, a portion
of the watersheds that contribute pollutants to them are located in Brewster and the Town has
a regulatory obligation to manage these watersheds. An overview of the regulatory
requirements for managing the Town’s water resources, and the protection and restoration
strategies the Town is currently evaluating, are summarized below. The status of the Town’s
actions to restore these waters is then discussed in the following report sections.
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Brewster’s Public Drinking Water Supply
Most Brewster residents get their drinking water from the Town’s public water supply system.
Brewster’s public water supply provides high quality drinking water pumped from six wells
withdrawing groundwater from the area surrounding each well. The Zone II protection areas to
these wells are shown on Figure 2. The protection of undeveloped open space around the
Town’s wells serves to minimize the potential for contaminants to impact drinking water
quality. In 2012, 40% of the Town’s Zone II areas were protected open space (See IWRMP
Phase II Report). The extent of protected open space has grown since then, with further
acquisitions by the Town and the Brewster Conservation Trust.
Public supply wells using groundwater are typically threatened by nitrogen from septic systems,
lawn fertilizers, road runoff, hazardous material releases from fuel storage tanks, and
accidental spills from roadway accidents. The open space protection in Brewster has
significantly reduced the number of onsite septic systems potentially affecting drinking water
quality. The Town’s Water Quality Review Bylaw also prohibits hazardous materials use, or
storage at volumes above those typically used in a household, in the Zone II areas. The Town’s
wells are tested regularly, and the tests confirm there are no contaminants exceeding federal
and state drinking water standards. This data is reported annually in the Consumer Confidence
Report, which the Water Department is required to produce. As can be seen in the 2020 report
(Town of Brewster Water Department, June 2021), the nitrogen concentration in the Town’s
drinking water averaged less than 1 part per million (mg/L). The drinking water standard for
nitrogen is 10 mg/L. Nitrogen is an indicator of contamination from septic systems, fertilizers
and runoff. The low value is reflective of the extent of protected open space in the Zone II areas
around the town wells.
Emerging contaminants are an ongoing concern for every drinking water system. One of the
emerging contaminants of concern for many drinking water systems is per-and polyfluoroalkyl
substances (PFAS). PFAS compounds are found in firefighting foams, a variety of personal care
products, food wrappings, Teflon coated cookware, and clothing. The recently updated state
drinking water standard for six of these PFAS compounds is now 20 parts per trillion. Note, this
drinking water standard is six orders of magnitude lower than the standard for nitrogen. Small
releases of these compounds to soil and groundwater can create issues for public water
systems, so ongoing testing and evaluation is needed. Tests conducted in 2021 showed no
PFAS compounds have been detected in the Town’s public water supplies.
There are properties in Brewster that use private wells for drinking water, and they are located
in various locations across the Town. These wells face the same water quality issues as the
Town wells and often also benefit from nearby protected open space. One issue with private
wells is their placement relative to an onsite septic system on the same property or an abutting
property. Even if a septic system is outside the required 100-foot setback from a private well, if
groundwater is flowing from the septic system towards the well it can bring nitrogen and other
contaminants to the well. For this reason, it is important for residents to test the water quality
in their private wells on a regular basis.
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Pleasant Bay Watershed
The majority of the IWRMP implementation work over the last four years has focused on
Brewster’s portion of the Pleasant Bay watershed. Nitrogen inputs from the land uses within
the watershed that contributes groundwater to the bay is the major water quality concern.
Excess concentrations accelerate the growth of algae and invasive plants leading to the loss of
fish and shellfish habitat. A main concern is the loss of eelgrass that provides habitat for fish to
lay eggs and threatens protection of bay scallops. Brewster occupies approximately 25% of the
overall watershed shared by Orleans, Harwich, and Chatham, but only contributes to 13% of the
total nitrogen load entering the Bay. Brewster still needs to reduce its load by 981 kg/year and
has agreed to do this under the Watershed Permit issued by the Massachusetts Department of
Environmental Protection (DEP) to the four Pleasant Bay Towns.
Herring River and Bass River Watersheds
Portions of the watersheds to Herring River in Harwich and Bass River in Dennis and Yarmouth
are located in Brewster. Like Pleasant Bay, nitrogen is the pollutant of concern for these
estuaries. Brewster’s portion of the Bass River Watershed is quite small, at 160 acres (Univ of
MA Dartmouth, April 2011). Given this small area and the fact most of the watershed land
within Brewster is protected open space there are no nitrogen management requirements for
this watershed. For the Herring River watershed there is likewise no need to reduce the
existing nitrogen load within Brewster. However, any additional load resulting from new
development in the watershed will need to be managed to minimize the extent of additional
nitrogen entering the Herring River system (Univ of MA Dartmouth, May 2013). Recent open
space acquisitions in the watershed have reduced the potential for additional nitrogen impacts
and the Town will be updating the quantity of nitrogen that needs to be managed in this
watershed in the future.
Other Coastal Estuaries
Nitrogen management for the Namskaket Creek and Quivett Creek watersheds has also been
evaluated in Brewster. These estuaries are located on the north shore of Brewster and drain
into Cape Cod Bay. Namskaket Creek is different from the estuaries discussed above as the
current and future nitrogen load to this estuary is lower than the threshold established by DEP.
So, there is no current need to develop a management plan for this system (Univ of MA
Dartmouth, December 2008). The Quivett Creek watershed was evaluated by the Cape Cod
Commission (October 2018), and it determined there is no need for nitrogen management at
this time. Recent data for Quivett Creek developed by the Association to Preserve Cape Cod
(APCC) is currently being reviewed by the Brewster Natural Resource Advisory Commission to
determine if water quality has changed. The tidal range in Cape Cod Bay and within these
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estuaries is much higher than in Pleasant Bay, Herring River or Bass River. Therefore, nitrogen
entering these systems is quickly flushed out into Cape Cod Bay and does not have the same
impact on the health of the estuaries.
Fresh Water Ponds
Brewster is home to over 80 freshwater ponds located throughout the Town. Unlike coastal
waters, pond water quality is impacted by both phosphorus and nitrogen. Excess inputs of
these nutrients fuel the growth of algae which, when they die and decay, reduce the oxygen
level in the water. Fish kills can result if algae blooms get too big and result in anoxic conditions
in the water. In addition, the mixture of nitrogen and phosphorus can promote the growth of
toxic organisms like cyanobacteria which were found in three ponds in the summer of 2021
based on testing conducted by APCC. Warmer temperatures and drought conditions over the
last year have extended the growing season in the ponds, exacerbating some of these water
quality issues. Many ponds are experiencing water quality impairment as shown in Figure 4.
The main sources of these nutrients to ponds are septic systems, lawn fertilizers and road
runoff. Since phosphorus does not travel extensive distances in groundwater, the concern with
septic system discharges is only related to those within approximately 300 feet of the pond
shore, especially on the upgradient side of the pond, as mapped on the Water Resource Atlas
described later in this report.
IWRMP Summary
As mentioned above, Brewster’s IWRMP development began in 2009. Since then, a series of
reports specific to Brewster have been prepared to outline specific water quality issues and
recommend actions to address them. The majority of them can be viewed on the Town’s
Website at www.brewster-ma.gov (click on the Water Planning button on the home page). A
summary of the main reports that continue to direct the IWRMP process is provided below.
• Integrated Water Resource Management Plan Phase II Report, January 2013. This
report provided a review of the regulatory process governing water quality
management in Brewster and made specific recommendations for restoring and
protecting water quality for drinking water, freshwater ponds and coastal estuaries.
• Pleasant Bay Nitrogen Management Alternatives Analysis Report, March 2015. This
report focused on strategies to reduce nitrogen loading from Brewster’s portion of the
Pleasant Bay Watershed to help achieve the nitrogen reduction goals to restore water
quality in the Bay. The alternatives considered included a neighborhood sewer system,
changes in fertilization practices at the Captain’s Golf Course, the use of innovative
septic treatment systems and other potential solutions.
• Pleasant Bay Watershed Permit and Targeted Watershed Management Plan, 2018.
Brewster entered into an agreement with the DEP and the three other Pleasant Bay
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Figure 4. Water Quality
in Brewste r's Po nds
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Town of Brewster
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Wetlands No Data Date: 1/14/2022
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Watershed towns to restore water quality in Pleasant Bay (DEP, August 2018). The
Permit specifies specific requirements to reduce nitrogen loading to the bay. The
Pleasant Bay Alliance prepared a companion report, the Targeted Watershed
Management Plan, outlining the strategies proposed by each town to meet the nitrogen
reduction goals in the Permit. (Pleasant Bay Alliance, March 2018)
• Meeting the Nitrogen Reduction Goals for Pleasant Bay, October 2020. This report
provides an update to the Pleasant Bay Nitrogen Management Alternatives Analysis
Report mentioned above. The update was prepared for the Select Board and
incorporates updated information on the nitrogen management alternatives available to
Brewster based on the requirements of the DEP Permit issued in 2018.
• Mill Ponds Management Plan, November 2014. This report, prepared by the School
for Marine Science and Technology (SMAST) at the University of Massachusetts,
provided recommendations for the restoration of Upper Mill, Lower Mill and Walkers
Pond. Based on these recommendations, the Town purchased a weed harvester to help
manage Walkers Pond. They also conducted an alum treatment in Upper Mill Pond to
reduce water quality impacts from phosphorus historically discharged to the pond,
which is now contained in the sediment on the pond bottom.
• Water Resource Atlas – Fresh Water Ponds. This Atlas provide maps of the surface
watersheds and groundwater recharge areas to each pond in Brewster, and provides the
areas proposed for additional septic system management within 300 feet on the
upgradient side of each pond, and 100 feet on the downgradient side of the pond.
Additional reports have been prepared as part of the Massachusetts Estuaries Project and on
behalf of the Pleasant Bay Alliance and these are referenced in the following section of this
report.
Implementation of the IWRMP
The Town’s actions to implement recommendations in the IWRMP are currently focused on the
following topics:
• Nitrogen reduction in the Pleasant Bay Watershed, as required in the watershed permit
issued by DEP.
• Actions to protect and restore water quality in the Town’s freshwater ponds.
• Implementation of the recently adopted stormwater management bylaw to protect
water quality.
• Plans to reduce future nitrogen loading in the Herring River watershed.
An update on the status of each of these topics is provided below, summarizing the actions
being considered, the associated costs, and the work needed to make final decisions.
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Pleasant Bay Watershed
Brewster has collaborated on managing nitrogen in Pleasant Bay with the other towns in the
watershed through the Pleasant Bay Alliance. This has included documenting the nitrogen
removal responsibilities for each town and establishing the Pleasant Bay Watershed Permit
with DEP that provides a framework to meet these nitrogen reduction goals over a 20-year
period. The details of these plans are summarized in the Pleasant Bay Targeted Watershed
Management Plan, prepared by the Alliance and referenced in the DEP Permit.
Much of the data in this plan was obtained from the 2006 Linked Watershed Model, developed
by SMAST, as part of the Massachusetts Estuaries Program (Univ of MA Dartmouth, May 2006).
It documents the existing nitrogen loading from each town, divided up by the watersheds
contributing groundwater to the Bay. It then establishes the nitrogen reduction requirements
for each town in each watershed.
The Permit requires Brewster to remove of 2,262 kg N/year from the watershed and to address
nitrogen impacts from future development. At the time it was issued, the Town had already
removed 56% of this load, taking advantage of fertilizer and irrigation management at Captains
Golf Course as well as the adoption of a town-wide fertilizer management bylaw (Table -1).
This was done with minimal cost to the Town.
Total Nitrogen Reduction Required 2,262 kg N/year
Golf Fertilization Reduction -930 kg N/year
Golf Irrigation Recapture -230 kg N/year
Town-wide Fertilizer Bylaw -121 kg N/year
Total Nitrogen Removed to Date -1,281 kg N/year
Remaining Reduction Needed 981 kg/N/year
Table -1 Pleasant Bay Nitrogen Load Summary
The permit also requires that the Town address nitrogen inputs from future development in the
watershed. Based on an assessment in 2018 (HW, April 2018), this could include an additional
1,209 kg N/year. The Pleasant Bay Alliance will be working over the next year to update this
buildout number to assist with the planning needed to manage this additional load. Any future
load created will have to be offset by further reductions in existing loads.
The Pleasant Bay Alliance is currently working with SMAST to evaluate and revise the nitrogen
reduction requirements for each Town based on updated land use information since the initial
report was prepared in 2006 and considering the changes in hydrology in Pleasant Bay given
the new inlet that was formed in 2007 that increases the tidal flushing in the estuary.
The extent of nitrogen entering Pleasant Bay from the Tar Kiln portion of the watershed is
currently being reviewed and is an important issue for the Town. If groundwater containing
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nitrogen enters a freshwater pond or wetland, some of the nitrogen is attenuated, or taken up
by the algae and plants, and less is transferred back into groundwater which then flows to
Pleasant Bay. No attenuation was attributed to the Tar Kiln watershed in the initial SMAST
Model, but recent studies by SMAST led them to conclude that there is attenuation in this
marsh system. As such, the existing nitrogen impact from this watershed is reduced, meaning
that septic systems, lawns and stormwater in this area of the watershed do not have as much
impact on Pleasant Bay. However, a portion of Captains Golf Course lies in this watershed, and
the plans for managing further nitrogen reductions may be somewhat offset by the new
attenuation attributed to the Tar Kiln Marsh. The Town is working with the Pleasant Bay
Alliance to quantify how this affects Brewster’s requirements under the Watershed Permit.
However, the effects should not be significant enough to require major changes in the plans
developed to date.
The options to fully comply with the Watershed Permit are summarized below. One major
opportunity is continued fertilizer management at Captains Golf Course. The extent to which
this will reduce nitrogen loading will affect the scale and cost of the other options the Town is
considering. Each option is discussed below, with an initial estimate of the cost for
implementation.
Golf Course Fertilizer and Wastewater Management
In 2020, the Town has collaborated with the U.S. Golf Association to identify additional
strategies to further reduce nitrogen inputs at Captains Golf Course. Proposed changes at the
golf course include:
• Changes in fertilization practices to reduce applications on the fairways and roughs,
incorporating sprayed applications of liquid fertilizers that can be readily adsorbed by
the turf. These new practices began in 2020.
• Reductions in the size of fairways by a total of approximately 2.5 acres by converting
this turf to rough and reducing fertilizer demand. The areas selected are based on an
inspection by the U.S. Golf Association and would not hinder the way the course is used.
• Installation of a nitrogen treatment system to the septic system at the course that
would reduce the nitrogen concentration in the effluent to 10 mg/L or less.
If implemented, these actions would further reduce nitrogen loading by 458 kg/year, such that
the Town will only need to manage the remaining current nitrogen load of 523 kg/year. There
would be little to no cost for changes in fertilization applications, the cost for the adjustments
to the size of the fairways would cost about $20,000 and the septic system upgrades would cost
approximately $200,000. The golf course has already begun to implement the sprayed
applications of fertilizer at reduced rates and this process will continue moving forward.
Nitrogen Reduction 458 kg/year
Estimated Cost $220,000 – Current Estimate
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Golf Course Fertilizer Leaching Rate Evaluation
Separate from the reduced amount of fertilizer applied to the golf course turf, the Town could
receive a nitrogen reduction credit related to the amount of fertilizer that actually leaches into
groundwater and flows to Pleasant Bay. Currently the DEP watershed permit assumes that 20%
of the nitrogen in fertilizers leaches into groundwater. The proposed management practices
will likely reduce this leaching rate. If so, additional nitrogen reduction credits can be obtained.
The Town has begun a study to evaluate the fertilizer leaching rate that involves the testing of
water in the soil and the underlying groundwater for nitrogen. A series of six lysimeters have
been installed in the golf course fairways that capture water infiltrating through the upper 1-2
feet of soil. Six monitoring wells located near the lysimeters have also been installed.
Quarterly testing of nitrogen concentrations will be conducted for two years to document how
much nitrogen applied in fertilizer actually enters groundwater below the golf course. Based on
this data, an updated leaching rate for fertilizers will be documented and used to determine the
remaining nitrogen load that must be managed by Brewster. This option is attractive because
the only expense is the cost for a study to document this leaching rate. If the leaching rate is
substantially lower, the nitrogen reduction requirements for both existing and future loads
could be reduced.
Nitrogen Reduction To be determined
Cost (for leaching rate study) $140,000 – funded in 2021 and underway
Install a Neighborhood Wastewater Treatment and Collection System
A traditional wastewater system could be installed in the upper, western portion of the
watershed to treat effluent prior to its discharge to groundwater. This area was selected based
on the concentration of development that reduces the length, and therefore the cost, of sewer
lines needed to collect wastewater. There are two options for this, either site the wastewater
disposal field in the watershed or locate it outside the watershed. If the disposal field is not
within the watershed, all the nitrogen from the homes connected to the system is removed,
and therefore fewer homes need to be connected to reach the required nitrogen load
reduction. The siting of a disposal field outside the Pleasant Bay watershed needs to account of
other potential impacts to drinking water supplies or other sensitive watersheds. The sizing of
the system assumes no change in the golf course leaching rate. Both of these options could be
expanded to accommodate additional nitrogen from future development. The costs listed
below are broken out into those needed to design and permit the system and those needed for
construction and a long term (20-year) operation.
Disposal in the watershed Disposal outside the watershed
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No. of Homes 152 No. of Homes 100
Nitrogen removed 523 kg/yr. Nitrogen reduction 523 kg/yr.
Planning Cost $450,000 Planning Cost $400,000
20-year cost $10,000,000-$15,000,000 20-year cost $9,000,000
Onsite Septic System Treatment Upgrades
Septic systems serving individual properties could be upgraded to provide additional nitrogen
treatment. Currently, it may be possible to utilize an innovative treatment system to treat
nitrogen to about 12 mg/L, well below the typical system which discharges nitrogen at a
concentration of about 35 mg/L. There are innovative systems that could meet this goal, but
they are still being evaluated. Based on the best, currently available data, approximately 320
septic systems would need to be upgraded to this relatively new technology to provide the
necessary nitrogen reduction. This number may change based on the results from the golf
course leaching rate study and the nitrogen attenuation attributed to the Tar Kiln Marsh
watershed. More septic systems could be upgraded with nitrogen treatment to help
accommodate future nitrogen loads from buildout.
The Pleasant Bay Alliance evaluated the cost for the design, construction and long-term
operation of these systems and reported that the price for an individual system could run as
high as $33,900 with annual operation and maintenance costs of $2,360 (HW, 2020, Appendix
C). Over 20 years this results in a total cost for 320 properties of $26,000,000. This cost makes
this option more expensive than the neighborhood system described above. The Town is
continuing to evaluate these costs, based in part on a pilot program led by the Barnstable Clean
Water Coalition documenting actual construction costs for 15-20 systems which are somewhat
lower than that estimated by the Alliance. The use of these systems could be beneficial if the
leaching rate study at the golf course shows fewer of them are needed. They may also be
useful for managing future development not just in the Pleasant Bay watershed but in
watersheds adjacent to freshwater ponds as well.
No. of Homes 320
Nitrogen reduction 523 kg/yr.
20-year cost $26,000,000
Nitrogen Trading
The Town can negotiate a “nitrogen trade” with another Pleasant Bay town by financing
nitrogen removal actions they are taking. As an example, if a neighborhood treatment plant
would cost $10,000,000 to remove 523 kg N/year, the Town could negotiate an agreement with
Harwich, Orleans, or Chatham to fund wastewater treatment in their community to remove the
same amount of nitrogen, taking advantage of economies of scale and excess nitrogen removal
in their new wastewater systems. The size and cost of the trade could be adjusted to
accommodate future nitrogen impacts from buildout. This would eliminate the long-term
management of a facility in Brewster.
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Buildout Nitrogen Management
Under the Watershed Permit, Brewster needs to develop a plan to ensure future development
is managed to keep the nitrogen loading in the Town’s portion of the watershed within the
levels allowed for Pleasant Bay. Part of this can be accomplished through the strategies
discussed above. In addition, there are regulatory options that the Town can evaluate to make
sure that the loading from future development is minimized to the extent possible.
The Water Quality Review Bylaw currently in place limits the amount of nitrogen from
development within the Pleasant Bay watershed. For any new project, or for an expansion of
an existing development, the applicant must demonstrate the overall nitrogen load is limited to
an average of 5 mg/L in groundwater underneath the site. Several changes to this bylaw were
approved by Town Meeting in November 2021 and the Board of Health recently approved
related nitrogen loading calculation regulations pending town counsel review. This 5 mg/L limit
applies to both residential properties and to commercial/industrial areas also located within the
Pleasant Bay watershed. The Town is considering changing the 5mg/L limit for commercial and
industrial properties to 3 mg/L. If this change is made, the overall nitrogen load from buildout
is reduced by 25-30% in this watershed.
New data from the Pleasant Bay Alliance’s ongoing buildout assessment will refine the actual
benefit of this change. Preliminary calculations suggest that most commercial/industrial uses
allowed in the watershed could comply with the 3 mg/L threshold. If not, a project may need to
install an innovative septic system technology to treat nitrogen in wastewater effluent to meet
this goal. Given any new development increases the overall nitrogen management load, it is
worthwhile to consider having some limitations on the extent of additional load that could be
allowed.
Other buildout options include limiting the extent of development allowed on town-owned
properties within the watershed and further limiting the allowable nitrogen load from
residential properties. Further discussion and public input are needed on these options. These
discussions will benefit from the ongoing collection of data from the golf course study discussed
above.
In summary, there are several viable options to fully comply with Brewster’s obligations under
the Pleasant Bay Watershed Permit. The proposed leaching rate study will document potential
additional nitrogen reductions at the golf course with minimal cost. This would further reduce
the costs for the remaining actions the town will have to take. The neighborhood wastewater
treatment options could be used to manage the remaining nitrogen or as a basis for a nitrogen
trade with another Pleasant Bay town. Each of these options can also be expanded, if needed,
to accommodate future development. The Town is required to provide annual updates to DEP
under the Watershed Permit and coordinates these updates with the other Pleasant Bay
Towns. The Cape Cod Commission also reviews ongoing work in the watershed as part of its
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implementation of the Section 208 Area Wide Water Quality Management Plan. Its most
recent review is provided in Appendix A.
Fresh Water Ponds
As discussed above, if too much phosphorus enters a pond, it will accelerate the growth of
algae. When algae dies it decays, and as this happens the oxygen in the water column is
depleted. In extreme situations, this results in fish kills as there is not enough oxygen to keep
the fish alive. Phosphorus does not travel far in groundwater as it readily binds to the iron and
manganese in the subsurface soils and sediments. This means that, for phosphorus, the
primary concerns with septic systems are those located within 300 feet of a pond on the
upgradient side where groundwater is traveling towards the pond. Recent studies have shown
that nitrogen is also a concern in ponds, as the combination of nitrogen and phosphorus can
create conditions that support the growth of cyanobacteria, a toxic organism that can affect
people and wildlife.
Water Quality Data
The Town has conducted regular water quality monitoring of many of the larger ponds in
Brewster and used that information to support restoration projects in Long Pond, Walkers
Pond, and Upper Mill Pond. A summary of this water quality data was last published in 2009.
An update on the current water quality status based on the data collected since 2009 would be
useful and the Town is working to review ongoing monitoring data and develop a new status
report. The cost for this update report is estimated at $50,000. It should be noted that
bacteria testing of pond water quality is also conducted by the Board of Health monitoring
water quality at the public beaches at ponds in Town.
Board of Health Septic Regulations
The Board of Health currently has a regulation prohibiting septic system leaching facilities
within 300 feet of a pond. This serves to minimize phosphorus impacts from future
development. However, there are approximately 600 properties either fully or partially within
the 300-foot buffer to the ponds in Brewster. Applicants looking to update or expand their
septic system are regularly asking for a variance to this regulation as they cannot move their
leaching facility outside the 300-foot buffer.
HW prepared a draft revision to this Board of Health regulation in 2016. The draft requires
septic systems within 300 feet upgradient and 100 feet downgradient of a pond to install a
leaching facility or alternative technology that will provide phosphorus treatment. This
regulation was discussed at a public Board of Health Hearing in 2016. There were questions
related to the cost of the treatment systems and the performance of the technologies available
at that time for phosphorus treatment. Further evaluation of the draft regulation is needed to
advance the process to restore pond water quality. In part, it needs to consider the treatment
for nitrogen as well as phosphorus given concerns about cyanobacteria. Along with evaluating
14
the technologies available, it will be important to consider the cost of implementing a new
regulation and the process for funding it.
Innovative/Alternative Septic Pilot Program
In 2018, a charrette was held with members of the Board of Health, Town staff, local design
engineers and a representative from the MA Septic System Test Center to evaluate the
proposed phosphorus treatment technologies then available and associated costs. The
installation of pilot systems within 300 feet of one or more ponds in Brewster to test the
technology and document the costs was recommended at each session.
Newer technologies are now being tested to document their performance for treating both
nutrients and these could be incorporated into a pilot project in Brewster. A pilot project
testing 6 innovative septic systems would cost approximately $300,000.
Based on recent work conducted in the Shubael Pond neighborhood by the Barnstable Clean
Water Coalition (December 2021), the cost to design, permit and install an alternative
treatment system is approximately $20,000-$25,000. Note, this cost is lower than the estimate
for similar systems developed by the Pleasant Bay Alliance. This is in part due to the need for a
greater amount of monitoring of the systems under the Pleasant Bay Permit. The cost for each
site will vary based on the size of the property, the slope of the land and the operational status
of the existing septic tank and leaching facility (if they can be maintained). There may be more
affordable technologies, but this provides an initial estimate for implementing this regulation.
Large-Scale Innovative/Alternative Septic Upgrades
The overall cost if all 600 properties within the proposed setback to ponds were upgraded
would be approximately $12,000,000 to $15,000,000. There would also be annual operation,
maintenance and monitoring fees for these systems.
Further discussion on who should pay for some or all of these upgrades is needed. Not all
ponds in Brewster are accessible by the public, as the shoreline at some locations is all privately
owned. A question that has been raised is whether the town should provide funding for system
upgrades if there is no public access. The next steps for implementing actions for ponds
include:
• Updating information available on the technologies that can provide phosphorus and
nitrogen treatment, including their performance and cost.
• Revising the draft health regulation.
• Evaluating other sources of nutrient pollution to ponds and develop strategies to
minimize these threats.
As discussed below, the stormwater bylaw adopted in November 2021 will help with pond
water quality management. Additional outreach and public discussion will be needed to
achieve consensus on the best approach for pond management.
15
Neighborhood Sewer Systems
It should be noted that there was discussion about providing neighborhood sewer systems
around ponds in Brewster at the public meeting in 2016 and at the charrette in 2018. This
option seems to be significantly more costly than using individual onsite systems. It would not
be feasible to construct one system to sewer all the areas around Brewster’s ponds. There
would be a need to construct sewer lines around each pond as well as multiple treatment
facilities. In addition, a location for each neighborhood system would also have to be selected
and acquired by the owner of the facility, be it the Town or a neighborhood association.
Further analysis comparing neighborhood sewer systems to individual systems will need to be
part of future technical evaluation and public policy discussions.
Stormwater Management
Stormwater management has been a key part of the IWRMP process since the beginning.
During the development of Phase II of the IWRMP, a series of proposed stormwater
improvements were identified to limit the direct discharge of stormwater to surface waters in
Town. One location was the town-owned boat ramp for Long Pond on Crowells Bog Road.
Currently stormwater runs directly down the access road into the Pond. However, the Town is
redesigning the boat ramp, parking area, and incorporating updated stormwater practices to
prevent direct discharge of untreated runoff into Long Pond. Other stormwater improvements
at Breakwater Landing, Crosby Landing and Paine’s Creek have been completed and the
Walker’s Pond boat ramp upgrade is planned for this spring.
Brewster adopted a new stormwater management bylaw at its November 2021 Town Meeting.
This bylaw is required under the federal Municipal Separate Storm Sewer (MS4) regulation
under the federal Clean Water Act. The bylaw requires both minor and major projects to
design and build stormwater management systems to prevent the overland flow of water
directly to ponds and coastal waters. It also incorporates treatment requirements to protect
groundwater quality where stormwater is infiltrated into the ground. Over time it will help
improve water quality, especially in areas where stormwater is currently flowing directly to a
surface water.
Projects creating less than 500 square feet of impervious cover or disturbing less than 10,000
square feet of land are required to apply for a minor permit. As part of the application the
runoff volume from the project must be calculated and one or more stormwater management
practices, such as a rain garden or vegetated swale must be sized and installed. Larger projects
must apply for a major permit to be reviewed by either the Planning Board or the Conservation
Commission if the Conservation Commission has jurisdiction under the state Wetlands
Protection Act. These larger projects must document that the stormwater will be managed in
accordance with the state’s stormwater management regulations.
16
The Planning Board is now finalizing a set of implementation regulations for the bylaw. They
are also working with Town staff to develop application forms and instructions for both the
major and minor permits. These new requirements for stormwater will help improve water
quality through Brewster.
Herring River Watershed
As mentioned above, the Town’s obligations for nitrogen management in the Herring River
watershed involve limiting the nitrogen load from future development. The strategies
considered for future development in the Pleasant Bay watershed could be applied for the
Herring River watershed as well. Further work is needed to quantify the extent of buildout
possible in this watershed given recent open space acquisitions by the Town to refine the
management strategies for Herring River.
Summary of Potential Costs & Funding Sources
Based on the information provided above, the overall cost for implementing the primary
components of the IWRMP as of 2022 is approximately $22,970,000 - $31,070,000. Table 2
shows a breakdown of costs for the Pleasant Bay watershed and freshwater pond management
which are the two issues with significant management costs. For Pleasant Bay, the overall cost
includes the neighborhood wastewater treatment plant option as this is less expense than using
individual septic treatment systems.
In most towns, the implementation of wastewater management strategies includes funding
from the property owner and the town. How the funding is managed in Brewster still needs to
be evaluated. The extent of town funding is often based on the benefits received by all
residents in the town. For example, the restoration of water quality in a pond or coastal
estuary can benefit all resident who have access to the water.
Table 2 also provides information on the potential for the Town to obtain a State Revolving
Fund (SRF) loan to finance the costs or to get funding from the recently created Cape Cod and
Islands Water Protection Fund (CCIWPF). Funding for CCIWPF is through taxes on hotels and
short-term rental facilities. To receive an SRF Loan, the Town must apply through the MA Clean
Water Trust. If the Trust approves a project, it is then eligible for funding from the CCIWPF.
The CCIWPF funds are used to repay a portion of the SRF loan.
For a project to be eligible for SRF funding, the Trust requires DEP approval of a comprehensive
wastewater management plan, IWRMP, targeted watershed plan or project specific plan. Cape
Cod Commission Clean Water Act Section 208 approval is also required for a project to be
eligible for SRF funding. Proposed project(s) must be submitted to the Clean Water Trust for
inclusion on the annual Intended Use Plan. If a project is included on the plan, it is then eligible
for SRF funding. Funding is provided as a 20-year loan with a maximum interest rate of 2%.
Some projects can qualify for a lower interest rate as well. Projects demonstrating their
Table 2: Summary of IWRMP Costs and Funding Options Pleasant Bay Watershed Project Golf Course Fertilizer Adjustment and Fairway Size Refinements Cost: $20,000 SRF Funding Eligibility No CCIWPF Eligibility No Construction of Captains Golf Course I/A Treatment System. Cost: $200,000 SRF Funding Eligibility Possible CCIWPF Eligibility Possible at 50% of SRF cost WWTP Planning. Cost: $200,000 ‐ $225,000 SRF Funding Eligibility Possible CCIWPF Eligibility Possible – At about 50% WWTP Design and Permitting. Cost: $200,000 ‐ $225,000 SRF Funding Eligibility No CCIWPF Eligibility No Construction of a Neighborhood WWTP*. Cost: $10,000,000 ‐ $15,000,000 SRF Funding Eligibility Possible CCIWPF Eligibility Possible –at 25% Fresh Water Ponds Project Development of an Updated Report on Pond Water Quality Cost: $50,000 SRF Funding Eligibility Possible CCIWPF Eligibility Possible – At about 50% Development of a Pilot Program for Septic Upgrades Near Freshwater Ponds. Cost: $300,000 ‐ $350,000 SRF Funding Eligibility Possible CCIWPF Eligibility Possible – At about 50% Installation of I/A Septic Systems Adjacent to Fresh Water Ponds. Cost: $12,000,000 ‐ $15,000,000 SRF Funding Eligibility Unlikely CCIWPF Eligibility Unlikely Total Cost: $22,970,000 ‐ $31,070,000 Total SRF Funding Eligibility $10,750,000 ‐ $15,825,000 Total CCIWPF Eligibility $2,875,000 ‐ $4,162,500 * Note: The WWTP cost is for the larger system serving approximately 150 homes. The costs for onsite septic treatment systems for Pleasant Bay are not included here as the neighborhood WWTP is currently the more cost effective option.
17
implementation will not result in any growth in development can qualify for a 0% interest rate.
In 2021, 75% of the projects that requested SRF support were awarded a loan by the Clean
Water Trust.
The CCIWPF provides separate funds, as grants to the Towns that participate in the program.
The funds are provided only for projects approved for an SRF loan. Each year the grants are
provided based on the funds available and the number of projects eligible for funding. This
data is used to select a subsidy percentage for each project. For the first round of funding
through the CCIWPF, awards for projects on the Intended Use Plan were provided at a rate of
25% of the project cost. Small projects, below $1,000,000, are eligible for twice the percentage
awarded to other projects. Awards for all projects are paid out in equal installments over four
years after they are awarded.
Per correspondence with DEP officials in Summer 2021, based on the information provided in
Table 2, Brewster could potentially receive SRF funding on one or more 20-year loans, for the
planning projects, the installation of the septic treatment system at Captains Golf Course, and
the construction of the neighborhood wastewater facility. A total of $10,750,000 - $15,825,000
could be funded. If awarded SRF funding, there would then be funds available from the CCIWPF
to support the repayment of the SRF loans. Assuming a 25% payment of the cost of each
project (and 50% for projects under $1,000,000 in cost) a total of $2,875,000 - $4,162,500 could
be financed through the CCIWPF.
Conclusions – Summary of Next Steps
Reducing the nitrogen load to Pleasant Bay and developing a plan to restore pond water quality
are the two main water resource issues for Brewster. For Pleasant Bay, the extent of nitrogen
reduction that can be achieved at Captains Golf Course will determine the extent of wastewater
management needed in the watershed, either through a neighborhood wastewater treatment
plant, the use of nitrogen treatment technologies for onsite septic systems or a nitrogen trade
with another town in the watershed. For freshwater ponds, the Town is planning to develop
updated information on their water quality status. With that information, the primary goal is to
develop a program to upgrade septic systems along the pond shores to minimize impacts from
nitrogen and phosphorus.
Following additional data collection and technical analysis, decisions on these topics will need
to be made in the next 1-3 years and ongoing outreach is planned to obtain input from town
residents to help inform these critical policy decisions.
18
REFERENCES
Barnstable Clean Water Coalition. December 2021. Coalition Quarterly – Fall 2021 Newsletter.
https://bcleanwater.org/living-lab-cape-cod-blog/coalition-quarterly-issue-17-fall-2021/.
Cape Cod Commission, 2017. Watershed Report – Quivett Creek, Brewster and Dennis.
https://www.capecodcommission.org/resource-
library/file/?url=/dept/commission/team/Website_Resources/208/watershedreports/2017_Wa
tershed_Report_MC_Quivett_Creek.pdf .
Horsley Witten Group, Inc. July 2020. Pleasant Bay Alliance Task 1A: On-Site Denitrification
Systems Summary Report. Prepared with grant funding from the EPA Southeast New England
Program.
Horsley Witten Group, Inc. April 16, 2018. Memorandum - Updated Buildout Analysis for the
Pleasant Bay Watershed.
Horsley Witten Group, Inc. January 2013. Integrated Water Resource Management Plan - Phase
II Report
Horsley Witten Group, Inc. March 2015. Pleasant Bay Nitrogen Management Alternatives
Analysis Report.
Massachusetts Department of Environmental Protection. August 2018. Pleasant Bay Watershed
Permit 001-0.
Pleasant Bay Alliance. March 2018. Pleasant Bay Targeted Watershed Management Plan.
Town of Brewster Water Department, June 2021. 2020 Water Quality Report (CCR).
(https://www.brewster-ma.gov/departments-mainmenu-26/water-department-mainmenu-39)
University of Massachusetts Dartmouth School of Marine Science and Technology. May 2006.
Linked Watershed-Embayment Model to Determine Critical Nitrogen Loading Thresholds for
the Pleasant Bay System, Orleans, Chatham and Harwich, Massachusetts.
University of Massachusetts Dartmouth School of Marine Science and Technology. December
2008. Linked Watershed-Embayment Model to Determine Critical Nitrogen Loading Thresholds
for the Namskaket Marsh Estuarine System, Orleans, Massachusetts.
University of Massachusetts Dartmouth School of Marine Science and Technology. April 2011.
Linked Watershed-Embayment Model to Determine Critical Nitrogen Loading Thresholds for
the Bass River Embayment System, Towns of Yarmouth and Dennis, Massachusetts.
19
University of Massachusetts Dartmouth School of Marine Science and Technology. March 2013.
Linked Watershed-Embayment Model to Determine Critical Nitrogen Loading Thresholds for
the Herring River System, Harwich, Massachusetts.
University of Massachusetts Dartmouth School of Marine Science and Technology. June 2021.
Linked Watershed-Embayment Model to Determine Critical Nitrogen Loading Thresholds for
the Pleasant Bay System, Orleans, Chatham and Harwich, Massachusetts 2020 Update Final
Report.
Appendix A - 208 Compliance Reports 2021
The Cumulative Town Snapshot section summarizes
the funding snapshot categories since 2015
Complete or
Approved Partial Not Shared or
Not Approved Not AvailableSYMBOL
LEGEND
OTHER
LEGEND
The Cumulative Town Snapshot section summarizes
the funding snapshot categories since 2015
Progress shown is for the period from
November 2020 through November 2021
208 COMPLIANCE REPORT | 2021
Brewster
Town Team:
• Comprehensive
Water Planning
Committee
(dissolved 2015)
• Water Quality
Review Committee
• Town Planner
• Health Agent
• Natural Resources
Director
• Horsley Witten
Group
Collaborations:
• Pleasant Bay
Alliance
• Town of Chatham
• Town of Harwich
• Town of Orleans
• MassDEP
• Cape Cod
Commission
• SNEP Network
Town of Brewster
Town(s) with Joint Agreement
or Plan in Place
Priority Watershed
Watershed
28,910 kg N22,690 kg N
48,210 kg N40,201 kg N
Town of ALL PROPERTIES
SERVED BY
CENTRALIZED
SYSTEMS
-
Plans and permits in the priority watersheds as identified
by the 208 Plan Implementation Report in 2017.
*Bass River
watershed,
<1% nitrogen
allocation for
Brewster
**Swan
Pond River
watershed,
<1% nitrogen
allocation for
Brewster
*
**
PRIORITY WATERSHED PROGRESSTEAM
Team members engaged in water quality
planning efforts.
MS4 COMPLIANCE
12 Cape Cod towns are required to address
stormwater discharge under the MS4 Permit.
Towns with nitrogen impaired waters must meet
additional permit requirements.
TMDLTMDL
NON-
TRADITIONAL
PROJECTS
UNDERWAY
TOTAL FLOW
COLLECTED BY
CENTRALIZED
SYSTEMS
TOWN MEETING
APPROVED
FUNDING
CUMULATIVE TOWN SNAPSHOT SINCE 208 PLAN APPROVAL
GRANT
FUNDING
RECEIVED
3 -$612K $482K*
Subject to MS4 Permit
No Additional nitrogen related
requirements
In compliance with MS4 Permit
requirements
Plan In Place
Agreement In Place
Consistency Determination
Permits Issued
Plan In Place
Pleasant Bay Watershed Plan (2018)
Agreement In Place
Pleasant Bay IMA
Consistency Determination
208 Consistency Determination (2018)
Permits Issued
Watershed Permit (2018)
Pleasant BayHerring River (Harwich)
Current Attenuated
Watershed Load
Current Attenuated
Watershed Load
Complete or
Approved Partial Not Shared or
Not Approved Not AvailableSYMBOL
LEGEND
OTHER
LEGEND
Text color indicates that data made
available is 5 years or older
2016 201720192019Brewster
208 COMPLIANCE REPORT | 2021
WATER
USE
EMBAYMENT
MONITORING
PARCEL
DATA
ASSESSOR
DATA
TOWN
REGIONAL
DATA SHARING
STATUSTown of
IMPLEMENTATION
Actions taken relative to plan and project implementation and regulatory and town meeting actions.
FUNDING
Cape Cod and Islands Water Protection Fund Member Community
Actions taken during the reporting period to secure funding for water quality
improvement plans and projects.
Progress shown is for the period from
November 2020 through November 2021
TOWN IMPLEMENTATION ACTIONS LOCAL REGULATORY ACTIONS
Fertilizer By-Law in Place
Zoning Changes
• None in reporting period
Adoption of Regulations
• None in reporting period
Town Funding Actions
• 2021 Professional services for MS4 stormwater permitting and compliance
($80,000 Approved)
• 2021 Walkers Pond Water Quality Evaluation ($40,000 Approved)
• 2021 Pleasant Bay Fertilizer Impact Assessment at Captains Golf Course
($140,000 Approved)
• 2021 Integrated Water Resources Planning and Implementation ($75,000
Approved)
Grant Funding
• None in reporting period
Implementation Actions reflect unfunded municipal actions
such as, inter-municipal agreements, procedural approvals, and
committee actions.
• None in reporting period
* From Town Snapshot: grant funds reflect a decrease of $20k from the 2020 report, as a
grant was previously duplicated.
PROJECT STATUS Project Stage
Captains Golf Course Fertilizer Reduction
Captains Golf Course Fertigation
On-site Denitrification Systems
PRestoration
Project
Remediation
Project
Reduction
Project
Pilot
project
FEASIBILITY
IMPLEMENTATION
IMPLEMENTATION
Brewster Select Board
May 24, 2021
•Established by MA legislature in 2018 to help 15 Cape &
Island towns pay for wastewater infrastructure and water
quality remediation projects (Chapter 337 of the Acts of
2018) to meet the obligations of the 208 Plan
•Affiliated with existing state programs – Clean Water State
Revolving Fund and Clean Water Trust
•Funded through 2.75% additional surcharge added to all
lodging transactions (traditional and short-term rentals)
effective July 1, 2019
•Comprised of member representatives from each town –
must be TA/M, Town staff, or Select Board
•Cape Cod Commission provides support and technical
assistance
•Responsible for determining the subsidy allocation, including
equitable distribution among participating towns for projects
and debt relief
•Developed and adopted regulations and bylaws in Fall 2020
•Project must be eligible for SRF funding to receive a subsidy
from the CCIWPF
•CCIWPF regulations specifically identify eligibility:
•Innovative strategies and alternative septic systems
•Drainage improvements
•Projects to improve water quality in fresh water ponds
•Brewster has never participated in SRF loan program
•CCC is committed to assisting communities with SRF
•25% subsidy for new eligible projects in equal installments
over 4 years for Clean Water Trust loans
•25% subsidy for pre-existing projects in equal installments
over 10 years for already issued debt
•Expense assumptions:
•$65.9M in prior eligible debt – commitments made in April 2021
•Existing CWT loans ($30M in FY18; $65M in FY19; $24M in FY20;
$86M in FY21) – commitments made in April 2021
•$60M/year in new loans in FY22+
•2% project cost annual escalator
•Revenue assumptions:
•$9.1M actual FY20 revenues
•$15M estimated FY21 revenues
•$17.4M projected FY22 revenues (+16% from FY21 estimates)
•$19.1M projected FY23 revenues (+10% from FY22 projections)
•2.5% projected revenue increases in FY24+
•.5% investment earnings
•Brewster contributions to date: $1.4M
•Likely annual contribution of ~$1M based on recent lodging tax data
•Water Resource Planning - $75k/year (Free Cash @ Spring 2021 Town Meeting)
•Captain’s Golf Course Fertilizer Impact Assessment (Nitrogen Leaching Rate Study) - $140k (Free Cash @ Spring 2021 Town Meeting)
•Captain’s Golf Course Septic System Upgrade - $170k
•Neighborhood Wastewater Facility (or Nitrogen Trade) - ~$6M
•Road & Drainage Improvements - $200+k/year
•Alternative/Innovative Septic Systems (Phosphorus Mitigation) - $6-10M
•2.75% rooms tax on all lodging via CCIWPF, subject to disbursement of Management Board consistent with regulations & bylaws – current practice
•Free Cash appropriations – current practice
•2.75% rooms tax on all lodging via special act where Town would retain full control over revenues & expenditures – Town Meeting & State Legislature approval required
•Up to 3% community impact fee on short-term rentals (only) via local option – Town Meeting approval required (35% of revenues collected must be spent on affordable housing or infrastructure)
•Up to 3% Water Infrastructure Investment Fund (WIIF) tax on local property taxes – Town Meeting approval required
•Work with Town staff/consultants to finalize list of upcoming
Brewster water resource projects and associated costs
•Determine SRF eligibility of Brewster projects with Cape Cod
Commission
•Decide on preferred approach to funding future Brewster
water resource projects
2021 ANNUAL REPORT
CAPE COD AND ISLANDS
WATER PROTECTION FUND
PREPARED FOR:
Chairs of the Joint Committee on Environment,
Natural Resources and Agriculture
Senate:
Rebecca L. Rausch, Chair
James B. Eldridge, Vice Chair
24 Beacon Street, Room 218
Boston, MA 02133
House:
Carolyn C. Dykema, Chair
Mindy Domb, Vice Chair
24 Beacon Street, Room 473F
Boston, MA 02133
Cape Cod and Islands Legislative Delegation
Senator Julian Cyr
24 Beacon Street, Room 312-E
Boston, MA 02133
Senator Susan L. Moran
24 Beacon Street, Room 506
Boston, MA 02133
Representative David T. Vieira
24 Beacon Street, Room 167
Boston, MA 02133
Representative Kip A. Diggs
24 Beacon Street
Boston, MA 02133
Representative Sarah K. Peake
24 Beacon Street, Room 7
Boston, MA 02133
Representative Timothy R. Whelan
24 Beacon Street, Room 542
Boston, MA 02133
Representative Dylan A. Fernandes
24 Beacon Street, Room 472
Boston, MA 02133
Representative Steven G. Xiarhos
24 Beacon Street
Boston, MA 02133
PREPARED BY:
Cape Cod Commission, on behalf of the
Cape Cod and Islands Water Protection Fund
Management Board
3225 Main Street
P.O. Box 226
Barnstable, MA 02630
January 2021
CAPE COD AND ISLANDS WATER PROTECTION FUND 2021 ANNUAL REPORT
3
The Cape Cod and Islands Water Protection Fund (CCIWPF) was established by the Massachusetts
Legislature in 2018 (M.G.L. Chapter 29C, Section 19) to help Cape Cod and Islands towns pay for
necessary wastewater infrastructure and water quality remediation projects. Creation of the CCIWPF
was the result of efforts by a diverse set of stakeholders, including the Cape Cod and Islands
Legislative Delegation, local officials, environmental groups, business leaders, and the Cape Cod
Chamber of Commerce, who recognized the need for new financial tools to address the region’s
degrading water quality and lack of wastewater infrastructure.
The CCIWPF is a dedicated fund within the Massachusetts Clean Water Trust set up to solely benefit
communities within the counties of Barnstable, Dukes, and Nantucket. Its source of revenue is a
2.75% excise tax on traditional lodging and short-term rentals. The fund is administered by the
Clean Water Trust and overseen by a management board comprised of representatives from every
member town from the region. Currently, the 15 Cape Cod communities are members of the
CCIWPF.
The Cape Cod and Islands Water Protection Fund Management Board (Board) was established by
M.G.L. Chapter 29C, Section 20. The Board is responsible for determining the method for allocating
subsidies from the fund, including, but not limited to, an equitable distribution among participating
municipalities consistent with revenue deposited from each municipality into the fund. The Board Is
also responsible for ensuring that the Water Protection Fund is spent only for the purposes set forth
in M.G.L. Chapter 29C, Section 19.
This report has been prepared pursuant to M.G.L. Chapter 29C, Section 20, Cape Cod and Islands
Water Protection Fund Management Board.
CAPE COD AND ISLANDS WATER PROTECTION FUND 2021 ANNUAL REPORT
4
CCIWPF Revenue
As received from the Department of Revenue through the Clean Water Trust, fund revenue to date
(July 2019 through November 2021) totals $39,337,123.18. Income generated by the fund for this
period totals $95,312.05.
Subsidies for projects listed on Intended Use Plans for the Clean Water State Revolving Fund dating
back to the creation of the CCIWPF (2018) will be paid over 4 years, while subsidies for eligible pre-
existing debt incurred for clean water projects that pre-date the CCIWPF will be paid over 10 years.
Subsidy awards made to date are described below. The Year 1 transfer from the Clean Water Trust
totals $13,708,673, as detailed in the Expenses and Project Summaries section below. The balance of
the fund at the end of the calendar year 2021 is $25,723,762.23.
CCIWPF Amounts
Revenue to Date $39,337,123.18
Fund Income to Date $95,312.05
Year 1 (2021) Transfer $13,708,673.00
Balance $25,723,762.23
Expenses and Project Summaries
On April 14, 2021 the Board voted to award the first set of subsidies to qualified and eligible water
quality projects in several Cape Cod towns. Per the regulations established by the Board in 2020,
projects in excess of $1 million received subsidies equal to 25% of the project costs. Projects of $1
million or less received 50% subsidies.
Projects eligible for funding include, but are not limited to, innovative strategies and alternative
septic system technologies, water quality and wastewater management planning, the construction
of sewer collection systems and wastewater treatment plants, and the implementation of drainage
improvements and water treatment programs to improve water quality in freshwater ponds and
marine resources. Member communities must go through the Clean Water State Revolving Fund
program, or SRF, and be listed on the Clean Water SRF Intended Use Plan (IUP) to receive funds.
Contingent commitments are made upon release of the annual IUP. Final commitments are made
following execution of a Project Regulatory Agreement (PRA).
CAPE COD AND ISLANDS WATER PROTECTION FUND 2021 ANNUAL REPORT
5
Final Commitments for 2018 and 2019 Intended Use Plans Projects
Town IUP Year Description Project Cost Total Subsidy
Chatham 2018 Phase 1D – Chatham/Harwich
Regionalization $8,174,858 $2,043,715
Chatham 2019 Sewer Extension $1,324,983 $331,246
Harwich 2018 Harwich Sewer Collection System –
Phase 2 $22,214,467 $5,553,617
Bourne 2019 Buzzards Bay Wastewater Treatment
Facility $4,660,410 $1,165,103
Orleans 2019 Downtown Area Collection System and
Wastewater Treatment Facility $59,409,200 $14,852,300
Totals $95,783,918 $23,945,981
Contingent Commitments for 2020 and 2021 Intended Use Plans Projects
Town IUP Year Description Project Cost Total Subsidy
Barnstable 2020 Wastewater Pump Station
Improvements Project $1,000,000 $500,000
Barnstable 2020 Strawberry Hill Road Sewer
Expansion $13,275,023 $3,318,756
Barnstable 2020 Route 28 and Yarmouth Road
Intersection Sewer $1,853,762 $463,441
Barnstable 2020 Solids Handling Upgrade Project $8,495,050 $2,123,763
Chatham 2021 Chatham Queen Anne Pumping
Station Upgrade 2021 PE $2,464,000 $616,000
Chatham 2021 Chatham Stormwater Improvement
Projects - 2021 $6,161,000 $1,540,250
Barnstable 2021 Route 28 East Sewer Expansion
Project $17,106,000 $4,276,500
Barnstable 2021 Wastewater Pump Station
Improvements Project $2,000,000 $500,000
Mashpee 2021 Mashpee WRRF and Collection
System - Phase I $51,200,000 $12,800,000
Falmouth 2021 Falmouth Wastewater Treatment
Facility TASA Improvements $19,000,000 $4,750,000
Totals $122,554,835 $30,888,710
CAPE COD AND ISLANDS WATER PROTECTION FUND 2021 ANNUAL REPORT
6
Pre-Existing Debt
Consistent with the provision in M.G.L. Chapter 29C, Section 19, certain Cape Cod and Islands
communities are eligible for subsidies for debt incurred for water pollution abatement projects
apart from the Clean Water Trust prior to the establishment of the CCIWPF. On April 14, 2021, the
Board voted to award subsidies for pre-existing debt to the towns of Barnstable, Chatham,
Falmouth, and Provincetown, subject to verification of eligibility. In April 2021, estimated pre-existing
debt totaled approximately $65.9 million, 25% of which would be subsidized through the fund, per
the unanimous vote of the Board.
Town Estimated Pre-Existing Debt
(April 2021)
Estimated Total
Subsidy
Provincetown $19,198,453 $4,799,613
Barnstable $3,958,400 $989,600
Chatham $34,619,778 $8,654,945
Falmouth $8,113,640 $2,028,410
Totals $65,890,271 $16,472,568
Upon verification, the final pre-existing debt and subsidy amounts are presented below.
Town Eligible Pre-Existing Debt Total Subsidy
Provincetown $11,729,661 $2,932,415
Barnstable $4,842,300 $1,210,575
Chatham $21,391,410 $5,347,853
Falmouth $7,675,200 $1,918,800
Totals $45,638,571 $11,409,643
Administrative Expenses
The Cape Cod Commission is charged with providing administrative and technical support to the
Board. On behalf of the Management Board, the Commission contracts with consultants to provide
additional financial and legal support, as necessary and requested by the Board. Costs associated
with this support from January 2019 through November 2021 total $112,057.30, as detailed below.
At their December 14, 2021, the Board’s Executive Committee voted to recommend the Board
reimburse the Commission for these expenses. It is anticipated the Board will vote on this matter in
early 2022.
CAPE COD AND ISLANDS WATER PROTECTION FUND 2021 ANNUAL REPORT
7
Expenditures Amount
Cape Cod Commission Personnel
Salaries, including fringe benefits and indirect costs $38,352.30
Contractual Services
Pierce Atwood – legal $44,455.00
PFM Financial Advisors $29,250.00
Total Expenditures $112,057.30
5-Year Revenue Projections
The Board, through Barnstable County through the Cape Cod Commission, contracted with PFM
Financial Advisors to provide advisory services relative to subsidy allocations and revenue
projections. In consultation with the Board and based on their expertise in forecasting and financial
modeling, PFM Financial Advisors developed the following 5-year revenue projections. Growth in
revenue is anticipated to be greater in 2022 and 2023, as a result of increased short-term rental use
over the course of the COVID-19 pandemic.
2021 2022 2023 2024 2026 2027
Revenue $15,000,000 $17,400,000 $19,140,000 $19,618,500 $20,108,963 $20,611,687
Revenue Growth 16.00% 10.00% 2.50% 2.50% 2.50%
In summary, the Cape Cod and Islands Water Protection Fund receipts through November 2021
totaled $39,337,123.18. In 2021, the CCIWPF Board voted to award subsidies for 15 projects and to 4
towns for pre-existing debt. The total transferred from the CCIWPF in 2021 for project subsidies
totaled $13,708,673. With the addition of fund investment income totaling $95,312.05, the balance
of the fund at the end of the calendar year 2021 was $25,723,762.23.
CAPE COD AND ISLANDS WATER PROTECTION FUND 2021 ANNUAL REPORT
8
At their meeting on January 11, 2022, the CCIWPF Board voted to approve final commitments for
subsidies to fund qualified projects listed on the 2020 Clean Water State Revolving Fund Intended
Use Plans, for which Project Regulatory Agreements have been executed in the amounts of:
Town Project Project Cost in PRA Total Subsidy
Barnstable Solids Handling Upgrade Project $11,313,805 $2,828,451
Barnstable Wastewater Pump Station
Improvements Project $1,226,751 $306,688
Barnstable RTE 28 Yarmouth Rd Sewer $1,731,512 $432,878
Barnstable Strawberry Hill Road Sewer
Expansion $12,289,531 $3,072,383
The CCIWPF Board also voted to approve final subsidies to qualified and eligible town projects for
verified pre-existing debt in the towns of Barnstable, Chatham, Falmouth, and Provincetown in the
amounts of:
Town Eligible Pre-Existing Debt Total Subsidy
Provincetown $11,729,661 $2,932,415
Barnstable $4,842,300 $1,210,575
Chatham $21,391,410 $5,347,853
Falmouth $7,675,200 $1,918,800
Totals $45,638,571 $11,409,643
Lastly, the CCIWPF Board voted to approve additional subsidies for authorized debt and debt that
was not issued as of April 14, 2021 in the amounts of $1,478,010 for Provincetown, pending loan
issuance and closure, and $803,750 for Chatham, as show below:
Town Amount Status Total Subsidy
Provincetown
$1,651,000 Pending Loan Closure
$1,478,010 $2,486,000 Pending Loan Closure
$1,775,041 Pending Issuance
Chatham
$1,850,000 Closed 5/27/2021
$803,750 $235,000 Closed 5/27/2021
$1,130,000 Closed 5/27/2021
These subsidies, and any transfers or payments made related to these subsidies, will be reflected in
the 2022 annual report.
Finance Committee Minutes
February 2, 2022 Page 1 of 4
TOWN OF BREWSTER
FINANCE COMMITTEE
Date: February 2, 2022 Time: 6:00 PM
VIRTUAL MEETING MINUTES
Present: Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Honey Pivirotto, Robert Tobias,
Alex Hopper, Bob Young, William Henchy
Also present: Peter Lombardi, Town Administrator; Mimi Bernardo, Finance Director
Absent: Andy Evans
The Chair called the meeting to order at 6:02 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.
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video
recording (tv.brewster-ma.gov).
1. Public Announcements and Comment- none
Pete wanted to mention that the Interim Nauset Regional Superintendent has been appointed permanent
Superintendent. Congratulations.
2. Town Administrator/Finance Director Report
Peter Lombardi said the storm was a significant winter weather event. We did well, all things considered, and
want to acknowledge the DPW for all their efforts over the weekend. The white-out conditions made it very
difficult even for the crews to be out for several hours. They did a great job in a very difficult situation. It has
been a struggle hiring private plowing contractors over the last several years, for a variety of reasons. A good
number of our staff in other departments, Natural Resources, Golf, Water, were all out there on their own routes
manning a plow. This is tremendous and speaks to a small-town infrastructure. Kudos to them. Chief Moran did
a really great job as Emergency Management Director. We had a warming/charging station at Town Hall on
Sunday for a 5+ hours. We didn’t have many people come in. EVERSOURCE was very strong in
communication with the Town and generally got power back quickly on Sunday. The Select Board approved
deficit spending in the Snow and Ice Budget. Our ARPA allocation was a little over $1M in direct funding and
another $1.9M of Brewster’s allocation by population that has been directed to the county. The county is going
through a process on how their portion of those funds are allocated. Last week, we had Barnstable County
officials in. Because the US Treasury made modifications to their final rule, we have a lot more discretion. We
would like to see 100% of those funds directed to the Town. They would make a huge difference. We have the
Sea Camps coming online and even in the interim, there are costs associated with the property. The CPC is
developing a 5-year Community Preservation Plan. Part of the scope of work is the extent to which it might
make sense to make modifications to the CPA allocation formula. We are working with Town Counsel to see
Approved:
VOTE:
Finance Committee Minutes
February 2, 2022 Page 2 of 4
what that might look like and how a ballot initiative might be necessary to make that change to the bylaw. The
Select Board approved the 2022 member rates for the Captain’s Golf Course on Monday night. We will get into
the budget next week. We would like to transition into an Enterprise Fund for FY23. We spent a fair amount of
time developing next year’s budget up to the 10-year Capital outlook. We have added a new expense line to
include a new Capital Stabilization fund, funded at $400,000 and, presumably, that amount will be included in
this year and next to build up to $800,000 and then the debt will come online for either the irrigation project
and/or the maintenance facility in 2025. Bill Meehan said if you take the longer view on the progress for the
Golf Operation, you will have to categorize it as “a new dawn is coming.” This is a very vital operation, and he
couldn’t be more pleased with the progress they have made and what is to come.
3. Integrated Water Resource Management Plan – Financial Impacts
Pete said after listening in to the Select Board meeting, there were a lot of large numbers being discussed, and
wonders what imminent financial impacts there will be on the horizon. Peter Lombardi said the high points in
terms of finances is in a table in the report in the packet. One side covers all the known or anticipated costs with
Pleasant Bay watershed permit. In the near term, we are talking about just the first couple of projects. We have
a standing $75,000 line item in the budget for Horsley Witten and our participation in the Watershed Alliance
for water quality planning work. We have one capital request to upgrade the Captain’s Golf Course septic
system - $200,000 is on the high end for what we believe that project will cost. The bigger picture is there are
some additional nitrogen mitigation requirements under that permit. Order of magnitude, we are around 75% of
the way there already. There is still some gap. There are a number of ways we can get there. We could go into a
neighborhood wastewater sewage system estimated at $10M-$15M. We are looking at all possible options.
Obviously if there is a sewar system there is operating expenses the town would assume going forward. On the
Pond Side, we have near term capital expenses – $50,000 for an updated report on pond water quality. Then
there is the pilot program to install innovative alternative septic systems around the pond and then determine the
efficacy of those systems in terms of nitrogen and phosphorous mitigation estimated at $300,000. These would
happen in the next year to 3 years. Big picture costs on the pond side would be upgrading buffer systems to
innovative alternatives would cost between $12M-$15M. Based on the discussion of the Select Board is the
extent to which Brewster remains in the Cape and Islands Water Protection Fund. Brewster contributes about
$1M/year to that wastewater fund and this goes directly to the State and is distributed by the Board. We have
contributed $2.6M in the past 2.5 years, and they are estimated to go up. When you look at all our projects, of
the $31M in total costs, we would be eligible for a little under $4.2M in direct reimbursement over the next 10–
15-year period. The Select Board is going to explore opting out of the Cape and Islands Water Protection Fund
as early as this May. We are looking at different funding scenarios.
Frank was very impressed with the presentation. What hit home for him was that the fact that the data on the 80
ponds in Brewster was so dated – 2007/2009. A lot of our Brewster ponds have been compromised, but when
we compile the recent data and get a more accurate assessment of the condition of the ponds, preventing a pond
from becoming compromised is a lot less expensive than fixing it once it is compromised. He is way more
concerned about the conditions of the ponds in Brewster, and we need to act on that now. Peter Lombardi said
we are subject to a regulatory permit and must meet certain standards in that permit and that is what a lot of our
attention has been focused on. There is a pilot program in Barnstable and once they get through the next three
years, they will consider those technologies for general use approval. DEP doesn’t necessarily recognize the
data until they feel more comfortable with it. He also said in answer to Frank, the data was in 2009. Our next
capital request is to pull that information together to develop a more refined plan around the ponds in the
coming years.
Pete wondered what the process was to withdraw. Peter answered it is a Town Meeting vote.
Finance Committee Minutes
February 2, 2022 Page 3 of 4
4. Budget Calendar – Discussion and Approval
Pete said these are important meetings. Frank will be taking the lead on them because Pete may not be
available. Peter Lombardi said we are on for Monday at 6 and it is an 8:30 start on Wednesday am. We are
transitioning away from the traditional budget book set up for the open gov online budgeting platform this year.
We will be providing access to the public link to the budget book. All the materials will be available online
including supporting documents. It has been a tremendous amount of work to transition to this format. We think
it will be worthwhile, but it is always a heavy lift to getting it up and going. Pete asked with the new budget
platform, is there a point where the data is frozen. Peter Lombardi answered the intent is that it will be live and
in real time. Once we get into middle of March, the Warrant will be printed, and it will be done. We don’t
anticipate much change after our presentations next week. It will be more of a real time budget document. It’s
not like you must wait for a packet, you will be able to see the latest information right away.
5. Nauset Regional Public Schools Budget – Discussion and Strategic Direction
Pete sent out the updated questions the committee wants to be sent to the school. Having been on a school
committee before, you don’t want to be spending money on permanent issues that will sunset in a year or two.
This creates a roadmap of how we would like them to respond. Bill Meehan thinks the assembly of the
questions are good – they are good questions and comprehensive. If we get cogent comprehensive answers to
these questions, we will be light years ahead of where we were last year. Bob Young was wondering if we were
going to get the Select Board on board and how we go about that. Peter Lombardi said that on Monday they
have included an agenda item to talk about these questions.
6. Nauset Regional Public School and Brewster School Department – Budget
reconciliation
No further discussion from above Agenda item.
7. Liaison Assignments and Reports
Bay Property Planning Committee and the Pond Property Planning Committee. With each of these there will be
significant work and meetings and time and reporting back to the Finance Committee. He has three members
who have reached out to him expressing an interest in being involved. The charge for these committees was
included in the packet. The charge for the Bay Property Planning Committee will be very significant. Pete’s
plan is to conduct a vote of the committee for each of the assignments. These are significant committees which
will be significant in time spent. Peter Lombardi said estimates would be 2x/month for at least 2 years; on the
Pond side we think that will go a little more quickly as the majority of the property would have a conservation
restriction on it, so that process will begin to meet on a bi-weekly basis, but the timeline will be a little quicker –
1-1.5 years.
Bill Meehan would happily accept an appointment to either committee.
Frank Bridges is open to both as well.
Bill Henchy feels same.
Bill Henchy has agreed to take the charge for the Nauset Regional School Committee as the liaison for the
Finance Committee. He is happy to do it but wants to be effective in that role working through greater
Finance Committee Minutes
February 2, 2022 Page 4 of 4
transparency and understanding their process. He hopes to have the support of the Select Board in doing so for
overall success.
Pete will announce the decision next week as the Committee didn’t feel comfortable voting.
Reports:
Honey said on the Council on Aging (COA), the Director, Denise Rego, will be leaving in one year. The
Program Manager, Lisa Donovan, is leaving in the next couple of weeks, as she has also given her notice. She
therefore was wondering if anything was coming up there. The Board of Health reached out asking for
assistance in reaching people over 65 (about 500 people) to make sure they received all the vaccinations. Peter
Lombardi said that the COA personnel, Denise has given notice and we will miss her. The benefit of her giving
that much notice is that we will have a long lead time in making sure we have a good succession plan in place.
Lisa Donovan, the Director of Social Activities is going back to what she had done previously. That position is
one of the 4 approved with the override a few years ago. No major plans to restructure the COA at this time.
Robert Tobias said the Brewster Affordable Housing Trust (BAHT), last year we put in request for proposals
for the Millstone Road Community Housing Project. Two were returned, one incomplete, the other was from
the Preservation for Affordable Housing jointly with the Housing Assistance Corporation. Their presentation
will be given tomorrow evening at the BAHT meeting at 5PM. He recommends the committee attend if
interested.
8. Review and Approval of Minutes – 1/19/22
Bill Meehan MOVED to accept the Minutes as presented. Bill Henchy second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Honey Pivirotto – yes, Robert Tobias – yes, Bob
Young – yes, Alex Hopper – yes, Bill Henchy – yes, Chair Pete Dahl– yes.
The Committee voted: 8-yes 0-no
9. Request for agenda items for future meetings – please email Pete
10. Matters Not Reasonably Anticipated by the Chair- none
11. Next Finance Committee Meetings- Monday, 2/7/22 at 6PM & Wednesday, 2/9/22 at
8:30AM
12. Adjournment
Bill Meehan MOVED to adjourn the meeting at 7:32 PM. Frank Bridges second.
Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Honey Pivirotto – yes, Robert Tobias – yes, Bob Young
– yes, Alex Hopper – yes, Bill Henchy – yes, Chair Pete Dahl– yes.
The Committee voted: 8-yes 0-no
Respectfully submitted, Beth Devine
Packet of supporting materials on the website for public review.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.07.2022 www.brewster-ma.gov Page 1 of 7
Office of:
Select Board
Town Administrator
MINUTES OF THE JOINT MEETING WITH SELECT BOARD & FINANCE COMMITTEE REGULAR SESSION
DATE: February 07, 2022
TIME: 6:00 PM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Chair Bingham, Selectperson Whitney, Selectperson Hoffmann, Selectperson
Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, Mimi
Bernardo, Finance Committee members: Frank Bridges, William Meehan, Honey Pivirotto Andrew Evans,
William Henchy, Robert Tobias, Robert Young
ABSENT: Selectperson Chaffee, Finance Committee Chair Pete Dahl
Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 6:00pm. A quorum was declared, and all Select Board members
present were announced. Finance Committee Vice Chair Bridges declared a quorum and announced the
Finance Committee members present. Chair Bingham read the meeting participation and recording
statements.
Public Announcements and Comment: None
Select Board Announcements and Liaison Reports: None
Town Administrator’s Report:
Mr. Lombardi stated he has nothing to report at this time.
FY23 Budget Overview Presentation and Discussion (Select Board FY22-23 Strategic Plan Goal G-6)
Mr. Lombardi shared the presentation that is in the packet on pages 2-18. This is a high-level overview of the
FY23 budget presentation, on Wednesday February 9th each department will be presenting their budgets to
the Select Board and Finance Committee. Town Administration and Finance Director provided a financial
forecast starting off the budget process about 2 months ago, meeting with department heads and going
through their FY23 budgets. Mr. Lombardi noted this as a collaborative team effort, acknowledging the work
of Finance Director Mimi Bernardo and Assistant Town Administrator Donna Kalinick.
The highlights of the presentation included:
Review of Updated Revenue Assumptions:
o New Growth- projected at $225k
o State Aid (cherry sheet)- 16% increased from FY22 actuals; unrestricted general government
aid is up 2.7%, consistent with Gov. Baker’s proposed state budget and Brewster’s Chapter 70
(State aid for education purposes) allocation for FY23 is increasing to over $300k.
o Local Receipts- 7.6% increase from a conservative FY22 assumption (area of most increase is
motor vehicle excise)
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.07.2022 www.brewster-ma.gov Page 2 of 7
Office of:
Select Board
Town Administrator
o Short-term Rental Revenues- $250k increase to $750k, the second year these revenues are
included. This is based on FY21 actuals of $1+M, totals so far this FY for the first two quarters
is almost $1.4M based on data from the Department of Revenue.
o Ambulance Receipts- $74k decrease to $722k due to one-time reduction in lease payments;
contributes about 25% of total Fire Department operating expenses
o Water Indirects- $34k increase to $193k to better reflect actual services provided
o Golf Indirects - $76k increase to $205k to better reflect actual services provided
o New Solar Revenues-now at Captains Golf Course main parking lot and driving range
$20k per year to the General Fund to help support cost for an Energy Manager
Projected $65k increase to Golf Department
o New Marijuana Revenues (anticipated facility opening by Fall 2022)- $0
Mr. Lombardi mentioned that we had projected $49.5M in FY23 revenues to the General Fund in our
forecast, the budget now is built on a $49.6M revenue stream for FY23.
Summary of Expense Drivers and Major Changes
o Cape Cod Tech
Significant enrollment increase, doubled in past two years. Increased from a 4.7%
share of operating budgets to 9% in terms of assessment; Proposed 35% assessment
increase
o Nauset Regional
Projected 2.5% operating increases (plus .5% for potential enrollment increase);
Proposed 6% operating increase, there was a 1.6% reduction in student enrollment,
our net assessment is due to increase to 4.1%.
o Brewster Elementary Schools
Projected 3% increase; proposed 2.5% increase for both Eddy and Stony Brook
Noteworthy FY23 Budget expense drivers
o Health Insurance
Projected 5% overall increase (plus elimination of one-month premium holiday in
FY22); actual 3% premium increase (no premium holiday)
o Pension
Projected 9% increase; actual 4.2% increase based on experience
o Transfers Out
Projected $200k increase to Affordable Housing Trust & Capital Stabilization (Short-
term rental revenues); actual $300k increase, including +$100k for a new Brewster
Special Education Stabilization Fund
o Town Personnel
Projected 2.75% COLA, 3% step increases, plus compensation and classification study
implementation; actual 5.8% increase
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.07.2022 www.brewster-ma.gov Page 3 of 7
Office of:
Select Board
Town Administrator
o Town Expenses
Projected 2% increase (not including health insurance and pension), actual 2.4%
increase (including health insurance and pension but not Sea Camps), actual 3.7%
increase (all -inclusive)
o Total Town Operating Expenses
Actual 3.75% increase (not including Sea Camps), actual 4.8% increase (including Sea
Camps)
Presentation of Proposed Budget Initiatives
o Purchase of the Sea Camp properties
Short-term Debt due to increase by $50k to $300k due to our plan to pay down $400k
balance of other short-term debt obligations this coming Spring with available funds,
this is on the Long Pond property. The $650k balance for this property to be paid by
short-term debt over next 2-3 fiscal years.
Excluded Debt- $1.28M gross to acquire the Bay property ($20M total cost). Year 1
payment of 30 due next fall, excluded debt is anticipated to increase by a little over
$1.25M. Our annual payments in FY24 and beyond will be a little under $1M.
Sea Camps Property Management (short-term property plan)- gross impact of new
expenses $203k, includes salary and health benefits for property manager, insurance,
utilities, maintenance, and irrigation.
Original $200k Town Meeting appropriation in September 2021 will cover all
FY22 operating expenses, plus FY23 septic costs.
Short-term revenue allocation policy, which sets aside up to 10% of funds to
cover operating budget expenses directly related to goals and initiatives in the
Select Board strategic plan. Including $75k of revenues to cover some of the
costs associated with these expenses.
Proposed Staffing Enhancements at $52k net impact on FY23 General Fund budget
Public Health Nurse- $0k net due to proportional reduction in VNA expense.
Seasonal Natural Resources Dept Staffing (2)- $5k net / $10k gross.
Shared Town Hall Administration Assistant - $25k.
Planning Office Administrative Assistant - $8k (increase hours from 19 to 5
hours, total budget impact of $19k including health insurance).
Assistant Town Accountant - $3k net / $4k gross (increase hours from 35 to
37.5 for new hire).
Teen/Young Adult Librarian - $6k net/$12k gross (increase hours from 27 to
35).
o Creation of new Brewster Schools Special Education Stabilization Fund
Intended to serve as a reserve fund for unanticipated special education and out of
district tuition/transportation expenses.
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.07.2022 www.brewster-ma.gov Page 4 of 7
Office of:
Select Board
Town Administrator
Can be approved by a vote of the Brewster School Committee and Brewster Town
Meeting, no Special Act required. Would require majority approval of both Brewster
School Committee and Select Board.
Proposing a $100k transfer to the new fund through Chapter 70 state aid annual
increases and unexpected additional levy capacity.
o Other ongoing budget initiatives
Continue to invest new short-term rental revenues in housing and long-term tax relief
$375k to Brewster Affordable Housing Trust
$300k to Capital Stabilization Fund to help mitigate tax impact of future major
Town capital projects
Continuing commitment to address Town’s unfunded Other Post-Employment Benefit
(OPEB) liability- $300k total FY23 appropriation to Trust Fund
Continuing to increase investments in technology and infrastructure/cybersecurity-
$76k gross ($54k net after increase in Golf/Water indirects)
FY23 Budget Summary
o Estimated FY23 General Fund revenue totals: $49,619,054
o Projected FY23 General Fund operating appropriations: $49, 591, 078
o Estimated available FY23 levy capacity: $28k
There was discussion regarding the indirect costs, Mr. Lombardi noted that the Water Department is
formally established as an enterprise fund, and we are planning on doing the same for the Golf Department
in FY23. One of the requirements as an enterprise fund is that the department be charged for time and
materials that are provided by general fund departments and employees such that they are paying for the
full costs of actually operating their departments and accounting for those costs in their operating expenses.
The indirect calculations have been divided to drill down on each employee and what percentage of their
work week on average supports water and golf, at the low end 2.5% and at the very high end 10%. Various
departments as well as water and golf department heads have supported the indirects as calculated. Mr.
Meehan stated that cost controls in any enterprise are vitally important and would like to see more detail to
the point in saying that the services these enterprises could provide themselves at a lower cost. Mr.
Lombardi noted that any enterprise funds that are small, typically rely on general fund employees to provide
services, it was reviewed if services provided in house were more effective. Adding that with the golf
department we finally hired a full-time administrative assistant for a $4M operation, makes sense to have
this done by someone in the golf department.
Mr. Lombardi provided clarification on the Brewster Schools Special Education Stabilization Fund; this new
fund is meant to deal with unanticipated expenses that otherwise hadn’t been budgeted in a particular fiscal
year. These are issues that were not known at the time the budget was developed. Accountability for the
expenditure from the funds are through a joint vote by Select Board and Brewster School Committee and
appropriations to the fund are approved by Town meeting. Responding to a question from Mr. Tobias
regarding the use of the Special Education Stabilization Funds versus regional funding, Mr. Lombardi stated
that excess and deficiency by the region is only available by appropriation to regional expenses, that would
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.07.2022 www.brewster-ma.gov Page 5 of 7
Office of:
Select Board
Town Administrator
be a scenario where there was significant unanticipated special education at the regional level, this couldn’t
be applied if we ran into the same scenario at the elementary school level. Noting that this fund is specific to
our elementary schools.
Mr. Young requested clarification on the ambulance receipts. Mr. Lombardi reviewed that the ambulance
receipts are used as an appropriation to build the general fund operating budget, since the lease payment is
dropping off for FY23, we would not seek to use as much money from this account to fund the general fund
budget next year. Mr. Young asked to see the beginning balances of where we are today, the planned
additions to the funds (affordable housing trust and capital stabilization), the expected or planned uses and
the estimated ending balance at the end of the fiscal year. This is to understand the long-term goal of where
we are going to set the target balance for these stabilization funds. Commenting that there has to be a goal
in terms of what size these funds should be, how to sustain them and the plans for the revenues that will get
freed up once we get to a point of the appropriate balance and the sustainability at the balance. Mr.
Lombardi shared that this information will be available in the budget meeting schedule for tomorrow, there
is a page specific to the transfers to the trust and capital stabilization which will show the starting/ending
balance and appropriations by fiscal year. Additionally, there will be a presentation of the 5-year capital plan
that will review the use of capital stabilization funds at a meeting next Wednesday. Mr. Lombardi noted that
as of today there is no plan on utilizing any funds from capital stabilization until at least FY25 potentially
FY26, right now the only use of funds would be for the library renovation project at $2.5M. By that time, we
should have at least $2M, in the financial reserves policy we have capped our appropriations to capital
stabilization at 10% of the then operating budget. There have been talks about developing an operating and
capital plan for the Affordable Housing Trust, should have more detail on this by end of this fiscal year. Ms.
Kalinick added that the Affordable Housing Trust did set their goals and priorities for FY22, at the top of the
list is to create a 5-year financial plan.
Mr. Henchy inquired if the budget anticipates any use of free cash. Mr. Lombardi confirmed that we do not
plan on using free cash to support our operating budget. Mr. Henchy asked the comfort level given a $49.6M
budget with an upside of the levy limit of about $28k? Mr. Lombardi responded that typically once the
budget process is completed, we have anywhere from $20-$50k of available levy capacity. Noting that the
Town is very diligent and thorough in going through revenue projections and are generally pretty
conservative on this front. To fund our capital plan, our plan relies on the assumption that we will have at
least $1.75M a year to cover capital expenses, we typically try to close out the free cash balance at or above
$1M. Mr. Lombardi stated that when looking at the $1M starting balance and the $1.75M free cash for
capital, means you typically must land at or above $3M a year in certifying free cash. The Town feels very
confident in the assumptions made on the revenue side as this is really where decision points are in terms of
building capacity.
There was a small discussion regarding the pension expense, it was noted that the school is up significantly
more based on the language applied, the experience is a snapshot of what the school department employees
are at a given time in September of each calendar year and where they were a year before that. Mr.
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.07.2022 www.brewster-ma.gov Page 6 of 7
Office of:
Select Board
Town Administrator
Lombardi stated that it may well be that next year this could drop off significantly. Part of the reason of the
FTE (full time equivalent) count at elementary schools, which is what is driving the pension number.
Mr. Lombardi reviewed the set up of the budget book, the Finance Committee will receive a link to the book
tomorrow for the budget meetings. Once this link is live, it will include real-time information for our
residents to access. The Town Planner position was reviewed, the position is still open, and we have hired a
part-time, interim Town Planner for the next three months, Charleen Greenhalgh.
Follow-up Discussion on Approach to FY23 Nauset School Budgets (Select Board FY22-23 Strategic Plan
Goal G-1)
Del Borah was given the opportunity to make comments about his view of school choice by the Nauset
Regional School Committee. Mr. Borah has presented at the Regional School Committee meetings three
different times regarding school choice, at his October appearance he requested the school choice figures.
And just last week Mr. Borah requested an open discussion about school choice, this has not yet been placed
on their agenda. He believes communication has only been one way and at only three minutes at a time.
Mr. Borah commented that over the past 10 years or so the budget is up 30% while the enrollment in the
four towns in the region is down 20%. Adding that while it is true that each choice student brings in a small
tuition, Mr. Borah thinks that in order to create the necessary open seats, the school committee had to have
spent several dollars of the money that we provide, for every dollar of school choice tuition it receives.
Adding that he thinks the key here is that the school choice tuition doesn’t reduce our assessment, it adds to
the dollars the school committee has to spend, all of this leads him to ask why should the Towns continue to
approve an increasing Nauset School Budget? In closing, Mr. Borah stated that he absolutely wants Nauset to
have a budget that can provide a top-notch education to our kids, but also wants the money we provide to
be spent on our kids. His suggestion is that Brewster think about using whatever leverage the annual Nauset
budget process gives us, to hold the line on the budget until we get to a school that uses school choice at a
level that is consistent with the state average.
Vice Chair Bridges referenced the Finance Committee questions included in the packet regarding the Nauset
Region School Operating budget, these questions are designed to help understand the budget presentation
that has been prepared. Noting that it is important for the Select Board and the Finance Committee to be on
the same page. Stating that based on the Select Board’s plan and goals and certainly the objectives of the
Finance Committee, we would like a clearer presentation than what has been received. Mr. Bridges is looking
for exactly where the numbers are coming from and how to explain these increases to the citizens at Town
Meeting. Selectperson Hoffmann requested to include a question regarding a cafeteria revolving fund that
was in the description of the High School budget, but no where else. Mr. Bridges added that he noticed the
lack of break down of any revolving funding in the package. Selectperson Hoffmann will draft her question
and submit to Chair Bingham who will communicate directly with Chair Dahl and formalize and submit the
questions.
For Your Information: No Discussion
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.07.2022 www.brewster-ma.gov Page 7 of 7
Office of:
Select Board
Town Administrator
Matters Not Reasonably Anticipated by the Chair: None
Questions from the Media: None
Next Meetings: February 9 (Joint with Finance Committee-FY23 Town Budget Details), February 14,
February 16 (Joint with Finance Committee and Capital Planning Committee- 5 Year Capital Improvement
Plan), February 28 (Joint with Finance Committee- FY23 School Budgets), March 7, and March 21, 2022
Adjournment
Finance Committee Member William Meehan moved to adjourn at 8:07pm. Member Andrew Evans second.
A roll call vote was taken by the Finance Committee. Robert Tobias-yes, Robert Young-yes, Honey Pivirotto-
yes, William Henchy-yes, William Meehan-yes, Andrew Evans-yes, Chair Frank Bridges-yes. The Finance
Committee vote was 7-Yes, 0-No.
Selectperson Chatelain moved to adjourn at 8:07pm. Selectperson Hoffmann second. A roll call vote was
taken. Selectperson Hoffmann-yes, Selectperson Chatelain- yes, Chair Bingham-yes. The Board vote was 3-
Yes, 0-No.
Respectfully submitted by Erika Mawn, Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Chatelain, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, Fiscal Year 2023 Budget Overview presentation, Brewster Finance Committee Budget Questions,
Nauset Regional School Operating Budget,
03 / 01 / 2022
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.09.2022 www.brewster-ma.gov Page 1 of 3
Office of:
Select Board
Town Administrator
MINUTES OF THE JOINT MEETING WITH SELECT BOARD & FINANCE COMMITTEE REGULAR SESSION
DATE: February 09, 2022
TIME: 8:30 AM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Chair Bingham, Selectperson Chaffee, Selectperson Hoffmann, Selectperson
Whitney, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna
Kalinick, Mimi Bernardo, Conor Kenny, Finance Committee members: Vice Chair Frank Bridges, Robert
Young, Andrew Evans, Honey Pivirotto, Robert Tobias, William Henchy
Absent: Harvey Dahl, Alex Hopper, William Meehan
Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 8:30am. A quorum was declared, and all Select Board members
present were announced. Finance Committee Vice Chair Bridges declared a quorum and announced Finance
Committee members present. Chair Bingham read the meeting participation and recording statements.
FY23 Budget Presentations (Select Board FY22-23 Strategic Plan Goal G-6)
The Town of Brewster has partnered with OpenGov to publish the FY23 Budget in a new user-friendly online
format. We hope and expect that the use of this platform will significantly increase our residents’ ability to
access and understand the local fiscal process. Residents will be able to view the budget in detail by
department. There is also the ability to change views using different report and chart styles. Any changes
will be updated in real time.
Once you access the Annual Budget Fiscal Year 2023 homepage, you will be directed to the
Contents Page, from here you can click on any underlined/hyperlinked department or budget line
item to view a department page.
Please note that currently the Capital and Education sections are not live. These pages will be
published before the relevant joint meetings on February 16th and February 28th, respectively.
Within each page, you can scroll down to view Accomplishments for FY2022, Goals & Initiatives
for FY2023, and FY2023 Budget Highlights. Charts and tables have been included to show a
detailed breakdown of each department’s operating budget.
At the end of the Budget Highlights section, you can click on the bullet “Click here to see BUDGET
INCREASE RATIONALE FORMS” to view supporting detail regarding any requested changes greater
than $1,000.
You can also view supplemental budget information (if applicable) by clicking on the link included
at the bottom of certain department pages, “Click here to see SUPPLEMENTAL BUDGET AND
DEPARTMENT INFORMATION”.
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.09.2022 www.brewster-ma.gov Page 2 of 3
Office of:
Select Board
Town Administrator
The Select Board and the Finance Committee discussed department budgets with the respective department
heads as follows:
Early Morning Session:
Police Department- Chief Eldredge
Town Clerk- Colette Williams
Building Department – F. Davis Walters
Health Department – Amy von Hone
Department of Public Works – Griffin Ryder
Break
Late Morning Session:
Natural Resources Department- Chris Miller
Planning- Lynn St. Cyr
Council on Aging- Denise Rego
Ladies Library- Cindy St. Amour
Town Buildings & Maintenance- Tom Thatcher
Town Moderator, Finance Committee/Reserve Fund, Legal, Veteran Services, - presented by
Mr. Lombardi and Ms. Kalinick
Lunch Break -Selectperson Hoffman moved to adjourn for recess. Selectperson Chatelain second. A
role call vote was taken; the vote was 5-Yes, 0-No. Finance Committee member Andy Evans moved
to adjourn for recess. Finance Committee member Bob Tobias second. A role call vote was taken; the
Finance Committee voted, 5-Yes, 0-No.
Finance Committee Vice Chair Bridges read the meeting participation and recording statements. A
quorum was declared, and all Finance Committee members present were announced. Chair Bingham
called the meeting to order. Select Board members present were announced, a quorum was
declared.
Afternoon Session: 1PM
Fire Department- Chief Moran
Water Enterprise- Paul Anderson
Golf Department- Jay Packett
Recreation Department – Mike Gradone
Finance Department: Assessing (James Gallagher), Information Technology (Kathy Lambert),
Treasure/Collector (Lisa Vitale)
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 02.09.2022 www.brewster-ma.gov Page 3 of 3
Office of:
Select Board
Town Administrator
The following departments budget presentation were moved to the joint meeting with the Select Board and
Finance Committee on Wednesday February 16, 2022, at 6pm:
Finance Department: Accounting, Benefits & Debt
Administration, Town Hall Operations, Human Resources & All Others
Adjournment
Selectperson Chaffee moved to adjourn at 3:50pm. Selectperson Whitney second. A roll call vote was taken.
Selectperson Chaffee-yes, Selectperson Hoffmann- yes, Selectperson Chatelain-yes, Selectperson Whitney-
yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No. Finance Committee member Meehan moved to
adjourn. Member Tobias second. A roll call vote was taken. Member Tobias- yes, Member Pivirotto-yes,
Member Evan-yes, Member Young- yes, Member Meehan-yes, Member Henchy-yes. Vice Chair Bridges-yes.
The Finance Committee Board vote was 7-Yes, 0-No
Respectfully submitted by Erika Mawn, Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Chatelain, Clerk of the Select Board
Approved: __________________ Signed: _________________________________________
Date Member Meehan, Clerk of the Finance Committee
Link to the Town of Brewster online budget book:
https://stories.opengov.com/brewsterma/published/vNFj7_V0i.
03 / 01 / 2022
Doc ID: d16e2a218521c45b8a2009756ae8f4b3a303cf04