HomeMy Public PortalAboutCPC Packet 041322Town of Brewster Community Preservation Committee
2198 Main St., Brewster, MA 02631
cpcmeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
April 13, 2022 at 4:00 PM (Remote Participation Only)
This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance
will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website
as soon as possible.
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov),
or Video recording (tv.brewster-ma.gov).
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Community
Preservation
Committee
Faythe Ellis
Chair
Sarah Robinson
Vice Chair
Sharon Marotti
Treasurer
Elizabeth Taylor
Clerk
Roland Bassett Jr.
Christine Boucher
Bruce Evans
Peggy Jablonski
Paul Ruchinskas
CPC Assistant
Beth Devine
1.Call to order
2.Meeting participation statement
3.Declaration of a quorum
4.Financial update
5.Updated committee member listing
6.Article 14 Summary information
7.Discussion of preparation for May 14 Town Meeting
8.Discussion of 5 Year CPA Plan/website information
9.Project Updates
10.Approval of Minutes from 3/23/22
11.Matters Not Reasonably Anticipated by the Chair
12.Announcements
13.Next meeting: 4/28/22 at 4 PM
14.Motion to adjourn
Date Posted: Date Revised:
4/11/22
Community Preservation Committee: FY23 Forecast as of 11/15/2021
2,029,247.99$
1,144,558.05$
286,139.51$ 1,430,697.56$
3,459,945.55
50%10%10%
Open Space Housing Historical
$ 1,291,223.53 $ (0.25) $ 454,981.84 $ 475,442.87
$ 715,348.78 $ 143,069.76 $ 143,069.76 $ 429,209.27
$ 2,006,572.31 $ 143,069.51 $ 598,051.60 $ 429,209.27 $ 475,442.87
Open Space Housing Historical "30%"
$ (51,075.00)
$ (98,000.00)
$ (47,583.00)
(71,534.88)
-
Requests for Spring 2022 TM (Approved )
Housing Coordinator (66,900.00)
Pennrose CC Five Development (105,000.00)
Lower Cape Housing Institute (15,000.00)
Digitization of Ellen St. Sure Collection (22,616.50)
Total YTD Obligations - FY23 $ (196,658.00) $ (81,900.00) $ (22,616.50) $ (176,534.88) $ -
$ 1,809,914.31 $ 61,169.51 $ 575,435.10 $ 252,674.39 $ 475,442.87
Total net available from all accounts
Plus Additional Funds from FY22 State Match 208,062.75$ 41,612.55$ 41,612.55$ 124,837.65$
Projected Balance with Additional Match 2,017,977.06 102,782.06 617,047.65 377,512.04 475,442.87$
FY-22 Estimated total balance forwarded [1]:
FY-22 Estimated local tax revenue:
FY-22 Estimated State contribution [2]:
Total FY-22 Estimated funds available:
Bates Property Bond
Budgeted Reserved for
CPA
Undesignated Fund
Balance
FY-22 Actual Unreserved Fund Balance with Original Match(4)
FY-23 Estimated revenue
FY-23 Estimated Funds available
FY-23 obligations as of 11/15/2021
BBJ Property Bond #1
BBJ Property Bond #2
FY23 Estimated Unreserved Fund Balance as of 11/15/2021 with
Adjustments
Administration Expense [3]
[1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional expenses.
(2) State Match revenue is projected at 25%
[3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $4,350 state
Coalition dues.
(4) Iincludes State Grant of 192,400 for McGuerty Road purchase Received in FY22 BONDSBONDS
DOR Announces Estimate for
November 2022 CPA State Distribution
As we reported in last month's issue of
CPA Update, the MA Department of
Revenue has been working on their
annual estimate for the upcoming CPA
Trust Fund distribution. This morning,
DOR announced their projection of a
35% base match for the November
2022 first round CPA Trust Fund
distribution.
How should communities use this to
finalize their FY23 CPA budget?
Communities with a local surcharge LESS THAN 3%:
When preparing their FY23 CPA budget, these communities should use
the 35% figure to estimate their November 2022 trust fund distribution.
To calculate the dollar figure for your community's trust fund
distribution, multiply your FY22 estimated local revenue by 35%.
Cities and towns with a local surcharge of 3%:
In addition to the 35% match on round one, these communities will
receive additional funding in rounds two and three of the CPA Trust
Fund distribution. Consult with your DOR field representative and/or
your municipal finance officials for assistance with estimating your total
FY23 trust fund revenue.
For additional information regarding the CPA budget process, click
here to read our technical assistance article.
Last Year's Base Match was 43.8% - Why
is the 2022 Projection Lower?
While a projection of 35% is certainly a healthy figure for the CPA Trust
Fund, comparing data from last year indicates that 2021 may have
been a "high-water mark" for the near future. There are three major
factors that play into this projection:
1) The primary reason for a lower projection in 2022 is because of a
decline in monthly CPA revenue from the state's Registries of Deeds.
Collections for the CPA Trust Fund in recent months have trended
about 12% lower than last year on average.
2) There are also 10 new CPA municipalities that will be eligible for
their first match in 2022. While these communities are mostly
comprised of small towns and mid-sized cities, it will still have a impact
on the total amount of funding available this year.
3) And finally, the CPA Trust Fund received $10 million in state budget
surplus funding last year. This supplemental funding is what ultimately
raised the base match above the 40% level. The Coalition is working
closely with the Legislature for this funding to be included again this
year. However, budget surplus funds are not finalized until the fall, so
they are never included in DOR's estimates.
04/13/22 rev.
COMMUNITY PRESERVATION COMMITTEE- FY 2023
Cindy Bingham- Select Board Liaison cbingham@brewster-ma.gov
Beth Devine – Committee Assistant bdevine@brewster-ma.gov
Name/Address Contact Info Represents Term
Expires
Faythe Ellis, Chair
95 Rocky Hill Road
Brewster, MA 02631
E
H
C
Faythe.Ellis@outlook.com
508-896-9937
508-680-6487
Historical
Commission
Delegate
2022
Sarah E. Robinson,
Vice-Chair
230 Holly Ave
Brewster, MA 02631
E
C
W
robinsonfinancialsolutions@
comcast.net
508-237-4800
508-240-1056
Citizen
Representative
2024
Sharon Marotti,
Treasurer
61 Paddock Way
Brewster, MA 02631
E
H
C
sharonmarotti@gmail.com
508-896-6812
508-241-0828
Citizen
Representative
2022
Elizabeth Taylor,
Clerk
P.O. Box 1774
Brewster, MA 02631
E
W
C
etaylor@brewster-ma.gov
508-896-3701 EXT 1149
774-216-1659
Planning Board
Delegate
2023
Roland Bassett, Jr.
10 Bassett Lane
Brewster, MA 02631
H
W
508-896-5615
508-896-3701 x 1127
Recreation
Commission
Delegate
2022
Paul Ruchinskas
10 Bog Pond Road
Brewster, MA 02631
E
H
C
pjruch@comcast.net
508-896-5671
508-246-7341
Citizen
Representative
2024
Bruce Evans
69 Nanumet Drive
Brewster, MA 02631
E
H
nanumetbruce@gmail.com
508-896-9045
Conservation
Commission
Delegate
2022
Christine Boucher
164 Main St.
Brewster, MA 02631
E
C
cb.bb.boucher@gmail.com
978-273-3164
Housing Authority
Delegate
2024
Peggy Jablonski
107 Crescent Lane
Brewster, MA 02631
E
H
pegjab@gmail.com
919-923-6034
Citizen
Representative
2024
ARTICLE NO. 17: To see if the Town will vote to amend the General Bylaws, Section 17, to
delete Sections 17-4 and 17-5 in their entirety, with such revision to take effect on July 1, 2023,
as follows:
Section 17-1. Membership of the Committee – There is hereby established a Community
Preservation Committee, consisting of nine (9) voting members. pursuant to the provisions of
Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-133 of Chapter
352 of the Acts of 2004. The composition of the Committee, the appointing authority and the
term of office for the committee members shall be as follows; one member of the Conservation
Commission, as designated by said Commission; one member of the Historic District
Commission, as designated by said Commission; one member of the Planning Board, designated
by the said Board; one member of the Recreation Commission, as designated by the
Commission; one member of the Brewster Housing Authority, as designated by said Authority;
and four individuals to be appointed by the Board of Selectmen. Each member of the
Committee shall serve a term of three years or until the person no longer serves in the position
or on the board or on the committee as set forth above, whichever is earlier. Should any of the
officers and commissions, boards or committees who have appointing authority under this
bylaw be no longer in existence for whatever reason, the Board of Selectmen shall appoint a
suitable person to serve in their place. Any member of the committee may be removed by the
Selectmen, with prior notice to the member and a hearing, for good cause.
Section 17-2. Duties – The Community Preservation Committee shall study the needs,
possibilities and resources of the town regarding community preservation. The Committee shall
consult with existing municipal boards, including the Conservation Commission, the Recreation
Commission, the Historical Commission, the Planning Board, the Department of Public Works,
and the Housing Authority, or persons acting in those capacities or performing like duties, in
conducting such studies. As part of its study, the committee shall hold one or more public
informational hearings, at its discretion, on the needs, possibilities and resources of the town
regarding community preservation possibilities and resources, notice of which shall be posted
publicly and published for each of two weeks preceding a hearing in a newspaper of general
circulation in the town.
Section 17-3. The Community Preservation Committee shall make recommendations to the
Town Meeting for the acquisition, creation and preservation of open space, for the acquisition
and preservation of historic resources, for the acquisition, creation and preservation of land for
recreational use, for the creation, preservation and support of community housing and for
rehabilitation or restoration of such open space, historic resources, land for recreational use
and community housing that is acquired or created as provided in this section.
Section 17-4. In every fiscal year, the Community Preservation Committee shall recommend
that Town Meeting spend, or set aside for future spending, the fixed figure of fifty (50%)
percent of the net annual revenues in the Community Preservation Fund for open space
purposes, not less than ten (10%) percent of the net annual revenues for community housing
purposes, and not less than ten (10%) percent of the net annual revenues for historic resources
purposes. In every fiscal year, the Community Preservation Committee shall recommend that
Town Meeting spend or set aside for future spending the remaining thirty (30%) percent of the
net annual revenues for community housing, recreation and historic resources purposes, but
not for open space purposes.
Notwithstanding the foregoing, the net annual revenues paid into the Community Preservation
Fund shall be dedicated to open space purposes until such time as prior appropriations made
pursuant to the so-called Land Bank Act have been fully expended, even if the aggregate
amount of such expenditures exceeds 80% of the annual revenues.
Section 17-5. Provided that the Community Preservation Act is accepted at the 2005 Annual
Town Election, this section shall take effect upon approval by the Attorney General of the
Commonwealth of Massachusetts and after all the requirements of Mass. Gen. Laws, ch. 40, §
32 have been met. Each appointing authority shall have thirty (30) days after the effective date
to make its appointments.
or to take any other action relative thereto.
COMMENT In May of 2005, Brewster voters adopted the Community Preservation Act (CPA). The Act
appropriates a 3% surcharge on the Town’s real estate tax revenues, which are reserved in a special
fund to finance projects and programs for the purposes of preservation of open space, recreation,
community housing, and historic preservation. The state distributes matching funds, which vary from
year-to-year. Since 2005, CPA funds have supported about 70 community preservation projects in
Brewster. These initiatives have included capital improvements, land acquisitions, assistance programs,
as well as various plans and studies. At the time of adoption, Brewster established a unique allocation
formula for these funds, as outlined in Section 17 of the Town bylaw: 50% for open space, 10% for
community housing, and 10% for historic preservation. The 30% balance has been available for housing,
historic preservation, and/or active or passive recreation projects. The primary reason for this
customized approach was that Brewster, like many other Cape towns at the time, was converting
funding balances and financial obligations from the Cape Cod Land Bank and wanted to maintain its
capacity to finance open space purchases. As required by statute, the Community Preservation
Committee (CPC) annually holds a public hearing to identify and discuss upcoming community needs and
planned projects. In recent years, it became increasingly apparent that anticipated CPA requests would
outpace available funds. In May 2021, Town Meeting approved funding to develop a 5 Year Community
Preservation Plan (CPP). Since then, the CPC has worked with a consultant to study existing Town plans,
quantify anticipated funding requests, and solicit stakeholder and resident input. 31 As a result of this
analysis, the CPC recommends modification of the Town’s bylaw to follow the statutory distribution
formula that all but one other municipality currently have in place: 10% for open space and recreation,
10% for community housing, and 10% for historic preservation. The CPC determined that the statutory
formula allowed the most flexibility to respond to expected funding requests and any new requests that
may emerge from the former Sea Camps properties planning processes in the next few years. If
approved, this change would take effect in July 2023, allowing a full fiscal year to make this transition. At
the same time, the CPC has developed and adopted a CPP that establishes target allocations for each of
the eligible uses of CPA funds beyond the baseline statutory disbursements that will inform their policy
decisions in vetting projects in the next five years. Town Meeting will continue to have final approval
authority over expenditure of all CPA funds.
BREWSTER COMMUNITY PRESERVATION GRANT
QUARTERLY PROJECT STATUS REPORT
Name of CPA Recipient: Habitat for Humanity of Cape Cod, Inc. Quarter Ending Date: March 31, 2022
Project Title: Brewster Red Top Road Community Housing
Project Representative/CPC Contact Name: Elizabeth (Beth) Hardy Wade, Director of Land Acquisition
Address: 411 Main St., Suite 6A, Yarmouth Port, MA. 02675
Telephone Number: 508-362-3559 x 24/207-930-5918 cell Email: land@habitatcapecod.org
Amount: $100,000 # of Homes: 2
Project Status:
Permitting: The Town Clerk stamped ZBA decision was recorded at the Barnstable County Registry of
Deeds on January 24, 2022: BK 34849, PG 19; Subdivision Plan at: PB 694 PG 44. Habitat
closed on the donation of the two lots from Beth Finch on February 28,2022. Deed for
transfer of property at: BK 34935 PG 265. The Regulatory Agreement has been reviewed
by Brewster Town Attorney and once approved by Habitat’s Attorney will be sent to DHCD
for final review. We expect to have a document approved for signatures within the next
month.
Infrastructure: 0% Complete: Of note, the start of the Red Top Road project is tied to the installation of
Town Water on Red Top Road. We will coordinate the start of our infrastructure to a firm
start date for the water installation project.
Construction: 0% Complete: Our tentative plan for wall-raisings remains for July 2023, with a 12-month
construction period.
Volunteers:
Fundraising: Private fundraising continues in its outreach to foundations, private individuals, and faith-
based & community organizations. To date, we have secured two home-sponsorship
pledges for $50k each. CPC approved a $100k grant. We will request funds from FHLBB
with submission of an application in August 2022, with a response due from FHLBB in
December 2022.
Homeowners: A date for family applications has not been determined. Marketing for the applications
generally occurs 5 or 6 months prior to wall raising.
Events/Press:
Project Timeline/Schedule: We will be meeting with the building department sometime in April. And pending our
discussion with the department, and in consultation with the Water Department and BOH, we hope to begin
some infrastructure this spring/summer (2022).
Issues/Comments/Concerns: None at this time.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Memorandum
Date: March 29, 2022
To: Rollie Bassett, CPC liaison to the Brewster Whitecaps/Stony Brook Elementary Project
From: Donna Kalinick, Assistant Town Administrator
RE: Financial Information and Closeout of the Project
Town meeting voted $425,000 of CPC funds to support the Whitecaps/Stony Brook Elementary
School facility upgrades. The Town entered a contract with JM O’Reilly in the amount of
$8,500 to design and oversee the project. The Town went out to bid and awarded a contract to
Lawrence Lynch in the amount of $455,589.00. The Brewster Whitecaps pledged the difference
between the contracts and the CPC funding with some contingency. The project was
substantially completed in the Spring of 2021 prior to the season starting. Some finish work and
punch list items were completed in the fall of 2021. Public Works and Town Administration
worked in conjunction with the Whitecaps to complete the upgrades.
Lawrence Lynch was paid a first pay requisition of $342,305.00 and there was one change order
credit in the amount of ($2,287.60). JM O’Reilly has been paid $7,437.50 to date.
A final payment in the amount of $110,996.40 is in progress to Lawrence Lynch. The balance
was split between CPC funds $74,195.00 and Whitecaps donation of $36,801.40.
There was $1062.50 remaining in the CPC article which is the balance due to JM O’Reilly. We
received a final invoice from him this week which will be paid on the next warrant.
We thank everyone involved. The facility improvements greatly improved the ball field
experience and made improvements to the accessibility of the site.
CC: Griffin Ryder, Public Works Director; Chuck Hanson, Brewster Whitecaps liaison
Office of:
Select Board
Town Administrator
From: Chris Miller
Sent: Thursday, April 7, 2022 12:41 PM
To: Faythe Ellis
Subject: RE: Request for quarterly update on Mill Site Wall CPC project
Hi Faythe,
The engineer is completing the final design plans for the wall repairs. They are also working up design
plans for modifications to the weirs north of the road that will optimize fish passage with less damage to
the fish.
We have a proposal from the engineer to complete the required permitting. We are evaluating that
proposal and funding sources and expect to authorize the work soon.
Construction is still planned for fall 2022.
Chris
Community Preservation Committee
Minutes of March 23, 2022 Page 1 of 3
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Virtual Meeting
Wednesday, March 23, 2022, at 4:00 p.m.
MEETING MINUTES OF MARCH 23, 2022
Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sarah Robinson,
Treasurer Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Bruce Evans, Paul Ruchinskas,
Christine Boucher, Peggy Jablonski
Absent:
Also Present: Cynthia Bingham, Select Board; Jamie Shalvey, JM Goldson
Chair Faythe Ellis called the meeting to order at 4:01 pm and announced a quorum.
This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted.
If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible.
1.Discussion and possible vote on 5 Year CPA Plan
Faythe said we are ready to talk about the 5 Year CPA Plan and she is hoping today to talk about any
final edits to the document and possibly have a motion to adopt the documents with final edits and to
adopt the 5 Year Plan within it. She asked for any edits from the Committee.
Paul went through his thoughts on editing the Plan document. Faythe then went through some edits that
she would like made as well and asked about including the focus group summaries. Additionally, she
said she does not think we should include the application in the Plan because they change yearly. Paul
agreed. Elizabeth went through her suggested edits on the Open Space portion of the plan as well. The
Committee discussed all suggested edits thoroughly, and Jamie Salvey will make all those decided upon.
Paul thanked Faythe for all the work and time she has put into this project to make it happen. The
Committee agreed.
Motion to approve the document with the edits we just agreed to and to adopt the 5 Year Plan
within it.
MOVED by Roland Bassett. Seconded by Sarah Robinson.
Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Peggy Jablonski – yes, Elizabeth Taylor
– yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Christine Boucher – yes,
Chair Ellis - yes
VOTE 9-yes 0-no
2.Summary of Finance Committee and Select Board Presentations
Approved:
VOTE:
Community Preservation Committee
Minutes of March 23, 2022 Page 2 of 3
Faythe said during the Finance Committee Meeting, there was a bit of discussion about the Pennrose
project. Questions were asked about the local preference and then the turnover at Nauset Green and what
they are experiencing there. Faythe included the follow-up information from Rio from Pennrose in
response to those questions. They ended up voting unanimously. There was some new information that
came out from the questions asked, going back and forth with what local preference means if coming
from Brewster. If they work in Orleans, have a child that goes to either Orleans Elementary or Nauset
Regional Middle School, or if you have a child in Nauset Regional High School who is not graduating
that year, that will fall under the category of local preference. Donna Kalinick and Jill Scalise reached
out to DHCD to confirm. That is good news for us. Sarah said that was significant for the Town.
Faythe continued that she did a presentation about the Plan as it relates to Article 14, which is going to
ask the Town to approve moving to the Statutory Formula. This got unanimous approval as well.
Faythe did the same two presentations at the Select Board Meeting, and they voted unanimously for
both. Paul asked about the wording that Peter Lombardi suggested adding to the Article to reflect
something about the Plan. Faythe answered she just got a draft today and said that had to be finalized
pretty quickly and will share with Sarah for editing. Now that we have voted, she can firm up that
sentence that says we have adopted the Plan.
Christine asked about the 30% allocation for Housing. If Brewster allows for secondary housing on
private property – is there allocation from the CPC to support that, or is that separate? Faythe answered
that we look for an application submitted by the Housing Partnership or Housing Trust, and it would
have to meet CPA requirements. Paul said that typically CPA would require a deed restriction and thinks
that would be problematic for CPA funding.
3.Discussion of committee meeting format – April and May
The Committee deliberated on the three options on the table – hybrid, in person, or Zoom - and decided
to keep the Zoom format for the next two months.
4.Project Updates
Elizabeth said the Crosby Mansion Manager resigned in November, and they have not replaced him yet,
so there is no movement. Faythe mentioned getting some photos taken to be sent to Eric Drey.
Bruce said they have hired Barrett Consulting for the Housing Production Plan update. There is a survey
out online and at the Library. They would like as many people as possible taking that survey.
Faythe said the Historical Commission has been working diligently to get all of the documentation into
the library of the house histories and the form B’s. More on that at our next meeting.
5.Approval of Minutes from 3/2/22 & 3/9/22
Motion to approve the Minutes of 3/2/22 & 3/9/22 as presented.
MOVED by Elizabeth Taylor. Seconded by Bruce Evans.
Community Preservation Committee
Minutes of March 23, 2022 Page 3 of 3
Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Peggy Jablonski – yes, Elizabeth Taylor
– yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Christine Boucher – yes,
Chair Ellis - yes
VOTE 9-yes 0-no
6.Matters not reasonably anticipated by the Chair- none
7.Announcements
Faythe announced that as part of a Mill Sites update, there were 3 fish reported in the brook yesterday
and the counter went in today if anyone wants to drive by and see what’s happening there.
8.Next meeting: 4/13/22 & 4/27/22 at 4PM
MOTION made by Bruce Evans to adjourn the meeting at 4:54 pm. Sharon Marotti second.
Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Elizabeth Taylor – yes, Peggy Jablonski
– yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Christine Boucher – yes,
Chair Ellis - yes
VOTE 9-yes 0-no
Respectfully submitted, Beth Devine, Recording Secretary
Packet of additional documents available on website for public review.