HomeMy Public PortalAboutSelect Board Meeting Packet - 05.23.2022Weekly Count of New COVID-19 Infections: March 8, 2020 – May 14, 2022
1 5 3 1 2 0 2 000 1 0 2 0000 1 2 5 2 0000 2 0 2 1 2 3 0 1 4 1 3 66
13
22
117
202425
53
2420
88 5
1113
21
32
2125
12
6 7 33 1 0 1 0000 2 3 5 914
7 91215
6 99 8 5555 9
20
39
21
29
4847
54
82
118
545457
34
9
20
710
4 5 444 6
15
29
33
43
00 33 7
53
14
2 0 111 0 11 0 3 00 1 5 00 1 0000 1 0000000 11 00000 1 22 1 0 2 00000000 2 0000000000000 1 0000000000 1
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0 3 000000 11
11
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4 3 1 00000000
7 51
850
20
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3/8-3/143/22-3/284/5-4/114/19-4/255/3-5/95/17-5/235/31-6/66/14-6/206/28-7/47/12-7/187/26-8/18/9-8/158/23-8/299/6-9/129/20-9/2610/4-10/1010/18-10/2411/1-11/711/15-11/2111/29-12/512/13-12/1912/27-1/21/10-1/161/24-1/302/7-2/132/21-2/273/7-3/133/21-3/274/4-4/104/18-4/245/2-5/85/16-5/225/30-6/56/13-6/196/27-7/37/11-7/177/25-7/318/8-8/148/22-8/289/5-9/119/19-9/2510/3-10/910/17-10/2310/31-11/611/14-11/2011/28-12/412/12-12/1812/26-1/11/9-1/151/23-1/292/6-2/122/20-2/263/6-3/123/21-3/264/3-4/94/17-4/235/1-5/75/8-5/14New Brewster COVID-19 Cases
Resident (1416 Total)Long Term Care (251 Total staff & patients)
Ages of Brewster Residents with Active COVID-19 Infections
May 1 – May 7, 2022
% COVID Infections in Age Groups % COVID Infections in Age Groups
0-9 years (5)
10%
10-19 years (6)
13%
20-29 years (3)
6%
30-39 years (2)
4%40-49 years (6)
13%
50-59 years (4)
8%
60-69 years (12)
25%
70-79 years (3)
6%80+ years (7)
15%
0-9 years (5)
10-19 years (6)
20-29 years (3)
30-39 years (2)
40-49 years (6)
50-59 years (4)
60-69 years (12)
70-79 years (3)
80+ years (7)
May 8 – May 14, 2022
0-9 years (5)
12%10-19 years (3)
7%
20-29 years (4)
10%
30-39 years (2)
5%40-49 years (6)
15%
50-59 years (4)
10%
60-69 years (6)
15%
70-79 years (3)
7%
80+ years (8)
19%
0-9 years (5)
10-19 years (3)
20-29 years (4)
30-39 years (2)
40-49 years (6)
50-59 years (4)
60-69 years (6)
70-79 years (3)
80+ years (8)
Archive d: Wednesday, May 18, 2022 11:32:18 AM
From: Amy von Hone
Se nt: Tue, 17 May 2022 16:02:27 +0000Authentication
To: Penny Holeman; Annette Graczewski; Kim Crocker Pearson; Joe Ford; Jeannie Kampas; Tammi Mason; Sherrie McCullough; Mary Chaffee
Cc: Peter Lombardi; Donna Kalinick
Subje ct: Fwd: Copy of Notice Sent out last week
Se ns itivity: Normal
FYI - update/notification from Nauset School District on current cases in district
Amy L. von Hone, RS,CHO
Health Director
Brewster Health Department
508.896.3701 X1220
Sent from my iPhone
Begin forwarded message:
From: MaryEllen Reed <reedm@nausetschools.org>
Date : May 17, 2022 at 11:49:53 AM EDT
To: Jane Crowley <jcrowley@eastham-ma.gov>, Hillary Lemos <Hillary.Lemos@wellfleet-ma.gov>, Alexandra Fitch
<afitch@town.orleans.ma.us>, Amy von Hone <avonhone@brewster-ma.gov>, Christine Mickle <cmickle@eastham-ma.gov>
Subje ct: Copy of Notice Se nt out last we e k
\u-257 ?
Hi A ll,
I hav e included below the content of a letter s ent o ut dis trict-wid e las t week.
Dear Nauset Community,
We are experiencing a significant uptick of COVID-19 cases across the District. This spike correlates to our recent spring
vacation and to a handful of Omicron subvariants - including BA.2.
1. Statistics:
Last week there were 81 new cases of COVID reported across our 7 district schools, which is the hi ghest weekly total since
the early January Omicron surge. The trend continues this week with 56 cases reported so far. Up-to-date numbers for each
school and the district as a whole may be vi ewed on our Nauset School District website.
Positivity rates in our 4 Communities are as follows: Brewster 5.5%, Eastham 6.9%, Orleans 8.7%, Wellfleet 8.7%
Our vaccination rate for students and staff is high and continues to be protective against severe disease, however they are
not stopping transmission and illness completely.
Barnstable County is now in the RED , an indi cation for high risk of COVID-19 transmission (7.03% positivi ty rate).
2. In General:
We continue to work closely wi th our local Health Agents to monitor cases and keep our students and staff safe.
Staff continues to encourage hand hygiene, social distancing as appropriate, and they continue to ventilate rooms with
open windows and air purifiers.
Anyone who needs access to rapid antigen tests can sign up for weekly test kits through the Nauset District here.
Masks remain optional, however, in light of this increase in COVID-19, you may want to consider sending your child to
school w earing a well-fitting, highly protective mask for the period of the next two w eeks and/or until we see a
dow nward trend in reported cases.
Protocols for managing COVID 19 at school and at home:
CLOSE CONTACTS
FULLY COVID-19
VACCINATED OR HAVE
HAD COVID IN THE PAST
90 DAYS.
CLOSE CONTACTS
NOT FULLY COVID-19
VACCINATED
STUDENT TESTED
POSITIVE FOR COVID-19
No symptoms come to
school, exempt from testing
and quarantine protocols
Must quaranti ne for 5 days
followed by 5 days of strict
mask wearing.
Quaranti ne can not begin
until the indi vidual is no
longer i n contact with the
COVID-19 i nfectious person
who is in thei r isolation
period.
Must isolate for 5 days
followed by 5 days of strict
mask wearing.
Recommended advising
any close contacts of the
positive COVID-19 result.
Do not need to test again to
return to school.
Symptoms, stay at home
until symptoms resolve, no
fever for 24 hours without
medication, recommended
to test prior to returning to
school.
Symptoms, stay at home
until symptoms resolve, no
fever for 24 hours without
medi cation, recommended
to test prior to returning to
school.
Symptoms, stay at home
until symptoms resolve, no
fever for 24 hours without
medication, recommended
to test prior to returning to
school.
As a community w orking together we can help to keep students safe
and in school.
We continue to put the health and safety of our staff and students as our priority, and we ask for, and appreciate, your continued
support with this district-wide. We all recogni ze the challenges we are consistently up against wi th C OVID . As the weather
improves and we are able to be outside more frequently, we hope to see our numbers decrease again.
Thank you for your continued support.
Yours in Partnership,
Brooke Clenchy, Superintendent of Schools
Mary Ellen Reed, Nauset Public Schools Nurse Leader
--
Sincerely,
Mary Ellen Reed
School Nurse, MBA, RN, BSN, NCSN
Nurse Leader
Nauset Public Schools District
1(508) 255-0016 ext. 7031
FOR IMMEDIATE RELEASE: May 19, 2022
BREWSTER PONDS COALITION AND TOWN OF BREWSTER CO-SPONSOR
BREWSTER PONDS SUMMIT 2022
The Brewster Ponds Coalition and the Town of Brewster present Brewster Ponds Summit
2022 on Friday, June 17th from 9AM to 12 Noon at the Brewster Baptist Church, 1848 Main
Street, Brewster, MA. Brewster Ponds Summit 2022 will focus on the impact of septic
systems on Brewster’s groundwater and freshwater ponds, as well as potential solutions and
funding mechanisms. Town officials will participate. The summit is an open forum and
residents are encouraged to attend and ask questions. The summit will also be livestreamed.
The Brewster Ponds Summit 2022 will consist of presentations by a panel of experts in fields
including environmental engineering, sewers, alternative septic systems, and the available
funding mechanisms for remediating this problem.
“Septic systems are the greatest contributor to groundwater and freshwater pond
degradation,” said Susan Bridges, Brewster Ponds Coalition President. “The Town of Brewster
has been very forward thinking about protecting the watershed around our Town wells,
resulting in numerous awards for the quality of our drinking water. However, the portions of
our Town not protected by land purchases, including most of the ponds, bay water, and
private wells, are experiencing increasing water quality degradation with septic systems
being the number one cause. We need to address this problem, investigate our options, and
plan for the future.”
“The Town of Brewster has always been a leader in seeking to preserve and protect our vital
natural resources,” said Peter Lombardi, Brewster Town Administrator. “Maintaining and
improving our water quality is a consensus priority for the community. Looking ahead, we are
facing complex policy decisions with significant financial and environmental impacts on our
residents. As we reflect on our progress to date and explore various potential upcoming water
quality initiatives, the Town appreciates the continued partnership and support of the
Brewster Ponds Coalition and looks forward to co-sponsoring this event with them.”
Expert panelists include:
John Keith is an environmental engineer with over 45 years of experience. He has
traveled throughout the world studying and working on environmental problems. John
currently works with Pure Earth, an NGO, assessing and developing cleanup plans for mercury
and lead contamination sites in developing countries. Previously, John was VP of Environment
and Safety for Pfizer and Assistant Commissioner of the NJ DEP. In his career he has designed
and operated several wastewater treatment plants and assessed water pollution problems in
numerous locations. He is a founding member and currently Vice-President of the Brewster
Ponds Coalition.
Mark Nelson - Horsley Witten Group, Inc. Sandwich, MA. Mark is a Principal and Senior
Hydrogeologist with over 30 years of experience in water resource planning focusing on
wastewater management and its impacts to drinking water, freshwater ponds and coastal
estuaries. He has been working for the Town of Brewster since 2011 on the development and
implementation of the Town’s Integrated Water Resource Management Plan, including plans
to protect and restore Brewster’s freshwater ponds.
Brian Dudley - Worked for MassDEP for 32 years retiring in December 2021 as the
Wastewater Management Section Chief for the Cape and Islands. His responsibilities included
permitting, compliance and enforcement and administering groundwater and Title 5
regulations. Additionally, he served as the Project Manager for the Massachusetts Estuaries
Project and helped develop the first of its kind watershed permit for the Pleasant Bay
watershed. Prior to arriving at MassDEP, he worked for a private consulting firm in Falmouth.
Brian Baumgaertel - Director of the Massachusetts Alternative Septic System Test
Center, Sandwich, MA. Brian is a Senior Environmental Specialist at the Barnstable County
Department of Health and Environment. He is a Registered Sanitarian, Environmental Health
Specialist, Title 5 Soil Evaluator and Wastewater Treatment Plant Operator. Originally from
Upstate New York, Brian has lived on Cape Cod for 15 years and currently resides in
Mashpee, where he serves as Chair of the local Board of Health.
Nathaniel Keenan, Massachusetts Clean Water Trust - Nate Keenan is Deputy Director
of the Massachusetts Clean Water Trust where he has worked since 2011. During that time,
he has worked to execute over $1 billion in bond issuances, drafted the Trust’s first Green
Bond and Sustainability Bond disclosure language, and developed a lead and copper pipe
testing and remediation program for schools in Massachusetts. Nate graduated with a
Bachelor’s Degree from Saint Michael’s College and a Master’s Degree from Suffolk University.
For more information about this program visit brewsterponds.org or the Town of Brewster
website at https://www.brewster-ma.gov/.
The Brewster Ponds Coalition mission is “protecting the health, beauty and enjoyment” of
the Town's 83 ponds. The Brewster Ponds Coalition is a 501(C) 3 charitable nonprofit
organization.
DRAFT MEETING MINUTES
CAPE COD AND ISLANDS WATER PROTECTION FUND MANAGEMENT BOARD
EXECUTIVE COMMITTEE
March 17, 2022 MEETING
Committee Members:
Mark Ells (Vice Chair) Barnstable Present; joined 10:08am
Andrew Gottlieb Mashpee Present
Bud Dunham Sandwich Present
Kevin Galligan (Chair)
Jacqueline Beebe
Orleans
Eastham
Present
Present
Others Present:
Kristy Senatori Cape Cod Commission
Erin Perry Cape Cod Commission
David Still Cape Cod Commission
Michele White
Rich Waldo
Ned Chatelain
Peter Lombardi
Cynthia Bingham
Adam Turner
Ryan Curley
Cape Cod Commission
Town of Provincetown
Brewster Selectboard
Brewster
Brewster Selectboard
Martha’s Vineyard Commission
Wellfleet
Summary of Discussion/Action Taken: The Cape Cod and Islands Water Protection Fund
Management Board Executive Committee (Executive Committee) discussed potential efforts by the
Town of Brewster to withdraw from the Fund and potential interest by communities on Martha’s Vineyard
to join the Fund. The Executive Committee voted to provide technical assistance to towns to support State
Revolving Fund loan eligibility. The Executive Committee also discussed the Draft 2022 Clean Water
Intended Use Plan issued by the Massachusetts Department of Environmental Protection.
Materials Used/Received: PowerPoint presentation prepared by the Cape Cod Commission, dated
March 17, 2022.
Chairman Kevin Galligan called the meeting to order at 10:03am and Erin Perry announced that the
meeting is being held virtually, with members of the Cape Cod and Islands Water Protection Fund
(CCIWPF, or Fund) Executive Committee participating remotely, pursuant to Chapter 20 of the Acts of
2021, An Act Relative to Extending Certain Covid-19 Measures Adopted During the State of
Emergency, signed into law on June 16, 2021. Mr. Galligan called the roll for attendance, which is
noted above.
Mr. Galligan made introductions of Executive Committee members and Cape Cod Commission staff
and asked for introductions from others present.
Mr. Galligan called for discussion on Fund membership and recognized Peter Lombardi, Town
Administrator and CCIWPF Management Board representative for the town of Brewster, for
comments. Mr. Lombardi provided historical information on Brewster’s wastewater planning efforts
relative to the CCIWPF and stated the selectboard has been discussing remaining a member of the
CCIWPF for several months.
Mr. Lombardi noted in 2020 the Brewster selectboard working with town administration created a 2-
year strategic plan at the same time the CCIWPF Bylaws and Regulations Committee was working on
developing regulations relative to the Fund. Mr. Lombardi said there were concerns in Brewster at
that time about Brewster having projects that would be eligible for State Revolving Fund (SRF) loans
to access the Fund subsidy, yet Brewster’s participation in the Fund was one goal specified in that
2020 selectboard 2-year strategic plan. Following development and adoption of the Fund bylaws and
regulations, the town finalized a list of anticipated capital projects related to water quality. The town
then met with the Department of Environmental Protection (DEP) in August 2021 to get feedback on
which projects might be eligible for SRF funding.
In January 2022, the town’s wastewater consultant, Horsley Witten, gave a presentation to a joint
meeting of the selectboard and Board of Health on the town’s updated Integrated Water Resource
Management Plan, and indicated Brewster could see up to $31M in water quality related capital
needs in the next 10-20 years. Based on discussions with DEP, the town may only be eligible for up
to $4M in potential Fund subsidy; one large project, to install IA systems in 600 properties around
ponds in town, is not likely to be eligible for SRF funding and therefore Fund subsidy.
In February, the selectboard asked Mr. Lombardi to meet with the Cape Cod legislative delegation to
see what additional financing options may be available. The delegation said there was not a path
forward relative to special legislation, so the town has the option to remain a member of the CCIWPF
or seek other financing solutions. The selectboard considered a warrant article for this spring town
meeting to withdrawal from the CCIWPF, but the legislative delegation offered to continue to work
with the town and DEP to identify any solutions that could increase Brewster’s chance of receiving
SRF funds. The selectboard decided not to bring forward a warrant article at spring town meeting to
withdrawal from the CCIWPF, and instead will continue to work with the delegation and state
officials to see if there is a path forward to Brewster accessing SRF funding and therefore Fund
subsidy. If there is no solution, the selectboard would bring forward a warrant article to withdrawal
from the CCIWPF to special town meeting next November. Mr. Lombardi stated Brewster has unique
water quality projects and is looking for the best options for residents, noting pond water quality is
important to Brewster and the town believes IA systems are likely to be the best solution for the
town.
Mr. Galligan asked Kristy Senatori to discuss other provisions in the CCIWPF legislation such as the
ability for member town to receive technical assistance.
Ms. Senatori acknowledged during development of the Fund regulations smaller communities
advocated for technical assistance to towns to ensure town projects are SRF eligible. Ms. Senatori
expressed interest in which Brewster projects may not be eligible for SRF loans and noted other
opportunities for member towns through the CCIWPF legislation include additional monitoring
resources and assistance to communities.
Andrew Gottlieb asked if Brewster’s wastewater management plan focused on phosphorous
reduction in ponds. Mr. Lombardi said yes, about half of the town’s capital projects, and noted that
SRF eligibility is a concern because many of those projects are on private property. Mr. Gottlieb
stated his understanding that currently no phosphorous reducing IA system is close to general use
approval and asked if the town has discussed with their consultant the potential for small sewer
collection systems around ponds.
Mr. Lombardi acknowledged general use approval for certain IA systems is still needed and current
IA systems focus on nitrogen remediation. Feedback from the town’s consultant is that phosphorous
IA systems make sense for solving nitrogen and phosphorous problems within Brewster ponds.
Mr. Gottlieb said it is his understanding that no IA systems include phosphorous removal and in his
opinion correspondence from DEP suggests that some Brewster projects may be eligible for SRF
financing under certain situations.
Mr. Lombardi said Brewster would like to better understand how the town could meet those
standards of eligibility stating his belief that the town may need to secure easements on all private
properties to be SRF eligible.
Ryan Curley noted an option he submitted to the Brewster selectboard regarding community impact
fees. Mr. Lombardi said the town continues to be in contact with the Department of Revenue
regarding the adoption of impact fees and stated uncertainty in the amount those fees might
generate. Mr. Curley encouraged the town to adopt a community impact fee structure that could be
scaled up, and noted that if the town were to withdrawal its membership from the CCIWPF and want
to rejoin later it would be 2 years before any town projects submitted to the SRF would be eligible
for Fund subsidy.
Adam Turner commented that sewer related projects are not the only way to address water quality
issues, and that if a project is consistent with the 208 plan or equivalent, projects should be eligible.
Mr. Turner said ARPA funds have been used to install 20 IA systems. He noted 3 of the up-island
towns received funding through the SRF for projects in areas where sewer is not contemplated.
Mr. Galligan thanked Mr. Lombardi for his update and noted that the CCIWPF Management Board is
working together collectively to advance water quality efforts and should be aware of possible
future impacts to Fund revenue.
Mr. Gottlieb said it is in the interest of the Management Board to work with Brewster on how to
construct a septic system based program eligible for SRF funds, noting the benefits of structuring an
approach that optimizes all member town’s access to SRF funds. He made a motion to direct Cape
Cod Commission staff to provide technical assistance to the Town of Brewster and other Cape Cod
communities considering innovative/alternative septic systems and other non-traditional technology
to maximize SRF eligibility; Bud Dunham seconded the motion.
Mr. Lombardi expressed his appreciation and noted the Commission’s 2022 update to the Cape Cod
Pond and Lake Atlas and the Commission’s Freshwater Initiative. He said Brewster would be
interested to see how the CCIWPF could provide technical assistance to look closer at SRF project
eligibility to improve access to Fund subsidy.
Mr. Dunham said he thought members of the Bylaws and Regulations Committee did a great job of
articulating concerns of communities not focused on sewer options, that alternatives to sewering
could be relevant to all towns and working with Brewster could benefit every member town.
Jackie Beebe agreed and stated this has been an issue with the smaller communities from the
beginning, that accessing the Fund subsidy does require a project be funded by the SRF, which are
often projects with piped solutions. She expressed interest in the Commission working with towns
that may not be eligible for SRF funding or would like to try innovative solutions. She said the
Commission could assist in addressing how other projects can get approved with DEP, or possibly
get engineering and planning money to investigate other approaches to addressing water quality.
Ms. Senatori said the Commission will work with Brewster and others to determine where needs are
and where there are opportunities to engage with DEP, and that providing towns with technical
assistance is something the Commission supports.
Mark Ells supported the direction of the Executive Committee and noted Brewster is an important
part of Cape Cod community and encouraged the town to actively participate in the CCIWPF.
Mr. Galligan reminded Executive Committee members of Mr. Gottlieb’s motion for the Commission
to provide technical assistance to the Town of Brewster and other Cape Cod communities
considering innovative/alternative septic systems and other non-traditional technology to maximize
SRF eligibility, which was seconded by Mr. Dunham. A roll call vote on the motion was called by Mr.
Galligan: Jacqueline Beebe, yes; Bud Dunham, yes; Mark Ells, yes; Andrew Gottlieb, yes; Kevin
Galligan, yes.
Ms. Senatori said the Commission has heard from the liaison from Oak Bluffs that they are
potentially interested in joining the CCIWPF and Oak Bluffs is in conversation with DEP about
submitting an equivalent 208 plan. She said there was no timeframe on that effort but noted
progress being made on Martha’s Vineyard and possible future additions to the Fund. Ms. Perry said
Oak Bluffs is in the planning phase but inquired about the process and steps involved to join the
CCIWPF.
Mr. Gottlieb asked if there are other Islands towns interested. Ms. Senatori said Oak Bluffs has
inquired most recently and that other towns may be in the planning phase, but Oak Bluffs was the
only town to inquire.
Mr. Galligan called for discussion on draft 2022 Clean Water Intended Use Plan (IUP) projects.
Ms. Perry noted the release of the draft IUP which proposes to fund projects from 4 Cape Cod
communities totaling over $108M in IUP project costs. She stated comments on the draft IUP are
due March 22, 2022 and the Commission has submitted 208 consistency letters for those projects. It
is anticipated the final IUP will be issued no later than early April and the CCIWPF Management
Board should convene shortly thereafter to consider Fund subsidies before spring town meetings.
She noted 2 projects in Barnstable that were submitted and are not currently proposed to be
funded on this IUP.
Mr. Gottlieb noted the final IUP project list could be larger and more lucrative than the draft list.
Mr. Ells noted Barnstable’s intent to comment on the draft IUP. He noted a project not funded is a
pump station that serves the north side of Barnstable Harbor. He said the SRF does not consider
that Fund subsidy is tied to SRF eligibility, that projects that are listed on the IUP but not funded
could significantly impact the community that does not receive SRF funding. He said the state does
not prioritize which projects are compliant with the 208 plan and that state and regional priorities
can differ.
Mr. Gottlieb acknowledged SRF funding is a statewide competition and not every project will be
funded each year and towns should look at their initial project scoring. He said there is a lot of
emphasis on urban stormwater issues at the state level and noted possible future revisions to SRF
criteria and the point scale. He said Cape Cod needs to make the argument that projects here have
the same level of priority as urban stormwater issues.
Mr. Turner noted he missed the discussion on possible CCIWPF participation from the Islands. He
said Martha’s Vineyard towns do not currently have 208 equivalency plans so they are not eligible to
receive subsidy from the Fund. He said down-island towns are working on comprehensive
management plans because they have sewers; up-island towns do not have sewers. He said the SRF
is funding a 208-style plan for 5 ponds, and once complete there will be a management plan with
identified projects. He said Martha’s Vineyard towns want to improve pond water quality and if there
are IA systems that work there could be a mix of multiple strategies to achieve that. He said they are
probably a year away but want to make sure they could be eligible for funds.
Mr. Galligan asked if there is new business.
Hearing none, Mr. Gottlieb made a motion to adjourn; Mr. Dunham seconded the motion. A roll call
vote to adjourn the meeting was called by Mr. Galligan: Bud Dunham, yes; Andrew Gottlieb, yes;
Mark Ells, yes, Kevin Galligan, yes. The meeting adjourned at 11:06am.
FOR IMMEDIATE RELEASE
Information from the Offices of the Barnstable County Assembly of
Delegates and the Board of Regional Commissioners.
Barnstable County ARPA Application Portal Opening for Towns
$10 million county ARPA funds allocated for application by towns
May 11, 2022 (Barnstable, MA) – The Barnstable County Board of Commissioners and Assembly of
Delegates are pleased to announce that tomorrow (5/12/22) Cape Cod's 15 towns may begin submitting
project applications to the County for funding under the federal American Rescue Plan Act (ARPA).
Barnstable County will receive $41.3 million in ARPA funds from the US Treasury and must expend those
funds by 12/31/26.
The Board of Commissioners and the Assembly of Delegates have allocated $10 million of that amount for
application by the 15 towns in the following amounts:
Allocation amounts to regional projects remain under review.
"Our towns and our region will benefit from this once-in-a-lifetime funding opportunity and will
make use of it to address, among other priorities, issues of water quality, housing accessibility,
and economic development," said Sheila Lyons, Chair of the County Board of Commissioners.
"We are pleased to be working in concert with the Assembly of Delegates on this." According to
Patrick Princi, Speaker of the Barnstable County Assembly of Delegates, "the Assembly
anticipates a quick, thorough, and user-friendly process through the portal for towns to receive
money to aid or begin ARPA eligible-projects.”
Barnstable County will receive $41.3 million in ARPA funds from the US Treasury, and the 15
towns in Barnstable County will, collectively, receive an additional $26.1 million in ARPA funds.
Additional information about the County's ARPA program can be found at
https://www.barnstablecounty.org/barnstable-county-federal-american-rescue-plan-act-arpa/.
About Barnstable County Regional Government of Cape Cod:
Barnstable County provides exemplary government functions and services to keep our
community healthy and safe, promote sustainable growth, and offers a proactive, open
government that enhances the quality of life for the citizens of Barnstable County. Learn more at
www.barnstablecounty.org
MEDIA CONTACT
Sonja Sheasley, Communications Manager
Sonja.sheasley@barnstablecounty.org
(508) 375-6896
Page 1 of 3
BARNSTABLE COUNTY
In the Year Two Thousand Twenty-Two
Ordinance 22-07
The Cape Cod regional government, known as Barnstable county, hereby ordains;
Section 1.
1.a The sum of $10,000,000 shall be expended for distributions to towns in Barnstable County
and shall be derived from funds received by Barnstable County under the American Rescue
Plan Act of 2021 (ARPA).
1.b. Barnstable County shall directly distribute the following funds to each town under Section
1.a. using the mathematical formulation outlined in the following table:
Town
2020
Federal
Census
Population
Town
Population
as % of
County
Population
$10M ARPA
Disbursement
Allocated
Per Capita
Town
Grouping
by % of
County
Population
Percent of
Disbursement
Reallocated
by Population
Reallocation
Amount
Truro 2,454 1.07% $107,163.44 1%‐2% 30% $32,149.03
Wellfleet 3,566 1.56% $155,723.24 1%‐2% 30% $46,716.97
Provincetown 3,664 1.60% $160,002.79 1%‐2% 30% $48,000.84
Eastham 5,752 2.51% $251,183.43 2%‐3% 20% $50,236.69
Orleans 6,307 2.75% $275,419.66 2%‐3% 20% $55,083.93
Chatham 6,594 2.88% $287,952.63 2%‐3% 20% $57,590.53
Brewster 10,318 4.51% $450,575.56 4%‐5% 10% $45,057.56
Harwich 13,440 5.87% $586,909.82 5%‐6% 5% $29,345.49
Dennis 14,674 6.41% $640,797.22 6%‐7% 1% $6,407.97
Mashpee 15,060 6.58% $657,653.41 6%‐7% 1% $6,576.53
Sandwich 20,259 8.85% $884,687.94 8%‐9% ‐4% ‐$35,387.52
Bourne 20,452 8.93% $893,116.04 8%‐9% ‐4% ‐$35,724.64
Yarmouth 25,023 10.93% $1,092,726.51 10%‐11% ‐4.57% ‐$49,965.94
Falmouth 32,517 14.20% $1,419,981.14 14%‐15% ‐6% ‐$85,198.87
Barnstable 48,916 21.36% $2,136,107.18 >20% ‐8% ‐$170,888.57
County 228,996 100.00% $10,000,000.00
Average 15,266 6.67%
1.c. The amount of funds to be directly distributed to each town under section 1.a.
shall be allocated as follows:
Barnstable County Ordinance 22-07
Page 2 of 3
Town Amount
Barnstable $1,965,218.61
Bourne $857,391.40
Brewster $495,633.11
Chatham $345,543.15
Dennis $647,205.19
Eastham $301,420.11
Falmouth $1,334,782.27
Harwich $616,255.31
Mashpee $664,229.94
Orleans $330,503.59
Provincetown $208,003.63
Sandwich $849,300.42
Truro $139,312.48
Wellfleet $202,440.22
Yarmouth $1,042,760.57
Total $10,000,000.00
Section 2.
2.a. All funds expended for direct distribution to towns in Barnstable County derived from
funds received under ARPA shall be applied for through the Barnstable County ARPA
Application Portal (ARPA.barnstablecounty.org)
2.b. Said funds are to be expended by towns only for the purposes and in the ways set forth in
the United States Department of the Treasury Coronavirus State and Local Fiscal Recovery
Funds Final Rule (ARPA Final Rule) effective on April 1, 2022 or any subsequent directives
issued, except towns shall not expend those funds: (i) for the provision of government services
to the extent of the reduction in revenue due to the COVID–19 public health emergency as
defined in the ARPA Final Rule or subsequent updates; or (ii) to respond to workers performing
essential work during the COVID19 public health emergency by providing premium pay to
eligible workers
Section 3.
An amount not to exceed $617,664 may be expended by Barnstable County for the purpose of
managing and administering funds received under the American Rescue Plan Act of 2021 for
the period of May 25, 2021 through June 30, 2023 and shall be derived from those funds
Barnstable County Ordinance 22-07
Page 3 of 3
Adopted by the Assembly of Delegates on April 20, 2022
____________________________
Patrick Princi, Speaker
Assembly of Delegates
Section 4.
No additional ordinance shall be required for funds expended for distributions to towns in
Barnstable County under Section 1 of this ordinance, or for funds expended for management
and administration under Section 3 of this ordinance
Section 5.
Barnstable County shall utilize the Ordinance Process provided in Section 1-6, Section 2-8, and
Section 3-8 of the Barnstable County Home Rule Charter to expend any and all funds received
by the County under ARPA not authorized to be expended in this ordinance
Brewster Select Board Meeting of May 23, 2022
Consent Agenda Items
1
Item #9: Consent Agenda
Approval of Regular Session Meeting Minutes from April 25, May 9, and May 14, 2022
Meeting minutes from Select Board regular session meetings have been drafted for review.
Administration Recommendation:
We recommend the Board approve the meeting minutes as presented.
One-Day Entertainment License Applications: Brewster Historical Society (plus fee waiver
request), Cape Cod National Golf Club, LLC, Chatham Bars Inn Farm (4) and Snowy Owl Coffee
Roasters
Brewster Historical Society:
On Sunday October 9, 2022, the Brewster Historical Society will be hosting a Harvest Market at
Drummer Boy Park from 10am – 1pm. During this event they would like to have an amplified
acoustic guitar for the guests. Over the course of the event, they expect 1000 people, with no
more than 50 at any one time. The Brewster Historical Society would also like to request a
waiver of the $35 fee.
Cape Cod National Golf Club, LLC
On Friday August 26, 2022, the Cape Cod National Golf Club will be hosting a rehearsal dinner
and cocktail hour at their location of 174 South Orleans Road from 7pm until 10pm. The
acapella group, The Hyannis Sound, will be performing for the 150 guests.
Chatham Bars Inn Farm:
On Wednesday June 1st, CBI Farm will be hosting a private farm to table dinner for Chatham
Bars Inn guests only from 5pm to 9pm. During this dinner they would like to have acoustic
music for their 45 guests.
On Thursday June 2nd CBI Farm will be holding a private farm to table dinner for Chatham Bars
Inn guests only from 5:30pm until 9:00pm. During this event they would like to have acoustic
music for an expected 50 attendees.
On Wednesday June 8th CBI Farm will be hosting a private farm to table dinner for Chatham
Bars Inn guests only from 6pm to 9pm. During this dinner they would like to have acoustic
music for their 45 guests.
On Saturday June 11th CBI Farm will be hosting a private farm to table dinner for Chatham Bars
Inn guests only from 5:00pm to 8:30pm. During this dinner they would like to have acoustic
music for their 30 guests.
Snowy Owl Coffee Roasters
On Friday June 10th, the Snowy Owl will be hosting a music night with a guitar and vocalist
guests. The event will be indoors from 7pm until 10pm and they expect 40 attendees.
Brewster Select Board Meeting of May 23, 2022
Consent Agenda Items
2
Administration Recommendation:
We recommend that the Board approve all one-day entertainment applications and the fee
waiver request for the Brewster Historical Society.
One-Day Liquor License Applications: Snowy Owl Coffee Roasters & Chatham Bars Inn Farm (6)
Snowy Owl Coffee Roasters
On Friday June 10th, the Snowy Owl will be hosing a music night at their location of 2624 Main
Street from 7pm – 10pm. During this event they would like to serve beer and wine to their
expected 40 attendees.
Chatham Bars Inn Farm:
On Wednesday June 1st, CBI Farm will be hosting a private farm to table dinner for Chatham Bars
Inn guests only from 5pm to 9pm. During this dinner they would like to serve beer, wine, and
liquor to the expected 45 guests.
On Thursday June 2nd, CBI Farm will be hosting a private farm to table dinner for Chatham Bars
Inn guests only from 5:30pm to 9:00pm. They would like to serve beer, wine, and liquor to the
expected 50 guests.
On Wednesday June 8th, CBI Farm will be hosting a private farm to table dinner for Chatham Bars
Inn guests only from 6:00pm to 9:00pm. They would like to serve beer, wine, and liquor to thee
expected 45 guests.
On Saturday June 11th, CBI Farm will be hosting a private farm to table dinner for Chatham Bars
Inn guests only from 5:00pm to 8:30pm. They would like to serve beer, wine, and liquor to thee
expected 30 guests.
On Wednesday June 22nd, CBI Farm will be hosting a public farm to table dinner from 4:30pm to
9:00pm. They would like to serve beer, wine, and liquor to thee expected 150 guests.
On Wednesday June 29th, CBI Farm will be hosting a public farm to table dinner from 4:30pm to
9:00pm. They would like to serve beer, wine, and liquor to thee expected 150 guests.
Administration Recommendation:
We recommend that the Board approve all one-day liquor license applications.
Appointments: Barnstable County HOME Consortium Advisory Council, Donna Kalinick and Jill
Scalise
The Barnstable County HOME program manager is requesting that Jill Scalise be re-appointed as
representative member to the Barnstable County HOME Consortium Advisory Council for a three-
year term that will run through June 30, 2025. Donna Kalinick will be re-appointed as alternate
representative for a one-year tern that will run through June 30, 2023. Both of their current
terms end on June 30, 2022.
Administration Recommendation:
We recommend that the Select Board re-appoint both Jill Scalise and Donna Kalinick to the
Barnstable County HOME Consortium Advisory Council.
Brewster Select Board Meeting of May 23, 2022
Consent Agenda Items
3
Request for Approval to Perform Site Modification Work at Water Tower Site: 0 Yankee Drive
T-Mobile is requesting permission to perform site modification work to its communications
facility located at 0 Yankee Drive. T-Mobile will be replacing 6 antennas, replacing 6 radio units,
replacing cabling, adding equipment to existing lease area and upgrading equipment on site.
Written consent from the Town of Brewster is required to perform modifications per the ground
lease agreement.
Administration Recommendation:
We recommend that the Board approves this request.
Request for Approval to Submit One Stop Grant Application on Behalf of the Town
The Office of the Town Administrator is requesting approval to submit an application to the
Community One Stop for Growth grant program, run by the Executive Office of Housing and
Economic Development. The application will be for $75,000 to fund the planning and design
phase of the project to develop the former Cape Cod Sea Camps properties.
Administration Recommendation:
We recommend that the Board approves this request.
•Request for Select Board Letter of Support for One Stop Grant Application
The Office of the Town Administrator is requesting a letter of support from the Select Board to
submit along with its application to the Community One Stop for Growth grant program, run by
the Executive Office of Housing and Economic Development.
Administration Recommendation:
We recommend that the Board approves this request.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 1 of 8
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: April 25, 2022
TIME: 6:00 PM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Chair Bingham,Vice Chair Whitney, Selectperson Chaffee, Selectperson Hoffmann,
Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick,
Daniel Viera, Vishal Shukla, George Boyd, Jill Scalise, Chief Robert Moran, John Ostman
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 6:00pm and declared a quorum with all five Select Board
members present. Chair Bingham read the meeting participation and recording statements.
Public Announcements and Comments:
None
Select Board Announcements and Liaison Reports
Selectperson Chaffee thanked the Natural Resources Department and Recycling Commission Chair, Meg
Morris as well as all volunteers who participated in Beautify Brewster on Saturday April 23rd.
Selectperson Whitney read a bike month proclamation and announced Bikefest will take place on May 21st at
the Eddy School gym, registration begins at 12pm, the event will run from 1pm to 4pm.
Town Administrator’s Report
Mr. Lombardi provided an update on Covid, in what is seemingly like a mini surge, our general population
new positive cases continue to be around five per week. We have seen a small increase in our long-term
care facilities, but they have proven not to be too severe. At the State level, in the early days of the
pandemic there were provisions put in place for expanded outdoor dining, we have about 8 restaurants in
Town who have taken advantage of the program. This was set to expire the beginning of April; however, the
Legislator and Gov. Baker have passed Ch. 42 of the Act of 2022, which extended the program until next
April. The State supersedes local zoning bylaws in these provisions. When this program does end, the Town
will have to sort out the extent to which we would like to keep some version in place, doing so will mean
Town Meeting vote and review of local zoning bylaws.
Update about Town Meeting:
The warrant has been posted on the website and at all the relevant locations around Town have hard
copies. The insert will be in the Cape Codder this Friday.
A 40 minute video summarizing the highlights of the warrant will be available on the website.
Pre-Town Meeting forum on Tuesday May 3rd at 6pm, presenting the articles and taking questions
from residents.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 2 of 8
Office of:
Select Board
Town Administrator
Update on Town Projects:
Bog Pond Drainage Improvement project began today, the Town awarded the contract to Robert B.
Our Company. The project includes installing new drainage collection systems and related
stormwater infiltration infrastructure, then paving the project. Expected to be completed by peak
summer in June, and then finish paving in the Fall.
MassDOT provided notice that starting last night and through this week, on the overnights from 9pm
until 5am they are repairing the dividers in the medium between Exit 6 and the Orleans Rotary. There
will be periodic closures and detours.
Mr. Lombardi acknowledged and thanked Ann Christen for her service as the Assistant Town Accountant
for 33 years as she prepares to retire at the end of the week.
Consent Agenda
a.Meeting Minutes: March 21 and March 23, 2022
b.Appointments: Peter Nielson, Natural Resources Commission; Patrol Office, Joseph Thacher; Special
Police Office, George Bausch; Prisoner Attendants, Deidre Schofield, Leah Pelkey, Alizah Packett, and
Anna Milan
c.One Day Hawker & Peddler License: Nauset Youth Alliance
d.Request For Facility Use: Brewster Recreation Department, Crosby Beach; Brewster Conservation
Trust, Calf Field Pond Trail, West Gate Road; Brewster Historical Society, Drummer Boy Park (includes
fee waiver request)
e.One-Day Entertainment License- Beyond the Bounds, Brewster in Bloom
f.Donation/Gift Acceptance: Brewster Fire Department, Brewster Golf Commission, Town of Brewster
Quarterly Donations (Q1-3)
g.Town Landing and Public Beach Access Request: Point of Rocks & Breakwater Beach
h.Request for Approval to Perform Modifications to Facility at Cell Tower Site: 1151 Freemans Way
i.Approval of Affordable Housing Restriction at Huckleberry Lane
j.Permission Request for Temporary Signs and Fee Waiver; Whitecaps Baseball
Selectperson Chatelain moved the consent agenda for April 25th. Selectperson Chaffee second. A roll call
vote was taken. Selectperson Whitney-yes, Selectperson Chaffee- yes, Selectperson Chatelain-yes,
Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Vote to Appoint New Republican Registrar
Selectperson Chaffee thanked Frank Smith for his 11 years of service as the Republican Registrar for the
Town of Brewster.
Selectperson Chatelain nominated Helga Dyer to the position of Republican Registrar. 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.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 3 of 8
Office of:
Select Board
Town Administrator
6:15pm Public Hearing- Transfer of Liquor License, Brewster Wine and Spirits
Selectperson Chatelain moved to open the public hearing. Selectperson Chaffee second. A roll call vote was
taken. Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Selectperson
Chatelain-yes, Chair Bingham-yes. The vote was 5-Yes, 0-No.
There were no public comments or questions from the Select Board.
Daniel Viera, attorney for the new owner of Brewster Wine and Spirits added that Vishal Shukla is TIPS
certified, has approximately 14 years of experience in this same business with no violations. They do not
expect any changes to the operation of the current business.
Selectperson Chatelain moved to approve the transfer of license from Rachel Alger to the Vidira Corp. at
Brewster Wine and Spirits LLC an annual off-premises all alcohol package store license and a pledge of liquor
license and inventory. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee-yes,
Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Whitney-yes, Chair Bingham-yes. The
vote was 5-Yes, 0-No.
Selectperson Chatelain moved to close the public hearing. Selectperson Chaffee second. A roll call vote was
taken. Selectperson Chatelain-yes, Selectperson Whitney-yes, Selectperson Chaffee-yes, Selectperson
Hoffmann-yes, Chair Bingham-yes. The vote was 5-Yes, 0-No.
Presentation and Vote on Proposed Brewster Historical Preservation Award Program- George Boyd,
Historical Commission Chair
George Boyd outlined that the charge of the Historical Commission is to promote and oversee the
preservation and development of the historical and archeological assets of the Town. One of the
responsibilities of the commission is to review applications for historic funds submitted to the Community
Preservation Committee (CPC) and make recommendations to the CPC for funding. The Commission is
responsible for maintaining the Town’s inventory of historic structures and their historic significance. The
Brewster Vision Plan makes clear the Town people want to restore the Town’s historic character and the
Historical Commission would like to publicly celebrate projects that honor the Town’s history. The
Commission is proposing a new initiative for the annual Brewster Historic Preservation award, modeled after
awards in Dennis and Chatham that have been successful. In the packet is a draft of the program and
application.
Selectperson Chatelain moved approve the Brewster Historical Preservation Award Program as outlined in
the packet. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chatelain-yes,
Selectperson Chaffee-yes, Selectperson Hoffmann-yes, Selectperson Whitney-yes, Chair Bingham-yes.
The vote was 5-Yes, 0-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 4 of 8
Office of:
Select Board
Town Administrator
Discuss and Vote to Sign Regulatory Agreement with Elevation Financial for Serenity Brewster Local Action
Unit Application
Jill Scalise noted that Serenity Brewster, a 55+ community is comprised of 132 studio and 1-bedroom
apartments of which 20% or 27 apartments will be restricted as affordable for residents at or below 80% of
the area medium income. Currently phase 1 is opened with 40 units occupied, in late November the Select
Board approved a local action unit application as part of the local initiative program of the Department of
Housing and Community Development (DHCD), part of that application included a regulatory agreement.
The Town and Elevation Financial agreement has been finalized and has been signed by Elevation Financial as
well as their mortgage lender. DHCD is waiting for the Town to sign the regulatory agreement which will
restrict these units to remain affordable in the future and guides all of the requirements so the units can be
requested to be on our subsidized housing inventory. Once signed, this will begin the marketing period so
Serenity of Brewster will be able to market the available units, using a fair marketing process overseen by
State guidelines.
Selectperson Hoffmann requested clarification, about the affordable in perpetuity. Mrs. Scalise responded
once the initial waitlist is created it will be recertified each year to remain affordable.
Ms. Kalinick added that the Town has been working with the Cape Cod Rural Transit Authority to add a stop
at Serenity Brewster once phase 2 is open, at the same time we will be working to add a stop for Brewster
Woods. Ms. Kalinick noted that there is an extensive list of people who have contacted the housing office to
be notified when the lottery will be open, we expect a robust response.
Mr. Lombardi thanked the development team at Elevation Financial for running a great project and being
great partners with the Town. This has moved quickly, without any public dollars and a commitment by the
developer to double the required amounts of affordable housing. Ms. Kalinick also thanked DHCD as they
have been incredibly flexible throughout the process.
Selectperson Chatelain moved to approve and authorize the Select Board Chair to sign the purposed
regulatory agreement with Elevation Financial for Serenity Brewster. Selectperson Chaffee second. A roll call
vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes,
Selectperson Whitney-yes, Chair Bingham-yes. The vote was 5-Yes, 0-No.
Review Resident Input on Proposed Millstone Road Construction Project and Vote on Next Steps (Select
Board FY22-23 Strategic Plan Goal CI-4)
Mr. Lombardi noted this is a project that has been in the works for about 4 years, including public forums
and several considerations. There was a delay in the process due to personnel changes at the DPW and
though not public at the time, the Select Board executive sessions around the acquisition of the Sea Camps.
Following the pause in the project, the Town worked with the consulting team to revise the design and
presented it to the public in a forum in February. There was a public comment period for three weeks and
the Town provided both a summary of the comments and the individual emails from the residents.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 5 of 8
Office of:
Select Board
Town Administrator
Responses to the latest design have been supportive – we received just over 50 comments in total, almost 40
were in favor of the project. There was, as expected, a good number of comments and elements that
residents raised, all of which have been helpful. We have outlined the highlights of the comments and the
Town’s overall response to them. Some of the key changes and highlights include:
Seeking as much as possible to shrink the overall project footprint and potential impacts of residents
who live on Millstone. Propose reducing the shoulder to 1ft on each side (from 2ft). Outlined in the
cover memo, we think we could accommodate a 1 ½ ft shoulder on each side and make sure the
project does not require any easements on private property.
Maintained the 5ft sidewalk throughout from Long Pond up to Main Street, following as much as
possible the roadway geometry. Recognizing the right of way, to the extent we need to make sure
the road, sidewalk and drainage structures need to remain in the right of way to avoid easements. A
slight adjustment, but not to the extent as originally proposed.
All with an eye toward doing our best to retain the existing character but make targeted safety
improvements, the installation of the sidewalk being the most important.
There was discussion regarding the granite curbs, the recommendation is to install granite curbing with an
angled edge, not a hard 90-degree edge. The topic of the speed limit on Millstone Road was brought up,
Selectperson Hoffmann would like to see a commitment from the Town to pursue a reduced speed. Mr.
Lombardi noted that the Town remains committed to do everything we can to work with the State to reduce
the speed limit. About two years ago a request was made to reduce the speed limit and at that time the
State responded that we have a special regulation in place, from the 1970s, and they have their standard
regulatory process in place. The State will complete a survey once the road construction is completed. Mr.
Lombardi noted that we do not want to end up with the opposite results of what we are seeking with the
State. The Town is looking at multiple ways to help reduce the speed of cars.
The travel shoulder was discussed and the 1ft wide shoulder, it was agreed that 1 ½ ft would be ideal. Mr.
Lombardi noted that the point of the shoulder is to convey stormwater to catch basins. Noting that there
may be areas where 1 ½ ft may not be possible, but the goal is to have a consistent shoulder. A crosswalk at
6A to the Sea Camps Bay property was included in the presentation in February, this will be part of the next
step, taking the conceptual design and bringing it through to the point of local and state permitting
processes.
Selectperson Chatelain moved to support the Millstone Road re-design project as outlined in the packet,
with revisions of a 1 ½ ft shoulder on either side where feasible and granite curbing where feasible. As well
as to direct the Town Administrator to work with Town Staff and the contractor to finalize the design.
Selectperson Chaffee second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Whitney-
yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Bingham-yes. The vote was 5-Yes, 0-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 6 of 8
Office of:
Select Board
Town Administrator
Presentation and Discussion of Brewster Fire / Rescue Fiscal Year 2022-2036 Strategic Plan- Chief Moran
Chief Moran introduced John Ostman, who was hired to help develop the strategic plan. Ostman Business
Strategy, LLC is an outside party who reviewed the organization, capture the viewpoints of the young and
engaging professional staff. Chief Moran thanked his staff for their open and honest communication on how
to better themselves and the community.John Ostman commented that the Fire Department has a
dedicated group of professionals, it was evident through his time working with the Town to develop the plan.
Mr. Ostman provided a summary of the process and the plan that was created, this is available in the
PowerPoint in the packet. The goals of the strategic planning process include:
Previous Plan (2013-2018) ready for an update.
Articulate the organization’s strengths, weaknesses, opportunities, and threats.
Develop a 5-year strategic plan (2022-2026)
Provide a group unifying planning experience
Buy-in/Ownership of the Department for successful implementation.
Mr. Ostman reviewed the plan framework on how the plan was put together, starting with the highest level
of thinking and then narrowing down to the granular details. The Brewster Fire Department planning
process was reviewed which included a timeline of events, which started in March 2021. The process
included full department meetings, development of a mission statement, core values, vision and strategic
goals and objectives. Small working groups were put together that developed strategies and action plans. In
November 2021 the plan was presented to the full department for their approval. From November through
January 2022 there was graphic design, and the final plan report was completed.
Mr. Ostman shared the completed Strategic Plan on his screen and reviewed the 5 Strategic Goals:
Professional Development, Cultural Development, Operations Excellence, Community Engagement and
Resource Management. He shared both the mission statement and the vision statement. Adding that the
process doesn’t just create a strategic plan every 5 years, but a plan that the department can use it to review
the progress that has been made and what adjustments need to be made.
Proclamation on Public Service Recognition Week
Chair Bingham read the public service recognition week proclamation, May 1- May 7th; the full proclamation
is available in the packet.
Discuss and Vote on Proposed American Rescue Plan Act Expenditure Plan (Select Board’s FY 22-23
Strategic Plan Goal G-8)
Mr. Lombardi reviewed that the Town is eligible to receive just over $1M directly in ARPA funds, and in
previous meetings have talked about how the Town envisioned spending the money locally. When the US
Treasury issued their final rule, they included an expanded provision where municipal entities and others
could claim up to $10M (standard deduction) of lost public sector revenues and direct the funds to be used
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 7 of 8
Office of:
Select Board
Town Administrator
for general government purposes with significant discretion. The eligible categories are outlined in the
supporting documents in the packet.
The proposal is as follows and would require the Board’s approval:
$275K for one-time premium pay for certain eligible front-line Town employees. Includes separate
one-time funding for Department Heads who took on tremendous workload and additional
responsibilities. Brewster Schools staff have already received one-time payments through the district
for recognition of their service during the pandemic. Intent is to acknowledge the workers who were
at greatest risk working through the pandemic.
o Proposed a sliding scale for different personnel in Town:
$3,000 for Fire and EMS
$2,500 for Police Officers
$2,000 for Health Dept, Building Dept, and Fire Administrative personnel
$1,750 for Police administrative personnel and dispatchers
$1,500 for DPW, Water and Facilities personnel
$1,000 for administrative personnel, Council on Aging, Recreation, Library, Natural
Resources and Golf.
o For each of the 14 full months that we were under the State of Emergency, we looked at each
individual employees in person attendance or at least 50% of each of those months, either
working in the office, interacting with the public and/or working in the field. For each eligible
employee over those 14 months, their one-time payment is prorated to the months in which
they had the exposure. This is something other communities have done and is the fairest and
most equitable approach in allocating the funds.
$150K for public health expenditures related to the pandemic, includes partial funding for new part-
time (8hrs initially) public health nurse, also funded in the FY23 operating budget. Other expenditures
include, visiting nurses’ association and at home covid tests for residents.
$150K for resident beach access at Sea Camps Bay property, approximately $100K for design,
permitting and construction. Up to $50K for operating expenses.
$250K for site remediation at the Sea Camps based on Phase II report findings
$125k for Long Pond boat ramp, $100K for the construction, in addition to a $225K free cash
appropriation that will be requested at Town meeting.
$25K for Crosby Property Revolving Fund revenue loss, accounted for outside the general fund.
$25K for partial funding of new seasonal Natural Resources positions (FY23-24).
Mr. Lombardi noted we are looking to use approximately $5K for the purposes of funding our single audit,
since the Town received over $750K in federal funding this year, we are required to have the supplemental
audit completed. All figures are intended to be a not to exceed amount, the deadline to allocate the funds
runs through December 2024, we will be providing updates to the Board. As a side note, relatively to the
earlier discussions about County’s ARPA funds and where they stand today, we received notice that the
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 04.25.2022 www.brewster-ma.gov Page 8 of 8
Office of:
Select Board
Town Administrator
Assembly had passed an ordinance that would allocate an initial $10M to the Towns. Brewster would be set
to receive just under $500K, amount is not included in the above proposal.
Selectperson Chatelain moved to approve the funding allocation formula outlined for the American Rescue
Plan Act Expenditure Plan. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann-
yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Selectperson Chatelain-yes, Chair Bingham-yes.
The vote was 5-Yes, 0-No.
For Your Information:
None
Matters Not Reasonably Anticipated by the Chair:
None
Questions from the Media:
None
Next Meetings:
May 9, May 14, May 23, and May 25, 2022.
Adjournment
Selectperson Chatelain moved to adjourn at 8:03pm. Selectperson Chaffee second. A roll call vote was taken.
Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Whitney-yes, Selectperson Hoffmann-
yes, Chair Bingham-yes. The Board vote was 5-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, Select Board Announcement, TA Report, Consent Agenda, Public Hearing documents, New
Republican Registrar, Proposed Brewster Historical Preservation Award Program, Regulator Agreement with Elevation Financial, Proposed
Millstone Road Construction Project, Brewster Fire/Rescue FY22-26 Strategic Plan, Proclamation, Proposed ARPA Expenditure plan, FYIs.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.09.2022 www.brewster-ma.gov Page 1 of 7
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: May 9, 2022
TIME: 6:00 PM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Chair Bingham,Vice Chair Whitney, Selectperson Chaffee, Selectperson Hoffmann,
Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick,
Meg Morris, Bob Brown, Honey Pivirotto, Mimi Bernardo
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 6:00pm and declared a quorum with all five Select Board
members present. Chair Bingham read the meeting participation and recording statements.
Public Announcements and Comments:
None
Select Board Announcements and Liaison Reports
Selectperson Hoffmann shared that at the school committee meeting on April 28th it was announced that the
Brewster pre-school will offer a full day program as well as their traditional half-day program. For those who
are eligible, there is financial support through the Community Development Block Grants. For more
information about the program availability contact Stony Brook Elementary school and for information about
the grants contact either Donna Kalinick or Jill Scalise.
Selectperson Chaffee mentioned that on Saturday May 21st at 10am there will be a brief ribbon cutting
ceremony at the Brewster Dog Park to officially open the facility.
Town Administrator’s Report
Mr. Lombardi shared updates on the following topics:
COVID Pandemic
o Trending in a negative direction the past couple of weeks, we are up around 30 new general
population positives per week.
o Barnstable County was designated as a high-risk county as of last Friday. Reinforces the plan
to hold Town Meeting outdoors.
o Thanked the Brewster Baptist Church for holding a vaccine clinic last week.
Town Meeting
o Saturday May 14th at 10am with check in at 9am.
o The warrant is available online and hardcopies in Town buildings. Informational video and
forum were completed last week, both available on the Town website and Channel 18.
o At home test kits will be available at check in, one per resident while supplies last.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.09.2022 www.brewster-ma.gov Page 2 of 7
Office of:
Select Board
Town Administrator
Brewster Dog Park
o Acknowledged the following partners in the project; Speakman excavating, Agway of Cape
Cod, Public Works and Water Department employees, and Friends of Brewster Dog Park.
Upcoming Events
o Council on Aging is hosting their first ever Health and Wellness Fair on Tuesday May 17th from
10am-2pm at the Brewster Baptist Church, showcasing Brewster town departments and local
service providers.
Grant – State and Federal Funding
o State has approved an additional $100M in supplemental road funding through Mass DOT,
similar to the Ch. 90 program. Brewster’s allocation was just over $186K.
o In the updated Pavement Management plan, one of the helpful elements is that it reviews all
infrastructure needs and provides a cost benefit analysis. We are looking to repave Foster Rd
and Point of Rocks Rd. using the State funds for the paving work and DPW capital road articles
to handle some of the drainage improvements.
Natural Resources Conservation Service (NRCS)
o The Cape Cod Conservation District received over $42M through the Federal NRCS program.
Of this allocation we should receive about $1.3M for funding of 3 projects, presentations on
these projects will be provided later this summer:
Freemans Pond Culvert project ($400K), the culvert located at Paines Creek. Looking to
improve the wingwalls to prevent further erosion.
Stoney Brook Mill ($440K), Town meeting approved $125K to repair and reconstruct
the retaining wall that is south of the road.
Stoney Brook Mill -$500K to improve the fishway passage north of the road.
o NRCS provides 100% of the upfront design costs, which is over $120K for these three projects.
Town Planner
o Jon Idman has been hired as our new Town Planner. Most recently Jon was the Director of
Planning and Community Development for the Town of Harwich. Prior to that he had worked
as the Chief Regulatory Officer of the Cape Cod Commission and a local land use attorney.
o Thank you to Lynn St. Cyr and Ellen Murphy for their great work in keeping the office going for
the past 8 months.
Nina Gregson retirement
o Acknowledged her 24 years of service at the Brewster Ladies Library, starting as a Library
Assistant in 1998 and working her way through the organization to Adult Circulation Manager.
Consent Agenda
a.Meeting Minutes: April 4, 2022
b.Appointment: Cultural Council: David Iannitelli
c.One Day Liquor Licenses: Cape Cod Museum of Natural History (2), Maplewood at Brewster, Chatham
Bars Inn Farm (2)
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.09.2022 www.brewster-ma.gov Page 3 of 7
Office of:
Select Board
Town Administrator
d.One-Day Entertainment Licenses: Erin Drake-598 Main Street, Chatham Bars Inn Farm (3)
e.Gift Acceptance: Brewster Golf Department
f.Transfer of Hawker & Peddler License: Eric Barber, Boundless Inc.
Selectperson Chatelain moved the consent agenda for May 9th. Selectperson Chaffee second. A roll call vote
was taken. Selectperson Chatelain-yes, Selectperson Chaffee- yes, Selectperson Hoffmann-yes, Selectperson
Whitney-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Vote to Appoint New Democratic Registrar: Sally Andreola
Selectperson Chaffee commented that once appointed registrars must function in a fair, neutral, and
equitable manner under the applicable laws and regulations. Sally Andreola has excellent qualifications for
this position, having worked with the Town Clerk previously for five years. It is critical that trustworthy
citizens be appointed to these positions, Selectperson Chaffee is confident that Sally Andreola will perform
her duties professionally.
Selectperson Whitney moved to appoint Sally Andreola to the position of Democratic Registrar. Selectperson
Chatelain second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Hoffmann- yes,
Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Mr. Lombardi noted that the Board moved to appoint a new Republican registrar at the last meeting,
however that applicant withdrew. In the FYI packet is a newly proposed consideration to be voted on at the
next meeting on May 23, 2022.
Vote to Refer Ridgewood Drive Betterment Petition to Planning Board
Selectperson Chatelain moved to refer the Ridgewood Drive Betterment Petition to the Planning Board.
Selectperson Chaffee second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Chaffee-
yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Bingham-yes. The vote was 5-Yes, 0-No.
Report on 2022 Beautify Brewster Event- Meg Morris
Meg Morris provided an overview of the data collected from the event which showed that the teams picked
up a total of 2,767 nips, which is significantly more than prior years. The Recycling Commission will be
discussing the potential of recommending a nips ban to the Select Board in the future. In other areas,
cigarette butts and beverage cans were at the top of the data collection information. One interesting find
was whipped cream containers, finding a total of 13 on one of the teams’ routes. The packet contains
details of the data collection. About 200 people joined Beautify Brewster.
Selectperson Hoffmann commented that there were many less plastic water bottles and that the ban that
was imposed did make an impact. Selectperson Chaffee thanked Meg for her leadership, the DNR, DPW and
the volunteers for their help. This event provides the Town with valuable data, though we are never going to
stop littering completely, we may be able to find some solutions to the issues.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.09.2022 www.brewster-ma.gov Page 4 of 7
Office of:
Select Board
Town Administrator
Update on Beach Naming Contest
The Town received over 550 submissions during the contest period. Shortly after the deadline the list of
submissions were reviewed, and a short list of possible names have been created for the Select Board to
consider. Mr. Lombardi noted that there were several names that acknowledged or recognized the Towns’
Wampanoag heritage, we wanted to make sure they were both historically accurate and culturally sensitive,
so we are waiting for feedback from Wampanoag leadership on the potential names before bringing them
forward. The plan is to come back at the meeting on the 23rd with the list of names for the Board to vote on.
Mr. Lombardi shared that the Town has received our permitting approvals from the Conservation
Commission for the beach parking for the residents only beach this summer. We are hopeful that we can
formally announce the plan that will be implemented this summer soon. Adding that a lot of logistics need to
be coordinated and work to be completed in a short amount of time. We want to make sure we set
reasonable expectations; the plan is to provide public access as soon as possible.
Review and Vote to Accept Fiscal Year 2021 Financial Audit- Bob Brown & Honey Pivirotto, Audit
Committee Chair
Honey Pivirotto noted that the Audit Committee members reviewed the presentation of the Audit on April
11th and Management letter for the period ending June 30, 2021. The Audit Committee voted to accept and
approve the audited financial statements of fiscal year 2021. The full audit is available in the packet, the
highlights include:
Auditor provided a clean opinion indicating the financial statements present fairly and all material
respects the financial position of the government activities in accordance with the County principles
generally accepted in the United States.
No issues of concern at all were identified in the management letter. The one prior period issue
related to the water receivables has been resolved through substantive action.
The financials are in very good order and reflect a healthy financial position for the Town.
The net assets for the Town as of June 30 were $69.7M, revenues for the 12 month period were
$61.8M and the total expenditure for all Town services which includes education, governmental, and
business type were $54.15M. An increase of $7.6M in the Town’s net position.
The Town’s investment and capital assets totaled an excess of $109M, long term debt totaled
$21.4M. Note that the full extent of the impact of COVID 19 could not be determined as of the date
of the financial statements.
The Town of Brewster extended more than $750K in federal funds awards during FY2021 triggering
the requirement for a single audit for the Town. The goal of the audit is to provide assurance that tax
dollars have been expended as intended and to help reduce the risk of fraud and misappropriation of
public funds. This can be expected to continue for FY22.
Selectperson Chatelain moved to approve and accept the fiscal year 2021 Financial Audit. Selectperson
Chaffee second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Whitney-yes,
Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Bingham-yes. The vote was 5-Yes, 0-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.09.2022 www.brewster-ma.gov Page 5 of 7
Office of:
Select Board
Town Administrator
Status Update on Cape Cod & Islands Water Protection Fund and Discussion on Financing Options for
Integrated Water Resource Capital Planning (Select Board FY22-23 Strategic Plan Goal WR-1)
Selectperson Chaffee recused herself from the discussion. Mr. Lombardi noted this is a complex policy issue
with some potentially significant financial implications for the Town. One of the action items was working
with the legislative delegation to set up a meeting with relevant State officials, that meeting is scheduled in
the coming weeks. The Town will have representation from the Select Board, our Health Director, Natural
Resources Director, and Mark Nelson our longtime consultant from Horsley Witten, and the Town
Administrator. The issue is SRF eligibility for IA systems, for Brewster this means systems primarily around
our ponds and private property, and to understand the extent to which Brewster can then access subsidies
through the Cape & Islands Water Protection Fund.
The Town provided the executive committee for the CCIWPF a direct update and following that discussion
the executive committee voted to authorize Cape Cod Commission staff to provide technical assistance to
Brewster and other towns to look at this issue. The Commission staff after meeting with relevant Town staff
provided a draft copy that will be refined over the next couple of weeks. When the technical assistance is
approved commission staff indicated that their work would take 3-6 months, we conveyed to them the time
sensitivity for Brewster.
Mr. Lombardi noted that Mark Nelson participated in a panel discussion that the New England Water
Environmental Association organized with State officials from the EPA, DEP, and Clean Water Trust to talk
about this specific issue of how to fund and finance IA systems on private property. Adding the importance
of having the Town’s consultant at the table, who is considered an expert on these issues across New
England.
Mr. Lombardi acknowledged another important step in solving the larger issue of funding for water quality
initiatives is bringing forward a new Water Quality Capital Stabilization Fund to Town Meeting. In the FY23
Town operating budget the Town has included a transfer of a little over $112K or 15% of our projected short-
term revenues to the fund. Most critical project on the horizon on the Capital Plan is for a comprehensive
update to our town wide pond water quality data, the last one was completed over 10 years ago. This will be
important in understanding what ponds are at greatest risk and using the data to inform our decision-making
process going forward.
The Town is planning to co-sponsor the Annual Pond Summit with the Brewster Ponds Coalition on June 17,
2022, at the Brewster Baptist Church. Focus will be on pond water quality and the impact of septic system
has on water quality, potential solutions, and financial considerations.
Mr. Lombardi noted that there are two funding initiatives through the EPA, one that the Town has submitted
a letter of interest for and one that the Town may be partnering with or supporting an application for. We
have put in for about $150K to install a new IA septic system at the Captains Golf Course. If we receive the
grant funding, it will cover 2/3 of the costs of the project. The other initiative is a first ever grant program to
pilot the creation of RMEs (Responsible Management Entities), which are pseudo utilities that are a financing
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.09.2022 www.brewster-ma.gov Page 6 of 7
Office of:
Select Board
Town Administrator
and administrative vehicle to manage the individual septic system upgrades. This is a $2.3M grant, there will
be two grants awarded, one to Rhode Island and one to Massachusetts.
Mr. Lombardi has been working with the Department of Revenue to receive data on what we can project for
local revenues. There are nineteen other Towns have already adopted this, but none on the Cape. Of the
nineteen towns in the first three quarters collected a little over $1.4M, a large portion has been the city of
Boston. At this time, we don’t know what our revenues would be, Mr. Lombardi will continue to work with
the State to see if we can find a way to have more certainty.
There was discussion regarding the timeline and when this would be brought to a future Town Meeting. With
the education that the Town wants to do with our residents, this will bring us to Spring 2023. We have
$175K in water quality initiatives in our Capital Plan for FY23, relatively low dollars. In terms of revenue
collected and contributed to the fund, the winter months are leaner months. There will be follow up
discussion and potential vote.
Discuss and Vote on Upcoming Public Meeting Schedule/ Format for Town Committees (Select Board FY22-
23 Strategic Plan Goal G-4)
The recommendation is to continue with the same format for June that was put in place for April and May.
The potential expiration of the expanded remote participation by the State is set for mid-July. There have
been no updates at this time, most boards and committees have opted to remain remote. Under these
protocols public participation is 100% remote, except for public forums in June which will allow the public.
The plan is to bring forward some potential changes to the local remote participation policy, including public
and remote participation, and public forums. The Select Board had expressed interest in televising as many
of our board and committee meetings as possible for transparency and accessibility for our residents. All of
this will be included in the updating of the participation policy.
Selectperson Whitney moved to continue the current format for Town Committees through the month of
June. Selectperson Chatelain second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson
Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Whitney-yes, Chair Bingham-yes. The vote was 5-
Yes, 0-No.
Review Proposed Warrant Article Assignments for Spring 2022 Town Meeting
The proposed assignments are available in the packet.
For Your Information:
None
Matters Not Reasonably Anticipated by the Chair:
None
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.09.2022 www.brewster-ma.gov Page 7 of 7
Office of:
Select Board
Town Administrator
Questions from the Media:
None
Next Meetings:
May 14, May 23, May 25, and June 6, 2022.
Adjournment
Selectperson Chatelain moved to adjourn at 7:23pm. Selectperson Hoffmann second. A roll call vote was
taken. Selectperson Hoffmann-yes, Selectperson Chatelain- yes, Selectperson Chaffee-yes, Selectperson
Whitney-yes, Chair Bingham-yes. The Board vote was 5-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, Select Board Announcement, TA Report, Consent Agenda, Democratic Registrar
Application, Ridgewood Drive Betterment, Beautify Brewster Documents, Beach Naming Contest Memo, FY21 Financial Audit Documents,
CCIWPF Documents, Public Meeting Format Documents, Select Board Warrant Article Assignments, and FYIs.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.14.22 www.brewster-ma.gov Page 1 of 2
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: May 14, 2022
TIME: 9:30 AM
PLACE: 384 Underpass Road
PARTICIPANTS: Chair Bingham,Vice Chair Whitney, Selectperson Chaffee, Selectperson Chatelain, Town
Administrator Peter Lombardi
ABSENT: Selectperson Hoffmann
Call to Order and Declaration of a Quorum
Chair Bingham called the meeting to order at 9:34am and declared a quorum with four Select Board
members present.
Public Announcements and Comments:
None
Consent Agenda
a.One-Day Entertainment License: 217 Rocky Hill Road
Selectperson Chatelain moved the consent agenda for May 14, 2022. Selectperson Chaffee second. A roll call
vote was taken. Selectperson Whitney-yes, Selectperson Chaffee- yes, Selectperson Chatelain-yes, Chair
Bingham-yes. The Board vote was 4-Yes, 0-No.
Discuss and Vote on May Town Meeting Warrant Articles as needed
Article 4- Potential Finance Committee amendment proposing to reduce FY23 Nauset regional budget
to a 2.5% increase is not happening due to the recent Orleans Town Meeting vote approving their
share of the budget.
Article 14- Amendment to propose another unique CPC formula would be outside the scope of the
article per Town Counsel in consultation with the Moderator.
Articles 17 & 18- Citizen petitions on Hunting will not be taken up together as substantively related
since the petitioners did not agree to do so.
Reminder about unusual non-lottery article sequence.
Matters Not Reasonably Anticipated by the Chair:
None
Next Meetings:
May 23, May 25, and June 6, 2022.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Select Board 05.14.22 www.brewster-ma.gov Page 2 of 2
Office of:
Select Board
Town Administrator
Adjournment
Selectperson Chatelain moved to adjourn at 9:42am. Selectperson Chaffee second. A roll call vote was taken.
Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Whitney-yes, Chair Bingham-yes. The
Board vote was 4-Yes, 0-No.
Respectfully submitted by Erika Mawn, Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Chatelain, Clerk of the Select Board
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Office of:
Select Board
Town Administrator
MEMO
To: Brewster Select Board
From: Erika Mawn, Executive Assistant
RE: One-Day Liquor License & Entertainment Licenses
Date: May 20, 2022
The Town Administrator’s office has received multiple applications for one-day liquor licenses and
one-day entertainment licenses for the summer months. These applications include:
One-Day Entertainment License Applications:
Brewster Historical Society
Cape Cod National Golf Club, LLC
Chatham Bars Inn Farm (4)
One-Day Liquor License Applications:
Snowy Owl Coffee Roasters
Chatham Bars Inn Farm (6)
All applications have been submitted with the required application fee(s). For the one-day liquor
licenses, all applicants have completed the fingerprint requirement with the Brewster Police
Department. The Police Chief has been advised of the applications and has provided feedback
which is included on the license if applicable.
On March 8, 2022, the Zoning Board of Appeals approved a Special Event Application for Chatham
Bars Inn Farm. The farm is in their 5th season and will be holding a series of public and private
events throughout the summer. Their Special Event application was approved for up to 36 events
between May and November 2022. Chatham Bars Inn has been advised to contact the Building
Department for regulations related to their temporary structure and tent at any of their events.
Archive d: Friday, May 20, 2022 9:48:17 AM
From: sallygunning@comcast.net
Se nt: Thu, 31 Mar 2022 15:50:44
To: Erika Mawn
Subje ct: RE: entertainment license form
Se ns itivity: Normal
Attachme nts :
Entertainment licenst application 2022.pdf;
Hi again Erika, Attached please find the Entertainment license application. I would like to request that the Select Board grant a waiver o f this fee alo ng with the special permit fees as previously requested. Thank you. Sally Gunning, PresidentThe Brewster Historical Society
From: Eri ka Mawn <emawn@brewster-ma.gov>
Se nt: Wednesday, March 30, 2022 4:48 PM
To: pre si de nt@brewsterhi stori calsociety.org
Subje ct: RE: e ntertai nme nt l i ce nse form
Hi Sally,
Attached i s the appl i cati on for an Entertainment l i ce nse . I will touch base tomorrow wi th Ellen Murphy.
Thank you,
Erika
Erika Mawn
Executi ve As s i s ta nt to the Town Admi ni s tra tor
2198 Ma i n Street Brews ter, MA 02631
(508) 896-3701 ext. 1100
www.brews ter-ma .gov
Beginning March 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the
latest updates on Town services, please visit www.brewster-ma.gov
From: sallygunning@comcast.net <sallygunning@comcast.ne t> On Be half Of pre si de nt@brewsterhi stori calsociety.org
Se nt: Wednesday, March 30, 2022 4:07 PM
To: Erika Mawn <e mawn@bre wster-ma.gov>
Subje ct: e ntertai nme nt l i ce nse form
Hi Erika, I’m o n a special permit roll now! Could you send me an applicatio n for an entertainment license which we need fo r o ur Harvest Market inOct.? I’ve filed fo r the special permit for that and for the curbside pick-up – I’m a day late on the curbside in o rder to make the May ZBAmeeting, as I didn’t know we needed that permit, but we do ho pe to be allowed to be on the May agenda as we had planned to open June 1. I explained the confusion re need for that permit and referred them to yo u if they needed corroboratio n. Thanks for your help. Sally
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-1DE- #08 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Brewster Historical Society
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Amplified Acoustic Guitar
For their Harvest Market
At the following address: 51 Drummer Boy Road, Brewster, MA 02631
This one-day permit is effective on: Sunday October 9, 2022; 10:00am – 1:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-1DE- #09 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Cape Cod National Gulf Club, LL
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Amplified A Cappella Group- The Hyannis Sound
For a rehearsal dinner/cocktail hour
At the following address: 174 South Orleans Road, Brewster, MA 02631
This one-day permit is effective on: Friday August 26, 2022; 7:00pm – 10:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-1DE- #10 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Acoustic Music
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Wednesday June 1, 2022; 5:00pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-1DE- #11 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Acoustic Music
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Thursday June 2, 2022; 5:30pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-1DE- #12 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Acoustic Music
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Wednesday June 8, 2022; 6:00pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-1DE- #13 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Acoustic Music
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Saturday June 11, 2022; 5:00pm – 8:30pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-1DE- #14 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Snowy Owl Coffee Roasters
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Acoustic Music
For a music night
At the following address: 2624 Main Street, Brewster, MA 02631
This one-day permit is effective on: Friday June 10, 2022; 7:00pm – 10:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#13 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Snowy Owl Coffee Roasters
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Beer and Wine
(Music)
At the following address: 2624 Main Street, Brewster, MA 02631
This one-day permit is effective on: Friday June 10, 2022; 7pm – 10pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Additional Comments/Concerns:
Brewster Police Department: depending on the
anticipated number of vehicles, if traffic is increased a
police detail may be required.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#14 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Beer, Wine & Liquor
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Wednesday June 1, 2022; 5:00pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#15 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Beer, Wine & Liquor
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Thursday June 2, 2022; 5:30pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#16 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Beer, Wine & Liquor
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Wednesday June 8, 2022; 6:00pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#17 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Beer, Wine & Liquor
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Saturday June 11, 2022; 5:00pm – 8:30pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#18 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Beer, Wine & Liquor
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Wednesday June 22, 2022; 4:30pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#19 FEE $35.00
Town of Brewster
Local Licensing Authority
This is to certify that: Chatham Bars Inn Farm
IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW:
Beer, Wine & Liquor
For a Private Farm to Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on: Wednesday June 29, 2022; 4:30pm – 9:00pm
Date Issued: May 23, 2022
Select Board
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
Main Office: 508-375-6600 | www.barnstablecounty.org
Barnstable County
Regional Government of Cape Cod
3195 Main Street | Barnstable, Massachusetts 02630
Department of Human Services
April 25, 2022
Via email only: plombardi@brewster-ma.gov
Select Board, Town of Brewster
c/o Peter Lombardi, Town Administrator
2198 Main Street
Brewster, MA 02631
RE: Barnstable County HOME Consortium Advisory Council
Dear Select Board:
I am writing to inform you that the term of Brewster’s representative member to the Barnstable
County HOME Consortium Advisory Council, Jill Scalise, and the term of Brewster’s alternate
representative member, Donna Kalinick, both expire on June 30, 2022. Both Jill and Donna have
expressed an interest in continuing on as Brewster’s representative members. The Barnstable County
HOME Consortium Advisory Council greatly appreciates and values their expertise and time
commitment to the Consortium and we respectfully request that you submit their reappointment to
the Barnstable County HOME Consortium Advisory Council:
• Jill Scalise, representative member to the Barnstable County HOME Consortium Advisory
Council for a three-year term to run through June 30, 2025; and
• Donna Kalinick, alternate representative member to the Barnstable County HOME Consortium
Advisory Council for a one-year term to run through June 30, 2023.
Barnstable County appreciates the Town of Brewster’s support of this regional council. If you have
any questions or need additional information, please do not hesitate to contact me.
Sincerely,
Renie Hamman
HOME Program Manager
Renie.Hamman@barnstablecounty.org
Phone: 508-375-6622
cc: Jill Scalise and Donna Kalinick via email only
Archive d: Friday, May 20, 2022 10:28:03 AM
From: Irene Hamman
Se nt: Tue, 26 Apr 2022 16:49:52 +0000ARC
To: Erika Mawn
Cc: Peter Lombardi; Jill Scalise; Donna Kalinick
Subje ct: Barnstable County HOME Consortium - Reappointments
Se ns itivity: Normal
Attachme nts :
SB REAPPT LTR-04-25-22.pdf;
Hi Erika
Both Jill and Donna’s appointment to the Barnstable County HOME Consortium Advisory Council terminate on June 30, 2022. They both
stated they would like to be reappointed. We respectfully request that they be reappointed to the Barnstable C ounty HOME Consortium
Advisory Council. I am sending the attached reappointment request letter via this email only but just let me know if you would like me to send
a hard copy as well.
• Jill Scalise, representative member to the Barnstable C ounty HOME Consortium Advisory Council for a three-year term to run through
June 30, 2025; and
• Donna Kalinick, alternate representative member to the Barnstable County HOME Consortium Advisory Counci l for a one-year term to run
through June 30, 2023.
Barnstable County appreciates the Town of Brewster’s support of this regional council. If you have any questions or need additional
information, please do not hesitate to contact me.
Thank you for your assistance in this reappointm ent.
Sinc erely,
Re nie Hamman
HOME - Program Manager | Human S ervices
Barns table County, Regional Government of Cape Cod
Em ail renie.ham m an@barns tablecounty.org | Office (508) 375-6622
3195 Main Street | P.O. Box 427 | Barns table, MA 02630
| www.barns tablecounty.org
The Commonwealth of Massachusetts
Town of Brewster
To Jill Scalise
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you to the
Barnstable County HOME Consortium Advisory Council
for a 3-year term, expiring June 30, 2025
Given at Brewster this 23rd day of May 2022
Recorded A.D.
Attest:Town Clerk
The Commonwealth of Massachusetts
Town of Brewster
To Donna Kalinick
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you to the
Barnstable County HOME Consortium Advisory Council
for a 1-year term, expiring June 30, 2023
Given at Brewster this 23rd day of May 2022
Recorded A.D.
Attest:Town Clerk
6220 Sprint Parkway
Mailstop KSOPHD0101-Z2650
Overland Park, KS 66251-2650
October 4, 2021
Brewster Water Department
165 Commerce Park Road
Brewster, MA 02631
ATTN: Paul Anderson
Sprint Site ID: BS54XC016/ T-Mobile Site: 4HYS016
Site Location: 0 Yankee Drive, Brewster, MA
Re: Wireless Communications Lease Agreement dated August 28, 2002 (as may have been
amended and/or assigned, collectively, the “Agreement”), by and between The Town of
Brewster (“Town”), and Sprint Spectrum, L.P. (“Tenant”).
Dear Mr. Anderson:
This letter is to provide notice that Lessee, now part of T-Mobile USA, Inc., hereinafter referred
to as “T-Mobile”, needs to perform site modification work on its communications facility. T-
Mobile values its landlords and wants to keep you informed of its maintenance and upgrades on
the antenna facilities installed on your property. The work will consist of replacing (6) antennas,
replacing (6) radio units, replacing cabling, adding equipment to existing lease area and upgrading
equipment on site.
The work is not very different from routine maintenance work that T-Mobile does, and will not
interfere with your business or tenants. The work will be performed in full compliance with the
Agreement and all applicable laws and regulations.
Please review the attached drawings dated August 4, 2021 and reply with your approval and
consent of the work set forth therein and as described above by signing where designated below
and returning via mail or email.
If you have any questions, please do not hesitate to contact me at the email or phone number
below.
6220 Sprint Parkway
Mailstop KSOPHD0101-Z2650
Overland Park, KS 66251-2650
Respectfully,
Timothy W. Greene
__________________________________________________
Timothy W. Greene,
SAI Communications, an authorized representative of T Mobile
Direct Dial: 617-877-2950
Email:tgreene@terrasearchllc.com
Re: Sprint Site ID: BS54XC016/ T-Mobile Site: 4HYS016
Site Location: 0 Yankee Drive, Brewster, MA
AGREED:
LL Information
________________________________________________________________________
Signed Date
________________________________________________________________________
Printed Name and Title
Site Contact for Construction:
___________________________________________________________________
Email:__________________________________________________________________
Phone Number: __________________________________________________________
6220 Sprint Parkway
Mailstop KSOPHD0101-Z2650
Overland Park, KS 66251-2650
Please return an electronic copy of the signed letter back to SAI Group via email at
tgreene@terrasearchllc.com or the hard copy via mail to 157 Riverside Drive, Norwell, MA 02061
JC ENGINEERING, Inc.
2854 Cranberry Highway
East Wareham, Massachusetts 02538
Phone 508-273-0377
Fax 508-273-0367
May 27, 2021
Maryellen Perrotta
SAI Communications
12 Industrial Way
Salem, NH 03079
Ref: T-Mobile Site ID 4HYS016A
1 Yankee Drive
Brewster, MA 02631
Structural Assessment
At your request, this office has produced construction drawings entitled “4HYS016A – 1
Yankee Drive, Rev 1, dated 5-26-21”, detailing the installation of the proposed T-Mobile
antennas on the existing 102’ tall water tank at 1 Yankee Drive, Brewster. T-Mobile’s scope of
work includes of replacing six (6) existing antennas with nine (9) proposed antennas. The
existing antennas being removed consist of three (3) RFS-APXVSPP18-C-A20 (total of 3, 1 per
sector) and three (3) RFS-APXVTM14-C-120 (total of 3, 1 per sector). The proposed antennas
being added consist of three (3) Ericsson-AIR32_B66A_B2A (56.6”H x 12.9”W x 8.7”D – 132.2
lbs.) (total of 3, 1 per sector), three (3) AIR6449 B41 (33.2”H x 20.5”W x 8.5”D – 102 lbs.)
(total of 3, 1 per sector), and three (3) RFS-APXVAALL18_43-U-NA20 (72.0”H x 24.0”W x
8.5”D – 92.6 lbs.) (total of 3, 1 per sector). The scope of work also includes replacing six (6)
existing radios with six (6) proposed radios. The existing radios consist of three (3) ALCATEL-
1900MHz RRUS (total of 3, 1 per sector) and three (3) Clearwire-2.5GHz RRUS (total of 3, 1
per sector). The proposed radios consist of three (3) Ericsson-4415 B25 RRUS (total of 3, 1 per
sector) and three (3) Ericsson-4449 B71+B85 RRUS (total of 3, 1 per sector).
The proposed T-Mobile antennas (total of 9, 3 per sector) and radios (total of 6, 2 per
sector) are to be mounted on existing and proposed pipe mount frames which are connected to
the existing railing surrounding the vent structure at the top of the water tank dome. A review of
the Structural Analysis prepared by Terrasearch, LLC dated December 12, 2002 shows that the
existing structure was designed and built with high tempered steel. The existing water tank
appears to be in good condition and well maintained. Based on our evaluation, it is our opinion
that additional nominal horizontal and vertical loads can be safely supported by the existing
structure as shown on the design plans referenced above.
JC ENGINEERING, Inc.
2854 Cranberry Highway
East Wareham, Massachusetts 02538
Phone 508-273-0377
Fax 508-273-0367
Please do not hesitate to contact this office if you have any questions.
John L. Churchill, Jr., P.E., P.L.S.
President
JC ENGINEERING, Inc.
2854 Cranberry Highway
East Wareham, Massachusetts 02538
Phone 508-273-0377
Fax 508-273-0367
EXISTING WATER TANK
EXISTING ANTENNAS
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
UNDERGROUND SERVICE ALERT
PROJECT
SITE
T-MOBILE NORTHEAST LLC
SITE NAME: SOUTH BREWSTER
T-MOBILE SITE ID: 4HYS016A
SITE ADDRESS: 1 YANKEE DRIVE,BREWSTER, MA 02631
PROJECT: SPRINT RETAIN
CONFIGURATION: 67E5A998E OUTDOOR
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
COMPOUND PLAN
EXISTING EQUIPMENT PLAN
PROPOSED EQUIPMENT PLAN
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
ELEVATION PLAN
EXISTING ANTENNA PLAN
PROPOSED ANTENNA PLAN
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
PROPOSED ANTENNA
MOUNTING DETAIL
PROPOSED ANTENNA
MOUNTING DETAIL
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
PROPOSED RRU MOUNTING DETAIL
PROPOSED RRU MOUNTING DETAIL
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
6160 ODE CABINET B160 BATTERY CABINET
ANTENNA DETAILS
RRUS DETAILS
SSC DETAIL
SITE NAME: 4HYS016A
SITE NUMBER: 4HYS016A Mobile
ELECTRICAL & GROUNDING NOTES
JC ENGINEERING, Inc.
2854 Cranberry Highway
East Wareham, Massachusetts 02538
Phone 508-273-0377
Fax 508-273-0367
May 27, 2021
Maryellen Perrotta
SAI Communications
12 Industrial Way
Salem, NH 03079
Ref: T-Mobile Site ID 4HYS016A
1 Yankee Drive
Brewster, MA 02631
Mount Analysis
At your request, this office has produced construction drawings entitled “4HYS016A – 1
Yankee Drive, Rev 1, dated 5-26-21”, detailing the installation of the proposed T-Mobile
antennas on the existing 102’ tall water tank at 1 Yankee Drive, Brewster. T-Mobile’s scope of
work includes of replacing six (6) existing antennas with nine (9) proposed antennas. The
existing antennas being removed consist of three (3) RFS-APXVSPP18-C-A20 (total of 3, 1 per
sector) and three (3) RFS-APXVTM14-C-120 (total of 3, 1 per sector). The proposed antennas
being added consist of three (3) Ericsson-AIR32_B66A_B2A (56.6”H x 12.9”W x 8.7”D – 132.2
lbs.) (total of 3, 1 per sector), three (3) AIR6449 B41 (33.2”H x 20.5”W x 8.5”D – 102 lbs.)
(total of 3, 1 per sector), and three (3) RFS-APXVAALL18_43-U-NA20 (72.0”H x 24.0”W x
8.5”D – 92.6 lbs.) (total of 3, 1 per sector). The scope of work also includes replacing six (6)
existing radios with six (6) proposed radios. The existing radios consist of three (3) ALCATEL-
1900MHz RRUS (total of 3, 1 per sector) and three (3) Clearwire-2.5GHz RRUS (total of 3, 1
per sector). The proposed radios consist of three (3) Ericsson-4415 B25 RRUS (total of 3, 1 per
sector) and three (3) Ericsson-4449 B71+B85 RRUS (total of 3, 1 per sector).
The proposed T-Mobile antennas (total of 9, 3 per sector) and radios (total of 6, 2 per
sector) are to be mounted on existing and proposed pipe mount frames which are connected to
the existing railing surrounding the vent structure at the top of the water tank dome. A review of
the Structural Evaluation prepared by Chappell Engineering Associates, LLC dated April 11,
2014 shows that the existing railing structure consist of vertical tube steel members and is
welded to the top of the water tank using rolled “L” members. The existing railing system
appears to be in good condition and welded connection appear to be secure. Based on our
evaluation, it is our opinion that additional nominal horizontal and vertical loads can be safely
supported by the existing railing as shown on the design plans referenced above.
JC ENGINEERING, Inc.
2854 Cranberry Highway
East Wareham, Massachusetts 02538
Phone 508-273-0377
Fax 508-273-0367
Please do not hesitate to contact this office if you have any questions.
John L. Churchill, Jr., P.E., P.L.S.
President
JC ENGINEERING, Inc.
2854 Cranberry Highway
East Wareham, Massachusetts 02538
Phone 508-273-0377
Fax 508-273-0367
EXISTING WATER TANK
EXISTING ANTENNAS
Commonwealth of Massachusetts
EXECUTIVE OFFICE OF HOUSING & ECONOMIC DEVELOPMENT
ONE ASHBURTON PLACE, ROOM 2101
BOSTON, MA 02108
Charles D. Baker, Governor | Karyn E. Polito, Lt. Governor | Mike Kennealy, Secretary
Community One Stop for Growth
An EOHED initiative, in partnership with the Department of Housing and Community
Development and the Massachusetts Development Finance Agency
Notice of Funding Availability
FY2023
Community One Stop for Growth – FY2023 NOFA
2 | P a g e
Table of Contents
I. ABOUT THE ONE STOP .............................................................................................................................................. 3
A. Introduction .............................................................................................................................................................. 3
B. What’s New in FY2023 ............................................................................................................................................ 3
II. OVERVIEW OF THE ONE STOP PROCESS .............................................................................................................. 4
A. Programs Integrated into the One Stop .................................................................................................................... 4
B. The Development Continuum .................................................................................................................................. 5
C. Expression of Interest ............................................................................................................................................... 5
D. Full Application ........................................................................................................................................................ 5
E. One Stop Process Steps ............................................................................................................................................ 6
F. Timeline ................................................................................................................................................................... 7
III. DEVELOPMENT CONTINUUM DETAILS ................................................................................................................ 7
A. Community Capacity Building ................................................................................................................................. 7
B. Planning and Zoning ................................................................................................................................................ 8
C. Site Preparation ........................................................................................................................................................ 8
D. Building (vertical construction)................................................................................................................................ 9
E. Infrastructure (horizontal construction) .................................................................................................................... 9
IV. ELIGIBLE APPLICANTS AND FULL APPLICATION DETAILS .......................................................................... 11
A. Eligible Applicants ................................................................................................................................................. 11
B. Structure of Full Application .................................................................................................................................. 11
V. APPLICATION EVALUATION ................................................................................................................................. 13
A. Core Review Criteria .............................................................................................................................................. 13
B. Other Considerations .............................................................................................................................................. 13
VI. ADDITIONAL INFORMATION ................................................................................................................................. 13
A. Submitting Questions ............................................................................................................................................. 13
B. Notes about Application Submission ..................................................................................................................... 14
VII. APPENDIX ................................................................................................................................................................... 15
A. Fully Integrated One Stop Programs ...................................................................................................................... 15
B. Referral Programs .................................................................................................................................................. 15
Community One Stop for Growth – FY2023 NOFA
3 | P a g e
I. ABOUT THE ONE STOP
A. Introduction
The Baker-Polito Administration is pleased to announce the availability of grant funds for the FY2023 round of
the Community One Stop for Growth (One Stop). The One Stop is a single application portal and collaborative
review process that allows applicants to access a series of grant programs that support community economic
development. The Executive Office of Housing and Economic Development (EOHED) partners with the
Department of Housing and Community Development (DHCD) and Massachusetts Development Finance
Agency (MassDevelopment), to make targeted grant investments based on a Development Continuum.
This coordinated process is designed to provide a more streamlined experience for applicants and to make the
programs more accessible to all types of organizations, large and small, in all regions of the state. The partner
agencies have a long-standing and successful history of providing funding, through multiple programs, that
supports various stages and/or phases of economic development projects. The One Stop gives communities the
ability to pursue, and in some cases stack, state resources in a more timely and strategic manner based on what
stage they are at and how ready they are to implement a project. The goal of the One Stop is to support more
efforts that result in economic growth for all cities and towns across the Commonwealth.
The impetus for the development of this initiative, and coordination between state agencies, was informed by
the year-long process of researching and writing the Commonwealth’s 2019 economic development plan -
Partnerships for Growth: A Plan to Enable the Commonwealth’s Regions to Build, Connect and Lead. In
sessions across the state, the Economic Development Planning Council heard from both large and small
communities about the resource-intensive work necessary to identify and apply for the myriad of state funding
sources needed to tackle the broad range of economic development challenges.
B. What’s New in FY2023
The inaugural FY22 Round of the One Stop was met with positive reviews and, more importantly, resulted in
the award of 196 grants across 122 communities, totaling $88.6 million in funding. Based on the feedback that
was received from applicants, several areas of improvement were identified to increase access to funding and
further streamline the application process:
Additional Grant Opportunities: The FY23 Round of the One Stop will include three additional grant
programs offered by MassDevelopment: Collaborative Workspace Program, Real Estate Services Technical
Assistance and Commonwealth Places. These programs were previously identified as referral programs in the
last round, but are now fully integrated into the One Stop application.
Improvements to the Expression of Interest: The Expression of Interest (EOI) form has been streamlined to
eliminate questions that were deemed unnecessary for providing effective feedback. The EOI form has been
reduced to two sections: one section for applicants to enter their organization information and a second section
for project proposals. The timing of the EOI has also been adjusted to begin a month earlier, allowing more time
for the Commonwealth to work with and provide feedback to applicants.
Improvements to the Full Application: In its first year, the One Stop Full Application merged nine grant
programs, each with their own unique application processes, into a single application. The response from
applicants indicated that the One Stop was successful in creating a more efficient process, but also identified
ways in which the application could be further streamlined. Based on the feedback of both One Stop applicants
and reviewers, the following changes have been made to the FY23 Full Application:
Community One Stop for Growth – FY2023 NOFA
4 | P a g e
1. Consolidation of the Core Sections of the Full Application: Last year, the Core Questions of the Full
Application were spread across four sections, with 56 total questions. For FY23, the Core Questions
have been reduced to two sections with only 38 questions. The first section, Applicant Information, is
identical to Section 1 of the EOI form. This information will be automatically populated into the Full
Application for organizations that submit an EOI.
2. Removal of Predevelopment & Permitting as a stand-alone category: Ambiguity, and in some cases
redundancy, between the Predevelopment & Permitting category and other sections caused confusion
among applicants, resulting in duplication of grant requests and projects as well as errors in the selected
categories. To solve this, Predevelopment & Permitting has been eliminated as a stand-alone category.
Applicants may now request funding for predevelopment and permitting activities directly within the
Site Preparation, Buildings, and Infrastructure sections of the application.
3. Removal of Redundant Questions: Each section of the Full Application was reviewed and compared
against the Core Questions to eliminate redundant questions within the application.
4. Rural and Small Town Development Fund and Housing Choice Community Grants Questions:
Applicants that are designated as a Rural/Small Town and/or Housing Choice Community will again
have access to grants only available to these communities. However, these will no longer be separate
sections. Questions specific to either type of applicant are now built in directly to the Continuum
categories for which these resources are available. Please review the NOFA and individual program
guidelines for details. Only eligible applicants, that propose budgets within the funding limits of each
program, will have the opportunity to answer the additional questions required to be considered for
funding by each program.
II. OVERVIEW OF THE ONE STOP PROCESS
A. Programs Integrated into the One Stop
The One Stop allows applicants to apply to multiple grant programs at once with a standard application. New
this fiscal year is the addition of three MassDevelopment programs, as noted below. The following programs
are now fully integrated into the One Stop application process:
Executive Office of Housing and Economic Development
Mass Works Infrastructure Program
Urban Agenda Grant Program
Department of Housing and Community Development
Housing Choice Community Grants
Massachusetts Downtown Initiative
Community Planning Grants
Rural and Small Town Development Fund
MassDevelopment
Brownfields
Site Readiness Program
Underutilized Properties Program
Commonwealth Places (New to One Stop)
Collaborative Workspace Program (New to One Stop)
Real Estate Services Technical Assistance (New to One Stop)
Community One Stop for Growth – FY2023 NOFA
5 | P a g e
B. The Development Continuum
To help guide applicants, the One Stop uses a Development Continuum or lifecycle that describes how a typical
economic development project moves from concept to reality within diverse communities.
The One Stop requires applicants to think about their economic development priorities in the context of the
Development Continuum, both to guide applicants towards best practices and strategies and to help applicants
identify the types of projects that will help achieve their economic development priorities. Applicants should
consider this spectrum of activities as it prepares to submit applications to the One Stop, thinking fully about the
steps necessary for progress in the development of a project.
This continuum separates economic development activities into two broad categories. The first, “Preparing for
Growth,” includes the initial steps that typically need to occur before specific development projects can move
forward, as well as capacity-building economic development activities. The second, “Catalyzing Specific
Projects,” covers various forms of project-specific activities, particularly for projects that have private
development identified.
This year, Predevelopment and Permitting will no longer be a standalone Development Continuum category.
Applicants will now be able to request funding support for predevelopment and permitting activities, directly
within the pertinent categories: Site Preparation, Buildings and Infrastructure categories.
C. Expression of Interest
The Expression of Interest is a short form that allows an applicant to submit project ideas for feedback and
guidance from EOHED and its partner agencies. This will allow applicants to explore how their projects align to
the Development Continuum, by providing information about a project and to best determine what type(s) of
applications should be submitted in the full application.
The EOI is an optional, but highly recommended, step for prospective applicants seeking guidance before
starting to work on their Full Application(s). It is important to note that any eligible applicant may submit a Full
Application, regardless of whether they participated in the EOI process or not.
D. Full Application
Applicants must submit a Full Application to request funds from the One Stop programs. This form must be
filled out in the IGX system, but a version will also be available in Word format for reference. The form will
automatically populate with the viable options for applicants based off eligibility criteria. When submitting a
Full Application to the One Stop, all applicants must fill out the Core Questions in sections 1 and 2 of the
application. In the Core Questions the applicant must indicate the category of funding for which they would like
the project to be considered.
Community
Capacity Building
Planning &
Zoning Site Preparation Buildings
(vertical)
Infrastructure
(horizontal)
Preparing for Growth Catalyzing Specific Projects
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E. One Stop Process Steps
The One Stop is an opportunity for the state’s economic development agencies to work with communities to
define their objectives, submit applications and obtain funding for projects following a collaborative process:
Step 1: Virtual Sessions: There will be three (3) separate webinars to help applicants navigate the One
Stop. Attending the live webinar or watching the recording is suggested before submitting an Expression of
Interest or Full Application. It is highly recommended that all applicants watch all of the webinars before
developing and submitting an Expression of Interest and/or Full Application to the One Stop. Below is an
overview of the webinars:
Webinar 1: One Stop Overview Webinar – How Has the Process Changed? What can I Expect?
Webinar 2: One Stop Application Guidance Webinar – How to Frame Applications for the One Stop.
Webinar 3: Technology Webinar – How to Use IGX and the One Stop Online Application.
Step 2: Expressions of Interest & Guidance (Optional): The Expression of Interest is a simple form that
allows an applicant to seek guidance from EOHED and partner agencies. The Expression of Interest is
optional but highly encouraged. It is recommended that all applicants watch all three webinars before
submitting a One Stop Expression of Interest.
Each organization may submit one (1) Expression of Interest form for the FY23 Round. The Expression of
Interest period will open December 15, 2021 and run through March 18, 2022. All EOI forms may include
up to two (2) project proposals, however forms submitted by February 4, 2022 may include a total of five
(5) projects.
Once the Expression of Interest is submitted, staff at all partner agencies will review the submissions and
provide guidance and insight to strengthen applications. Applicants may also be referred to other available
programs that are not fully integrated into the One Stop application. All applicants are encouraged to submit
an Expression of Interest early in the process to allow for the maximum amount of time for feedback.
Step 3: One Stop Full Application(s): After the guidance phase of the process concludes, the One Stop
portal will open to accept applications. Applicants are able to submit multiple projects for consideration but
must submit one application per project. The number of project applications submitted is not limited, but it
is recommended that communities prioritize their requests to reflect the goals submitted in the Expression of
Interest phase. Interested applicants will have full access to the online application the launch of the One
Stop in January until the final submission deadline in June. During this time, applicants may draft and work
on applications, but submissions will only be accepted between May 2 and June 3, 2022.
Step 4: Review & Evaluation: The participating agencies will review all applications. The agencies may
also request additional information or clarification about applications submitted. All grants will be reviewed
on the criteria noted in the Review Criteria section and the additional review criteria noted in specific
program guidelines, linked to in the appendix. If an application is not fully clear, or the partner agencies
have additional questions, the applicant will be notified to either have a follow up discussion with the state,
amend the application submission or respond to questions via email.
Virtual
Sessions
Expression
of Interest
& Guidance
Full
Application
Review &
Evaluation
Notification
of Awards
Contracting
and
Reporting
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7 | P a g e
Step 5: Notification of Award: The One Stop partners will review all applications and make
determinations of grant amounts based upon availability of funds. All applicants will be notified of award(s)
and the contracting process will begin with each agency. Reporting will be required.
Step 6: Contracting and Reporting: All grants in any category of funding are subject to appropriation.
Once a project is approved, the contracting for the project will be handled by the relevant partner agency
including the specifications of the duration, scope and final budget. Routine reporting will be required by
the agencies and will be specified at the time of contracting.
By participating in this process and submitting either an Expression of Interest or a Full Application, a project
will be automatically referred to relevant grant programs, particularly those under EOHED, DHCD, and
MassDevelopment. See Appendix for the programs that will be coordinated with the One Stop. If this process
identifies additional needs that align with other programs not listed above, further coordination and referrals
may be made on a case-by-case basis, including referrals to the programs identified in the Appendix.
F. Timeline
Expressions of Interest (EOI) Submission Period Dec. 15, 2021- March 18, 2022
One Stop Official Launch of Full Application Jan. 21, 2022
Webinar 1: One Stop Overview Webinar January/February 2022
Webinar 2: One Stop Application Guidance Webinar January/February 2022
Webinar 3: Technology Webinar January/February 2022
Full Application Submission Period May 2, 2021 – June 3, 2022
Review & Evaluation June-September, 2022
Notification of Awards October/November 2022
Anticipated Contracting November/December 2022
III. DEVELOPMENT CONTINUUM DETAILS
Categories Related to Preparing for Growth
The development of certain districts, sites or the advancement of certain economic development initiatives
requires a series of initial steps by applicants to attract and guide private investment. Recognizing that these
initial steps are applicable for almost all communities, whether a strong or weak market, grants associated with
“Preparing for Growth” help support activities related to:
A. Community Capacity Building
Community Capacity Building projects will provide consultant technical assistance or operating funds for
improving a downtown or commercial center, Business Improvement District (BID) Implementation, early-
stage strategy development, or strategy implementation by an existing consortium, and placemaking efforts.
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These are technical assistance and implementation grants. Projects may focus on a geographic area such as a
district, community and region, or they may focus on a target population. Projects may fund consultants or
in certain cases staff time.
The programs associated with this category of funding are Mass Downtown Initiative, Real Estate Services,
Commonwealth Places and Urban Agenda. Grants in this category are expected to range between $25,000
and $100,000; however, funding for projects in this category that focus on Downtown technical assistance
will not exceed $25,000. Please note that Commonwealth Places requires additional crowdsourcing
activities to be considered for funding. Examples of eligible projects include:
• A request by a business association representing a consortium of building owners to explore the
feasibility of developing a Business Improvement District.
• A request from a community coalition to fund English language training and other prerequisite
trainings, including coverage for childcare and transportation, to prepare low income residents
for new jobs available in the region due to the expansion of a major employer.
B. Planning and Zoning
Planning and Zoning grants may be used for a variety of activities related to land use. Activities may
include the development of a Master Plan, Housing Production Plan, Zoning Review and Updates, Zoning
to comply with the MBTA Communities section of c40A section 3A, Urban Renewal Plan, Land Use Plan,
Downtown Plan, Parking Management Plan, Feasibility Study, District Improvement Financing (DIF) Plan,
Municipal Surplus Property Disposition Plan, or Other Strategic Plan. These are planning grants, and
projects must produce a planning document with the funds.
The programs associated with this category of funding are Mass Downtown Initiative, Real Estate Services
and Community Planning and Zoning Grants and, if the applicant is eligible*, Housing Choice Community
Grants and Rural and Small Town Development Fund. Grants in this category are expected to range
between $25,000 and $75,000. Examples of eligible projects include:
• A request to create a housing production plan to better understand housing needs of the
community and identify strategies to reduce gaps in existing housing relative to identified needs.
• A request to study the area within a ½ mile of a commuter rail station and create strategies to
intensify development in that area.
• A request to prepare a corridor study of a commercial area that runs through multiple towns and
seeks land use alternatives to promote multi-modal access, introduce mixed-use and achieve
more compact commercial development.
• Review current zoning to identify/remove language that excludes certain housing types.
• A request to develop 40R Smart Growth or Starter Home zoning districts.
C. Site Preparation
This category includes funding for an applicant working to progress a key site toward development; a final
developer or end use is not necessarily identified at this phase. This may include a predevelopment activities
such as Site Due Diligence, Site Master Planning, Market Study, Civil Engineering, Pre-
Permitting/Permitting, and Brownfields Site Assessment, or implementation activities such as Demolition,
Site Acquisition, related tasks, Construction of site related upgrades, and Brownfields Remediation. Projects
must have an identified site.
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The programs associated with this category of funding are Site Readiness, Brownfields and, if the applicant
is eligible*, Rural and Small Town Development Fund. Grants in this category are expected to range
between $50,000 and $1,000,000. Rural and Small Town Development Fund awards will not exceed
$400,000. Please see program guidelines, linked in the Appendix, for more details. Examples of eligible
projects include:
• A request to acquire of land in an industrial zone to allow for business expansion.
• A request to remediate a brownfield site to prepare it for the development of a new industrial
complex for businesses.
Categories Related to Catalyzing Specific Projects
In areas where “Preparing for Growth” activities may have already occurred, certain projects within a
community may be ready for implementation by public and private investment. Grants associated with
“Catalyzing Specific Projects” will be used to incentivize and leverage private commercial, industrial, and/or
residential investment projects that further the community vision.
D. Building (vertical construction)
Funding is available for predevelopment and capital improvements that are essential to the occupancy of a
blighted, abandoned, vacant or underutilized property, as well as to support the planning and fit out of new
coworking spaces. Funding in this category is limited to projects with a strong public purpose and benefit.
These are capital grants for construction ready projects. This may include a predevelopment activities such
as Building Condition Study, Development Feasibility Studies, Code Compliance Studies, Architectural or
Engineering Plan, or Collaborative Workspace Feasibility Studies as well as implementation activities such
as Building Code Compliance, Fire/Life Safety Code Compliance, Accessibility Improvements, Building
Shell Repair, Building Stabilization, HVAC Improvements or Renovations, Interior Demolition or
Remediation or Collaborative Workspace Fit-Out or Equipment. Projects in this category must be ready for
construction, and have the building secured with building and/or site control, an identified end use, and a
clear public purpose.
The programs associated with this category of funding is the Underutilized Properties Program,
Collaborative Workspace Program and, if the applicant is eligible*, Rural and Small Town Development
Fund. In this category, Underutilized Properties Program Grants in this category are expected to range
between $250,000 and $2,000,000, while Collaborative Workspace Program Grants will not exceed
$100,000. Rural and Small Town Development Fund awards will not exceed $400,000. Please see program
guidelines, linked in the Appendix for more details. Examples of eligible projects include:
• A request to fit-out retail space within a property that was previously vacant.
• A request to install an elevator in a city-owned property to open up second floor space for a new
housing development.
• A request to fit out a new coworking space that provides access to shared workshops and
equipment.
E. Infrastructure (horizontal construction)
Funding is available to support improvements to public land and infrastructure that leverages and supports
private investment in the community. This may include predevelopment activities such as
Design/Engineering Documents, or implementation activities such as Roadway / Streetscape Improvements,
Bridge / Culvert Repair or Replacement, Water / Sewer Infrastructure, Public Utility Project (Gas, Electric,
etc.). The implementation grants are for shovel ready projects that propose to improve public infrastructure
Community One Stop for Growth – FY2023 NOFA
10 | P a g e
such as roadways, streets, bridges, culverts, water/sewer, other public utilities, etc. and are at least 75%
designed. Investments will be targeted to projects that require the infrastructure improvements or expansion
to support and/or facilitate new growth or address road safety issues.
The program associated with this category of funding is the MassWorks Infrastructure Program and, if the
applicant is eligible*, Housing Choice Communities Grants and Rural and Small Town Development Fund.
New section 3A to the Zoning Act (Chapter 40A of the General Laws) requires each of the 175 MBTA
communities to have a zoning district in which multifamily zoning is permitted as of right, and that meets
other requirements set forth in the statute. Any MBTA community that does not comply with Section 3A
will not be eligible for funding from the Housing Choice Community Grant Program and/or the MassWorks
Infrastructure Program. For information on how MBTA communities can remain compliant for the FY23
Round of the One Stop, please visit www.mass.gov/mbtacommunities.
Grants in this category awarded by MassWorks Infrastructure Program are expected to range between
$500,000 and $5,000,000, however MassWorks awards for Small Town Road Assistance Program (STRAP)
projects will not exceed $1,000,000. Housing Choice Communities Grant awards will not exceed $250,000
and Rural and Small Town Development Fund awards will not exceed $400,000. Please see program
guidelines, linked in the Appendix, for more details. Examples of eligible projects include:
• A request for water and sewer upgrades to a previously used site that will be converted into
market rate housing.
• A request to update a culvert under a roadway leading to a mixed-use private development that
creates new industrial space and rental housing.
• A request to repair at-risk municipal bridges that affect evacuation routes and/or access to
commercial centers or transportation nodes.
Applications from Housing Choice Communities and Rural/Small Towns
Addressing the housing crisis in Massachusetts is a top policy priority for the Baker-Polito Administration. The
Administration is also committed to increasing investments in rural and small towns, understanding that they
work at a smaller scale for economic development. Therefore, the One Stop provides additional opportunities
exclusively for Housing Choice Communities and Rural and/or Small Towns. Only community currently
designated as Housing Choice and/or Rural and Small Town are eligible for funding from these programs.
New section 3A to the Zoning Act (Chapter 40A of the General Laws) requires each of the 175 MBTA
communities to have a zoning district in which multifamily zoning is permitted as of right, and that meets other
requirements set forth in the statute. Any MBTA community that does not comply with Section 3A will not be
eligible for funding from the Housing Choice Community Grant Program and/or the MassWorks Infrastructure
Program. For information on how MBTA communities can remain compliant for the FY23 Round of the One
Stop, please visit www.mass.gov/mbtacommunities.
If an eligible community submits an application to a Development Continuum category supported by either
program, they will be asked whether they have reviewed the guidelines for those grant programs and whether
the budget for the project is within the funding limits of the Housing Choice Community Grant Program or the
Rural and Small Town Development Fund. The Rural and Small Town Development Fund falls within the
Planning and Zoning, Site Preparation, Buildings, and Infrastructure categories of the One Stop continuum. The
Housing Choice Community Grant Program falls within the Planning and Zoning and Infrastructure categories
of the One Stop continuum. If the budget request for the project is within the funding limits, the applicant will
be required to answer additional questions specific to the Housing Choice Community Grant Program and/or
the Rural and Small Town Development Fund to be considered by these programs.
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IV. ELIGIBLE APPLICANTS AND FULL APPLICATION DETAILS
A. Eligible Applicants
Preparing for Growth Catalyzing Specific Projects
Applicant Type Community
Capacity Building
Planning and
Zoning
Site
Preparation
Buildings
(Vertical Const.)
Infrastructure
(Horizontal Const.)
Public Entity
Municipal X X X X X
Other Public X X X X X
Non-Public Entity
Non-Profit X X X
For-Profit X
All types of public entities are welcome and encouraged to submit a One Stop application. Municipalities and
other public entities such as local housing or redevelopment authorities will have access to all grants
administered through the One Stop process. However, non-municipal applicants are encouraged to open a
discussion with their municipal leadership to ensure coordination and local support.
Non-public entities may submit an application jointly with a public entity or with the written letter of support of
the public entity and will be considered for funding only under those programs that allow for financial
assistance to non-public entities, specifically Community Capacity Building, Site Preparation, and Buildings.
Non-public entities are not eligible for the following categories: Planning & Zoning and Infrastructure. Non-
public entities should partner with their municipality to submit applications in those categories.
For-profit entities are only eligible to apply to the Buildings category, and must demonstrate a public benefit or
purpose for the grant.
All applications should include a letter of support from the chief executive officer of the municipality in which
the project is located or, if not available, an explanation of why the municipal letter was not included.
B. Structure of the Full Application
The application is organized into the following sections:
Core Questions (Sections 1 and 2), plus site information, if applicable,
• Section 1 - Applicant Information/Background: Identifying information of the applicant, and partners, if
applicable.
• Section 2 - Project Information: Identification of all the categories for which the applicant seeks funding
support. This section includes the project name, abstract, and project type. Applicant will indicate of the
category of funding for which they would like the project to be considered in question 2.1, which will
drive additional questions. An applicant will respond to questions about leadership and the ability to
execute the project, prior state or federal funding and outline any notable progress made to date. This
Community One Stop for Growth – FY2023 NOFA
12 | P a g e
section also includes questions related to the project timeline and anticipated outcomes. Applicants to
the Site Preparation, Buildings and Infrastructure categories must complete the Site Information
questions, which include identification of the specific site, ownership, and zoning, as well as an option
to indicate their desire to have a site considered for expedited permitting from the state through M.G.L.
c. 43D.
Additional Questions (Sections 3 through 8), based on the development continuum and the project
components selected by the applicant in Section 2, Question 2.1,
• Section 3 – Community Capacity Building Additional Questions: This section is where applicants will
provide detail about the project for which capacity building funding is requested. This section includes
detailed scope of work, description of the community coalition and target population, and budget.
• Section 4 – Planning and Zoning Additional Questions: This section is where applicants will provide
detail about the proposed planning project, outcomes, leadership, and implementation.
• Section 5 – Site Preparation Additional Questions: This section is where applicants will provide detail
about the specific project site for which funding is requested. Includes detailed scope of work, site
details, historic environmental reports, and budget. Additional questions are required for Brownfields
related applications.
• Section 6 – Building (Vertical Construction) Additional Questions: This section is where applicants will
provide detail about the specific capital building project for which funding is requested. Includes
detailed scope of work, public purpose, details about the property, planned use, and budget.
• Section 7 - Infrastructure (Horizontal Construction) Additional Questions: This section is where
applicants will provide detail about the specific public infrastructure project for which funding is
requested. Includes detailed scope of work, budget, design and permitting status, and for non-Small
Town Road Assistance Program (STRAP) requests, questions about the specific private development
being leveraged.
• Section 8 - Housing Choice General Questions: This section includes questions specific to the Housing
Choice Community Grant Program. Eligible applicants must complete this section to be considered for
funding by the Housing Choice Community Grant Program.
Certification of Application Submission Authority (Section 9),
• Section 9 - Certification of Application Submission Authority: Signature page certifying the authority to
submit the application on behalf of the applying entity and attesting that all responses are true and
accurate.
Certification of Application Submission Authority (Section 10),
• Section 10 - Other/Optional Attachments: This section allows submit other attachments to support the
application, including other site images, partner letters or support letters. Please note that these items
will generally not be scored or assessed as part of the formal evaluation of the proposal.
All applications must be submitted electronically. The online application portal, IGX, can be accessed at
https://eohed.intelligrants.com.
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V. APPLICATION EVALUATION
A. Core Review Criteria
All applications submitted through the One Stop will be reviewed by program staff to determine which One
Stop program is best suited to achieve the applicant’s objective. This review will include an initial screening
based on statutory and regulatory eligibility requirements and program guidance (See Appendix for links to
program guidelines). All applications will then be evaluated based on the following core review criteria, in
addition to the criteria noted in each respective program’s guidelines:
• Achievable Project Scope: Is the project feasible and achievable?
• Ability to Execute & Leadership: Does the project have appropriate leadership with the requisite
experience and ability to execute the project?
• Achievable Timeline: Is the timeline of the project reasonable and achievable? For construction
projects, is the project advanced in its design and permitting.
• Reasonable Budget, Showing Commitment: Is the project budget reasonable? While not required,
preference will be given to projects that leverage match funding outside of the requested grant funds, but
outside funding is not a prerequisite.
• Outcomes and Impact: What are the projected outcomes of this project and the impact this project may
have on the community? Outcomes related to equitable opportunity and environmental impact will also
be taken into consideration.
• Progress to Date, Showing Commitment: Does the applicant show commitment to the project through
past activity and investment?
B. Other Considerations
In addition to the criteria noted above, the One Stop for Growth will align with key priorities of the Baker Polito
Administration. First, there is a housing crisis in Massachusetts; therefore, all applicants will be asked how the
project impacts housing and whether a community has a housing moratorium or restricts new housing.
Additionally, it is vital to provide equitable opportunity to key populations in communities across the state. All
applicants will be asked to consider the equitable opportunities their project provides in the community Finally,
given the circumstances of the economy due to COVID-19, all applicants will be asked to consider whether the
project furthers economic recovery.
VI. ADDITIONAL INFORMATION
A. Submitting Questions
If you have questions, please submit them in writing to OneStop@mass.gov with the subject line “One Stop for
Growth Question.” The One Stop partners will review and aggregate responses and post them regularly on the
One Stop website: https://www.mass.gov/guides/community-one-stop-for-growth. EOHED, DHCD, and/or
MDFA reserve the right to respond only to questions relevant to the participating programs.
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B. Notes about Application Submission
• All applications must be submitted electronically. The online application portal, IGX, can be accessed at
https://eohed.intelligrants.com. An online webinar outlining the use of the system will be available on
the site.
• All applicants must set up a user account on IGX in order to submit an application for the Expression of
Interest and/or Full Application. A review of all users accessing program systems shall be conducted
annually to determine the accuracy of user access designations. If necessary, action shall be taken to
change, revoke, or grant user access to reflect the appropriate designation.
• The application form template and link to the portal will also be available on the EOHED webpage.
Applicants will have at least 12 weeks to review the application questions and prepare their project
proposal.
• It is the responsibility of the applicant to be aware of all requirements and deadlines, and to ensure that
their application is complete and submitted on time. All applications will be logged as to date and time
received and kept on file as public record. Late submissions will not be considered.
• EOHED reserves the right to request additional information from the applicant or external sources as may
be necessary in order to complete the application review. EOHED also reserves the right to recommend
partial grant awards, as deemed appropriate.
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VII. APPENDIX
A. Fully Integrated One Stop Programs
The following programs will be fully integrated into the One Stop.
Executive Office of Housing and Economic Development
Mass Works
Urban Agenda Grant Program
Department of Housing and Community Development
Housing Choice Community Grants, supported by Mass Works
Massachusetts Downtown Initiative
Community Planning Grants
Rural and Small Town Development Fund
MassDevelopment
Brownfields
Site Readiness Program
Underutilized Properties Program
Commonwealth Places (New to One Stop)
Collaborative Workspaces (New to One Stop)
Real Estate Services Technical Assistance (New to One Stop)
B. Referral Programs
Projects submitted through the Expression of Interest and/or Full Application may be referred to programs
outside of the One Stop that better meet the funding needs for the project. Referrals include, but are not limited,
to the following state programs:
Community Compact Cabinet
Best Practices Program
Efficiency and Regionalization Grant Program
Department of Agricultural Resources
Massachusetts Food Trust Program
Department of Conservation and Recreation
Drinking Water Supply Protection Grant Program
Department of Energy Resources
Green Communities
Department of Environmental Protection
State Revolving Fund
Department of Housing and Community Development
Community Development Block Grants
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Division of Ecological Restoration
Culvert Replacement Municipal Assistance Grant Program
Executive Office for Administration and Finance
iCubed
Executive Office of Energy and Environmental Affairs
Planning Assistance Grants
Parkland Acquisitions and Renovations for Communities Grant Program
Culvert Replacement Municipal Assistance Grant Program
Municipal Vulnerability Preparedness Program
Land and Recreation Grants and Loans
Executive Office of Housing and Economic Development
Seaport Economic Council Grants
Dredging Grant
Mass Broadband Institute
Mass Broadband Initiative
Mass Cultural Council
Cultural Facilities Fund
Massachusetts Growth Capital Corporation
Small Business Technical Assistance Grant Program
Massachusetts Life Sciences Center
STEM Equipment and Professional Development Grant Program
MassHire
MassHire Workforce Board
MassHousing
Technical Assistance
Neighborhood Hub
MA Office of Travel and Tourism
Destination Development Capital Grant Program
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
May 24, 2022,
Re: Town of Brewster
One Stop Application
Planning and Design Phase for Former Cape Cod Sea Camps Properties
Dear Secretary Mike Kennealy and One Stop Program Team,
The Brewster Select Board voted at its’ May 23 meeting to support the application for a
Community One Stop for Growth grant in connection with the planning and design phase for the
Town’s recently purchased Cape Cod Sea Camps properties.
The impetus for this project is the Town’s 2018 Vision Plan, which outlines as a priority the
maintenance and expansion of open space assets to provide public recreation and to protect the
Town’s fragile natural habitat. The recently acquired properties offer opportunities for significant
public benefits including conservation of land, coastal dunes, and wetlands; habitat and drinking
water protection; beach access; a home for a community center; extensive recreational amenities;
and community housing. This project is strongly aligned with community priorities identified in
the Brewster Vision Plan and resident feedback from other recent strategic planning initiatives.
The Select Board has recently finished appointing members to two new advisory committees
tasked with developing plans regarding the future uses of both parcels. These committees will
shortly embark on the planning and design phase, working with Town staff and a professional
interdisciplinary design team.If awarded this One Stop grant, these funds will be used to help
finance this stage of the project. The planning and design phase of the project is essential to
ensure that community feedback is obtained through a public engagement process, and to prepare
detailed Master Plans before we move into schematic design for the first phase of construction.
The two recently acquired parcels of land offer significant opportunities for the Town. The Town
currently lacks a community center, and many departments, such as the Department of
Recreation and the Council on Aging, lack the space necessary to adequately service the scale of
the programming they provide. Our project team will therefore consider the potential to co-locate
these departments in a new intergenerational community center. In response to the ongoing
housing crisis in Brewster and Cape Cod, our team will also assess the potential to use the
parcels to provide community housing and seasonal workforce rentals.
Office of:
Select Board
Town Administrator
We, the Select Board, are incredibly proud of the Town’s recent purchase of the former Cape
Cod Sea Camps properties. Last year, residents gave near-unanimous approval for the acquisition
at the biggest gathering of Town Meeting voters in Brewster’s history. There is overwhelming
community support for this project, due to the fact that these parcels of the land have the
potential to provide substantial benefits to Brewster for generations to come. It is essential that
we make the correct decisions on the future uses of these parcels. This One Stop grant would
greatly assist in the Town’s planning and design phase of this project, helping to fund the
contracting of an experienced consultant capable of drafting high quality Master Plans.
The Brewster Select Board strongly supports this Community One Stop for Growth grant
application.
Sincerely,
Cynthia Bingham,
Chair
Brewster Select Board
Provisional License Executive Summary 1
CAPE COD GROW LAB, LLC
MCN281275
MPN281446
BACKGROUND & APPLICATION OF INTENT REVIEW
1. Name and address of the proposed Marijuana Establishment:
Cape Cod Grow Lab, LLC
1399 Freemans Way, Brewster, MA 02631
2. Type of license sought (if cultivation, its tier level and outside/inside operation):
Cultivation – Tier 2 (5,001 to 10,000 sq. ft) / Indoor
Product Manufacturing
3. Applicant is a licensee or applicant for other Marijuana Establishment license(s):
Applicant is not an applicant or licensee for any other Marijuana Establishment
license.
4. List of all required individuals and their business roles in the Marijuana Establishment:
Chris Dias—Owner/Partner
Artak Sahakyan—Owner/Partner
Joshua Flanders—Manager
5. List of all required entities and their roles in the Marijuana Establishment:
No other entity, other than the applicant, appear to have direct or indirect
authority over the Marijuana Establishment.
6. Applicant’s priority status and information pertaining to co-located operations:
General applicant.
7. The applicant and municipality executed a Host Community Agreement on July 25, 2018.
8. The applicant conducted a community outreach meeting on May 1, 2018 and provided
documentation demonstrating compliance with Commission regulations.
2
9. The Commission sent the municipal notice to the Town of Brewster on November 27, 2018.
The Commission did receive a conditional response from Brewster stating that the applicant
is currently in compliance with local bylaws, however, a change in the bylaws was approved
by the municipality and is currently awaiting approval by the Attorney General’s office. The
new bylaw, if approved, would ban marijuana establishments in Brewster.
10. The applicant proposed the following programs for its Positive Impact Plan:
a. Mentor and accelerate ten (10) startup companies in the city of Wareham;
b. Provide operational consulting for new business owners; and
c. Host a series of workshops which will educate business owners in the areas of
crafting business plans and optimize marketing of their brands.
SUITABILITY REVIEW
11. There were no concerns arising from background checks on the individuals or entities
associated with the application.
12. There were disclosures of past civil or criminal actions, occupational license issues, or
marijuana-related business interests in other jurisdictions.
MANAGEMENT AND OPERATIONS REVIEW
13. The applicant states that it can be operational within eleven (11) months of receiving their
provisional license.
14. The applicant’s proposed hours of operation are the following:
Monday - Sunday: 8:00 a.m. – 11:00 p.m.
15. The applicant submitted all applicable and required summaries of plans, policies, and
procedures for the operation of the proposed establishment. The summaries were determined
to be substantially compliant with the Commission’s regulations.
16. The applicant proposed the following programs for its Diversity Plan:
a. Provide training and actively recruit female and minority employees;
b. Partner with minority-serving institutions to develop a recruiting pipeline; and
c. Establish development and mentorship opportunities.
17. Summary of cultivation plan (if applicable):
3
The applicant submitted a detailed cultivation plan that demonstrated the ability to
comply with the Commission’s regulations.
18. Summary of products to be produced and/or sold (if applicable):
a. Flower;
b. Pre-rolls;
c. Vape Cartridges; and
d. Capsules
19. Plan for obtaining marijuana or marijuana products (if applicable):
Not applicable.
20. ISO 17025 Certifying Body and Certificate Number (if applicable):
Not applicable.
RECOMMENDATION
Commission staff recommend provisional licensure with the following conditions:
1. Final license is subject to inspection to ascertain compliance with Commission regulations;
2. Final license is subject to inspection to ascertain compliance with applicable state laws and
local codes, ordinances, and bylaws. Furthermore, before the issuance of a final license, the
Commission will review de novo the proposed marijuana establishment's compliance with
local bylaws. As part of this process, the Commission may seek additional information
from the provisional licensee and the town of Brewster as to compliance.
3. The applicant shall cooperate with and provide information to Commission staff; and
4. Provisional licensure is subject to the payment of the appropriate license fee.
The applicant has demonstrated compliance with the laws and regulations of the Commonwealth
and suitability for licensure. Therefore, the applicant is recommended for provisional licensure.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
1
This Agreement between the Town of Brewster and Lower Cape Community Access Television
Inc. (“Agreement” or “Access Agreement”) is made this __ day of ________, 2022, by and between the
Town of Brewster, Massachusetts, a municipal corporation, (hereinafter also referred to as the "Town")
acting by and through its Select Board (also referred to as the "Issuing Authority" in the cable license
with Comcast of Massachusetts I, Inc.), and Lower Cape Community Access Television, Inc.
(hereinafter also referred to as "LCCAT"), a nonprofit corporation duly established under the laws of the
Commonwealth of Massachusetts, who agree as follows:
RECITALS:
WHEREAS, the Town of Brewster (hereinafter also referred to as the "Town") granted a Cable
Television Renewal License to Comcast of Massachusetts, I, Inc, (hereinafter also referred to as
"Comcast") for an Amended/ Restated Term from March 1, 2010 through September 17, 2011, and a
Renewal Terms from September 18, 2011 through September 17, 2021, and for a further Renewal
License for the 10-year term beginning September 17, 2021. (References to Comcast in this Agreement
shall apply to any and all transferees or successors to Comcast);
WHEREAS, the respective cable television license referenced above provides to the Town and
its residents certain Public, Educational and/or Government ("PEG") Access Channels together with
funding and support to the Town and/or its designee (i.e. an access corporation) for PEG Access
operations, facilities and equipment.
WHEREAS, the Town currently plans to continue to manage, operate and program its
Government Access Channel, it has decided to contract with a non-profit Access corporation for: (i) the
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
2
management, operation and programming of a Public Access Channel; and (ii) the provision of Access
equipment, and training in support of said equipment for the cablecasting of Educational Access
Programming produced by or for the Nauset Regional Schools, from the Nauset Regional High School,
or other location, over the Educational Access Channel provided to the Town by the cable licensee;
WHEREAS, LCCAT is a non-profit corporation that provides community access television
programing, including but not limited to operating Public and Educational Access channels for the
Towns of Brewster, Eastham, Orleans, Wellfleet, and Truro;
WHEREAS, the Town issued a Request for Proposal ("RFP") in 2010 for "Public and
Educational Access Programming, Services, Facilities and Equipment", and LCCAT timely responded
to said RFP and was selected as the successful Proposer;
WHEREAS, the Town and LCCAT entered into an Agreement dated October 25, 2010 under
which LCCAT has provided : (i) Public Access programming, services, facilities and equipment to the
Town, its residents, and Brewster organizations and institutions; and (ii) training in support of said
services, as reasonably determined by LCCAT, for the cablecasting of Educational Access
Programming from 5 Namskaket Road, Orleans, Massachusetts, or other location, over the Public
Access Channel or Educational Access Channel;
WHEREAS, the parties recognize and agree that LCCAT provides similar Public and
Educational Access services, facilities, equipment and/or support to and for the other LCCAT Towns
which enter into an Access Agreement with LCCAT, and that the residents and organizations and
institutions of those LCCAT Towns has provided such Access services, facilities, equipment and/or
support by and through LCCAT. (As such, unless otherwise specified, a reference to "Access Users" in
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
3
this Agreement shall, as defined in Section 1 below, mean an access user from any one of the following
Towns, in addition to the Town of Brewster, that has entered into an agreement with LCCAT: Orleans,
Eastham, Truro, and Wellfleet); and
WHEREAS, the Town, pursuant to and consistent with its authority as a municipal corporation
and a cable franchising/licensing authority under applicable federal and state law, and the provisions of
Article 6 of the License, desires to enter into this Agreement for the provision by LCCAT of Public and
Educational Access programming, services, facilities and equipment to Brewster Access Users, pursuant
to the terms of this Agreement and applicable law.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the parties agree as follows:
SECTION 1. DEFINITIONS
"Cable Licensee" or "Licensee" - shall mean Comcast of Massachusetts I, Inc., or any successor
or transferee in accordance with the terms and conditions in the currently-effective Renewal License.
"LCCAT Towns" - shall mean the Town of Brewster and any of the following Towns which
enter into Access Agreements substantially similar to the subject Agreement with LCCAT; Orleans,
Eastham, Truro, and Wellfleet.
"LCCAT Access Users" or "Access Users" - shall mean the residents of, or individuals
associated with organizations or institutions in, the LCCAT Towns, who have complied with and have
successfully completed the reasonable membership and training requirements of LCCAT.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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“Renewal License” – The Cable Television Renewal License between Comcast Cable
Communications Management LLC and the Town of Brewster, Massachusetts, dated September 17,
2021.
“Public Access Programming” (also sometimes referred to as Access Programming) – shall mean
Public and Educational Access programming provided to the LCCAT Towns pursuant to this Agreement
and Access Agreements with other LCCAT Towns. It is understood and agreed that LCCAT provides
other community television services.
"Town" - The Town of Brewster, Massachusetts. Unless otherwise required by this Agreement
or applicable law or regulations, any actions on behalf of the Town under or pursuant to this Agreement
may be taken by the Brewster Select Board.
"Brewster Access Users" - shall mean the residents of, or individuals associated with
organizations or institutions in, the Town of Brewster, who have complied with and have successfully
completed the reasonable membership and training requirements of LCCAT, and shall also include the
Town of Brewster, its officials and employees, also subject to any training requirements of LCCAT.
SECTION 2. PURPOSE OF AGREEMENT
The purpose of this Agreement is for the provision and/or support of Public Access
Programming and related services, facilities, equipment and training pursuant to the terms of this
Agreement and applicable law.
SECTION 3. RESERVED
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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SECTION 4. TERM
(a)The Agreement shall be for a term, commencing on October 1,, 2021 and running through
and until September 30, 2031, unless earlier terminated as provided herein. This Agreement may be
extended by a written instrument signed by the authorized representative(s) of both parties.
(b)LCCAT shall, by January 1, 2031, give the Select Board written notice of its request to
renew this Agreement for an additional term. In response to a written notice of request to renew from
LCCAT, the Select Board shall, within sixty days (60) days of receipt of said notice, provide a written
response to LCCAT as to whether it is willing to renew this Agreement. If, as evidenced by the written
notices of LCCAT and a written response of the Select Board, both parties are interested in renewing this
Agreement, the parties shall negotiate in good faith to see if an agreement (including any new terms) can be
reached to so renew said Agreement on terms agreeable to both parties.
SECTION 5. SCOPE OF SERVICES — PUBLIC ACCESS PROGRAMMING, SERVICES,
FACILITIES AND EQUIPMENT
LCCAT shall provide Public Access Programming services, facilities, equipment and training to
the Town of Brewster and Brewster Access Users, consistent with the funds provided to LCCAT
pursuant to this Agreement and the reasonable availability of access personnel, contractors and
volunteers, and in accordance with applicable law and the operation of a Section 501(c)(3) tax exempt
organization. LCCAT shall be responsible for the provision of programming on the Public Access
Channel (hereinafter also referred to as the “Access Channel”), including, but not limited to
programming produced by its members/producers and programming produced or otherwise recorded or
sponsored by or for LCCAT. The services, facilities and equipment provided by LCCAT shall be
provided to Brewster Access Users on a non-discriminatory basis. All Access Programming shall
require a LCCAT sponsor, either an LCCAT member or LCCAT itself. The Public Access
AGREEMENT BY AND BETWEEN
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LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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programming, services, facilities and equipment shall, consistent with the funds available to LCCAT,
include the following responsibilities:
(a)Schedule, operate and maintain the Public Access Channel provided in accordance with
the respective cable licenses.
(b)Ensure that all programming on the Public Access Channel shall comply with applicable
laws and regulations.
(c)Responsibly manage the annual funding provided to and raised by LCCAT, including the
funding provided pursuant to this Access Agreement;
(d)Operate and maintain a Public Access studio, and purchase and/or lease equipment with
the funds provided to and raised by LCCAT, including the funding provided pursuant to Section 7
below;
(e)Conduct outreach and recruitment efforts and activities to increase membership and
Access Users;
(f)Conduct training programs in the skills necessary to produce quality Public Access
Programming. Training programs shall be both regularly scheduled and by appointment, as reasonably
determined by LCCAT;
(g)Provide technical assistance to Access Users, using LCCAT staff and volunteers;
(h)Provide access to production and post-production equipment for Access Users;
(i)Establish rules, procedures and guidelines (including written Access User agreements,
which shall be required for all Access Users) for use of the Public Access Channel, facilities and
equipment;
(j)Effectuate and support the production and promotion of educational, cultural and
informational programming; and encourage and develop local origination programming;
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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(k)Be responsible for the maintenance and repair of all LCCAT facilities and equipment,
regardless of where located;
(l)Upon timely request from the Select Board or Town Administrator, provide, at no cost to
the Town a means of accessing archival copies of any Public Access program cablecast in any format by
LCCAT to the extent available;
(m)Accomplish such other tasks relating to the operation, scheduling, management, training
and/or programming of the Public Access Channel and/or the Public Access facilities and equipment as
necessary and appropriate;
(n)Provide that, with respect to dues for members of the LCCAT, there is a provision for the
waiver of dues for reasons of reasonably documented or evidenced hardship;
(o)Upon two weeks’ notice from the Town Administrator and, subject to staff availability,
provide video production of two non-governmental meetings per year.
SECTION 6. PROVIDING OPEN AND EQUAL ACCESS TO ACCESS USERS
LCCAT shall develop and enforce policies and procedures which promote the use of the Public
Access facilities and make programming accessible to Brewster residents and individuals associated
with Brewster organizations and institutions, consistent with such time, manner, and place regulations,
including safe harbor provisions, as are appropriate to provide for and promote the use of the Public
Access channel, equipment and facilities.
SECTION 7. NON-COMMERCIAL PROGRAMMING
(a)All Public Access Programming cablecast by LCCAT shall be non-commercial.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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(b)Nothing in the Agreement shall prohibit LCCAT from including an appropriate
underwriting acknowledgment before or after a Public Access program, to the extent otherwise not
prohibited by applicable law and or the terms of a cable license.
(c)LCCAT may charge a reasonable fee for the following services:
(i)services customarily provided to access users by a PEG access corporation for a
fee;
(ii)other community television services, to the extent not otherwise prohibited by
applicable law, and except where LCCAT has agreed to provide such services to
the Town or its designees without a fee as set forth in this Agreement, including
in Section 5, above;
(iii)Sponsorship fees; and
(iv)Membership fee(s).
SECTION 8. SCOPE OF SERVICES — EDUCATIONAL ACCESS
LCCAT shall provide Public Access equipment, and provide or otherwise provide for, limited
training in support of said Public Access equipment, as reasonably determined by LCCAT, and subject
to funds being available for this purpose to be located at 5 Namskaket Road, Orleans, Massachusetts.
LCCAT shall also cablecast the Educational Access Channel, provided by the Licensee to the Town in
the Cable License.
LCCAT shall provide limited technical assistance with regard to its Educational Access
operations and programs, as reasonably determined by LCCAT, and subject to funds being available for
this purpose after LCCAT has met it Public Access obligations under this Agreement. LCCAT shall not
be required provide with staffing or funding.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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SECTION 9. COPYRIGHT CLEARANCE
LCCAT shall require Access Users to obtain all necessary talent and location releases; all rights
to all material cablecast; clearances from broadcast stations, networks, sponsors, music licensing
organizations' representatives; and without limitation of the foregoing, rights, releases, licenses,
clearances or permissions from all other person(s) as may be necessary to transmit its or their program
material over the Access Channel in a lawful manner. Access Users shall be required to represent that all
such required clearances and rights have been obtained by completing an Access User production
agreement form to be filed with LCCAT. Access Users shall further identify themselves as responsible
for all opinions, statements and other representations made during their program. LCCAT will reference
all communications from viewers directly to the named producer of that program.
SECTION 10. FUNDING AND EQUIPMENT OF THE ACCESS CORPORATION
(a)For the term of this Agreement, and following the execution of its September 17, 2021
Renewal License, the Town shall provide LCCAT with the following funding:
(i)The Town will pay LCCAT operating support funding consisting of forty-five
percent (45%) of all quarterly access support payments the Town receives under
section 6.4 (a) of the Renewal License. Under section 6.4 (a) of the Renewal
License, the Town will receive quarterly payments consisting of five percent (5%)
of Licensee’s Gross Annual Revenues “GAR”), every May 15, August 15,
November 15 and February 15, throughout the term of the Renewal License.
The Town will pay LCCAT capital support funding consisting of 46.5% of all annual capital
support payments the Town receives under section 6.4 (b) of the Renewal License. Under section 6.4
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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(b), of the Renewal License, the Town will receive annual capital support payments totaling thirty
thousand dollars ($30,000) each year of the Renewal License, beginning forty-five days after execution,
and each year thereafter on the anniversary of that date, throughout the term of the renewal license. In
addition, the Town will issue LCCAT a one-time payment of $10,000 upon execution of this Agreement
for costs associated with the re-location of the studio. In the event that Comcast fails to make any
anticipated payment to the Town in the amount called for under the terms of the Renewal License
between the Town and Comcast, such that the Town is unable to make the corresponding payment(s) to
LCCAT provided for in this Agreement, including without limitation as provided in this Section 10, then
the Town shall be under no obligation to forward or otherwise pay any such related amount called for
hereunder to LCCAT, until such time as the defaulted payment is tendered by Comcast.
(b)The Town shall make a good faith effort to provide LCCAT with Public Access operating
funding provided by any future additional cable licensee in an equitable manner, consistent with and
subject to the terms of the new cable license, with the percentage Access operating funding provided
herein to LCCAT, or such other percentage as may in good faith be agreed upon between the parties. If
necessary, the parties agree to make a good faith attempt to amend this Agreement within a reasonable
time after the Town grants any new cable license, in order to effectuate and document the intent of this
provision.
(c)The Town and LCCAT shall negotiate, in good faith, an equitable amount of Access
Capital funding that shall be provided to LCCAT from the PEG Access capital funding provided by any
future additional cable licensee. If necessary, the parties agree to make a good faith attempt to amend
this Agreement within a reasonable time after the Town grants any new cable license, in order to
effectuate and document the intent of this provision.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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(d)LCCAT shall be responsible for the maintenance and repair of all LCCAT
facilities and equipment.
(e)If requested by the Town, LCCAT shall, within a reasonable time, not to exceed thirty
(30) days provide an inventory (including models and serial numbers) of all equipment acquired and/or
owned by LCCAT purchased with funding pursuant to this Agreement.
(f) To secure the obligations of LCCAT pursuant to this Agreement, including, but not
limited to the obligations pursuant to Section 10(i) below, LCCAT hereby grants the Town a security
interest in all personal equipment or property, purchased with funding pursuant to this Agreement.
LCCAT agrees to take all steps reasonably requested in writing by the Town to perfect and enforce the
Town's security interest, including the execution and processing of financing statements and
continuation statements under the Uniform Commercial Code. The Town agrees to subordinate its
interest to finance the purchase of equipment or property if deemed reasonably necessary by the Town.
The subordination shall only be with respect to the specific equipment or property that LCCAT finances.
A determination by the Town not to invoke its rights to security interests shall not affect the obligation
of LCCAT to return the subject equipment and funds to the Town (or its designee) pursuant to Section
10(i) below. To further secure its obligations as described above, LCCAT shall take such reasonable
actions as requested by the Select Board or its designee with respect to any funds provided to LCCAT
by the Town and which have not as of that time been expended by LCCAT.
(g)(i) Upon the termination of this Agreement, or the expiration of this Agreement without a
renewal agreement, or the expiration of the cable renewal license(s) by the Town with a cable
operator(s) without provision for the continued funding of Access thereafter, or any other event that
would, in the opinion of the Select Board, put the funding, equipment or property, real or personal,
provided to LCCAT pursuant to this Agreement or purchased by or for LCCAT from funds provided
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
12
pursuant to this Agreement at risk, LCCAT shall, if requested at any time in writing by the Town, return
to the Town, or at the Town’s direction, to one or more charitable or educational institutions or
organizations selected by the Select Board and created and organized for nonprofit purposes similar to
those of LCCAT, and which qualify or qualifies as tax exempt pursuant to §501(c)(3) of the Internal
Revenue Code or the corresponding section of any future federal tax code, all funding, equipment or
property, real or personal, provided to LCCAT pursuant to this Agreement or purchased by or for
LCCAT from funds provided pursuant to this Agreement, as well as all unexpended funds previously
provided to LCCAT pursuant to this Agreement. At the option of the Town said equipment and/or funds
shall, upon the occurrence of one of the above referenced contingencies, be provided by LCCAT to such
organization(s) designated by the Town to manage public and educational access, which shall at that
time qualify as a tax-exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code or
the corresponding section of any future federal tax code.
(h)Upon the dissolution of LCCAT, subject to the requirements of Chapter 180 of the
Massachusetts General Laws and Section 501(c)(3) of the Internal Revenue Code or the corresponding
section of any future federal tax code, if requested at time in writing by the Town, distribute at the
Town’s direction, to one or more charitable or educational institutions or organizations selected by the
Select Board and created and organized for nonprofit purposes similar to those of LCCAT, and which
qualify or qualifies as tax exempt pursuant to §501(c)(3) of the Internal Revenue Code or the
corresponding section of any future federal tax code, all funding, equipment or property, real or
personal, provided to LCCAT pursuant to this Agreement or purchased by or for LCCAT from funds
provided pursuant to this Agreement, as well as all unexpended funds previously provided to LCCAT
pursuant to this Agreement.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
13
SECTION 11. RESERVED
SECTION 12. ACCESS STUDIO
(a) LCCAT shall oversee the moving and construction, or re-construction and the equipping operation
of a new Access facility/ studio (hereinafter referred to as the "Access studio"), at a time and location to be
determined, and consistent with and limited by the funds provided and available to LCCAT pursuant to this
Access Agreement and other available funding. The relocated or re-constructed Access studio shall comply with
all applicable laws and regulations.
(b) LCCAT shall continue to maintain reasonable and regular studio hours, with the specific
hours based upon the reasonable needs of Access Users. LCCAT shall inform the public, through
cablecast on the Public Access Channel, of the days and hours when the studio will be open and
available pursuant to the regular schedule. In addition, LCCAT shall, upon request from Access Users,
provide reasonable evening and weekend access to LCCAT to the studio, subject to staff availability.
(c) The Access studio shall be for the exclusive use of staff for production and
training in the execution of the mission of LCCAT and for Access Users. The Access studio shall not be
used for any other purpose or for the benefit of any persons other than: (i) Access Users; (ii) an LCCAT
Town; or (iii) persons whose specific use of the studio benefits Public Access and LCCAT, and is
reasonably limited in its nature and/or duration.
Included within Licensee’s capital grant in sec. 6.4 (b) is a ten thousand seven hundred eighty dollar
($10,780) grant comprising the Town’s contribution to the costs of any future LCCAT studio relocation
or reconstruction. This additional grant was added to the Town’s total capital grant, spread out over the
ten-year Renewal License term, and is included within each annual capital grant tendered under section
6.4 (b).
SECTION 13. RESERVED
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
14
SECTION 14. GOVERNANCE OF ACCESS CORPORATION
The governance of LCCAT shall comply with the requirements of: Section 501(c)(3) of the
Internal Revenue Code; Chapter 180 of the Massachusetts General Laws; the Articles of Organization
and Bylaws of LCCAT; and all applicable laws and regulations. The Town reserves the right, but not
obligation, to appoint one member of the Board of Directors. Upon written request from the Town,
LCCAT shall provide current copies of its Articles of Organization and Bylaws as well as copies of the
most recent Form 990, Form PC, and Annual Report filed with the Secretary of the Commonwealth.
LCCAT shall provide the Town Administrator with notice of any proposed amendment to the Bylaws of
LCCAT not less than ninety days before the date of any meeting to consider the adoption of any such
amendment.
The Board of Directors of LCCAT shall hold a minimum of four meetings per year. Timely
notice of meeting of the Board of Directors shall be provided. Meetings shall be open to the public.
Notwithstanding the forgoing, the requirement meetings be open to the public shall not apply to: (a)
conferences, training sessions, or social events; (b) attendance of Board members at a meeting of
another organization; (c) the distribution (in writing or via electronic means) of scheduling information
or materials to be discussed at a Board meeting; (d) on-site inspections; and (e) executive sessions for
consideration of employment, contractual, litigation or mediation, collective bargaining, criminal
misconduct and charges, intellectual property and trade secrets, real estate transaction, or as required by
law or grants. It is understood and agreed that LCCAT is not a governmental or public body and is not
subject to "Open Meeting Law". Accurate minutes of meetings of the Board shall be kept.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
15
All residents (whether full-time or seasonal) of the Town and all organizations and institutions
which are located in the Town shall be eligible to participate in the activities of LCCAT and upon
reasonable compliance with reasonable conditions, consistent with the intent of the Agreement.
SECTION 15. RESERVED
SECTION 16. ANNUAL REPORT
At least once each calendar year, LCCAT shall submit to the Town a written annual report
(together with an electronic copy) which shall contain, at a minimum, the following information:
(a)A summary of programming and services provided;
(b)List of future goals;
(c)Current and complete listing of LCCAT's Board of Directors;
(d)A complete current inventory of all equipment; and
(e)A year-end fiscal audit or review, as required by Section 19(a)(iii), below.
SECTION 17. UPDATE MEETING BETWEEN TOWN AND LCCAT
(a)Once per year, when requested by the Board of Selectmen, LCCAT shall meet with the
Board of Selectmen and/or its designee. The purpose of said meeting shall include reviewing LCCAT's
compliance with the terms and conditions of this Agreement, and hearing comments and/or suggestions
from the Town and the public. Members of the public may submit comments during such review
hearing, either orally or in writing, at the direction of the Board of Selectmen or its designee.
(b)The Board of Selectmen and/or its designee shall have the right to question LCCAT
regarding any aspect of its performance under this Agreement. LCCAT shall fully cooperate with the
AGREEMENT BY AND BETWEEN
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Board of Selectmen or its designee, and shall produce, at LCCAT's cost, such documents or other
materials relevant to such review and evaluation as are reasonably requested by the Town.
(c)LCCAT shall provide notice of all such performance evaluation hearings by periodic
messages on the Public Access Channel.
(d)Nothing in this Section shall prohibit the Town from requesting that LCCAT attend other
meetings or hearings, or compelling the attendance by LCCAT through any lawful means.
SECTION 18. PERFORMANCE REVIEW BY THIRD PARTY
No more than twice during the term of this Agreement, LCCAT shall, if requested by an LCCAT
Town representative, be required to engage or retain a person or entity that is knowledgeable and
experienced in PEG Access operations in the Commonwealth of Massachusetts to conduct a
performance review of LCCAT's operations, the cost to be borne by LCCAT. Upon completion, LCCAT
shall submit a copy of a written performance review to the Board of Selectmen.
SECTION 19. RECORDS AND AUDIT.
(a)LCCAT shall maintain all necessary books and records, in accordance
with generally accepted accounting principles. Additionally, LCCAT shall:
(i)implement effective internal financial and operating controls for the efficient use of
all funds and other resources provided pursuant to this Agreement;
(ii)maintain all necessary books and records, in accordance with generally accepted
accounting principles;
(iii)have a year-end fiscal audit or review, prepared by an independent certified public
accountant. (A fiscal audit (rather than a review) shall be performed if: (a) required
by applicable law or regulation, or (b) if requested in writing by the Board of
AGREEMENT BY AND BETWEEN
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LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
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Selectmen no later than the end of the fiscal year. The fiscal review may, to the extent
allowed under applicable law, be performed by a person who is not a certified public
accountant if authorized in writing by the Select Board; which authorization the
Board may deny in its sole discretion. Nothing herein shall limit the contractual
authority of the Town pursuant to Sections 18(b) and 18(c) below.
(iv)make timely payment as due to persons and entities supplying labor, materials or
services to LCCAT for any purpose under this Agreement; and
(v)maintain generally accepted business and accounting practices with respect to its
operations and investments, financial oversight and management;
(b)Upon request of the Select Board or its designee, LCCAT shall, at a reasonable time(s)
during normal business hours, make available any or all of its records with respect to all matters covered
by this Agreement.
(c)The Town shall, at its cost, have the right to have the financial books and
records of LCCAT reviewed by a qualified individual or firm. Nothing herein shall be deemed to
diminish the responsibility of LCCAT, if any, under applicable law or regulation, with respect to any
financial record keeping or financial statement and/or audit requirements. Copies of any such financial
records, statements or audits shall be provided to the Town upon request of the Select Board or its
designee.
(d)All capital equipment (including furniture) purchased with funds pursuant to this
Agreement by LCCAT will be inventoried and appropriately marked in a manner customarily used at
well operated access centers, and an inventory, including invoice numbers, maintained and updated.
SECTION 20. INDEPENDENT CONTRACTOR
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
18
It is understood and agreed that LCCAT is an independent contractor and that no relationship of
principal/agent or employer/employee exists between the Town and LCCAT. If in the performance of
this Agreement any third persons are employed by LCCAT, such persons shall be entirely and
exclusively under the control, direction and supervision of LCCAT. All terms of employment, including
hours, wages, working conditions, discipline, hiring and discharging or any other term of employment
shall be determined by LCCAT and the Town shall have no right or authority over such persons or terms
of employment.
SECTION 21. ASSIGNMENT AND TRANSFER
Neither this Agreement nor any interest or responsibility herein shall be assigned or transferred
by LCCAT, except as expressly authorized in writing by the Town through its Select Board.
Notwithstanding the foregoing, in the event of the dissolution of LCCAT, any distribution of assets shall
be subject to the requirements of Section 501(c)(3) of the Internal Revenue Code and Chapter 180 of the
Massachusetts General Laws.
SECTION 22. FUNDING FROM OTHER SOURCES
Nothing in this Agreement shall prohibit LCCAT from obtaining funding from other sources in a
lawful manner, including, but not limited to, fundraising activities and sponsorships.
SECTION 23. INDEMNIFICATION OF TOWN BY LCCAT
LCCAT shall indemnify, defend, and hold harmless the Town, its officials, employees,
volunteers and agents from and against any and all suits, actions, causes of action, losses, damages, or
liabilities of any kind, nature or description, including, payment of all attorneys' fees and litigation costs
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
19
and expenses, brought by any person or persons for or on account of any claim, loss, damage or injury to
person, property or any other interest, tangible or intangible, or death sustained by or accruing to any
person or persons, however the same may be caused, directly or indirectly or arising or resulting from
any alleged act(s) or omission(s) of LCCAT, its officers, employees, volunteers, agents or
subcontractors from or with respect to the performance of or pursuant to this Agreement or arising from
or in connection with the failure to comply with any applicable laws, rules, regulations or other
requirements or orders of local, state or federal authorities, for claims of libel, slander, invasion of
privacy, or infringement of common law or statutory copyright, or for breach of contract or other injury
or damage in law or at equity which claims, directly or indirectly, result from LCCAT's use of channels,
funds, equipment, facilities or staff granted under or obtained pursuant to the funding from this
Agreement. This indemnification requirement shall survive the termination or expiration of this
Agreement.
SECTION 24. INSURANCE
LCCAT shall, unless otherwise directed in writing by the Town, obtain and
maintain in full force and effect at all times during the term of this Agreement, all insurance required
below by this Section.
(a)Commercial General Liability Insurance - Commercial general liability insurance policy,
including protective liability, completed operations and broad form contractual liability, property
damage and personal injury coverage, with a minimum coverage limit of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. The Town reserves the
right to require an increase in these minimum coverage amounts to a total of Two Million Dollars
($2,000,000) per occurrence and Three Million Dollars ($3,000,000) aggregate if circumstances and/or
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
20
risks warrant. Similarly, the Town reserves the right to decrease these minimum coverage amounts, if in
its sole discretion, if such decrease is in the interest of the Town, under the totality of circumstances.
(b)Motor Vehicle Liability Insurance - Automobile liability insurance for owned, leased or
rented motor vehicles in the amount of Five Hundred Thousand Dollars ($500,000) combined single
limit or Two Hundred Fifty Thousand Dollars ($250,000) per person/ Five Hundred Thousand Dollars
($500,000). The Town reserves the right to decrease these minimum coverage amounts, if in its sole
discretion, if such decrease is in the interest of the Town, under the totality of circumstances.
(c)Business Personal Property Insurance - Business personal property insurance for
facilities and equipment in the amount of replacement cost.
(d)Workers' Compensation - Workers Compensation in the minimum amount of the
statutory limit if and when LCCAT has an employee.
(e)Cablecaster's Errors and Omission Insurance - LCCAT shall obtain errors and omission
insurance to cover the content of productions which are cablecast on an Access Channel to include, at
minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of
emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy
shall not be required to cover individual Access User . The minimum amount of said insurance shall be
One Million Dollars ($1,000,000), unless otherwise agreed to in writing by the Town.
(f)The following conditions shall apply to all of the insurance policies referenced above:
(i)The Town shall be named as an additional insured on all aforementioned insurance
coverages to the extent allowed by law, other than the workers' compensation policy.
The policies shall provide that no cancellation, material change in coverage or
expiration may be affected by the insurance company or LCCAT without first giving
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
21
the Town thirty (30) days written notice prior to the effective date of such
cancellation or change in coverage;
(ii)All liability insurance shall be written on an "occurrence basis".
(iii)Such insurance shall be primary with respect to any insurance or self-insurance
maintained by the Town and shall not call on the Town’s insurance for contributions;
(iv)Such insurance shall be obtained from producers authorized to transact insurance
business in the Commonwealth of Massachusetts and, unless otherwise agreed to in
writing by the Town, shall be provided by an insurance carrier(s) licensed to do
business for the coverage provided in the Commonwealth of Massachusetts by the
Massachusetts Division of Insurance;
(v)The coverage amounts set forth above may be met by a combination of underlying
and umbrella policies so long as in combination the limits equal or exceed those
required herein and follow the same form;
(vi)The cost of such insurance, including all premiums and deductibles, shall be borne by
LCCAT;
(vii)The parties shall periodically review the insurance coverage and coverage
amounts required above to determine whether said insurance adequately protects the
parties and is cost effective given available funding pursuant to this Agreement;
(viii)The failure of LCCAT to maintain the insurance required herein shall be grounds
for the Town to suspend this Agreement upon five (5) business days written notice
from the Town to LCCAT, except however, to the extent said insurance is terminated
through no fault of LCCAT, it shall have thirty (30) days to obtain replacement
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
22
insurance that complies with this Agreement. Nothing in this Section 23(f)(viii) shall
affect the Town's rights pursuant to Section 25 of this Agreement.
(g)Directors' and Officers' Liability Insurance - LCCAT shall obtain directors' and officers'
liability insurance for its directors and officers.
SECTION 25. COMPLIANCE WITH LAWS AND REGULATIONS
LCCAT shall be governed by, operated in accordance with, and comply with all applicable laws
and regulations.
SECTION 26. TERMINATION OF AGREEMENT - TRANSFER OF ASSETS
(a)The Town, through its Select Board, shall have the right upon thirty (30) days written
notice to LCCAT to terminate this Agreement for:
(i)Malfeasance, misfeasance, misappropriation or waste of funds
provided pursuant to this Agreement;
(ii)Loss of (or failure to obtain in a reasonable time) 501(c)(3) status by LCCAT;
(iii)LCCAT filing a petition of bankruptcy, or for receivership or reorganization, or
has filed any other petition under the bankruptcy law, or has taken or committed
an act preparatory to the filing of any such petition, or has become insolvent or
has committed any other act of bankruptcy or insolvency, or has a substantial
portion of its assets assessed or otherwise encumbered for the benefit of creditors;
(iv)The loss of a substantial portion of PEG Access funding as a result of a change in
the financial terms of a cable license, a change in the status of a cable service
provider or a change in law; or
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
23
(v)For any material breach of a material provision of this Agreement by LCCAT, as
further described in this Section 25 below.
(b)LCCAT may avoid termination by curing any such breach within thirty (30) days of
written notification or such longer time as the Select Board determines. Upon a third (3rd) material
breach by LCCAT over the course of a twenty-four (24) month period, the Town may terminate the
Agreement upon written notice provided without any cure period as long as said notice is provided
within ninety (90) days after the material breach (each day a material breach continues shall be deemed
to be an actionable day for purposes of this requirement to terminate within said 90-day period).
(c)LCCAT shall have the right upon sixty (60) days written notice to the Town to terminate
this Agreement for material breach of any material provision of this Agreement by the Town. The Town
may avoid termination by curing any such breach within said sixty (60) day period.
(d)All written notices of termination shall include a reasonably detailed description of the
alleged breach.
(e)See Section 24(f)(viii) for suspension or termination as a result of LCCAT's failure to
maintain the required insurance.
(f)See Section 10(h) and (i) above regarding security interests, return of funds, return of
equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or
purchased by LCCAT with funds received pursuant to this Agreement.
SECTION 27. MISCELLANEOUS PROVISIONS
Section 27.1 Entire Agreement/Amendment
This instrument contains the entire agreement between the parties, which supersedes all prior
agreement or proposals except as specifically incorporated herein, and cannot be changed orally, but
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
24
only by a written instrument executed by both parties (with the Select Board signing on behalf of the
Town).
Section 27.2 Cooperation
Each party agrees to cooperate with the other party to carry out the provisions of this Agreement.
Failure to cooperate to carry out the terms of the Agreement will be considered to be a material breach.
Section 27.3 Captions
The captions to sections throughout this Agreement are intended solely to facilitate reading and
reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or
interpretation of the Agreement.
Section 27.4 Liability of Town Officials and Employees
To the fullest extent permitted by law, no official, employee, agent or representative of the Town
shall be individually or personally liable on or for any obligation of the Town under this Agreement.
Section 27.5 Warranties
LCCAT warrants, represents and acknowledges that as of the date of execution of this
Agreement:
(a)LCCAT is duly organized, is validly existing, is in good standing as a non-profit
corporation under the laws of the Commonwealth of Massachusetts and is exemptfrom taxation
pursuant to 501(c)(3) of the Internal Revenue Coad as a charitable corporation.
(b)LCCAT has the requisite power and authority under applicable law and its articles of
incorporation and by-laws, is authorized by resolutions of its Board of Directors or, and has secured all
consents which are required to be obtained as of the date of execution of this Access Agreement to enter
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
25
into and legally bind LCCAT to this Agreement and to take all actions necessary to perform all of its
obligations pursuant to this Agreement;
(c)This Access Agreement is enforceable against LCCAT in accordance with the provisions
herein; and
(d)There is no action or proceedings pending or threatened against LCCAT which would
interfere with its performance of this Access Agreement.
Section 27.6 Force Majeure
If by reason of Force Majeure either party is unable in whole or in part to carry out its
obligations hereunder, said party shall not be deemed in violation or default during the continuance of
such inability, provided the party takes immediate and diligent steps to comply as soon as possible under
the circumstance with this Agreement without endangering the health or safety of persons or property.
The term "Force Majeure" as used herein shall include, but not be limited to, the following: acts of God;
acts of public enemies; orders of any kind of the government of the United States of America or of the
State or any of their departments, agencies, political subdivision, or officials, or any civil or military
authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, volcanic
activity, storms, floods, washouts, civil disturbances, explosions, strikes, and unavailability of essential
equipment, service or materials, the unavailability of affordable insurance coverage, or other matters
beyond the reasonable control of the party. In the event that any such delay in performance or failure to
perform affects only part of the party's capacity to perform, the party shall perform to the maximum
extent it is able to do so in as expeditious a manner as possible. The party subject to Force Majeure shall
upon learning of the Force Majeure occurrence covered by this Section which affects its performance
under this Agreement, promptly notify the other party in writing of the claimed occurrence.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
26
Section 27.7 Non-Waiver
Failure of either party to insist on strict performance of any portion of this Agreement or to
exercise its rights or remedies hereunder upon the failure of performance or default of the other party,
shall not be considered a waiver of the right to insist upon or to enforce any provision of this Agreement
or to exercise any right or remedy occurring as a result of any future failure of performance or default.
Section 27.8 Severability
(a) If any non-material section, sentence, paragraph, term or provision of this Agreement is
determined to be illegal, invalid, unenforceable or unconstitutional or is otherwise void, by any court of
competent jurisdiction or other entity with similar legal authority such determination shall have no effect
on the validity of any other section, sentence, paragraph, term or provision hereof, all of which shall
remain in full force and effect for the term of the Agreement.
(b) In the event that a material section, sentence, paragraph, term or provision of this Agreement
is determined to be illegal, invalid, unenforceable or unconstitutional or is otherwise void, by any court
of competent jurisdiction or other entity with similar legal authority, the parties agree to immediately
enter into negotiations in good faith and make equitable amendments to restore the relative burdens and
benefits of this Access Agreement. The remedies provided for herein do not prevent a party from
contending that a particular provision is enforceable, or foreclose any remedies if a provision is
enforceable.
Section 27.9 Applicable Law
This Agreement shall be interpreted and enforced under the laws of the Commonwealth of
Massachusetts.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
27
Section 27.10 Jurisdiction and Venue
Jurisdiction and venue of any legal action arising from this Access Agreement shall be in the
Barnstable County Superior Court in Barnstable, Massachusetts. If no subject matter jurisdiction exists
in the Superior Court, the legal action shall be brought in the District Court in Orleans. The parties by
this Access Agreement subject themselves to the personal jurisdiction of said courts for all purposes,
including the entry of judgment and for the resolution of any dispute, action or suit.
Section 27.11 Notice
Official notice shall be in writing, and delivered or sent by certified mail - return receipt
requested or express mail - signature required. Delivery shall be equivalent to direct personal notice,
direction or order, and shall be deemed to have been given at the time of delivery. Certified mail shall
be deemed to have been given two (2) days after mailing and express mail shall be deemed to have been
given the day after mailing. Notice shall be addressed as provided below or such other name, title
and/or address as hereinafter provided in writing by the respective party:
TOWN OF BREWSTER
Chair
Brewster Select Board
Brewster Town Hall
2198 Main Street
Brewster, Massachusetts 02631
LOWER CAPE COMMUNITY
ACCESS TELEVISION, INC.
Deborah Magee, President
Lower Cape Community Access Television, Inc.
P.O. Box 1661
North Eastham, Massachusetts 02651
with a copy to: the Town Administrator
at the same address
with a copy to Eugene R. Curry, Esq.
Law Office of Eugene R. Curry
3010 Main Street
Barnstable, Massachusetts 02630
IN WITNESS WHEREOF, the parties have executed this Agreement as a sealed instrument
this_____ day of __________ 2022.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
28
TOWN OF BREWSTER LOWER CAPE COMMUNITY
ACCESS TELEVISION, INC.
___________________________ _____________________________
___________________________
___________________________
___________________________
___________________________
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
CC: Donna Kalinick, Assistant Town Administrator
RE: Summer 2022 Sea Camps Public Access
DATE: May 20, 2022
The Town received approval from the Conservation Commission late last month to
undertake the beach parking project. Those permits are now in place and will govern
our activities on the site – see attached for more details. The Department of Public
Works is coordinating this project, with site work set to begin next week. Based on the
current status of materials purchases and contractor coordination, we still anticipate an
opening on or around July 1. Once we are further along with the work (likely mid-
June), we will make an announcement about the first day that the beach will be open
to residents.
The parking lot will be open to residents 7 days/week in July & August from 8AM until
8PM. The Recreation Department has hired several additional seasonal employees who
will check resident beach stickers at the main gate. Gatekeepers will only admit up to
the 50 vehicles that will fit in the new parking lot at a time. Town Administration plans
to present a recommended policy on this new beach with more operational details for
your consideration at your June 13 meeting. The Natural Resources Department may
also construct a new kayak rack adjacent to the beach path. We should have
information on that by mid-June as well.
As previously approved, the Town is using up to $150k in available ARPA funds to pay
for the one-time expenses and operating costs associated with opening this beach area
to residents for this summer. The Bay Property Planning Committee will determine
long-term public access and parking solutions at this site through the comprehensive
planning process. In the meantime, we believe this interim arrangement will meet our
goal of providing access to one of the most critical amenities of this property for the
next several years.
Office of:
Select Board
Town Administrator
In addition to beach access, the Town also plans on hosting several events on the Bay
property this summer:
Friday July 22 at 8:00 PM, the Recreation Department and Council on
Aging will host a Silver Screen Movie Night.
Friday August 5 at 8:00 PM, the Recreation Department and Brewster
Ladies Library will host a Family Movie Night.
Thursday August 18 at 6:00 PM, the Brewster Band will perform a concert.
Friday August 26 at 5:00 PM, the Town will host a Touch-a-Truck event.
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(TIDAL)PROPERTY LINEOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWZONE VE (EL 15)ZONE X100' BUFFER FROM
EDGE OF WETLAND
50' BUFFER FROM
EDGE OF WETLAND
CATCH BASIN
RIM EL.=18.1
COASTAL DUNE
BIT. CONC.
TENNIS COURTS
BIT. CONC.
TENNIS COURTS
BIT. CONC.
BASKETBALL
COURT
MON. WELL
BENCHMARK:
HYDRANT - BOLT
NEXT TO "O" IN OPEN
ELEV.=27.99 NAVD88
50' BUFFER FROM
EDGE OF DUNE
100' BUFFER FROM
EDGE OF DUNE
CHAIN LINK
F
E
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CHAIN LIN
K
F
E
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E EDGE OF PAVEMENTEDGE OF DIRTBUILDING
CABIN
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SHED COVEREDCONC. SLABBOARD R
E
T
A
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A
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DRIVE
EDGE OF C
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W
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TIMBER WALLEDGE OF PAVEMENTCONC. WALLBEACH ACCESS PATHEDGE OF PAVEMENTCABIN
BUILDING
BUILDING
BUILDING
TIMBER
EDG
ING DECKDECKDIRT
DRIVE
EDGE OF
D
IRT
WATER MAIN
EDGE OF D
U
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BUILDING
1
2
5
3
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H.C.20'6'20'20'20'H.C.
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9'
SAND PA
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STOP19
12
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3
PROPOSED 10' FT WIDE BY 20 FT. LONG
PARKING SPACES (TYP.)
PROPOSED "STOP
LEFT TURN ONLY"
SIGN
EXISTING
BUILDINGS TO
REMAIN 5'TO BE REMOVED
(1,097± S.F.)PROPOSEDKAYAK RACKSXXX
PROPOSED PORTABLE
TOILETS & FENCED TRASH
RECEPTACLES ON EXISTING
PAVEMENT
TO BE REM
O
V
E
D
(1,268± S.
F
.
)PROPOSEDBIKE RACKPROPOSED
BITUMINOUS
CONCRETE
BERMS
22
21
21
22
21
26
25
24
23
PROPOSED CATCH
BASIN RIM EL. = 21.8±
INV. OUT = 19.80
PROPOSED CATCH BASIN
RIM EL.=21.1±
INV. OUT = 19.10
OUTLINE OF PROPOSED STORMWATER
RECHARGE BASIN
(8.25'W X 21.99'L X 2.7'DCULTEC R-180)
BOT. OF STONE = 17.98
PROPOSED BITUMINOUS
CONCRETE BERM 22'OUTLINE OF PROPOSED
BIO-FILTRATION BASIN
BOT. EL. = 17.20
PROPOSED PAVEMENT TO
BE REMOVED (203± S.F.)
PROPOSED BITUMINOUS
ENTRY DRIVE (3,553± S.F.)
PROPOSED PAVEMENT TO
BE ADDED (32± S.F.)
2
4
'
20
2
0 191
9
+17.90
+18.04
+18.21
+18.30
+17.90
1818
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19.10+
19.50+
18.97+
2
0
2
1
1
9
DDDD1
8
1
7
1
6
1
5
PROPOSED NYLOPLAST
DRAIN BASIN
RIM EL. = 15.56
INV OUT EL. =13.80
PROPOSED NYLOPLAST
DRAIN BASIN
RIM EL. = 17.70
INV OUT EL. =16.20
PROPOSED SEDIMENT FOREBAY W/
CONCRETE WEIR
FLOOR EL. = 17.20
WEIR EL. = 17.70
PROPOSED 8" SDR 35 PIPE
( L = 59', S = 0.5% )
18
OUTLINE OF PROPOSED
STORMWATER RECHARGE BASIN
(5.0'W X 15.66'L X 2.7'D CULTEC R-180)
BOT. OF STONE = 17.38
PROPOSED CRUSHED
CONCRETE INLET (TYP.)
OUTLINE OF PROPOSED STORMWATER
RECHARGE BASIN
(25'W X 41'L X 2.7'D CULTEC R-180)
BOT.OF BASIN EL. = 14.90
BOT. OF STONE. = 11.30 17PROPOSED LIMIT OF
WORK/SILT BARRIER
PROPOSED SEDIMENT FOREBAY
WITH CONCRETE WEIR
BOT EL. = 17.00
WEIR EL = 17.70
PROPOSED PAVEMENT TO
BE REMOVED (725± S.F.)
TO BE REMOVED
(228± S.F.)
PROPOSED FLARED END
SECTION W/ RIPRAP
INV. OUT = 15.91 21'PROPOSED PAVEMENT TO
BE REMOVED (65± S.F.)TRUCK ONLYPROPOSED 8" SDR 35 PIPE
( L = 32', S = 1.0% )
PROPOSED 8" SDR 35 PIPE
( L = 22', S = 1.0% )Coastal Engineering Co., Inc. c 2022PROJECT NO.
OF SHEETS
DRAWN BY
DRAWING FILE
CHECKED BY
DATEPROJECTSCALE SHEET TITLESEAL DATENO.REVISIONBYKEY MAP
NO SCALE
PLAN
VERTICAL DATUM IN U.S. SURVEY FEET
REFERENCED TO THE NORTH AMERICAN
VERTICAL DATUM OF 1988 (NAVD88) BASED
UPON THE HEXAGON SMARTNET RTK
NETWORK.
DATUM:F:\SDSKPROJ\C16000\C16845\C16845-08\C16845-08-CIV.dwg 4/8/2022 12:51 PM1 inch = 20 ft.
20 10 0 20 60 TOWN OF BREWSTERROUTE 6ABREWSTER, MAC16845.08PLAN SHOWINGPROPOSED SITE MODIFICATIONSC2.1.1
1 1
AS NOTED
03-24-2022
C16845-08-C.dwg
MJB/DAV
DJM---------ADJUSTED PROPOSED PARKING; ADD DRAINAGE STRUCTURES---104-08-22ADJUSTE EDGE OF DUNE BOUNDRY AND BUFFER ZONES TO NORTH OF OLD BOAT HOUSEDAVBOUND
ELECTRIC MANHOLE
LEGEND
ELECTRIC METEREM
V SEPTIC VENT
C CLEANOUT
PULL BOXPB
CONTOUR20
SPOT ELEV.x23.5
E
EXISTING
SEDIMENT CONTROL BARRIER
CONTOUR
PARKING SPACE COUNT
PROPOSED
17
28
50' BUFFER
100' BUFFER
ISSUED FOR REGULATORY REVIEW 04-08-2022
NOT FOR CONSTRUCTION
SEDIMENTATION BARRIER DETAIL
NOT TO SCALE
EROSION & SEDIMENTATION CONTROL NOTES:
1.THE SEDIMENT CONTROL BARRIER SHALL BE INSTALLED PRIOR TO
THE START OF CONSTRUCTION AND MAINTAINED UNTIL
STABILIZATION AND REVEGETATION OF DISTURBED AREAS.
2.DURING CONSTRUCTION, THE CONTRACTOR SHALL BE
RESPONSIBLE FOR EROSION CONTROL AND SHALL PROTECT THE
CONSTRUCTION SITE FRO EROSION UNTIL COMPLETION OF
SITEWORK AND ESTABLISHMENT OF VEGETATIVE GROUND
COVER.
3.AFTER GRADING, EXPOSED SLOPES SHALL BE COVERED WITH
NORTH AMERICAN GREEN SC150 EROSION CONTROL BLANKET, OR
APPROVED EQUAL. THE EROSION CONTROL BLANKET SHALL BE
INSTALLED IN CONFORMANCE WITH MANUFACTURER'S
SPECIFICATIONS.
4.THE CONTRACTOR SHALL PRACTICE GOOD HOUSEKEEPING
MEASURES DURING THE DAY TO DAY OPERATION AT THE SITE.
THE SITE SHOULD BE POLICED DAILY TO REMOVE ANY LITTER OR
DEBRIS.
5.MATERIAL STOCKPILES THAT ARE IN PLACE FOR AN EXTENDED
PERIOD OF TIME SHALL BE STABILIZED WITH VEGETATION,
MULCHING, EROSION CONTROL BLANKETS, AND OTHER
MEASURES THAT RE NECESSARY TO PREVENT THE DISCHARGE
OF SEDIMENT FROM PROJECT SITE.
BURRY BOTTOM OF
FILTER FABRIC IN
6" x 6" TRENCH
FILTER FABRIC
STAPLE TO POST
1" x 2" x 4' WOODEN STAKE
6' ON CENTER (MAX)
PROTECTED
AREA
SLOPE 2'±4'±BREWSTER, MA
MAIN ST
.
RT. 6A
CAPE
C
O
D
R
AI
L
TRAILELLIS LANDING RD.NELSON ST.SEAWAY RD.MILLSTONE RD.OBER RD
.RED FAWN RD.OCEANEDGEDR.LANDING RD.LINNELLWEATHERVANES WY
.
N. PO
N
DDR.CAPE
C
O
D
B
A
Y
REFERENCE:
ASSESSORS MAP 8, PARCEL 8
LAND COURT PLAN 11515A
LAND COURT PLAN 26124A
PLAN BOOK 119, PAGE 57
PLAN BOOK 216, PAGE 71
PLAN BOOK 481, PAGE 81
FLOOD ZONE:
THE SUBJECT PREMISES AS SHOWN LIES WITHIN
FLOOD ZONE VE(EL. 15), AND ZONE X, AS
INDICATED ON FLOOD INSURANCE RATE MAP
NUMBER 25001C0418J FOR BARNSTABLE COUNTY
MASSACHUSETTS WITH AN EFFECTIVE DATE OF
JULY 16, 2014.
3586± S.F. TOTAL IMPERVIOUS COVERAGE REMOVED
3585± S.F. TOTAL IMPERVIOUS COVERAGE ADDED
CHANGE IN IMPERVIOUS COVERAGE
(0-100' FROM EDGE OF DUNE)
ACCESSIBLE STALLH.C.
CONTRACTOR TO REVEGETATE AREAS WHERE
IMPERVIOUS COVERAGE HAS BEEN REMOVED WITH
A MIX OF BEACH PLUMB, VIRGINIA ROSE, AND
BEACH GRASS.
REVEGETATION NOTE:
wpaform5.doc • rev 5/18/2020 Page 1 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
A. General Information
Please note:
this form has
been modified
with added
space to
accommodate
the Registry
of Deeds
Requirements
Important:
When filling
out forms on
the
computer,
use only the
tab key to
move your
cursor - do
not use the
return key.
1. From: Brewster
Conservation Commission
2. This issuance is for
(check one): a. Order of Conditions b. Amended Order of Conditions
3. To: Applicant:
a. First Name
b. Last Name
The Town of Brewster
c. Organization
2198 Main Street
d. Mailing Address
Brewster
e. City/Town
MA
f. State
02631
g. Zip Code
4. Property Owner (if different from applicant):
a. First Name
b. Last Name
c. Organization
d. Mailing Address
e. City/Town
f. State
g. Zip Code
5. Project Location:
3057 Main Street
a. Street Address
Brewster
b. City/Town
101
c. Assessors Map/Plat Number
45 (8/8)
d. Parcel/Lot Number
Latitude and Longitude, if known:
41d 46m 42.57s
d. Latitude
70d 2m 41.23s
e. Longitude
wpaform5.doc • rev 5/18/2020 Page 2 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for (attach additional information if more than
one parcel):
Barnstable
a. County
Ctf: 228379, Doc # 1,445,889
b. Certificate Number (if registered land)
c. Book
d. Page
7. Dates: 3/24/2022
a. Date Notice of Intent Filed
4/26/2022
b. Date Public Hearing Closed
4/27/2022
c. Date of Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
Plan Showing Proposed Site Modifications
a. Plan Title
Coastal Engineering Company, Inc.
b. Prepared By
David J. Michniewicz, PE
c. Signed and Stamped by
04/08/2022
d. Final Revision Date
1'' = 20''
e. Scale
Plan Showing Predevelopment Drainage Study Points
f. Additional Plan or Document Title
4/8/2022
g. Date
B. Findings
1. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act (the Act). Check all that apply:
a. Public Water Supply b. Land Containing Shellfish c. Prevention of
Pollution
d. Private Water Supply e. Fisheries f. Protection of
Wildlife Habitat
g. Groundwater Supply h. Storm Damage Prevention i. Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpaform5.doc • rev 5/18/2020 Page 3 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
B. Findings (cont.)
Denied because:
b. the proposed work cannot be conditioned to meet the performance standards set forth
in the wetland regulations. Therefore, work on this project may not go forward unless and
until a new Notice of Intent is submitted which provides measures which are adequate to
protect the interests of the Act, and a final Order of Conditions is issued. A description of
the performance standards which the proposed work cannot meet is attached to this
Order.
c. the information submitted by the applicant is not sufficient to describe the site, the work,
or the effect of the work on the interests identified in the Wetlands Protection Act.
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides sufficient information and includes measures which are
adequate to protect the Act’s interests, and a final Order of Conditions is issued. A
description of the specific information which is lacking and why it is necessary is
attached to this Order as per 310 CMR 10.05(6)(c).
3. Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a)
1
a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed
Alteration
Permitted
Alteration
Proposed
Replacement
Permitted
Replacement
4. Bank
a. linear feet
b. linear feet
c. linear feet
d. linear feet
5. Bordering
Vegetated Wetland
a. square feet
b. square feet
c. square feet
d. square feet
6. Land Under
Waterbodies and
Waterways
a. square feet
b. square feet
c. square feet
d. square feet
e. c/y dredged
f. c/y dredged
7. Bordering Land
Subject to Flooding
a. square feet
b. square feet
c. square feet
d. square feet
Cubic Feet Flood Storage
e. cubic feet
f. cubic feet
g. cubic feet
h. cubic feet
8. Isolated Land
Subject to Flooding
a. square feet
b. square feet
Cubic Feet Flood Storage
c. cubic feet
d. cubic feet
e. cubic feet
f. cubic feet
9. Riverfront Area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet
f. square feet
Sq ft between 100-
200 ft
g. square feet
h. square feet
i. square feet
j. square feet
wpaform5.doc • rev 5/18/2020 Page 4 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed
Alteration
Permitted
Alteration
Proposed
Replacement
Permitted
Replacement
10. Designated Port
Areas Indicate size under Land Under the Ocean, below
11. Land Under the
Ocean
a. square feet
b. square feet
c. c/y dredged
d. c/y dredged
12. Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. Coastal Beaches
a. square feet
b. square feet
cu yd
c. nourishment
cu yd
d. nourishment
14. Coastal Dunes
a. square feet
b. square feet
cu yd
c. nourishment
cu yd
d. nourishment
15. Coastal Banks
a. linear feet
b. linear feet
16. Rocky Intertidal
Shores
a. square feet
b. square feet
17. Salt Marshes
a. square feet
b. square feet
c. square feet
d. square feet
18. Land Under Salt
Ponds
a. square feet
b. square feet
c. c/y dredged
d. c/y dredged
19. Land Containing
Shellfish
a. square feet
b. square feet
c. square feet
d. square feet
20. Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a. c/y dredged
b. c/y dredged
21. Land Subject to
Coastal Storm
Flowage
a. square feet
b. square feet
22. Riverfront Area
a. total sq. feet
b. total sq. feet
Sq ft within 100 ft
c. square feet
d. square feet
e. square feet
f. square feet
Sq ft between 100-
200 ft
g. square feet
h. square feet
i. square feet
j. square feet
wpaform5.doc • rev 5/18/2020 Page 5 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
B. Findings (cont.)
* #23. If the
project is for
the purpose of
restoring or
enhancing a
wetland
resource area
in addition to
the square
footage that
has been
entered in
Section B.5.c
(BVW) or
B.17.c (Salt
Marsh) above,
please enter
the additional
amount here.
23. Restoration/Enhancement *:
a. square feet of BVW
b. square feet of salt marsh
24. Stream Crossing(s):
a. number of new stream crossings
b. number of replacement stream crossings
C. General Conditions Under Massachusetts Wetlands Protection Act
The following conditions are only applicable to Approved projects.
1. Failure to comply with all conditions stated herein, and with all related statutes and other
regulatory measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not
authorize any injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying
with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this
Order unless either of the following apply:
a. The work is a maintenance dredging project as provided for in the Act; or
b. The time for completion has been extended to a specified date more than three years,
but less than five years, from the date of issuance. If this Order is intended to be valid
for more than three years, the extension date and the special circumstances warranting
the extended time period are set forth as a special condition in this Order.
c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than
one year.
5. This Order may be extended by the issuing authority for one or more periods of up to three
years each upon application to the issuing authority at least 30 days prior to the expiration
date of the Order. An Order of Conditions for a Test Project may be extended for one
additional year only upon written application by the applicant, subject to the provisions of 310
CMR 10.05(11)(f).
6. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on unless extended in writing by the Department.
7. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash,
refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath,
paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the
foregoing.
wpaform5.doc • rev 5/18/2020 Page 6 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act
8. This Order is not final until all administrative appeal periods from this Order have elapsed,
or if such an appeal has been taken, until all proceedings before the Department have been
completed.
9. No work shall be undertaken until the Order has become final and then has been recorded
in the Registry of Deeds or the Land Court for the district in which the land is located, within
the chain of title of the affected property. In the case of recorded land, the Final Order shall
also be noted in the Registry’s Grantor Index under the name of the owner of the land upon
which the proposed work is to be done. In the case of the registered land, the Final Order
shall also be noted on the Land Court Certificate of Title of the owner of the land upon
which the proposed work is done. The recording information shall be submitted to the
Conservation Commission on the form at the end of this Order, which form must be
stamped by the Registry of Deeds, prior to the commencement of work.
10. A sign shall be displayed at the site not less then two square feet or more than three
square feet in size bearing the words,
“Massachusetts Department of Environmental Protection” [or, “MassDEP”]
“File Number SE 9-1924
”
11. Where the Department of Environmental Protection is requested to issue a Superseding
Order, the Conservation Commission shall be a party to all agency proceedings and
hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A) to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to
inquire of the Conservation Commission in writing whether the change is significant enough
to require the filing of a new Notice of Intent.
15. The Agent or members of the Conservation Commission and the Department of
Environmental Protection shall have the right to enter and inspect the area subject to this
Order at reasonable hours to evaluate compliance with the conditions stated in this Order,
and may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation.
16. This Order of Conditions shall apply to any successor in interest or successor in control of
the property subject to this Order and to any contractor or other person performing work
conditioned by this Order.
wpaform5.doc • rev 5/18/2020 Page 7 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated
Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be
marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall
be maintained until a Certificate of Compliance has been issued by the Conservation
Commission.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have
been fully stabilized with vegetation or other means. At no time shall sediments be
deposited in a wetland or water body. During construction, the applicant or his/her designee
shall inspect the erosion controls on a daily basis and shall remove accumulated sediments
as needed. The applicant shall immediately control any erosion problems that occur at the
site and shall also immediately notify the Conservation Commission, which reserves the
right to require additional erosion and/or damage prevention controls it may deem
necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
19. The work associated with this Order (the “Project”)
(1) is subject to the Massachusetts Stormwater Standards
(2) is NOT subject to the Massachusetts Stormwater Standards
If the work is subject to the Stormwater Standards, then the project is subject to the
following conditions:
a) All work, including site preparation, land disturbance, construction and redevelopment,
shall be implemented in accordance with the construction period pollution prevention and
erosion and sedimentation control plan and, if applicable, the Stormwater Pollution
Prevention Plan required by the National Pollution Discharge Elimination System
Construction General Permit as required by Stormwater Condition 8. Construction period
erosion, sedimentation and pollution control measures and best management practices
(BMPs) shall remain in place until the site is fully stabilized.
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs
unless and until a Registered Professional Engineer provides a Certification that:
i. all construction period BMPs have been removed or will be removed by a date certain
specified in the Certification. For any construction period BMPs intended to be converted
to post construction operation for stormwater attenuation, recharge, and/or treatment, the
conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that
the BMP has been properly cleaned or prepared for post construction operation, including
removal of all construction period sediment trapped in inlet and outlet control structures;
ii. as-built final construction BMP plans are included, signed and stamped by a Registered
Professional Engineer, certifying the site is fully stabilized;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
wpaform5.doc • rev 5/18/2020 Page 8 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
iv. all post-construction stormwater BMPs are installed in accordance with the plans
(including all planting plans) approved by the issuing authority, and have been inspected to
ensure that they are not damaged and that they are in proper working condition;
v. any vegetation associated with post-construction BMPs is suitably established to
withstand erosion.
c) The landowner is responsible for BMP maintenance until the issuing authority is notified
that another party has legally assumed responsibility for BMP maintenance. Prior to
requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible
party (defined in General Condition 18(e)) shall execute and submit to the issuing authority
an Operation and Maintenance Compliance Statement (“O&M Statement) for the
Stormwater BMPs identifying the party responsible for implementing the stormwater BMP
Operation and Maintenance Plan (“O&M Plan”) and certifying the following:
i.) the O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance, and
ii.) the future responsible parties shall be notified in writing of their ongoing legal
responsibility to operate and maintain the stormwater management BMPs and
implement the Stormwater Pollution Prevention Plan.
d) Post-construction pollution prevention and source control shall be implemented in
accordance with the long-term pollution prevention plan section of the approved
Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by
the National Pollution Discharge Elimination System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the landowner, or owner of any
drainage easement, assumes responsibility for maintaining each BMP. To overcome this
presumption, the landowner of the property must submit to the issuing authority a legally
binding agreement of record, acceptable to the issuing authority, evidencing that another
entity has accepted responsibility for maintaining the BMP, and that the proposed
responsible party shall be treated as a permittee for purposes of implementing the
requirements of Conditions 18(f) through 18(k) with respect to that BMP. Any failure of the
proposed responsible party to implement the requirements of Conditions 18(f) through
18(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate
of Compliance. In the case of stormwater BMPs that are serving more than one lot, the
legally binding agreement shall also identify the lots that will be serviced by the stormwater
BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding
agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance
with the design plans, the O&M Plan, and the requirements of the Massachusetts
Stormwater Handbook.
wpaform5.doc • rev 5/18/2020 Page 9 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three (3) consecutive
calendar years of inspections, repairs, maintenance and/or replacement of the
stormwater management system or any part thereof, and disposal (for disposal the
log shall indicate the type of material and the disposal location);
2. Make the maintenance log available to MassDEP and the Conservation
Commission (“Commission”) upon request; and
3. Allow members and agents of the MassDEP and the Commission to enter and
inspect the site to evaluate and ensure that the responsible party is in compliance
with the requirements for each BMP established in the O&M Plan approved by the
issuing authority.
h) All sediment or other contaminants removed from stormwater BMPs shall be disposed
of in accordance with all applicable federal, state, and local laws and regulations.
i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04
are prohibited.
j) The stormwater management system approved in the Order of Conditions shall not be
changed without the prior written approval of the issuing authority.
k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site
Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1,
Low Impact Development Site Design Credits) shall not be altered without the prior written
approval of the issuing authority.
l) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld.
Any fencing constructed around stormwater BMPs shall include access gates and shall be
at least six inches above grade to allow for wildlife passage.
Special Conditions (if you need more space for additional conditions, please attach a text
document):
See Addendum
20. For Test Projects subject to 310 CMR 10.05(11), the applicant shall also implement the
monitoring plan and the restoration plan submitted with the Notice of Intent. If the
conservation commission or Department determines that the Test Project threatens the
public health, safety or the environment, the applicant shall implement the removal plan
submitted with the Notice of Intent or modify the project as directed by the conservation
commission or the Department.
wpaform5.doc • rev 5/18/2020 Page 10 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? Yes No
2. The Brewster
Conservation Commission
hereby finds (check one that applies):
a. that the proposed work cannot be conditioned to meet the standards set forth in a
municipal ordinance or bylaw, specifically:
Code of the Town of Brewster
1. Municipal Ordinance or Bylaw
172
2. Citation
Therefore, work on this project may not go forward unless and until a revised Notice of
Intent is submitted which provides measures which are adequate to meet these
standards, and a final Order of Conditions is issued.
b. that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
Code of the Town of Brewster
1. Municipal Ordinance or Bylaw
172
2. Citation
3. The Commission orders that all work shall be performed in accordance with the following
conditions and with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, the conditions shall control.
The special conditions relating to municipal ordinance or bylaw are as follows (if you need
more space for additional conditions, attach a text document):
See Addendum
wpaform5.doc • rev 5/18/2020 Page 12 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
F. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the
land subject to this Order, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the appropriate MassDEP Regional Office to issue a
Superseding Order of Conditions. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and a completed Request for Departmental
Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from
the date of issuance of this Order. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is
not the appellant.
Any appellants seeking to appeal the Department’s Superseding Order associated with this
appeal will be required to demonstrate prior participation in the review of this project. Previous
participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding
Order, or providing written information to the Department prior to issuance of a Superseding
Order.
The request shall state clearly and concisely the objections to the Order which is being
appealed and how the Order does not contribute to the protection of the interests identified in
the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40), and is inconsistent with the
wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal
ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the
Department has no appellate jurisdiction.
wpaform5.doc • rev 5/18/2020 Page 13 of 13
4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Provided by MassDEP:
SE 9-1924
MassDEP File #
eDEP Transaction #
Brewster
City/Town
G. Recording Information
Prior to commencement of work, this Order of Conditions must be recorded in the Registry of
Deeds or the Land Court for the district in which the land is located, within the chain of title of
the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry’s Grantor Index under the name of the owner of the land subject to the Order. In the
case of registered land, this Order shall also be noted on the Land Court Certificate of Title of
the owner of the land subject to the Order of Conditions. The recording information on this page
shall be submitted to the Conservation Commission listed below.
Brewster
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
To:
Brewster
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
3057 Main Street, 101/45 (8/8)
Project Location
SE 9-1924
MassDEP File Number
Has been recorded at the Registry of Deeds of:
Barnstable
County
Book
Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book
Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
1
Addendum to WPA Form 5 – Order of Conditions
Town of Brewster, 3057 Main Street; Order of Conditions SE 9-1924, Assessors’ Map 101,
Parcel 45 (formerly Map 8, Parcel 8)
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 – Order of Conditions
Massachusetts Wetlands Protection Act (M.G.L. C.131 S. 40)
And
Code of the Town of Brewster Chapter 172
Brewster Wetlands Protection By-law (BWP By-law)
Project Description: The Notice of Intent proposes milling, repairing, and installing overlay
pavement for an existing area of asphalt pavement, adjusting and paving an existing gravel
access roadway, constructing an access driveway from an existing roadway, installing two
stormwater management systems, and managing an access path to the beach. The project
includes areas on and within 50 and 100 feet of coastal wetlands.
Resource Area Identification
The Conservation Commission does not confirm the resource area boundaries as shown on the
plan. Due to changing site conditions the resource area boundaries are not confirmed, however,
the resources are confirmed as Coastal Beach, Coastal Dune, and Land Subject to Coastal
Storm Flowage.
The affected resource areas under the Massachusetts Wetlands Protection Act (M.G.L. Ch.131 §.
40) are Coastal Beach (310 CMR 10.27), Coastal Dune (310 CMR 10.28), and Land Subject to
Coastal Storm Flowage.
The affected resource area under the Brewster Wetlands Protection By-law (Chapter 172) are
Coastal Beach (Brewster Wetland Regulations 2.02), Coastal Dune (Brewster Wetland
Regulations 2.03), and Land Subject to Coastal Storm Flowage.
Interests Protected Under the Brewster Wetlands Protection By-law
Wildlife
Storm Damage Prevention and Flood Control
Marine Fisheries
Land Containing Shellfish
Historic Values
Aesthetics
Performance Standards Implicated by Proposed Project under Mass. Wetlands
Protection Act and Wetland Regulations:
Coastal Beach, 310 CMR 10.27 (3)
Coastal Dune, 310 CMR 10.28 (3) (5)
Local Performance Standards Implicated by Proposed Project under Brewster
Wetlands Protection By-law and Wetlands Regulations:
Coastal Beach, 2.02 (3)
Coastal Dune, 2.03 (3) (4) (5)
Findings under Massachusetts Wetlands Protection Act and Wetland Regulations:
The Brewster Conservation Commission finds that the project can be conditioned to meet the
performance standards set forth in the wetland regulations. See Special Conditions below.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
2
Coastal Beach, 310 CMR 10.27(3): Portions of the proposed project occur on and within 50 and
100 feet of a Coastal Beach. The Brewster Conservation Commission finds that the coastal
beach is significant to storm damage prevention, flood control, and protection of wildlife habitat.
The Commission finds that the project can be conditioned so it will not have an adverse effect by
increasing erosion, decreasing the volume or changing the form of the coastal beach or an
adjacent or downdrift coastal beach.
Coastal Dune, 310 CMR 10.28 (3) (5): Portions of the proposed project occur on and within 50
and 100 feet of a Coastal Dune. The Brewster Conservation Commission finds that the coastal
dune is significant to storm damage prevention, flood control, and the protection of wildlife habitat.
The Brewster Conservation Commission finds the proposed project will not have an adverse
effect on a coastal dune by affecting the ability of waves to remove sand from the dune; by
disturbing the vegetative cover so as to destabilize the dune; by causing any modification of the
dune form what would increase the potential for storm damage or flood damage; by interfering
with the landward or lateral movement of the dune; or by causing removal of sand from the dune
artificially.
Findings under Brewster Wetlands Protection Bylaw and Wetlands Regulations:
The Brewster Conservation Commission finds that the project can be conditioned to comply with
the Brewster Wetlands Protection Bylaw and Regulations. See Special Conditions below.
Portions of the proposed work are on and within 50 feet of a Coastal Beach and Coastal Dune.
Sections 2.02(3) and 2.03(3) of the Brewster Wetlands Protection Regulations all require a
variance from the regulations granted pursuant to Section 5.01 of the regulations.
A variance may be granted only for the following reasons and upon the following conditions:
a) 1) mitigating measures are proposed that will allow the project to be conditioned
so that it contributes to the protection of the resource values identified in the
Wetlands Bylaw; and
2) the Conservation Commission finds no reasonable alternative for such a
project within the proposed site; and
3) there will be no adverse impact from the proposed project; or
b) that the project is necessary to accommodate an overriding public interest or that
it is necessary to avoid a decision that so restricts the use of property that it
constitutes an unconstitutional taking without compensation.
The Brewster Conservation Commission finds that mitigating measures have been proposed that
will allow the project to be conditioned so that it contributes to the protection of the resource
values identified in the Wetlands By-law. The mitigating measures include erosion control
measures, improved stormwater management, and native plantings.
Alternatives were addressed by Coastal Engineering Company, Inc. The Conservation
Commission finds that the proposed project is a reasonable alternative.
The Brewster Conservation Commission finds that the project can be conditioned so
there are no adverse impacts from the proposed project to the interests protected by the
Brewster Wetlands Protection By-law.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
3
The Brewster Conservation Commission finds that the project is necessary to accommodate an
overriding public interest or that it is necessary to avoid a decision that so restricts the use of
property that it constitutes an unconstitutional taking without compensation.
For the above stated reasons, the Conservation Commission grants a variance to Sections
2.02(3) and 2.03(3) of the Brewster Wetlands Protection Bylaw Regulations.
Coastal Beach, 2.02 (3): Portions of the proposed project occur on and within 50 and 100 feet of
a Coastal Beach. The Brewster Conservation Commission finds that the coastal beach is
significant to wildlife, storm damage prevention and flood control. The Brewster Conservation
Commission finds that the proposed project can be allowed under a variance from the regulations
pursuant to section 5.01. See variance findings above.
Coastal Dunes, 2.03(3)(4)(5): Portions of the proposed project occur on and within 50 and 100
feet of a Coastal Dune. The Brewster Conservation Commission finds that the proposed project
can be allowed under a variance from the regulations pursuant to section 5.01. See variance
findings above. The Brewster Conservation Commission finds that the coastal dune is significant
to storm damage prevention and flood control. The Brewster Conservation Commission finds that
the propose project will not have an adverse effect on a coastal dune by affecting the ability of
waves to remove sand from the dune; by disturbing the vegetative cover so as to destabilize the
dune; by causing any modification of the dune form that would increase the potential for storm or
flood damage; by interfering with the landward or lateral movement of the dune; or by causing
removal of sand from the dune artificially. See Special Conditions below.
Special Conditions under the Mass. Wetlands Protection Act and Wetlands
Regulations and under the Brewster Wetlands Protection Bylaw and Wetlands
Regulations:
The Brewster Conservation Commission hereby finds that the following additional conditions are
necessary to comply with performance standards set forth in the Massachusetts Wetlands
Protection Act and Wetland Regulations and the Brewster Wetlands Protection By-law.
The Conservation Commission orders that all work shall be performed in accordance with said
additional conditions and with the Notice of Intent referenced above. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted
with the Notice of Intent, the conditions shall control.
A1. All local, state and federal approvals shall be obtained for this project before work can
commence. Copies of all approvals shall be forwarded to the Brewster Conservation
Commission.
A2. This permit is granted under Section 172-7 of the Brewster Wetlands Protection By-law,
subject to the conditions imposed, for a period of three years from the issuance date of the
original Order of Conditions. The Conservation Commission may issue extensions, each for a
period of time up to three years, based on review of the site and other criteria. Requests for each
extension shall be submitted in writing, no less than 30 days prior to the expiration date.
This Order of Conditions shall expire on April 27, 2025.
A3. The Agent or other employee, members of the Conservation Commission and officials of the
Department of Environmental Protection shall have the right to enter and inspect the area subject
to this Order, at reasonable hours, to evaluate compliance with the conditions stated in this Order.
Said persons may require the submittal of any data deemed necessary by the Conservation
Commission or Department for that evaluation. This right of entry shall remain until such time as
a Certificate of Compliance has been issued, recorded in the Registry of Deeds or Land Court,
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
4
Barnstable County, and returned to the Conservation Department.
A4. This order shall apply to any successors and assigns in interest or control and any other
person engaging in activity on the property identified in the Notice of Intent.
A5. Violation of any of these Conditions shall subject the violator and the landowner to a fine (of
not more than $300.00 per day) pursuant to Section 172-11 of the Town of Brewster Wetlands
Protection By-law, until all violations have been corrected to the satisfaction of the Brewster
Conservation Commission.
A6. All work shall be in accordance with the approved plans of record titled Plan Showing
Proposed Site Modifications as completed by Coastal Engineering Company, Inc., and dated
4.8.22. In addition, all work shall be in accordance with the Stormwater Management Report, as
completed by the same and dated the same. If any changes are made in the above-described
plan which may or will alter an area subject to protection under the Wetlands Protection Act and
the Town of Brewster Wetlands Protection By-law, or any changes in activity subject to
regulations under G.L. c. 131 §40, or the Town of Brewster local regulations occurs, the applicant
shall inquire from this Commission in writing, prior to implementation in the field, whether the
change(s) is significant enough to require an Amended Order of Conditions or the filing of a new
Notice of Intent. Any errors in the plans or information submitted by the applicant shall be
considered changes and the above procedures shall be followed.
A7. A copy of this Order of Conditions/Permit shall be kept on site at all times during project
activities. This is the owner’s responsibility. The owner shall see that all contractors and
subcontractors retained during construction receive a copy of this Order. Workers shall be
prepared to produce the Order and all plans and supporting documents referenced in the Order,
upon request of the Conservation Agent or any member of the Conservation Commission.
A8. Prior to project activities, an erosion control barrier (silt fence and staked hay bales/hay
socks) shall be properly installed as close to the area of work as possible. This barrier shall
constitute the limit of work. No work shall take place on the wetland side of the barrier. The
siltation barrier shall be removed only after any threat of erosion no longer exists, and all
disturbed areas are stabilized by vegetation or other means. Any siltation buildup on the upland
side shall be removed. Any commencement of work activities prior to the proper installation of
erosion controls and an inspection and approval by the Conservation Commission may result in a
cease and desist action, and possible fines of up to $300.00 per day for each day of violation.
A9. A supply of extra siltation barriers shall be stored on site for emergency use.
A10. Erosion control measures shall be inspected after storms and corrected for any deficiencies.
The erosion control measures shall be maintained in effective condition to contain all activities
within the Limit of Work and to prevent sedimentation, erosion and other impacts outside the Limit
of Work.
A11. After the siltation barrier has been set and a minimum of five (5) days before
commencement of work, the owner shall notify the Conservation Department using the Owner
affirmation of responsibility for work/request for site inspection… form, which shall be
signed by the owner of the property as well as the contractor in charge of the work. The
Commission's Agent will schedule an on-site meeting of the contractor(s) responsible, and the
Conservation Agent, for an inspection of the erosion control barriers, and to ensure that the
requirements of this Order are understood. No work shall begin until after the on-site meeting.
During this on-site consultation, the Conservation Agent or Commissioner may require minor
modifications to the approved site plan (relating to work/construction methodology) to the Order of
Conditions. If so, said conditions will be provided in writing at the time of said on-site meeting.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
5
A12. Also prior to commencement of work, a series of dated color photographs shall be taken of
the entire resource area and buffer area, and shall include any erosion and revegetation areas. A
set of photographs shall be submitted to the Conservation Department for the applicant's permit
file, with the notification form. These photos shall be labeled with the Assessor's Map and Parcel,
and street address, date and general view description.
Another series of dated color photographs shall be taken of the resource area and buffer area
when the work is completed, and fully revegetated and stable. These photographs shall be
submitted to the Conservation office at the time a Certificate of Compliance is requested, and
shall remain in the applicant's permit file. The photos shall be labeled with the Assessor's Map
and Parcel, and street address, date and general view description.
A13. Heavy equipment or machinery is permitted for use within the limit of work. Machinery shall
be operated from paved/hardscape areas during any project activities as much as possible.
Access for this equipment shall be from the existing and proposed paved areas.
A14. Any debris, fill or excavated material on site shall be stockpiled away from designated
wetlands. Unsuitable or excess excavated material shall be properly stabilized or removed from
the site.
A15. All structures, facilities and equipment, as part of this project, shall be continually operated
and maintained so as to comply with this permit. This provision applies specifically to all
equipment used on this project. Any leakage of oil, hydraulic fluid, fuel, or any other pollutant
shall be cleaned up immediately, and the defective equipment responsible for said leakage shall
be immediately repaired or taken off site.
A16. No refueling of construction equipment shall be permitted within 100 feet of any wetland
resource area.
A17. Mulch shall not be a substitute for groundcover or shrubs in jurisdictional areas.
A18. Installation of in-ground irrigation systems shall be prohibited within 100 feet of any wetland
resource areas. Temporary above ground irrigation systems may be used to establish mitigation
plantings.
A19. Any fertilizers used within 100 feet of any wetland resources shall be listed by or comprised
of organic ingredients consistent with the United States Department of Agriculture National
Organic Program (NOP). Organic fertilizers shall be used in an appropriate manner for the
conditions of the subject property, and applied in accordance to the manufacturer's specifications.
A20. Pesticides, herbicides and fungicides shall be prohibited within 100 feet of any wetlands.
A21. Existing exterior lights on structures may be utilized and maintained. These shall be
directed to limit illumination to the proposed parking area as much as possible. No new spotlights
or floodlights shall be installed within the 100 foot buffer zone of a resource area.
A22. Any disturbed slopes on site shall be revegetated with appropriately sized and spaced
approved plant species* and stabilized with 100% biodegradable erosion control netting, which
shall stay in place after final grading. Other disturbed areas shall be covered with four to six
inches of organic topsoil which is free of weed seeds and debris, and planted with appropriately
sized and spaced approved plant species*. or in accordance with the site/planting plan. All
disturbed areas shall be completely revegetated during the first year after the permitted work is
complete. *Approved plant species, size and spacing are those on the list of acceptable plantings
for coastal resource areas of the Cape Cod Cooperative Extension
(www.capecodextension.org). Turf lawn is prohibited within the 100 foot buffer zone to wetlands.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
6
Mitigation Plantings
A23. Mitigation plantings shall be installed, as noted in the plan of record, in areas of proposed
hardscape removal. Appropriate plantings include beach plum, Virginia rose, American beach
grass, big blue stem, and little bluestem. Substitutions from these approved plants shall be
subject to review and approval by the Conservation Commission.
A24. All new plantings shall be tagged in the field for monitoring purposes. The tags shall remain
on the planted species for easy inspection by the Conservation Administrator and/or
Conservation Commission, through the required monitoring period.
A25. All new plantings shall survive three full growing seasons or be replaced in kind by the
applicant and/or property owner.
Access Path Maintenance
A26. The beach access path and sand path to beach, as noted in the plan of record, may be
maintained in their documented locations. A seasonal Mobi Mat may be placed on both
pathways to enhance safe access for the public to traverse these areas. Snow fencing shall be
placed along the sand path to the beach to prevent impacts to the abutting dune.
A27. The beach access path may be maintained with equipment to relocate windblown sand and
redistribute the clean sand back on the coastal beach as shown on the approved plan of record.
Material from the access path shall remain on site but may be relocated to the coastal beach or
the seaward side of the coastal dune.
Kayak Racks
A28. Appropriate materials for the kayak racks includes rot-resistant plastic/wood composite,
untreated, rot-resistant wood such as white cedar, and “ACQ” chemically treated wood.
Chromated copper arsenate (CCA) chemically treated woods are prohibited within the jurisdiction
of the Conservation Commission.
A29. There shall be no lights installed on or near the structures. Electric service on the structures
shall not be permitted.
Monitoring/Reporting
A30. Progress reports and photographs of the plantings shall be submitted to the Conservation
Commission prior to November 1st on an annual basis. The annual reports shall include a
description of any impacts to the wetland resources resulting from the work on this project. The
reports shall include any recommended future actions.
Project Completion/Certificate of Compliance
A31. A final report, which shall include any effect on the wetland resources shall be submitted
following completion of the project and prior to a Request for Certificate of Compliance. A final
series of dated color photographs shall be taken of the resource and buffer areas when the work
is completed. These photographs shall be submitted to the Conservation office at the time a
Certificate of Compliance is requested, and shall remain in the applicant's permit file. These
photos shall be labeled with the Assessor's Map and Parcel, and street address, date and
general view description.
A32. The Conservation Commission shall require three full growing seasons for mitigation
plantings before issuing a Certificate of Compliance.
Town of Brewster, 3057 Main Street
Order of Conditions SE 9-1924 Findings/ Special Conditions
7
A33. On completion of the entire project, the applicant or representative shall submit a written
request for a Certificate of Compliance on WPA Form 8A - Request for Certificate of Compliance
MA WP ACT. The plan of record contains the stamp of a Professional Engineer (PE). It is further
required that a written statement by a PE certifying substantial compliance with the plan and an
"as-built/as-planted" plan be included. If the “as built/as-planted” plan shows any deviation from
the approved plan, the PE shall describe said deviation in the statement. Without a Certificate of
Compliance which has been recorded (at the Registry of Deeds or Land Court, whichever
applies), an encumbrance shall remain on the property, and the filing will not be closed.
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
CC: Donna Kalinick, Assistant Town Administrator
RE: Proposed Beach Names
DATE: May 20, 2022
At your March 21 meeting, the Board discussed our plan to launch a contest for
residents to submit proposed names for the new public beach located at 3057 Main
Street. The contest was held from April 1 to April 15, and we received 567 submissions
in total, including numerous repeat suggestions. As discussed, after the deadline,
Donna and I met with Select Board members Mary Chaffee and Ned Chatelain for an
initial review of the submissions to develop a short-list of names for the Select Board to
consider. Several of the proposed beach names that we supported bringing forward
sought to recognize and acknowledge Brewster’s Wampanoag heritage. Accordingly,
we contacted the Historic Preservation Office for the Mashpee Wampanoag Tribe and
others asking for feedback about those potential names to ensure they would be both
historically accurate and culturally appropriate.
Following this process, we present four (4) names for your consideration:
1.Wono: Following the Delahanty family’s purchase of the 55 acre bay property in
1938 seeking to establish a sister camp to the all boys Camp Monomoy, they
opened an all-girls camp called Camp Wono in 1939. The property was known
as Camp Wono until the two camps consolidated on this site in the mid-1970s
before the Monomoy property was eventually sold to the MA Department of
Conservation and Recreation in the 1980s. The Wono name was intended to
honor Sachems Wono and Sachemus, who sold most of what is today central
and east Brewster to Thomas Prence in 1653.
2.Sea Camps: Recognizing the almost 100-year legacy of the Cape Cod Sea
Camps on this historic property, residents also noted that, as a matter of
practice, people will likely refer to the beach as Sea Camps anyways (at least in
the near term). Over 100 residents suggested this name, significantly more than
any other submission.
Office of:
Select Board
Town Administrator
3.First Light: The original inhabitants of Brewster, the Wampanoags, were also
known as the “People of the First Light”. This name broadly encapsulates
various submissions seeking to honor Brewster’s Wampanoag heritage.
4.Wild Acres: Prior to the Delahanty family purchase of this property for use as a
camp, it was a private residential estate owned by the McQuillen family.
Consistent with early 20th century custom to name homes, the McQuillens called
this property Wild Acres. The name is also a reference to the Town’s ongoing
commitment to conservation and open space.
Brewster Select Board Meeting of May 23, 2022
For Your Information (FYI) Items
Agenda Item #18: FYIs
1.April 2022 Housing Coordinator Update
2.Local Action Unit Approval- Serenity Brewster
3.Town Committee/Board Resignations
a.Roger Smith – Cultural Council
b.Jean Kampas- Zoning Board of Appeals
c.Arthur Stewart- Zoning Board of Appeals
d.Joni Kosmach- Crosby Property Committee
4.Town Meeting Citizen Feedback
5.Blood Drive at Brewster Police Department- Thursday May 26th
6.Memorial Day Ceremony Flyer
7.Appointment to the Cultural Council – Girard Healy
8.Eversource Vegetation Management Scorecard
9.State Retirees Benefits Trust (SRBT) Fund Brewster April 22 Statement
10.Nauset Youth Alliance Health and Human Services Grant Report
11.Email from resident regarding Housing needed in Brewster posted at Eat Cake for Breakfast
Brewster Housing Coordinator Update April 2022
Jill Scalise
Ongoing Activities/ Projects
1.Community Outreach and Education (Housing Production Plan (HPP) Strategy #13)
Responded to email and phone requests for information and assistance, 58 total requests for housing
information (28) or assistance (30). Updated Housing Office webpage.
Outreach, including webpage postings and emails, for the Housing Production Plan Community Meeting.
2.Brewster Affordable Housing Trust (BAHT) (HPP Strategy #7)
Trust met, addressed numerous items throughout this update.
Worked on Housing Trust Guidelines with Trust sub-group.
3.Community Housing Parcel off Millstone (Select Board Strategic Plan Goal H-3, HPP Strategy #15)
Following the Trust’s recommendation, the Select Board accepted the proposal from Preservation of
Affordable Housing (POAH) and Housing Assistance Corporation (HAC) to build compact, energy efficient
neighborhood of 45 units of affordable rental housing on Town land off Millstone Road. The next step is for
the Select Board to negotiate a Land Development & Ground Lease Agreement with POAH & HAC.
4.Redevelop Existing Properties for Affordable Housing (HPP Strategy #6)
Serenity at Brewster (55+ rental housing, 27 affordable units): Phase 2, 91units, expected to open in
Summer 2022. Presented Regulatory Agreement, signed by Elevation Financial, to the Select Board who
agreed to execute the agreement which governs the 27 affordable units. Regulatory Agreement then sent to
Department of Housing & Community Development (DHCD). Also worked with HAC on applications and
marketing for the Serenity affordable apartments.
5. Comprehensive Permit Projects (HPP Strategy #14)
Brewster Woods (30 affordable rental units): Worked with HAC on application and marketing materials.
Habitat for Humanity Red Top Road (2 affordable home ownership): Regulatory Agreement with DHCD.
6.Preservation of Housing and Related Support of Brewster Residents
Reviewed Regional CDBG Housing Rehabilitation and Childcare Administration proposal. Bailey Boyd
Associates hired to administer program. With Fiscal Team, attended training for the $1.3 million CDBG.
7.Subsidized Housing Inventory (SHI) (HPP Strategy #10)
Agreement with the State on tax taking of 212 Yankee Drive to Select Board, article on Town Warrant.
Followed-up with DHCD legal counsel about the work to be done for affordable resale of 11 Sean Circle.
8.Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2)
Continued work with Barrett Planning on Plan update including outreach, preparation for, and participation
in forum. 881 Housing Needs surveys received. Interactive, virtual Housing Plan Community Forum held.
Housing Partnership met, assisted Barrett Planning with outreach, inputting surveys, and staffing Forum.
9.Collaboration (HPP Strategy #9)
Attended Community Development Partnership’s Lower Cape Housing Institute Land Use Workshop, and
CHAPA’s Making the Case for Housing Zoom and Fair Housing Symposium.
Presented at Lower Cape Housing Peer Group and Brewster Housing Coalition meeting.
Upcoming Activities
Brewster Woods and Serenity at Brewster: Applications for the affordable apartments at both locations
are available from HAC CCRE@haconcapecod.org, 508-771-5400, ext. 284, and due July 1st, 2022.
Personnel
Participated in Housing Trust, Housing Partnership, and Select Board meetings.
Also worked with: Accounting, Building Dept., Council on Aging, Health Dept., Select Board, Town
Administration, and Treasurer’s Office.
Archive d: Friday, May 20, 2022 8:50:52 AM
From: Colette Williams
Se nt: Thu, 19 May 2022 16:49:21 +0000Authentication
To: Erika Mawn
Subje ct: FW: Crosby Committee Resignation
Se ns itivity: Normal
FYI
Thank you,
Cole tte M. Wi lliams, MMC/CMMC
Town Cle rk
Re cords Acce ss Office r
Bre wste r, MA
Be ginni ng March 21, Bre wste r Town Office s wi ll be ope n to the public Monday through Thursday from 8:30 to 4:00pm, and by
appointme nt on Fridays. F or the late st update s on Town se rvice s, ple ase visit www.bre wste r-ma.gov
*T he Commonwealth of Massachusetts Secretary of State has determined that e-mail is a public record
From: glkpr5@aol .com <glkpr5@aol .com>
Sent: Thursday, May 19, 2022 12:46 PM
To: Colette Williams <cwilliams@brewster-ma.gov>
Cc: Pe ter Lombardi <plombardi@brewster-ma.gov>
Subject: Crosby Committee Resi gnation
Ms. W illiams,
This is to inform y ou that I no longer can participate on the Crosby Property Committee. This e-mail serves as my official resignation.
Thank you,
Joni Kosmac h
Archive d: Wednesday, May 18, 2022 11:37:58 AM
From: Carol Forgione
Se nt: Mon, 16 May 2022 01:20:36 +0000ARC
To: Cynthia Bingham; David Whitney; Ned Chatelain; Mary Chaffee; Kari Hoffmann; Peter Lombardi
Cc: Charles Sumner
Subje ct: Suggestion to adjust protocol for speakers at town meetin
Se ns itivity: Normal
May 15, 2022
Dear Members of the Select Board and Mr. Lombardi:
After yes terday’s rather protracted town meeting, I am writing to expres s a concern over the fact that one individual was able to commandeer s o
much s peaking time and to be repeatedly dis ruptive. I commend the Town Moderator Mr. Sumner’s efforts to manage the conduct of this individual,
and unders tand that he was doing his utmost to keep order, while at the s ame time being mindful of how further dis ruptive it would have been if he
had attempted to expel the individual.
As you know, due to the extensive questions and motions made by one individual, the meeting took an exceptionally long time, which res ulted in
many participants needing to leave before all of the bus ines s could be conducted. Toward the end of the meeting , s o many people had left, that there
was no longer the required number of 200 people pres ent to have a quorum, and we therefore could not vote upon the final article. Needles s to s ay,
this type of behavior interferes with the efficient execution of the meeting. I als o fear that type of behavior will deter res idents from attending future
meetings .
The events of yes terday’s meeting have helped hig hlig ht the need for an adjus tment in protocol of s ome sort to help prevent this type of s ituation
from happening again in the future. Pardon my ig norance on the legalities of altering protocol. I am not sure if a change in the rules is needed, or if a
more s trict interpretation of the rules that are already in place will help s olve the is s ue. I trus t in your wisdom as a collective body to dis cus s options
and arrive at a s olution that will work bes t for the town and will continue to pres erve the rights of citizens to speak at town meetings .
Thank you s o much for your s ervice to the town and your thoughtful and collaborative leaders hip. Our town if so fortunate to have s uch a fine group
of people at the helm.
Sincerely,
C arol Forgione
65 Wintergreen Lane
cc: Town Moderator Charles Sumner
17 May 2022
Brewster Town Officials,
I’m writing to ask that the Town of Brewster set rules in place for future town meetings
to prevent another meeting from being exploited by one person. Hundreds of voters sat
roasting in the sun on Saturday, the 14th at a town meeting that could have been easily
shortened by an hour (if not more) if Carol Anderson of Route 137 (as she stated many
times) had not spoken to every article and motion. A disturbing (and, I believe, direct)
consequence was to cause a lost quorum, preventing completion of town business.
While she has rights, I hope everyone else’s rights can be respected in the future. The
moderator did a noble job, considering the problem with which he was confronted.
Nevertheless, that meant hundreds of us were subjected to an almost 4 hour meeting,
sunburn, dehydration and missed activities. I wonder how many people did not bother to
voice their opinions or left early in frustration. I think Brewster voters were respectful of
free speech rights but many were frustrated as the situation became unreasonable.
I was personally affected with sunburn and missed an afternoon event. I also aided
briefly in the care given to an elderly resident who fell to the ground from the effects of
heat and dehydration.
I hope we can avoid repeating this unpleasant experience.
Sincerely,
Annie Campbell Dugan
173 Beach Plum Lane
Brewster MA 02631
Archived: Friday, May 20, 2022 8:50:22 AM
From: Katie Miller Jacobus
Sent: Wed, 18 May 2022 19:41:13
To: Charles Sumner; Peter Lombardi; cbingham@brewster-ma.com; Kari Hoffmann;
dwhitney@brewster-ma.com; Ned Chatelain; Mary Chaffee
Subject: Thoughts on Town Meeting
Sensitivity: Normal
___________________________________
I wanted to check in with a few thoughts after Saturday’s Town Meeting.
First, thank you Charlie for your unflinching patience and courtesy for the hours-long TM we all endured.
I would hate to see Saturday’s slog be a reason people stay away from future meetings. Given the inordinate
amount of time commandeered by one individual, other voters were discouraged from speaking up. And more
importantly, we didn’t get to complete the business at hand, due to the loss of a quorum, some 3 1/2 hours in.
It looked to me like there were at least two different videos to get the warrant info out to voters. Perhaps there
could be more focus on those advance opportunities. An explicit date and time for Q & A might limit the need
for so many broad questions from the floor. After all, it is up to us voters to inform ourselves.
Knowing the strong team of Select Board and town administration that Brewster has in place, along with Town
Moderator, I have every confidence that there could be some plan in place by our next Town Meeting…a plan
that preserves the democratic process for all of us.
Best,
Katie
Katie Miller Jacobus
katie.m.jacobus@gmail.com
Brewster Democratic Town Committee
Thursday, May 26th
11 am – 5 pm
Brewster Police Department
631 Harwich Rd
Target gift card for all donors!!
*******Appointments are required. To make an appointment,
please visit our website listed below.
All Gave Some, Some Gave All
Presentations by:
Captain Mary Chaffee – U.S. Navy Veteran
Father Alan Wilmot – U.S. Navy Chaplain (ret.)
Brigadier General Martin J. Lucenti Sr. – U.S. Army (ret.)
Sergeant First Class Jeremy Armstrong – U.S Army
Honor Guards:
Brewster VFW Post 9917
Brewster Boy Scout Troup 77
Brewster Fire Department
Brewster Police Department
Music By:
Nauset Middle School Band
Archive d: Wednesday, May 18, 2022 2:41:57 PM
From: Kari Hoffmann
Se nt: Wed, 18 May 2022 18:23:14 +0000Authentication
To: Cynthia Bingham
Cc: Peter Lombardi; Erika Mawn; Brewster Cultural Council Clare
Subje ct: Appointment to Cultural Council
Se ns itivity: N ormal
Attachme nts :
Healy -Application Screening Form - completed.pdf; Healy- Application and Resume.pdf;
Good Afternoon,
I have completed my interviews , cons ultations, and reference checks for Girard Healy's appointment to the Brews ter C ultural Council. Girard has a
s trong backg round in finance and has served on a variety of non-profit boards in the arts community.
He was a member and chairpers on of the board of the Brattle Theater in Cambridge. The Executive Director spoke highly of him indicating he was a
thoug htful and cons iderate pers on with a strong s ens e of s trategy and overs ite.
I believe that he would be an as s et to the Cultural Council. Clare O'C onnor Rice, Chairpers on of the BCC interviewed him as well, and agrees .
As the liais on to the Cultural Council, I would like the Select Board to cons ider Girard Healy for appointment to the Brews ter C ultural Council.
Pleas e let me know if you have any ques tions .
Bes t regards ,
Kari
Kari S . Hoffmann
Brewster S elect Board
Town of Brewster
2198 Main S treet
Brewster, MA 02631
FINAL Select Bd Appt Policy; version Oct. 28
Appendix C
SELECT BOARD COMMITTEE APPLICATION SCREENING FORM
Applicant Name Requested Committee
1. TOWN CLERK REVIEW
a. Applicant is a registered Brewster voter: Yes No
b. Date confirmed
2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD
a. Select Board Liaison Applicant Interview:
i. Interviewer name (Select Board Liaison):
ii. Interview date:
b. Select Board Liaison Consultation with Committee Chair:
iii. Committee Chair name:
iv. Consultation date:
v. Did Committee Chair also interview applicant? Yes No
c. Was at least 1 Brewster reference contacted: Yes No N/A
d. Select Board Liaison Recommendation:
i. Recommend appointment.
ii. Recommend appointment to other committee that is a better fit for
applicant qualifications.
iii. Recommend holding application for future opening.
iv. Not recommended.
3. SELECT BOARD ACTION
a. At a Select Board meeting held , the Applicant was appointed to
for a term ending year term.
4. NOTIFICATION OF APPOINTEE AND TOWN CLERK
a. Date notification of appointment sent to appointee and Town Clerk:
FINAL Select Bd Appt Policy; version Oct. 28
Appendix B
Town of Brewster
SELECT BOARD COMMITTEE APPOINTMENT APPLICATION
APPLICANT DIRECTIONS:
Thank you for your interest in serving Brewster. The Town aims to match applicants
with committee service best aligned to your skills and interests as well as the
committee’s needs.
The Town may consider the information in this application, any supplemental
information, and any other publicly available information. An appointment to any
committee, board or commission is at the discretion of the Select Board.
Please complete this form online, or on paper, and submit a résumé if desired to
Erika Mawn, Town Administrator’s Executive Assistant:
o Email: EMawn@Brewster-MA.gov
o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or
o In person: Town Administrator’s Office or drop-box outside Town Hall.
After your application materials are received, you’ll be contacted regarding next
steps. Vacancies will be filled by applicants deemed best qualified to serve in a
particular capacity, which discretion lies solely with the appointing authority.
Submitting this form does not guarantee appointment.
1. Applicant name:
2. Address:
3. Phone Numbers: Home: Cell
4. Email:
5. This is an application for: Full member status Alternate status
6. Are you a full-time Brewster resident? Yes No
7. Years you’ve lived in Brewster:
8. Are you registered to vote in Brewster? Yes No
9. Committees you are interested in serving on in order of preference:
a.
b.
c.
NOTE: You may attach a résumé or CV instead of completing items 10-14.
FINAL Select Bd Appt Policy; version Oct. 28
10. EDUCATION. List schools attended, degrees/diplomas/certificates received,
and date of completion.
Name of School
Degree/Diplomas
Certificates
Date of
Completion
11. OCCUPATION: ______________________________________________________
Active Retired Not currently working
12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of
employment for at least previous 3 years.
Name of Employer Job Title Dates of
Employment
13. GOVERNMENT POSITIONS. List any Town of Brewster or other government
volunteer, elected, or appointed positions you now hold or have held.
14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that
you belong to or have belonged to in the previous 5 years:
a. Organizations and dates:
15. GOALS: Please explain why you’d like to serve on a particular committee.
16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or
interests you have that would assist you to serve effectively on the committee
you wish to serve on.
17. TOWN EMPLOYMENT: Are you or any member of your immediate family
employed by or receiving financial consideration from the Town of Brewster?
Yes No
18. CONFLICTS OF INTEREST. Do any of your activities or relationships present
the possibility or probability of a conflict of interest if you are appointed?(Does
not automatically disqualify but may need to be disclosed) Yes No
19. LOCAL REFERENCES: Please provide the names and contact information for
references (Brewster residents preferred):
20. ADDITIONAL INFORMATION. Please add any additional information you’d like.
a. Name:
Address:
Phone:
Email
Relationship to you:
b. Name:
Address:
Phone:
Em
Relationship to you:
FINAL Select Bd Appt Policy; version Oct. 28
20. SIGNATURE. By signing below, you state that you understand and agree.
My completion of this form does not guarantee my appointment and my
application will be kept on file for two (2) years.
If appointed to a position, I will be considered a Municipal Employee under
MGL Ch. 268A and will be subject to:
Massachusetts Conflict of Interest Law, MGL Ch. 268A;
Massachusetts Financial Disclosure Law, MGL Ch. 268B;
Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the
implementing regulations, 940 CMR 29.00;
Massachusetts Public Records Law, MGL Ch. 66, and the implementing
regulations, 950 CMR 32.00;
Massachusetts Campaign Finance Law, MGL Ch. 55; and
Brewster Charter, when in force, and Town bylaws, and all other applicable
federal, state, and local laws or regulations.
If appointed, I must be sworn in by the Town Clerk before serving, and I will
complete State Conflict of Interest training after appointment, as well as
any other certifications required by law.
When submitted, I understand that this form becomes a public document.
Signature: Date: 4/25/2022
Girard Healy
(617) 510-8197 girard.healy@gmail.com
Senior executive with 30+ years plus of experience directing global strategy and consulting projects and teams.
Innovative and resourceful program development manager with a focus on transformational change, outsourcing and
building partnerships with key stakeholders. Expert at service provider capabilities, streamlining operating strategies,
driving process improvement while cultivating a positive people-oriented culture.
Experience MANAGING DIRECTOR, ACCENTURE, Boston, MA 2004-Present
Key member of global asset management team providing insights, subject
matter expertise and sales support to teams around the world
Acted as strategic partner during a dozen RFPs for asset managers to select a
new service provider; delivered status presentations to fund board members
and committees, firm executives, fund treasurers and operations teams.
Provided key industry insights to a global custodian’s capability assessment as
part of its acquisition of a competitor.
Led back and middle office transformation for a global asset manager
initiative resulting in an institutional quality operational capability.
Provided subject matter expertise to an asset manager’s integration of back
and middle office after a $200 billion acquisition
Featured speaker at several industry conferences and webinars including with
the Investment Company Institute, Financial Times, SunGard Asset Manager
Summit and MoneyMate panel on data management.
Primary media contact for asset management practice including Ignites,
Financial Times,FundFire and Institutional Investor.
DELOITTE & TOUCHE LLP, Boston, MA 1989–2004
Managed client relationships and client service engagements
Prepared and reviewed tax returns for leading investment manager clients
Implement firm's strategic process improvement and technology initiatives to
global tax professionals
COMMERCE CLEARING HOUSE (CCH), Wilmington, MA 1986–1989
Provided technical support on tax compliance software and conducted
customer training seminars
INTERNAL REVENUE SERVICE, Andover, MA 1985–1986
Managed special revenue compliance projects
Reviewed tax returns for completeness and accuracy
Education Master of Science -Taxation, Bentley College, Waltham, MA,
Master of Business Administration, Suffolk University, Boston, MA,
Bachelor of Arts Political Science (cum laude), Salem State College, Salem,
MA,
Affiliations Certified Public Accountant, Member AICPA, MA Society of CPAs, Treasurer,
Sharon Gewirtz Fund; former president, Brattle Theater, Cambridge, MA;
Former chair of Board Hospitality Homes, Boston, MA, former board member,
The Boston House
Other Authored popular blogs and articles on Accenture.com and LinkedIn.
Archive d: Friday, May 20, 2022 8:48:23 AM
From: Goldstein, Ronit
Se nt: Thu, 19 May 2022 18:06:21 +0000ARC
To: Peter Lombardi; Donna Kalinick; Heath Eldredge; Robert Moran; Kevin Varley; Griffin Ryder
Subje ct: Eversource Vegetation Management Scorecard- Brewster
Se ns itivity: Normal
Attachme nts :
Brewster Veg Management.pdf;
Good afte rnoon,
I hope you are well.
Below and attached pl e ase find a message from Eversource’s Manager of V e getati on Manage me nt and a scorecard for Brewster.
Please let me know if you have any questions.
Regards,
Ronit
__________________________________________________________________________________________________________________________________________
______________________________
To our Community P artners:
Trees are a beautiful and treasured feature of Massachusetts’s landscape, but they also can cause devastating damage when strong storms tear through the state.
Because trees are the number one cause of power outages for our customers and public safety issues in our communities, it's critical that we balance the many
benefits that trees provide with the need for safe and reliable power.
That's why we've developed a Vegetation Management Town Scorecard to measure the value of our proactive tree work across the state. Our goal is to provide a
visual and accessible overview of reliability and the state of our vegetation management efforts in your town.
The scorecard includes important data including:
• An overview of our 2022 plan for your community
• The number of tree related emergency calls
• The clearance standard need to be maintained
• Reliability data for Eversource customers related to vegetation
We understand the important role trees play in our communities. At the same time, we’re committed to meeting customer expectations on reliability. We need reliable
power now more than ever before and must work together to ensure the safety of our communities.
If you have any questions regarding Eversource’s vegetation management program, please contact me at 508-790-9007.
Sincerely,
P aul Sellers,
Eversource Manager of Vegetation Management
Ronit Golds tein
C ommunity Relations & Economic Development
480 Willow Street, Yarmouth, MA 02664 |( 617-966-8459 (cell)
* ronit.golds tein@evers ource.com
Thi s electronic me ssage contains i nformation from Eversource Energy or its affi l i ate s that may be confi dential, propri e tary or othe rwi se protecte d from
disclosure . The information i s intended to be used sol e l y by the recipient(s) name d. Any views or opinions expressed i n thi s message are not necessarily
those of Eversource Energy or its affi l i ates. Any disclosure , copyi ng or di stri bution of this me ssage or the taking of any acti on base d on i ts contents, othe r than
by the inte nde d re ci pi e nt for its intended purpose, i s strictl y prohibite d. If you have receive d thi s e-mail i n error, please notif y the se nde r i mme di ate l y and
delete it from your system. Emai l transmission cannot be guaranteed to be error-free or se cure or free from viruses, and Eve rsource Ene rgy di scl aims all
liabi l i ty for any re sul ting damage, errors, or omissi ons.
BREWSTER
TOTAL MILES SCHEDULED
2.5
DISTRIBUTION TREE
& RELIABILITY
TOWN TOTAL
100.3
CUSTOMERS SERVED
9,075
TREE RELIABILITY
2021
BACKBONE MILES SCHEDULED
2.2
TOWN TOTAL
64.0
EMERGENCY CALLS
39 Eversource Backbone
Trimming Standard
PERCENT TREE-RELATED OUTAGES
39%
OUTAGES
752
MINUTES CUSTOMERS IMPACTED
11,863,167
CUSTOMERS IMPACTED
14,184
NAV $ (000)Target Allocation RangeActual Allocation % Month FY '22Calendar YTD 1 Year 3 Year 5 Year 10 YearSince InceptionGLOBAL EQUITY37,604,269 33 - 43% 38.8% -7.76 -8.60 -13.21 -6.29 9.47 9.50 9.55 6.65 CORE FIXED INCOME13,954,000 12 - 18% 14.4% -4.91 -8.75 -10.85 -6.68 2.53 2.64 3.31 6.80VALUE ADDED FIXED INCOME *6,524,931 5 - 11% 6.7% -1.65 1.11 -3.44 4.13 5.67 5.40 5.27 7.68 PRIVATE EQUITY *17,412,709 12 - 18% 18.0% -0.30 30.17 3.84 46.75 35.2729.20 23.26 16.50REAL ESTATE *9,783,967 7 - 13% 10.1% -0.30 24.21 7.61 30.64 13.86 11.67 11.46 7.27TIMBERLAND *2,890,955 1 - 7% 3.0% -0.69 7.63 0.88 11.52 5.08 5.18 6.07 8.09PORTFOLIO COMPLETION STRATEGIES *8,097,681 7 - 13% 8.4% -0.95 1.53 -0.11 2.40 3.99 3.98 4.73 4.36OVERLAY560,699 0.0% 0.6% -4.51 -7.11 -8.29 -5.46 5.194.31 4.69TOTAL CORE96,877,042 100% 100% -4.18 1.44 -6.20 5.51 11.12 10.08 9.52 9.50-4.12 0.25 -5.74 3.98 10.31 9.46 8.74 9.81TOTAL CORE BENCHMARK (using private equity) 2-3.94 -1.74 -5.94 0.43 7.68 7.63 7.55 9.47PARTICIPANTS CASH 121,501 0.02 0.08 0.05 0.09 0.72 1.18 0.73 3.46TEACHERS' AND EMPLOYEES' CASH40,602 0.02 0.08 0.05 0.09 0.71 1.16 0.722.31 TOTAL FUND97,039,145 -4.171.44-6.185.4911.0910.059.499.54PENSION RESERVES INVESTMENT TRUST* Certain Value-Added Fixed Income investments, Private Equity, certain Real Estate investments, Timberland, and certain Portfolio Completion Strategy investments are valued only at calendar quarter ends (March 31, June 30, September 30, and December 31).Periods Ending April 30, 2022*RATES OF RETURN (GROSS OF FEES)SUMMARY OF PLAN PERFORMANCEIMPLEMENTATION BENCHMARK (using short term private equity benchmark) 13
mapension.com | 84 State Street, Suite 250, Boston, MA 02109 | (617) 946-8401
PRIM Board Quarterly Update
First Quarter 2022
PRIM Executive Director and Chief Investment Officer Michael G. Trotsky, CFA provided the following
information to the PRIM Board at its May 19, 2022, meeting:
Executive Director and Chief Investment Officer Report
Following PRIM’s very strong calendar year 2021 performance - a 20% investment gain and record
outperformance over the benchmark - market conditions deteriorated in the first calendar quarter of
2022. The Russian invasion of Ukraine on February 24 created an historic humanitarian crisis and dealt
global financial markets and world economies a substantial setback.
The war, combined with new COVID flare-ups, rising inflation and interest rates, and continued supply
chain disruptions has caused global economic growth to slow significantly. In late April, the International
Monetary Fund (IMF) reduced its world economic growth forecast for 2022 to 3.6%, down from a
projection of 6.1% only a few months ago. The IMF expects US growth to slow from 5.7% in 2021 to 3.7%
in 2022, and 2.3% in 2023. The U.S. economy contracted 1.4% in the first quarter. Changing expectations
about the future are detrimental to global markets and global economies; equity and bond price volatility
are at highly elevated levels.
However, PRIM is still performing at a very high level. The environment at PRIM can best be described as
“all hands-on deck.” We have assembled a group of highly trained and talented professionals and we are
extremely proud that they are attentive to every detail in the portfolio. We have asked the team to
examine every strategy in the portfolio and to increase our communications with each manager.
PRIT Fund performance was negative for the quarter ending in March, but still up substantially for the
one-year period. The PRIT Fund was down 2.1% (net) for the quarter, in line with benchmark returns, but
for the trailing 12-month period, the Fund is up 12.6%, outperforming the benchmark by 5.5%. The 2.1%
decline in the March quarter compares very favorable to the Standard and Poor’s 500 Index, which
declined 4.6%, Developed International equities declined 5.9%, and Emerging Markets equities declined
7.0%. Bonds were down 5.9% in the quarter and a 60/40 mix of stocks and bonds, a common comparison
for a diversified portfolio, was down 5.6% for the quarter.
Mass PRIM Quarterly Update – Q1 2022
2
PRIT Fund Performance
For the one-year period ended March 31, 2022, the PRIT Fund was up 13.1%, (12.6% net), outperforming
the total core benchmark of 7.1% by 602 basis point (552 bps net).
• This performance equates to an investment gain of $11.3 billion, net of fees.
• This outperformance equates to $5.0 billion of value above the benchmark return, net of fees.
• Net total inflows from contributions for the one-year ended March 31, 2022, were
approximately $76 million.
The following charts summarize the PRIT Fund performance for the twelve months ended March 31, 2022.
Total PRIT Fund Returns
Annualized Returns as of March 31, 2022 (Gross of Fees)
Source: BNY Mellon. Total Core Benchmark includes private equity benchmark.
PRIT Asset Class Performance Summary
One Year ended March 31, 2022 (Gross of Fees)
Source: BNY Mellon. Totals may not add due to rounding. *Benchmark is actual performance.
13.1%13.4%
11.3%
10.0%
7.1%
9.7%8.8%8.0%
6.0%
3.7%
2.5%2.0%
0.0%
5.0%
10.0%
15.0%
1 Year 3 Year 5 Year 10 YearReturns
Total Fund Return Total Core Benchmark Value Added
49.9%33.0%12.5%7.2%6.0%4.9%-0.5%49.9%19.1%9.2%6.0%6.0%4.8%-0.9%0.0%14.0%3.3%1.2%0.0%0.1%0.4%-10.0%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Private
Equity*
Real Estate Timberland Value Added
Fixed Income
Global Equity Portfolio
Completion
Strategies
Core Fixed
IncomeReturns
Asset Class Benchmark Value Added
Mass PRIM Quarterly Update – Q1 2022
3
PRIT Fund Annualized Returns By Asset Class
(March 31, 2022 - Gross of Fees)
1 Year 3 Year 5 Year 10 Year
PRIVATE EQUITY
49.9%
PRIVATE EQUITY
35.8%
PRIVATE EQUITY
29.3%
PRIVATE EQUITY
23.3%
REAL ESTATE
33.0%
REAL ESTATE
14.0%
REAL ESTATE
11.9%
REAL ESTATE
11.6%
TIMBER
12.5%
GLOBAL EQUITY
13.7%
GLOBAL EQUITY
11.7%
GLOBAL EQUITY
10.3%
VALUE-ADDED FIXED
INCOME
7.2%
VALUE-ADDED FIXED
INCOME
6.6%
VALUE-ADDED FIXED
INCOME
5.9%
TIMBER
6.1%
GLOBAL EQUITY
6.0%
TIMBER
5.3%
TIMBER
5.3%
VALUE-ADDED FIXED
INCOME
5.5%
PCS
4.9%
PCS
4.8%
PCS
4.3%
PCS
4.8%
CORE FIXED INCOME
(0.5%)
CORE FIXED INCOME
4.1%
CORE FIXED INCOME
3.9%
CORE FIXED INCOME
4.0%
Source: BNY Mellon. Returns as of March 31, 2022
Organizational Updates
Tim Doyle joined PRIM as an Investment Analyst on the Private Equity team, reporting to Alyssa Fiore.
Tim joins us from the Mass General Brigham investment office and began his career at Cambridge
Associates in their pension practice. Tim has earned a Bachelor of Science in Finance from Boston College.
Vivian Liang joined PRIM as an Investment Analyst on the Research team, reporting to Maria Garrahan.
Vivian was previously a PRIM Research Intern where she worked within multiple areas of Research: asset
allocation, private equity replication, and manager selection tool development. In March, Vivian
graduated with a Master of Science degree from the Computational Finance and Risk Management
graduate program at the University of Washington.
Amy MacKay joined PRIM as an Administrative Coordinator for the Real Estate and Timberland team,
reporting to Tim Schlitzer. Amy previously worked in the Finance Department at Meredith & Grew-Colliers
and the Downtown Leasing Group at Whittier Partners-CBRE. Amy is a graduate of Assumption College.
On April 1, 2022 Governor Baker signed into law Chapter 42 of the Acts of 2022. Section 64 of Chapter 42
includes a Russian Divestment bill which goes beyond the federal sanctions list and includes all companies
that are incorporated in Russia. We are in the process of implementing all directives under this law. The
value of the investments covered under the law is very difficult to accurately ascertain because at this
time the markets are closed to foreign investors and there is very little reliable price discovery. We own
no securities that are on the current U.S. Sanctions list, but under the Massachusetts law’s broader
directive, we estimate that our position size at the start of the year was $250 million, on the day after the
invasion, February 25, the positions were valued at approximately $140 million, and currently, our pricing
vendors estimate the positions to be worth approximately $9.6 million. Subject to market availability, our
managers are required to sell 50% of the position size within six months and be completely liquidated
within one year.
Mass PRIM Quarterly Update – Q1 2022
4
In late March, PRIM became a founding signatory to the CFA Institute’s first-ever Diversity, Equity, and
Inclusion Code for the investment profession. As a founding signatory of the DEI Code, PRIM cements its
position as an industry leading advocate for a new and better investment industry that more closely
represents the make-up of our entire society. A commitment to diversity and inclusion, just like ethics,
must come from the top. Many years ago, we decided to make cultural changes at PRIM to foster a diverse
and inclusive environment. We believe that an industry that embraces many voices and perspectives will
produce better investment outcomes and a more inclusive future for the investment profession. Signing
the DEI Code means that we are committed to embracing its seven core principles to improve our
workplace and our industry. PRIM’s human resources policies already capture these principles, and with
the implementation of the FUTURE Initiative following Treasurer Goldberg’s advocacy for investment
equity legislation, we are positioned to continue to lead in this area. We are proud of our progress, but
there is more we can and will do.
In its February 14, 2022, issue, Pensions & Investments reported that PRIM was ranked seventh among
the largest 200 funds in the nation for assets managed by diverse managers. This is an indication that our
ongoing efforts over the years, combined with our new FUTURE initiative, are putting PRIM at the very
top of the heap in terms of progress and many of the funds that have more allocated are far larger than
PRIM.
PRIM was nominated for Public Plan of the Year for Institutional Investor’s 19th annual Hedge Funds
Industry Awards for the 6th straight year. PRIM won the award in 2016 in recognition of our
groundbreaking work in separately managed accounts, which is now becoming the industry standard.
At the February 17, 2022, PRIM Board meeting, the Board voted and approved the establishment of a new
ESG (Environmental, Social, and Governance) Committee for the purpose of advising the Board on ESG-
related matters, and to engage an outside consultant to assist in developing a charter. PRIM staff is
working closely with the Treasurer’s staff and our outside governance consultant to complete a draft
charter.
PRIM Board Actions
Public Markets
Other Credit Opportunities – New Investment Recommendation: ArrowMark PRIM Fund of the One
The PRIM Board approved an initial commitment of up to $200 million to ArrowMark PRIM Fund of the
One (“the Fund”). The Fund is a custom evergreen strategy that will invest in bank regulatory capital relief
securities.
Portfolio Completion Strategies
New Investment Recommendation: North Peak
The PRIM Board approved an initial allocation of up to $175 million to North Peak Capital, to be invested
through a PRIM separately managed account. The strategy seeks to generate attractive risk-adjusted
returns over a multi-year investment horizon using a private equity approach to public markets with a
differentiated level of research.
Private Equity
Venture Capital Investment Approval Process
The PRIM Board approved the enhanced Venture Capital Investment Approval Process, which authorizes
PRIM’s CIO to approve certain new venture capital commitments, not to exceed 20% of the forecasted
private equity annual investment plan.
Mass PRIM Quarterly Update – Q1 2022
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Investment Recommendations: Insight Partners Vision Capital II, L.P. and Insight Partners Fund XI
Follow-on Fund, L.P.
The PRIM Board approved a commitment of up to $50 million to Insight Partners Vision Capital II, L.P. and
a commitment of up to $20 million to Insight Partners Fund XI Follow-On Fund. PRIM has invested in 15
prior Insight Partners (“Insight”) funds and three co-investments since 2005. Insight is a sector specialist
private equity group focused on primarily investing in growth-stage software, software-enabled services,
and Internet businesses.
Follow-on Investment Recommendation: Medicxi IV, L.P.
The PRIM Board approved a commitment of up to €40 million to Medicxi IV, L.P. PRIM has invested in five
prior Medicxi Ventures (“Medicxi”) funds since 2012. Medicxi’s senior team has worked together for an
average of 12 years. Medicxi invests in seed, early- and late-stage biotech assets and companies across
several therapeutic areas.
Follow-on Investment Recommendation: Technology Crossover Ventures XII, L.P.
The PRIM Board approved a commitment of up to $200 million to Technology Crossover Ventures XII, L.P.
PRIM has invested in six prior Technology Crossover Ventures (“TCV”) funds and three TCV co-investments
since 2006. TCV is an established growth equity investment firm with a strong and consistent track record.
TCV’s senior team has worked together for an average of 11 years. Fund XII will target growth equity
positions in both private and public technology companies in North America and Europe.
New Investment Recommendation: Sequoia Capital China Seed Fund III, L.P.; Venture IX, L.P.; Growth
VII, L.P.; and Expansion Fund I, L.P.
The PRIM Board approved a total commitment of up to $150 million to be split into: up to $8.2 million to
Sequoia Capital China Seed III, L.P.; up to $18.8 million to Sequoia Capital China Venture IX, L.P.; up to
$61.5 million to Sequoia Capital China Growth VII, L.P.; and up to $61.5 million to Sequoia Capital China
Expansion I, L.P. Sequoia Capital China (“Sequoia China”) makes venture capital and growth equity
investments in seed, early-stage, late- stage, and growth equity stage companies in China in the
technology, consumer, and healthcare sectors. Sequoia China’s partners have worked together for an
average of 11 years.
Real Estate
Timberland Appraisal Request for Qualifications (RFQ) Search Committee Recommendation
The PRIM Board approved the placement of nine firms on PRIM’s list of approved timberland appraisers.
Each firm will be eligible to bid on timberland appraisal assignments that are scheduled to occur for
calendar years ending 2022, 2023 and 2024. The firms are as follows: American Forest Management;
Forest Resource Consultants; Legacy Appraisal Services; Mason, Bruce & Girard; Margules Groome
Consulting Limited; Sewall Forestry & Natural Resources Consulting; Sizemore & Sizemore; The Healy
Company; and Timberland Appraisal Inc.
Finance and Administration
PRIM Board Fiscal Year 2023 Budget
The PRIM Board approved the Fiscal Year 2023 Budget. The budget reflects the investment management,
advisory, and operational costs necessary to implement, measure, and monitor the approximated $103
billion in investments of the Pension Reserves Investment Trust (PRIT) Fund.
The projected FY2023 budget of $518 million is 50 basis points (bps) of projected average PRIT Fund assets
($103 billion). The expense ratio has remained steady, even while consistently growing the investment
program to include more high-performing, higher-fee strategies, and while growing PRIM’s internal
resources to pursue several innovative, industry-leading key initiatives. As is our custom, budgeted
Mass PRIM Quarterly Update – Q1 2022
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expenses for FY2023 are conservative and foresee continued asset growth. Actual expenses incurred may
vary because most expenses are a function of asset levels and investment performance is not predictable.
Legal Services Request for Qualifications (RFQ)
The PRIM Board approved the issuance of a Request for Qualifications (RFQ) for investment legal services.
Incumbent providers will be invited to respond. The Board last approved a roster of law firms with a
variety of legal specialties in April and June of 2016.
Client Services Webinars
The Client Services team hosted two informational webinars for our clients.
The PRIM cash transaction processes and procedures webinar featured Jennifer Cole, PRIM’s Manager of
Client Reporting and Cash Management and was held March 9, 2022.
The PRIM cybersecurity and technology webinar was led by David Griswold, PRIM’s Director of
Information Technology and was held on April 27, 2022.
The Client Services team will continue to meet with the retirement boards of PRIM’s member retirement
systems throughout the year. To schedule a visit, please contact Francesco at fdaniele@mapension.com,
Laura at lstrickland@mapension.com, Emily at egreen@mapension.com, or call 617-946-8401. We look
forward to seeing you soon.
1
Erika Mawn
From:german.greta77@gmail.com
Sent:Friday, May 20, 2022 10:58 AM
To:Peter Lombardi
Subject:Housing is needed NOW in Brewster
Please share this note with the select board!
Greta Montgomery