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HomeMy Public PortalAboutSelect Board Meeting Packet - 07.11.22(pages 3-6) (pages 7-76) (pages 77-78) (pages 79-217) (pages 218-219) (pages 220-252) (pages 253-259) (pages 260-267) (pages 268-305) (pages 306-317) (pages 318-321) (pages 322-323) (pages 324-332) (pages 333-394) Weekly Count of New COVID-19 Infections: March 8, 2020 – July 1, 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 46 33 25 1814 9 9 11 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 7 0 3 000000 11 11 38 30 18 4 3 1 00000000 7 51 8 5 4 1 0 11100 20 40 60 80 100 120 140 3/8-3/143/22-3/284/5-4/114/19-4/255/3-5/95/17-5/235/31-6/66/14-6/206/28-7/47/12-7/187/26-8/18/9-8/158/23-8/299/6-9/129/20-9/2610/4-10/1010/18-10/2411/1-11/711/15-11/2111/29-12/512/13-12/1912/27-1/21/10-1/161/24-1/302/7-2/132/21-2/273/7-3/133/21-3/274/4-4/104/18-4/245/2-5/85/16-5/225/30-6/56/13-6/196/27-7/37/11-7/177/25-7/318/8-8/148/22-8/289/5-9/119/19-9/2510/3-10/910/17-10/2310/31-11/611/14-11/2011/28-12/412/12-12/1812/26-1/11/9-1/151/23-1/292/6-2/122/20-2/263/6-3/123/21-3/264/3-4/94/17-4/235/1-5/75/15-5/215/29-6/46/12-6/186/25-7/1New Brewster COVID-19 Cases Resident (1538 Total)Long Term Care (259 Total staff & patients) Ages of Brewster Residents with Active COVID-19 Infections June 19 – June 25, 2022 % COVID Infections in Age Groups % COVID Infections in Age Groups 0-9 years (0) 0%10-19 years (1) 9% 20-29 years (0) 0% 30-39 years (1) 9% 40-49 years (1) 9% 50-59 years (0) 0%60-69 years (3) 28% 70-79 years (3) 27% 80+ years (2) 18% 0-9 years (0) 10-19 years (1) 20-29 years (0) 30-39 years (1) 40-49 years (1) 50-59 years (0) 60-69 years (3) 70-79 years (3) 80+ years (2) June 26 – July 1, 2022 0-9 years (0) 0% 10-19 years (2) 20% 20-29 years (1) 10% 30-39 years (0) 0% 40-49 years (1) 10% 50-59 years (2) 20% 60-69 years (4) 40% 70-79 years (0) 0% 80+ years (0) 0% 0-9 years (0) 10-19 years (2) 20-29 years (1) 30-39 years (0) 40-49 years (1) 50-59 years (2) 60-69 years (4) 70-79 years (0) 80+ years (0) BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 06/30/2022 Town Age Group Population Proportion of town population Individuals with at least one dose Individuals with at least one dose per capita Proportion of town individuals with at least one dose Fully vaccinated individuals Fully vaccinated individuals per capita Proportion of town fully vaccinated individuals Partially vaccinated individuals Partially vaccinated individuals per capita Proportion of town partially vaccinated individuals Individuals with booster doses Individuals with booster doses per capita Proportion of town individuals with booster doses Brewster 5-11 Years 516 5%268 52%3%245 47%3%23 4%3%16 3%0% Brewster 12-15 Years 369 4%306 83%3%281 76%4%25 7%3%86 23%2% Brewster 16-19 Years 367 4%300 82%3%273 74%3%27 7%3%150 41%3% Brewster 20-29 Years 681 7%701 >95%8%588 86%7%113 17%13%290 43%6% Brewster 30-49 Years 1,444 15%1,450 >95%17%1,278 89%16%172 12%19%699 48%13% Brewster 50-64 Years 2,323 23%2,069 89%24%1,903 82%24%166 7%18%1,264 54%24% Brewster 65-74 Years 2,349 24%2,132 91%24%1,915 82%24%217 9%24%1,572 67%30% Brewster 0-4 Years 318 3%4 1%0% - 0%0%4 1%0% - 0%0% Brewster 75+ Years 1,592 16%1,538 >95%18%1,384 87%18%154 10%17%1,105 69%21% Brewster Total 9,926 100%8,768 88%100%7,867 79%100%901 9%100%5,182 52%100% 1 From:McCarthy-Licorish, Lisa N (DPH) <Lisa.N.McCarthy-Licorish@mass.gov> Sent:Friday, July 8, 2022 9:01 AM To:McCarthy-Licorish, Lisa N (DPH); Connor, Caroline A (DPH) Subject:COVID Data Reporting Updates Importance:High Dear Local Public Health Colleagues, We are writing to let you know that DPH is updating COVID data reporting on our website next week, shifting from posting data 5 days a week to posting once a week, except for retaining daily Chapter 93 data. As the pandemic has evolved, data needs have evolved as well. The reporting changes taking effect next week are part of ongoing efforts to adapt to the pandemic and focus on the metrics that are most useful at a given time. While we have all gotten used to checking the numbers five days a week, monitoring trends over time is actually the most useful way to view the data at this point. We are shifting to once-a-week posting of data, except for retaining daily Chapter 93 data, to meet that current need. These changes are consistent with reporting changes that have already been made in 26+ other jurisdictions. DPH has the ability to increase the frequency of public posting if there is a need in the future, based on indicators including wastewater, hospitalizations, and tracing of new variants. These changes help DPH continue to provide accurate, actionable data that can be used by members of the public to understand the course of the pandemic. I will provide an overview of these changes at the regularly scheduled local health webinar next Tuesday at 3 pm. Sincerely, Dr. Catherine Brown Massachusetts Department of Public Health Select Board Mtg 7.11.2022 1 Item #10: Consent Agenda Cover Page  Meeting Minutes: June 6 and June 13, 2022 Meeting minutes from Select Board regular session meetings have been drafted for review. Administration Recommendation: We recommend the Select Board approve the meeting minutes as presented. Appointments: Planning Board Representatives to Water Quality Review Committee and Vision Planning Committee; Police Officer and Keeper of the Lockup- Jorel Radke The Planning Board has recommended a representative and an alternate to serve on the Water Quality Review Committee for one-year terms, and a representative to the Vision Planning Committee for a three-year term. The Police Department has recommended an appointment for Police Officer and Keeper of the Lockup for a second year. Administration Recommendation: We recommend the Select Board approve these appointments. Yard Sale Restriction Waiver Request: 1554 Main Street The owners of 1554 Main Street will be hosting a yard sale at their home on Saturday July 30th from 8am – 1130am and have requested permission to waive the yard sale restriction that states no yard sales on Route 6A between Memorial Day and Labor Day. The applicant has plenty of on- site parking. The Chief of Police has been notified of the event and there are no concerns. Administration Recommendation: We recommend the Select Board approve the yard sale restriction waiver. One-Day Entertainment License Applications – Chatham Bars Inn Farm (3) The Chatham Bars Inn Farm at 3038 Main Street will be hosting private farm to table dinners for CBI guests on three dates in July and would like to provide acoustic music during this time. There will be an expected 50 guests at each event. Administration Recommendation: We recommend that the Select Board approve these one-day entertainment requests. One Day Liquor License Applications: Chatham Bars Inn Farm (6) The Chatham Bars Inn Farm at 3038 Main Street will be hosting 6 different events at their property in the month of July and would like to be able to serve beer, wine and liquor. The server has been fingerprinted. There will not be more than 150 guests at any of these events. Some are public events and others are private events for CBI guests which were permitted through a Special Event permit license. Administration Recommendation: We recommend that the Select Board approved the one-day liquor license applications. Select Board Mtg 7.11.2022 2 Acceptance of Gifts & Donations: Friends of Brewster Dog Park The Friends of Brewster Dog Park have donated nine gifts, including shrubs, a water fountain, and signs, for use at the Brewster Dog Park. Administration Recommendation We recommend the Select Board approve acceptance of these gifts. Amendment to the Brewster Police Department Rules and Regulations Policies governing police officers’ facial hair and tattoos have been created in the Police Department policy and procedure manual to ensure that the current rules and regulations do not reflect poorly on the department or the town. The rules have also been amended to make the language within the rules that refers to officers more gender neutral. Administration Recommendation: We recommend that the Select Board approved these changes to the Police Department Rules and Regulations. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 1 of 8 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: June 6, 2022 TIME: 6:00 PM PLACE: Remote Participation REMOTE PARTICIPANTS: Chair Whitney,Vice Chair Chatelain, Selectperson Hoffmann, Selectperson Chaffee, Selectperson Bingham, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, Charles Sumner, Planning Board Members: Chair Madalyn Hillis-Dineen, Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels, Elizabeth Taylor, and Alex Wentworth, Jill Scalise, Judi Barrett, Alex Lanzillotta, Hal Minis, Conor Kenny Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 6:00pm and declared a quorum with all five Select Board members present. Chair Whitney read the meeting participation and recording statements. Public Announcements and Comment: None Select Board Announcements and Liaison Reports: Selectperson Bingham recognized long time Brewster resident Albert Ulshoeffer Jr. who had recently passed, noting that Mr. Ulshoeffer cared deeply for Brewster and will be missed. Selectperson Chaffee provided feedback from the Recycling Commission that plastic film (bubble wrap, dry cleaning bags, etc.) should be placed into the pay as you throw bag as the Town cannot recycle them. The Stop and Shop in Harwich does collect these items to be recycled. Black plastic should also go into the yellow pay as you throw bags. Town Administrator’s Report Mr. Lombardi highlighted correspondence in the packet from DEP, which advises all Cape Towns that they are planning on proposing changes to the Title V regulations that would apply specifically to nitrogen sensitive watersheds on Cape. The proposal would require that either all existing or new septic systems be transitioned to innovative alternative systems in the next five years or that member towns work together in developing shared watershed wastewater permits, similar to what we have done in Pleasant Bay. Mr. Lombardi noted that meetings will be set up with Towns for feedback before the draft regulations. Brewster is unique since we have the Pleasant Bay Watershed in place, however it is not clear yet how exactly these new proposed regulations would interact with existing permits. The proposed regulations would also impact Brewster in the Herring River Watershed, along with Harwich, Long Pond, Sheep Pond, and Seymour Pond would all be affected. The State announced in Governor Baker’s FY 22 supplemental budget a recommended appropriation of $200M specific to the Cape for wastewater projects, which is intended to help cover some of the Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 2 of 8 Office of: Select Board Town Administrator implementation costs associated with these revised regulations. These appropriations are suggested to be appropriated to some combination of the Cape and Islands Water Protection Fund and the Barnstable County Septic Loan program. The supplemental budget is the initial recommendation. This information will need to be included in the Board’s ongoing discussions of water quality and financing of projects and access to the Cape Cod and Islands Water Protection Fund. There is information on the Town’s website about the opening of First Light Beach to residents. There will be new kayak racks at this location and residents can submit applications by June 21st, a lottery will be held after the deadline. Consent Agenda a.Meeting Minutes: May 23 and May 25, 2022 b.Items to be Declared Surplus for Sale, Transfer, or Disposal – Recreation Department c.Fee Waiver Request – Whitecaps Board d.Appointments – Pond Parcel Planning Committee, Cynthia Bingham and Cultural Council, Girard Healy e.Pass Through Town Permission – Harbor to the Bay f.One-Day Entertainment License Application – 77 Main Street Selectperson Hoffmann moved to approve the consent agenda for June 6, 2022. Selectperson Chatelain second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chaffee- yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. De-Brief on Spring 2022 Town Meeting and Discuss Potential Next Steps Charlie Sumner, Town Moderator, joined the meeting. Mr. Lombardi commented that the Town Meeting was longer than anticipated, though we tried to limit the number of articles in working with Town Counsel. The meeting was three and a half hours and we ended up losing quorum and the Town was not able to act on the CPC allocation formula bylaw. The Town and Select Board members received feedback from residents about the duration of the meeting. An internal meeting with the moderator, Town Clerk, Town Administration and Select Board Chair was held to de-brief and brainstorm on potential actions to take in help staying on task and on target. Also being respectful of people’s time and keep them engaged in the process. The following is recommended and has been reviewed with Town Counsel: Limiting debate; amend current bylaw to go from 3 minutes to 1 ½ minutes. This was done during the pandemic and seemed to work successfully. Speakers would still be able to speak twice on an article. Quorum; require a 200-voter attendance at start of Town Meeting, but once underway the quorum requirement would go away. Reconsiderations (new town bylaw); currently under town meeting time absent a simple majority vote for reconsideration, proposing a 2/3 vote for reconsideration. Imposing a requirement that any motion to reconsider would have to be made within an hour of the original vote on the article. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 3 of 8 Office of: Select Board Town Administrator Members of the Select Board shared their thoughts on the recent Town Meeting and discussed the recommendations. Regarding the quorum, the goal is to complete all items on the warrant, knowing that some will require more time and attention than others. If any of these are approved, voters will know ahead of time and make their own choices about staying throughout the meeting. Mr. Sumner commented that, as the Moderator, decisions he makes during Town Meeting can impact someone’s ability to participate, he feels he has the responsibility to let the audience hear the speakers’ thoughts. Mr. Lombardi stated that these changes will be penciled in for Fall Town Meeting warrant and will be discussed more in future meetings. Any other suggestions relative to potential changes, specifically bylaw changes, should be communicated to him. Review Draft Housing Production Plan Update and Discuss Next Steps (Select Board FY22-23 Strategic Plan Goal H-2) – Joint Meeting with Planning Board Planning Board Chair Hillis-Dineen called the Planning Board meeting to order at 6:31pm. Planning Board members were announced, and a quorum was declared. Assistant Town Administrator Donna Kalinick, Housing Coordinator Jill Scalise and Judi Barrett and Alexis Lanzillottta of Barrett Planning Group participated in the meeting. Ms. Kalinick introduced the agenda item and Mrs. Scalise provided an overview of the process of the housing production plan. Mrs. Scalise explained that funds from the Community Preservation Act were used to finance the update of the Housing Plan (HPP) and the Housing Partnership has bee facilitating the work on the HPP. The project timeline was reviewed, with the kickoff meeting taking place in February 2022 and it is now in the final steps with a joint public meeting with the Select Board and the Planning Board scheduled for July 11th, 2022. Ms. Barrett noted that the purpose of the HPP is to identify, understand and address the needs of those who are low to moderate income and that the HPP is a regulated document. The HPP will include a housing needs assessment, housing goals, and implementation strategies. The HPP will help the community to increase their proximity to the 10% low to moderate housing threshold under Chapter 40B. Data for the HPP is provided from several sources, GIS maps, interviews with housing related board and committees and responses to the public survey. Ms. Lanzillotta reviewed highlights of the needs assessment which included: MassDOT and Cape Cod Commission predicted lower population for Brewster. From 2010 to 2020, the population has decreased for those aged 18 and under and increased for those aged 55 and older. Currently, 14% of the population is under 18 and 53% is over 55. The summarized data on household incomes in Brewster was presented noting that low to moderate (LMI) households earn up to 80% of the area median income. In Brewster the most LMI households at 60.9% are elderly non-family households. There has been an increase in higher income levels, most notably in the $200,000 or more income category from 2010 to 2020. There was also a decrease in those earning lower levels of income in the same time period. When Ms. Lanzillotta was reviewing household income limits for 2022, she noted that a family of four with an income of $86,950 was considered low income. In discussing Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 4 of 8 Office of: Select Board Town Administrator household incomes, it was noted that the survey responses indicated that those outside the LMI were also having trouble finding affordable housing. A key take way from housing occupancy trends that were reviewed from 2010-2020 is that the total number of housing units used for seasonal, recreational, or occasional use increased by 6.1%. There was also a decrease in the availability of year-round housing rentals and the renter-occupied units decreased from 9.9% in 2010 to 8.8% in 2020. In terms of housing affordability and availability, the sales prices for homes is increasing and available housing units are decreasing. It was noted that it is harder to find affordable housing units in Brewster than other Cape towns. The average median sale price for a single-family home in Brewster is $710,000, for a person earning the area median income the maximum amount they would have available to spend on a single-family home is $420, 579. Ms. Lanzillotta pointed out that there is also a housing mismatch for renters. The fair market rent for a 2-bedroom unit is $1,879, to afford this unit a household income of $75,000 is needed. The median household income for renters in Brewster is $35,000. In reviewing the data on subsidized housing inventory (SHI) from 2017-2022, Ms. Lanzillotta referenced the 10% mandate of affordable housing units from the state and noted that 34% of Brewster residents have incomes at 80% of the area median income which would make them eligible for a unit on the SHI. It was noted that Brewster has very limited multifamily housing options available, and most are deed restricted. Ms. Lanzillotta reviewed the barriers for consideration included in the housing needs assessment such as environmental, infrastructure regulatory, and socio-political considerations. It was also noted that the current accessory dwelling unit (ADU) bylaw precludes smaller homes from adding an ADU. The Town also does not have a mixed-use bylaw that allows commercial and residential mixed uses in a specific zoning district. The goals and strategies of the HPP are in alignment with Department of Housing and Community Development (DHCD) requirements. The survey responses indicated the following: The highest priority for the community is helping people stay in year-round housing affordable to them. People feel that there are not enough rental units, homeownership opportunities and not enough starter homes. There are not enough apartments or accessory dwelling units. The housing goals will focus on creating a mix of housing types feasible within the market and affordable to a range of income levels. Ms. Lanzillotta summarized the housing goals of the HPP: 1.Increase and diversify year-round housing options in Brewster for a range of income levels and household types. 2.Prevent displacement of current residents and facilitate housing mobility for households looking to move within or into Brewster. 3.Align development with the principles of the Town’s Local Comprehensive Plan/Vision Plan. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 5 of 8 Office of: Select Board Town Administrator 4.Continue to build capacity to produce housing through staffing funding, regional partnerships, advocacy and education, and relationships with nonprofit and for-profit developers. Based on 2010 Census data, the current number of SHI units needed to request certification of a HPP is 24, this number may change as the 2020 year-round housing count is not yet available. Ms. Lanzillotta reviewed the housing strategies of the HPP including the regulatory strategies of reevaluating the existing ADU and ACDU bylaws, amending zoning to clearly allow mixed uses, conducting an inventory of nonconforming lots and consider allowing small affordable units on otherwise unbuildable lots, reevaluating the existing multifamily dwelling bylaw, exploring measures to require/encourage inclusion of affordable units in resident developments over a certain number of units, allowing and incentivizing the adaptive reuse of existing buildings for the creation of affordable and mixed income housing and working with the Board of Health to utilize findings of the ongoing integrated Water Resource Management Plan to create denser housing development that can support inclusion of affordable units. The housing strategies related to funding and assets were reviewed, these include continuing to work with nearby communities on the Cape by pooling CPA funds and other revenue to construct affordable housing to meet regional needs. Developing a five-year financial plan for the Brewster Affordable Housing Trust and exploring other funding opportunities to support housing initiatives at a range of income levels. Ms. Lanzillotta reviewed a host of housing strategies that include collaboration with Town committees, staff and connecting with the community and partnering on regional opportunities. Housing strategies related to both local policy and planning and community resources and local support were reviewed. Ms. Kalinick stated how important the 2017 HPP has been in guiding the efforts of the housing program for the last five years. The HPP update will now guide the efforts for the next five years. Ms. Lanzillotta outlined the next steps in completing the HPP update which includes a community meeting on June 16th. Prior to this meeting a draft plan will be shared with the Planning Board and Select Board for comment. The public will also have opportunity to provide comments. Elizabeth Taylor asked about the final report DEP, it was noted that the DEP review was in the initial phase and data would not be available in the next year. Ms. Kalinick noted that Brewster Woods does have an IA system and the RFP for Millstone Road included a request for an IA system, also Serenity Brewster has an on- site small package treatment system. Ms. Taylor suggested the Planning Board start to review various maps of Brewster to determine potential zoning changes. Ms. Kalinick stated that the final plan requires the approval of the Select Board and Planning Board, a joint public hearing with these two Boards is scheduled for July 11th. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 6 of 8 Office of: Select Board Town Administrator Planning Board member Degen moved to adjourn the Planning Board meeting at 7:40pm. Second by Planning Board member Bebrin. A roll call vote was taken. Michaels-yes, Wentworth-yes, Degen-yes, Freitas- yes, Bebrin-yes, Taylor-yes and Chair Hillis-Dineen-yes. The vote was 7-Yes, 0-No. Status Update on Local Comprehensive Plan (Select Board FY22-23 Strategic Plan Goal G-5)- Hal Minis, Vision Planning Committee Chair Hal Minis reviewed a PowerPoint presentation that outlined updates on the local comprehensive plan. Some of the highlights included: The survey was live for the month of February with over 2,300 people completing the survey. All demographics and resident status groups were represented in the survey. Town Center questions results included: o Location 44% for Foster Square area 25% for Rt6A from Rt124 to Ellis Landing 20% No Town Center o Strong support for sidewalks and bike paths. Mixed housing and retail had moderate support. Design of the Town Center was more important that what the use would be. A lot of comments addressed concerns about increased traffic and people wanting to preserve Town character. High scoring actions include: o Land acquisition and zoning to protect drinking water. o Using less fertilizer and pumping septic tanks to improve water quality. o Requirements for septic systems near water resources. o Protection of Brewster’s coast, not just the resources but the character as well. o Building local economy around town character and natural resources. Affordable Housing o Agreement on the need for additional housing but needs to have more discussion about this topic. All results are available on the Vision Planning Committee webpage on the Town website. The Vision Planning Committee has updated the vision plan summary and prepared new summary papers on climate mitigation and adaption, solid waste management and land use. Draft actions have been prepared for the building blocks which is a critical step in the process. Mapping of land use and natural resources have been completed. Mr. Minis reviewed the next steps and schedule of the local comprehensive plan, this includes reviewing and finalizing drafts with town staff and stakeholders, assembling the draft which includes a public hearing and presentation at Fall Town Meeting. The plan will then be submitted to Cape Cod Commission for certification. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 7 of 8 Office of: Select Board Town Administrator Discuss and Vote on Proposed Policy on Wampanoag Tribal Member Beach Passes Town Project Manager, Conor Kenny, reviewed the memo included in the packet that proposes a policy on offering free beach passes to Wampanoag tribe members. Mr. Kenny had communicated with other Cape towns on their policies that allow Wampanoag tribe members access to their Town beaches. Mr. Kenny reviewed the logistics on how to communicate this proposed policy and implement it using our current system. There is to be a small increase in usage of Town beaches in accepting this policy. Selectperson Bingham moved to accept the proposed as stated. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee- yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Update on Scope of Work and Project Brief for the Cape Cod Sea Camps Comprehensive Planning Process Mr. Lombardi reviewed that the Town contracted with Reed Hilderbrand, a landscape architect firm, to help develop a scope of services for the comprehensive planning process to ensure that the consulting team that the Town hires to help the committees with this work understands the unique and complex elements of these projects and what the Town seeks to achieve. The scope of services has been completed and is included in the packet, there is also a project brief which is meant to give the firms who will be submitting proposals a full sense of what the project entails and what the Towns expectations are. Earlier today, the Town reached out to a select handful of firms, Mr. Lombardi noted that the Town is not required to go through a formal procurement process but wants the best possible team to work with. A request for interested was developed, which looks at both qualitative non-price proposals and the costs associated with support services. Proposals are due July 14th, there will then be a review process with Town Administration, Department of Public Works Director, Natural Resources Director, and Select Board Chair along with the Chair of each of the Sea Camps property committees. There will also be interviews as the Town seeks a team dynamic that will be important in working through the project together. The process is expected to be completed by mid-August. Mr. Lombardi commented that at the end of last week, the Town applied for a $75K State grant, we should be notified in the fall if we receive the grant. Discuss and Vote on Proposed Second Supplemental Intermunicipal Agreement for Tri-Town Septage Health Insurance & Pension Benefits Mr. Lombardi noted that the Town along with Orleans and Eastham have an intermunicipal agreement (IMA) that covers health benefits and pension obligations. The initial IMA expired at the end of the past calendar year, where Brewster has been serving as the lead agent. All three Town Managers have worked through the changes of the updated intermunicipal agreement. Selectperson Hoffman moved that the board vote pursuant to the provisions of General Law Chapter 40, Section 4A to enter into a second supplemental intermunicipal agreement between the Town of Orleans, Brewster and Eastham relative to the health insurance and pension benefits for retirees of the Orleans, Brewster and Eastham groundwater protection district and in accordance with the draft IMA presented in the packet the second supplemental agreement provides for a term of 5 years, from January 1, 2022 to Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.06.2022 www.brewster-ma.gov Page 8 of 8 Office of: Select Board Town Administrator December 31, 2026 and that the Town of Eastham serves as the financial administrator for the extended period. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee- yes, Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. For Your Information: No questions or comments. Matters Not Reasonably Anticipated by the Chair: None Questions from the Media: None Next Meetings: June 13 and July 11, 2022. Adjournment Selectperson Bingham moved to adjourn at 8:14pm. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Selectperson Chaffee-yes, Selectperson Bingham-yes, Chair Whitney-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: TA report, Consent Agenda Items, Meeting De-brief documents, Draft Housing Plan update, LCP update documents, Wampanoag Tribal Member memo, CC Sea Camps Comprehensive Planning documents, Proposed IMA, FYIs. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 1 of 10 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: June 13, 2022 TIME: 6:00 PM PLACE: Remote Participation REMOTE PARTICIPANTS: Chair Whitney, Selectperson Chatelain, Selectperson Hoffmann, Selectperson Bingham, Town Administrator Peter Lombardi, Paul Anderson, Bryan Webb Absent: Selectperson Mary Chaffee, Assistant Town Administrator Donna Kalinick Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 6:00pm and declared a quorum announcing the Select Board members in attendance. Chair Whitney read the meeting participation and recording statements. Public Announcements and Comment: Erin Perry from the Cape Cod Commission shared details and invited the Select Board and Town staff to the upcoming OneCape Summit to be held on August 1st and 2nd. Sessions will focus on housing accessibility and affordability, marine and freshwater quality, mitigate and adapt to climate change and promote sustained economic vitality among many other topics and challenges. Select Board Announcements and Liaison Reports: Selectperson Chatelain commented as member of the Affordable Housing Trust that in the FYI packet on page 161 is information about a virtual community meeting on the Brewster Housing Production Plan. As the Affordable Housing Trust nears the end of the process in updating the 2017 Housing Production Plan, information will be shared at the meeting on June 16th at 6pm. Town Administrator’s Report Mr. Lombardi briefly provided an update that Brewster, like other cities and towns, has been participating in numerous class action suits against various parties related to the prescribing of opioids and the impacts on our communities. Recently, several cases have been settled and funds are now being distributed, for these particular class action suits and settlements, a little over $200M statewide is being distributed, on Cape it is about $8.5M and for Brewster about $270K over the next 17 years. This current year, Brewster is looking at approximately $30K. Town Administration has had internal discussions with the Police and Fire Chiefs and the Health Director about potential opportunities to spend the funds. There will be additional meetings once we have the exact payment amounts. Mr. Lombardi expects the recommendations to be presented to the Select Board in the next several months. Consent Agenda a.Facility Use Request: Paines Creek for Scientific Study on Smooth Cordgrass Genetics and Beach Parking Pass Fee Waiver Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 2 of 10 Office of: Select Board Town Administrator b.Letter of Support for CPC Application for Open Space Acquisition and Authorize Town Administrator and Conservation Commission to Prepare and Submit Applications (Burke Property-0 Anglers Cartway) c.One-Day Liquor License: Kate’s Seafood & Ice Cream and Chatham Bars Inn Farm d.One-Day Entertainment License: Chatham Bars Inn Farm e.Yard Sale Restriction Waiver: Trinity Lutheran Church f.Orleans Council on Aging Adult Day Care Program Intermunicipal Agreement g.Acceptance of Gifts: Brewster Golf Department and Brewster Ladies Library h.Request for Approval to Perform Cell Tower Equipment Modification Work at 1655 Main Street i.Grant Application: Coastal Zone Management Coastal Resilience Program for Intermunicipal Shoreline Management for Southeastern Cape Cod Bay j.Pass Through Town Permission- Brew Run Road Race Mr. Lombardi pointed out that the Town plans on applying for CPC funds and a state land acquisition grant to purchase 0 Anglers Cartway, a 5-acre parcel on the east side of Town. A property that the Select Board has discussed in executive sessions in the past. Mr. Lombardi also thanked the Brewster Ladies Library Association on their partnership with the little free libraries, this is a great concept and implemented well. Selectperson Hoffman moved to approve all items on the consent agenda. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain- yes, Selectperson Hoffman-yes, Chair Whitney-yes. The Board vote was 4-Yes, 0-No. Update on Water Use Restrictions- Paul Anderson, Water Superintendent Paul Anderson reviewed the slide show that is in the packet that reviews the mandatory outdoor water restrictions. These restrictions have been in effect since May 16th, with an odd/even schedule allowing watering between 400am- 8am and 5pm to 9pm. The aquifer is massive and is an incredible resource, but it needs to be replenished annually with rainfall. Mr. Anderson shared that the monitoring well that is located in Nickerson State Park measures how many feet below surface of the ground that the aquifer is at. Noting that in the winter months is when we expect a recharge, however the rain and the snow was not at the levels needed. For this reason, restrictions have been implemented, there is a concern that we continue to see the same trends as in past years. Mr. Anderson reviewed the signs that have been posted around Town regarding the restrictions, these are consistent throughout the Cape. Each town declares their own levels, unless the State declares it for them. Unfortunately, we don’t see it getting better, and have not seen the aquifer rebound the way we have hoped. There was some discussion regarding private wells, in order to regulate these wells there would need to be a bylaw. Mr. Lombardi stated that with other Towns in the Monomoy Lens, in their withdrawal permit when water level gets to a certain point, they have to implement restrictions. Brewster is mirroring these restrictions that are not in our permit. Brewster is trying to take a unified approach across towns in the same shared water resource. Adding that there are exemptions already in other towns who have Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 3 of 10 Office of: Select Board Town Administrator mandatory restrictions per their state permit, and exemptions for certain businesses (golf courses, nurseries, etc.) whose livelihood is on significant use of water. The Town has also applied these to our own odd/even restrictions. Discuss and Vote on Upcoming Public Meeting Schedule/Format for Town Committees (Select Board FY22- 23 Strategic Plan Goal G-4) Mr. Lombardi noted that are situation has not changed, the current state expanded remote participation program is still set to sunset on July 15th, 2022. The Senate included language in their version of the FY23 state budget that would continue the same expanded program that has been in place through December 2023. Noting that this can be a lengthy process and can go beyond the start of the fiscal year. The recommendation is to continue with the same format that we have had for the past 3 months for the first two weeks of July. Options are to meet in person, with no restrictions on the number of people in attendance, meet virtually or in a hybrid format. Public participation would continue to be fully remote, and meetings are televised. Public forums have some flexibility to be public, but there are none scheduled at this time. Starting on Monday July 18th, we will presumably revert back to the former State requirements for remote participation. Hybrid meetings will be an option, but there is no fully remote participation. A majority of the committee and the Chair have to be physically present in Town Hall. Public participation would be in person again, we are hoping and planning to still allow for remote participation from residents since we have the technology. Boards and Committees have had the discretion to meet in either format, once we open public participation to in-person, they will no longer have the decision to allow public participation, there will be less flexibility on this particular element of meetings. Selectperson Hoffman moved to approve the public meeting schedule and format for town committees that is in the memo dated June 10, 2022. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain- yes, Selectperson Bingham-yes, Chair Whitney-yes. The Board vote was 4-Yes, 0-No. Discuss and Vote on Proposed Revisions to Select Board Policies on Remote Board/Committee Participation and Town Government Access Channel (Select Board FY22-23 Strategic Plan Goal G-4) Mr. Lombardi stated that the Board had a policy on remote participation when remote participation was not used often. At the time there were narrow allowances or exemptions for remote participation. Since then, we have invested in the technology and have a platform where remote participation can happen much easier. Assuming that the State’s current expanded remote participation program will sunset, we have developed an updated policy that will comply with the minimum State requirements that had been in place pre-Covid and reflect the technology we have in place. The basic elements of the new policy are: Remote participation is allowed. A quorum of the body must be in person, including the Chair. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 4 of 10 Office of: Select Board Town Administrator Because we have accepted the local option that was offered almost 10 years ago, we have continued discretion to allow remote participation. The Open Meeting Law was updated about 3-4 years ago, initially individual members had to name a reason why they were not going to be present, this is no longer the case, that language has been removed. The Chair must work with their individual committee members to make sure a majority of the committee will be physically present. This will be the responsibility of the Chair. Due to the requirement that the Chair must be physically present, we recommend that Boards and Committees don’t select a Chair who will be regularly attending remotely. The current policy capped the number of meetings that individual members could participate remotely at four meetings, this new policy suggests that they must be physically present for 50% of meetings. For regulatory Boards (Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Historic District Committee and Select Board), they should be physically present for at least 75% of meetings in a given fiscal year. Once in-person attendance to residents is allowed, the Town will do their very best to keep remote participation as an option whenever possible. For the past couple of years, all Board and Committee meetings have been televised, broadcast on Channel 18, and/or live streamed. In allowing remote participation, we propose that that all meetings are broadcast and/or live streamed, which means that all meetings must take place in Town Hall. As a reminder, assuming at least one member of a board/committee is participating remotely, there still needs to be roll call votes. The Select Board discussed the requirements of having members physically present for their meetings, and the number of consecutive meetings that one could participate remotely for regulatory boards. It was clarified that the policy is a total of 4 meetings that can be attended remotely with no more than 2 meetings in a row by remote participation. The intention of these updates is to review participation and how much flexibility can be granted with remote participation. Allowing flexibility offers participation from those who may not have otherwise been able to serve. Selectperson Hoffmann proposed to change the wording of the section “Frequency of Remote Participation” to include that members of regulatory boards must be physically present for either 50% or 75% of “regular” meetings, and not include a time limit on how many meetings can be missed consecutively. Mr. Lombardi clarified that there is an understanding that if one regulatory board ran into a situation where there were many meetings, the special or “off scheduled” meetings would not count towards the threshold. Selectperson Bingham seconded the motion and proposed that next year at this time they communicate with other regulatory committees about the policy. The Board and Town Administration agreed that this policy impacts other committees and residents who volunteer and their feedback is instrumental. However, with the current situation, the Board should adopt Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 5 of 10 Office of: Select Board Town Administrator some version of the of the policy tonight and see what the State does next. Adjustments can then be made if needed and we can have follow-up discussions regarding the policy and then get feedback from Committee Chairs. Selectperson Hoffmann moved to approve the policy as written, to be reviewed by Boards and Committees for feedback in the coming months. Selectperson Bingham second. A roll call vote was taken. Selectperson Chatelain- No, Selectperson Hoffmann-yes, Selectperson Bingham, Chair Whitney- yes. The Board vote was 3-Yes, 1-No. Discuss and Vote on Proposed First Light Beach Policy (Select Board FY22-23 Strategic Plan SC-4) Mr. Lombardi stated that the plan is to open our resident only beach at the Sea Camps Bay property in a few weeks and reviewed the recommended policy that is available in the packet. A few highlights of the proposed policy include: Accessed by residents who have a resident beach pass, entry is through the gates off 6A. Permits will be checked by seasonal recreation staff at the gatehouse. Access will be limited to the number of cars that can fit in the new parking lot, 50 cars. Once lot has reached capacity, the gate will be down, and a sign will be posted on 6A that the lot is closed. Parking is only allowed in the parking lot, no other locations on the property. Lot is open from 8am – 8pm and no new vehicles will be allowed in after 6pm. If vehicles remain in the lot after 8pm they will be towed at the owner’s expense. Pedestrian and bike access; visitors will be asked to check in at the gate house, we will not be checking residency status. Language is included in the policy that if the property is inundated with bike and foot traffic that gives Town employees the ability to restrict access. Access is intended for beach use only, with the exception of our special events that are scheduled for July and August. At Spruce Hill there will be designated parking, and beach parking permits are required for this lot. Request for those who do use this parking lot to use the Spruce Hill path to access the beach, and not use the Sea Camps property. Natural Resources Department will be adding kayak racks and a lottery will be completed for those 18 spots. Other policies are consistent with the Town’s regular beach and landing policies. This is short-term public access for the Sea Camps property, the Bay Property Planning Committee will continue to meet to review long term accessibility. Selectperson Hoffmann moved to approve the Select Board Policy for First Light Beach Residents Only Policy #64. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-Yes, Selectperson Chatelain-yes, Selectperson Bingham, Chair Whitney- yes. The Board vote was 4-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 6 of 10 Office of: Select Board Town Administrator 6:30pm - Public Hearing, Renewal of Entertainment Licenses: BandG, LLC d/b/a Apt Cape Cod, Brewster El Patron d/b/a The Island Blue Crab Food & Spirits, Brewster Inn, Inc. d/b/a Woodshed; Brewster VFW Post #9917; Brown Dog Investments, Inc d/b/a Laurino’s Tavern; Bushwood LLC, d/b/a Harbor Lights Mini Golf; Cape Cod Repertory Theatre; Friends of Brewster Elders/Brewster Council on Aging; Ocean Edge Resort Limited Partnership d/b/a Ocean Edge Inn and Conference Center; Ocean Edge Resort Limited Partnership d/b/a Lynx Tavern; Shady Knoll Tent Sites, Inc. d/b/a Shady Knoll Campground; Sweetwater Forest Inc d/b/a Sweetwater Forest Selectperson Hoffmann moved to open the public hearing to vote on the following annual entertainment licenses pending all financial obligations have been paid to the Town. Selectperson Bingham second. A roll call was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Chair Whitney-yes. The Board vote was 4-Yes, 0-No. Selectperson Hoffmann read the notice of the public hearing. The Select Board directed questions to Bryan Webb, General Manager of Ocean Edge regarding amplified music, Mr. Webb confirmed that there is no amplified music on any terraces throughout the property. There is amplified music at the Bay Pines Pavilion and if there is a tent event on the front lawn. Also, several nights a week throughout the summer, there is amplified music on the front lawn. Mr. Webb stated that Ocean Edge has an internal policy that amplified music must end by 9:55pm, and the front lawn is typically completed by 9:00pm. The policy also includes decibel readings by the manager on duty who monitors the noise level, readings are typically between 52 and 59 decibels. Mr. Lombardi shared that the State had extended their outdoor dining program which supersedes local zoning bylaws and regulations, and this has been extended through April of next year. In summer of 2020, Ocean Edge sought an amendment through the Planning Board to their original Special Permit from 2010 which caps the number of events on the front lawn to 7 events between May and September and no more than 2 events per month between October and April. Their amendment to allow additional events through the Special Event process with the Planning Board ended at the end of last summer, Ocean Edge did not seek an updated version for this summer. Mr. Lombardi noted that in terms of these events, where amplified music takes place on the front lawn, Ocean Edge is limited to 7 events between May and September and no more than 2 events per month October and April. The proposed entertainment license does not seek a specific number of events since it is governed by the Special Permit. In the past the Select Board has approved the entertainment license simply mirroring the requirements or restrictions that exist in the Special Permit. The following residents made comments in opposition to the Ocean Edge entertainment license, Carolyn Noering, Jan Moore, and Canice McGarry. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 7 of 10 Office of: Select Board Town Administrator Chair Whitney provided a recap that the modifications of the Special Permit for the last two summers have now expired, therefore Ocean Edge is limited to seven events May through September on the front lawn and he reviewed the current restrictions on the entertainment license provided in the packet. Selectperson Hoffmann read opposition letters received via email to the Select Board from residents prior to tonight’s meeting. Mr. Webb in response to the letters stated that Ocean Edge does monitor noise levels during all events at various locations on their property as to not upset neighbors, if they receive a complaint, they act upon it immediately. Chair Whitney offered a compromise by suggesting allowing a temporary license from now until the next meeting on July 11th at which time the Select Board will revisit the Ocean Edge entertainment license. Chair Whitney also requested that Mr. Webb provide the Town Administration office a list of all events, including dates and times on the front lawn or Bay Pines Pavilion. Chair Whitney encourages neighbors and Select Board members to visit the neighborhoods themselves during these events. The provisional license will allow seven events, including with outdoor dining, but without entertainment for now. Mr. Lombardi clarified the seven event restriction applies to the Front Lawn. Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney- yes. The board vote was 4-Yes, 0-No. Selectperson Hoffmann moved to approve the entertainment licenses listed in the packet, except for Ocean Edge Inn and Conference Center and El Patron who will not be seeking a renewal, pending all financial obligations have been paid to the town. Selectperson Bingham second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Chair Whitney- yes. The Board vote was 4-Yes, 0-No. Selectperson Hoffmann moved to approve the provisional entertainment license for Ocean Edge Inn and Conference Center, pending all financial obligations have been paid to the town. Provisional License will end on July 11, 2022. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Chair Whitney- yes. The Board vote was 4-Yes, 0-No. Review List of Inactive Town Boards & Committees and Discuss Next Steps Mr. Lombardi stated that through managing the board and committee meetings, there are eight committees that do not meet on a regular basis, if at all. As the Board goes through the annual board and committee reappointment process, it is important to bring this forward to discuss potential next steps. The first four committees are memorialized in the town bylaws, these include the Agriculture Commission, Alewife Committee, Building Needs and Assessment Committee and the Capital Planning Committee. There is more Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 8 of 10 Office of: Select Board Town Administrator information in the memo about the details of each of these committees. For these committees, if the Board were to want to make changes or disband it would require Town Meeting action. The following are recommendations: Building Needs and Assessment & Capital Planning Committee – to bring forward a warrant article to Fall Special Town Meeting to disband. The building needs and assessment committee have not been active in 5+ years and have not met since January 2020. At the last meeting, the Select Board was in attendance to discuss their future. There are currently no active members. The Capital Planning Committee had been reactivated a few years ago and helped to develop a 5-year Capital Improvement Plan. As part of Town Charter, it stipulates these functions will be handled by town staff. The three at-large committee members will not be renewing their roles for another term. Alewife Committee, the individual members are active working at the Mill and with our Natural Resources Department, we need to know from them what support the Town can offer for their work as a committee. This Committee has been in place since 1803 and has served an important purpose over many years. Agricultural Commission has not met in over five years, there are technically four members of a seven-member commission, two of them have not been sworn in, and two are up for re- appointment. There needs to be information to the extent to which there remains a need for this committee to stay in place. The four ad-hoc committees that have been appointed by the Select Board over the years include the All- Citizens access committee, Cable Television Advisory Committee, Hazardous Waste Committee and Library Building Committee. The Hazardous Waste Committee is a staff function, there are monthly public safety team meetings and communication on any ongoing issues, there is no need for this committee to continue. The Cable Television Advisory Committee, primary function is negotiating the license agreement with Comcast and related agreement with Lower Cape TV. These negotiations are now handled by administration staff. The recommendation is to disband both committees. The All-Citizens Access Committee has been around since the mid-80s and remains really important. They had previously been meeting regularly and active, however it might be worth it to review the charge and see if it needs to be refined to meet the current needs of the Town. Based on new information provided by the State regarding the funding for the library project, it will likely be available for FY 2025. We have been unable to locate the charge for the committee, the Town should revisit the composition and refocus the efforts. The Select Board will continue to discuss the future of these committees at upcoming meetings. Status Update on Financing Options for Integrated Water Resource Capital Planning and Vote on Short- term Plan for Brewster’s Participation in Cape Cod & Islands Water Protection Fund (Select Board FY2-23 Strategic Plan Goal WR-1) Mr. Lombardi noted the policy and cost implications are significant and there have been a fair number of recent major developments which include: Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 9 of 10 Office of: Select Board Town Administrator The Cape Cod and Islands Water Protection Fund (CCIWPF) board has officially approved authorization of using the funds for the Cape Cod Commission to provide technical assistance to Brewster and potentially other towns to determine SRF eligibility of the proposed innovative alternatives or other non-traditional wastewater projects. The scope of services is included in the packet and is expected to take six months. Kick-off meetings are scheduled in the next couple of weeks with Cape Cod Commission staff. The goal is to clearly understand the extent to which we can access not only the SRF funds, but the all-important water protection fund subsidy for some or any of the projects. Mr. Lombardi noted it is critical to understand how we will finance the projects and our continued participation in the CCIWPF. Earlier this spring the EPA announced a major new grant program, almost $2.5M for two projects through their SNAP program. This is to develop a pilot program to create regional responsible management entities (RMEs) to deal with the financing, administration, and oversight of these decentralized septic systems and IA systems on private property. Brewster will be providing a letter of support for the county’s application. This would mean that the county would be available as a resource if Brewster were to move forward with the IA systems, in managing them administratively (monitoring, testing and compliance). The county has been looking at making changes to the existing septic loan program, the draft recommendation is provided in the packet. Changes include looking at reducing or eliminating interest fees as well as looking at providing loan forgiveness for income eligible homeowners. For residents who want to convert septic system to an IA system, to qualify under the loan program, they have to document they have a failed system. With the new proposed Title V regulations, we could look at whether some combination of state regulations and/or related local regulations could help systems, particularly around our ponds to be eligible for this program in a way they haven’t before. Included in the FY22 supplemental budget, is $200M where a portion is anticipated to be directed to the CCIWPF and some other amount is intended to help fund the septic loan program, the amounts are unknown at this point. Mr. Lombardi stated that the full board of the CCIWPF voted to appropriate $27M from the fund to the eight SRF eligible projects on the intended use plan. Adding it is important to note the Executive Board heard a report earlier this spring that the actual subsidies in the first 2 years of the program have well exceeded the benchmarks and expectations that the actuarial used to develop their projections for the fund. The good news is that the Town is set to receive a major infusion of funding from the State. If this didn’t work out, the board is aware that their program of 25% subsidy doesn’t work based on the revenues brought in on the short-term rental tax. The commission has asked all member towns to provide a 5-to-10-year capital plan to understand what anticipated demands on the fund will be. Mr. Lombardi noted that the Town is meeting with DEP staff in the next month or so to provide feedback on the proposed changes to the Title V regulations, specific to nitrogen sensitive watersheds on Cape. Proposed towns would have to enter into a 20-year wastewater permit, potentially with other towns, or to require all septic systems within the watersheds to upgrade to IA technology within 5 years, this is a tremendous Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Select Board 06.13.2022 www.brewster-ma.gov Page 10 of 10 Office of: Select Board Town Administrator undertaking. The Town needs to know how the new regulations interact with our current Pleasant Bay permit and if they were to come online and be adopted, what this would mean for our requirements for the Herring River watershed. The Town has devoted a lot of attention and resources to this area and will continue to work closely with Harwich to develop a plan to address those issues. Selectperson Bingham moved that the Board rescind the previous vote to place an article on the upcoming warrant. Selectperson Hoffmann amended the motion to include postponing any decision regarding membership into the CCWIPF to a later date. Selectperson Chatelain second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Chair Whitney- yes. The Board vote was 4-Yes, 0-No. For Your Information: No comments or questions. Matters Not Reasonably Anticipated by the Chair: None Questions from the Media: None Next Meetings: July 11, July 25, July 27 (annual retreat), August 8, and August 22, 2022 Adjournment Selectperson Bingham moved to adjourn at 8:34pm. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann-yes, Chair Whitney- yes. The Board vote was 4-Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: TA report, Consent Agenda documents, Water Use Restriction PowerPoint, Public Meeting Schedule/Format memo, Revisions to Select Board Policies, First Light Beach Policy, Yearly Entertainment License documents, Inactive Boards and Committees, Integrated Water Resource Capital Planning Documents, FYI documents. Archive d: Wednesday, July 6, 2022 2:49:52 PM From: Lynn St. Cyr Se nt: Thu, 23 Jun 2022 13:11:02 +0000Authentication To: Erika Mawn Cc: Jonathon Idman; Madalyn Hillis-Dineen; Rob Michaels; Charlotte Degen; Kari Hoffmann; Amy von Hone; Beth Devine Subje ct: Planning Board Representative and Alternate to Water Q uality Review Committee Se ns itivity: Normal Good morni ng Eri ka, At their meeti ng l ast night, the Pl anning Board voted (7-0) to recommend the Select Board appoint Robert Michaels as the Planni ng Board re presentati ve to the Wate r Quality Re view Committee and Charlotte Dege n as the Planni ng Board al ternate to the Water Quality Revie w Commi tte e . The posi tion has be e n vacant si nce Roberta Barre tt’s resi gnation in December 2021. Thank you and take care, Lynn Lynn St. Cyr Senior Department As s is tant, Planning Department Town of Brews ter 2198 Main Street, Brews ter, MA 02631 T: 508-896-3701 x1233 Beginning March 21st, Brewster Town Offices will be open to the public Monday through Thursday from 8:30am t o 4:00pm, and by appointment on Friday s. For the latest updates on Town services, please visit www.brewster-ma.gov. The Commonwealth of Massachusetts Town of Brewster To Charlotte Degen We, the Select Board of Brewster by virtue of the authority in us vested by the laws of the Commonwealth, do hereby appoint you as alternate to Water Quality Review Committee For a 1-year term, expiring June 30, 2023 Given at Brewster this 11th day of July 2022  Recorded A.D.   Attest:Town Clerk   The Commonwealth of Massachusetts Town of Brewster To Robert Michaels We, the Select Board of Brewster by virtue of the authority in us vested by the laws of the Commonwealth, do hereby appoint you to Water Quality Review Committee For a 1-year term, expiring June 30, 2023 Given at Brewster this 11th day of July 2022  Recorded A.D.   Attest:Town Clerk   Archive d: Wednesday, July 6, 2022 2:50:06 PM From: Lynn St. Cyr Se nt: Thu, 23 Jun 2022 12:56:09 +0000Authentication To: Erika Mawn Cc: Jonathon Idman; Madalyn Hillis-Dineen; Alex Wentworth; Kari Hoffmann; Hal Minis; Ellen Murphy Subje ct: Planning Board Representative to Vision Planning Committee Se ns itivity: Normal Good morni ng Eri ka, At their meeti ng l ast night, the Pl anning Board voted (7-0) to recommend the Select Board appoint Al exander Wentworth to the V i si on Planni ng Commi tte e . Al e x would be the Planni ng Board’s second member on the VPC filling the positi on vacated by Paul Wal l ace at the end of his Pl anning Board term. Thank you and take care, Lynn Lynn St. Cyr Senior Department As s is tant, Planning Department Town of Brews ter 2198 Main Street, Brews ter, MA 02631 T: 508-896-3701 x1233 Beginning March 21st, Brewster Town Offices will be open to the public Monday through Thursday from 8:30am t o 4:00pm, and by appointment on Friday s. For the latest updates on Town services, please visit www.brewster-ma.gov. The Commonwealth of Massachusetts Town of Brewster To Alexander Wentworth We, the Select Board of Brewster by virtue of the authority in us vested by the laws of the Commonwealth, do hereby appoint you to Vision Planning Committee For a 3-year term, expiring June 30, 2025 Given at Brewster this 11th day of July 2022  Recorded A.D.   Attest:Town Clerk   Archive d: Wednesday, June 22, 2022 8:44:09 AM From: Heath Eldredge Se nt: Wed, 22 Jun 2022 11:53:27 +0000Authentication To: Mary Chaffee Cc: Erika Mawn Subje ct: RE: Request for Permission for Main Street Yard Sale Se ns itivity: Normal Mary, As I recal l the yard sal e in 2019 was very well operate d and did not result in any adverse impacts on traffi c. That being the case , I would have no obje ction to a one-time e xempti on to the exi sting restri ction for July 30th , wi th a July 31s t rai n date. Al l The Best, -Chi e f Eldre dge- From: Mary Chaffee Se nt: Tuesday, June 21, 2022 4:49 PM To: He ath El dredge <he l dredge @brewster-ma.gov> Cc: Eri ka Mawn <emawn@brewster-ma.gov> Subje ct: Re que st for Permi ssi on for Main Street Yard Sal e Chief El dredge , We woul d like to hold a yard sale at our home on Saturday, Jul y 30 (rai n date July 31) and re que st your permi ssi on since we are on Mai n Stre e t and i t i s afte r Memori al Day. We understand State l aw prohi bi ts parking on the side of Route 6A. We have e xte nsi ve off-street parki ng availabl e and had no issues when we l ast held a sal e in 2019. We wi l l use “No parki ng” si gns along the road and wi l l limit sal e hours to 0800-1130am. Thanks for consi de ring thi s. I’m copying Erika Mawn in the Town Administrator’s office for furthe r acti on. Best, Mary _____________________ Mary Chaffee 1554 Main St. Bre wste r, MA 02631 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 NUMBER 2021-ODL – 46 2022-ODL-#23 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 Public Farm to Table Dinner for CBI Guests Only At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Wednesday July 13, 2022; 4:30pm – 9:00pm Date Issued: July 11, 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-#24 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 for CBI Guests Only At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Tuesday July 19, 2022; 5:30pm – 9:00pm Date Issued: July 11, 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- #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 ENTERTAINMENT LICENSE PERMT TO ALLOW: Acoustic Music For a private Farm to Table Dinner for CBI Guests Only At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Tuesday July 19, 2022; 5:30pm – 9:00pm Date Issued: July 11, 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-#25 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 Public Farm to Table Dinner At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Wednesday July 20, 2022; 4:30pm – 9:00pm Date Issued: July 11, 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- #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 ENTERTAINMENT LICENSE PERMT TO ALLOW: Acoustic Music For a private Farm to Table Dinner for CBI Guests Only At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Monday July 25, 2022; 6:00pm – 9:00pm Date Issued: July 11, 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-#26 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 for CBI Guests Only At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Monday July 25, 2022; 6:00pm – 9:00pm Date Issued: July 11, 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-#27 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 Public Farm to Table Dinner At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Wednesday July 27, 2022; 4:30pm – 9:00pm Date Issued: July 11, 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-#28 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 for CBI Guests Only At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Friday July 29, 2022; 5:00pm – 10:00pm Date Issued: July 11, 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- #20 FEE $35.00 Town of Brewster Local Licensing Authority This is to certify that: Chatham Bars Inn Farm IS HEREBY GRANTED A ONE-DAY ENTERTAINMENT LICENSE PERMT TO ALLOW: Acoustic Music For a Private Farm to Table Dinner for CBI Guests Only At the following address: 3038 Main Street, Brewster, MA 02631 This one-day permit is effective on: Friday July 29, 2022; 5:00pm – 10:00pm Date Issued: July 11, 2022 Select Board __________________________ __________________________ __________________________ __________________________ __________________________ Office of: Select Board Town Administrator List of Friends of Brewster Dog Park, Inc. gifts to the Town of Brewster Agway Plantings Trees and Shrubs $7,520.19 8 Biscuit Benches from Tree Top Products $7,970.12 2 Misting Hydrants from Dog-on-it-Parks $3,561.50 1 Reeds Ferry Shed 12’ x 16’ 11,326.50 Hand Carved “Welcome to Brewster Dog Park” sign + Double Sided “Brewster Dog Park” sign + directional sign $2,592.50 13 signs from Perma-Line $1,259.55 5 Mutt Mitt Dispensers $1,149.95 Large Vertical Message Board + Extra Large Message Center + Top Dog Slide + Top Dog Bridge From Tree Top Products $7,553.77 2 MDF 300 Surface Mounted Stainless Steel Canine Water Fountains with locking bibbs $6,955.00 Total $49,889.08 BREWSTER POLICE DEPARTMENT Chief Heath J. Eldredge 631 Harwich Road Brewster, Massachusetts 02631 Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513 “In Partnership With Our Community” MEMORANDUM TO: Brewster Select Board FROM: Chief Heath J. Eldredge HJE RE: Police Rules and Regulations DATE: 07/06/2022 Attached for your approval are updated rules and regulations for governing the Brewster Police Department. In addition to department policies, the rules and regulations of the department help guide the day-to-day supervision of the police department. Any changes to the rules and regulations must be approved by the Select Board before going into effect. This document was last updated in 2008. In addition to correcting some minor typos, I have worked with a committee to make some overdue updates to the personal appearance section. Specifically, we are now allowing officers to have tattoos that can be visible while they are in uniform, and we are allowing officers to have neatly trimmed facial hair. Outdated views on tattoos and facial hair have been an obstacle to having a more diverse candidate pool when trying to recruit and hire the best possible person to serve as police officer in Brewster. With more and more people from all walks of life choosing to express themselves through tattoos, allowing our officers to do the same (within reason) can help make them more relatable to the community they serve. A policy governing displaying tattoos has been created in our policy and procedure manual to assure that they are in “good taste” and do not reflect poorly on the department or the town. Facial hair, that used to be associated with outlaws and fringe members of society, has become far more mainstream. Additionally, there are some religious and cultural communities that encourage or require their members to wear beards. The adjustment to this section of the rules and regulations will assure that we are not being discriminatory towards those communities. Lastly, we have cleaned up some of the language within the rules and regulations to make it more gender neutral by eliminating the strict he/him reference when referring to an officer. We have been fortunate to have female officers as part of the department for decades, and this document will now more appropriately reflect that. Brewster Police Department Rules and Regulations 1 Oath of Office All persons selected for appointment as police officers for the Police Department shall take and subscribe to the following Oath of Office prior to commencing their duties: I, , do solemnly swear that I will bear true faith and allegiance to, and will uphold and defend, the Constitution of the United States of America and the Constitution of the Commonwealth of Massachusetts and that I will fairly and equitably execute and enforce the laws thereof, within the extent of my authority and jurisdiction, I, , do solemnly swear that I will faithfully and impartially discharge and perform all of the duties incumbent on me as a police officer of the Brewster Police Department, and I will obey and be bound by such rules and regulations as now are, or may be, from time to time, established for the government of the Brewster Police Department. I, , hereby accept the position of Police Officer in the Police Department of the Town of Brewster. Brewster Police Department Rules and Regulations 2 Code of Ethics As an employee of the Brewster Police Department, my fundamental duty is public service. I am committed to my role as all of us at the Brewster Police Department work to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of liberty, equality, and justice for all. I will keep my private life unsullied as an example to all; maintain calm, treat all others with respect and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. I will do my job courteously and appropriately without fear or favor, malice, or ill will, never employing unnecessary force or violence and never accepting gratuities. I accept my position as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself to my chosen profession in public service through law enforcement. Brewster Police Department Rules and Regulations 3 Section I - Rules and Regulations A. Introduction B. Definitions C. Professional Responsibilities D. Conflict of Interest E. Orders F. Required Conduct G. Prohibited Conduct: H. Uniforms and Appearance I. Department Property and Equipment J. Accountability and Discipline Brewster Police Department Rules and Regulations 4 A. Introduction The following Rules and Regulations are adopted for the government of the Police Department and for the direction and guidance of its officers. Personnel guidelines are a necessity in any organization if it is to effectively achieve the purposes for which it is established. This is particularly true in a police agency where the reputation of the organization is fundamentally dependent upon the personal conduct and professional competence of its individual officers. Although this Manual is especially directed to the officers of the police department, it is expected that all civilian employees will adhere to, and be guided by, all rules, regulations, and procedures consistent with the positions they hold and with their duties and functions in the department. The delivery of police services to a community is a unique and complex undertaking. Police officers are granted substantial power and authority. Police officers must maintain a high degree of stability, sound judgment, physical and moral courage, fidelity, and personal integrity. It requires that police officers conduct themselves at all times within the limitations of their police authority. They must not act outside of, above or beyond their lawful authority. Any abuse of their police powers would erode the public trust of this agency. The department recognizes that its officers have certain basic personal rights and therefore it restricts those rights only when necessary to ensure the integrity of the department and its personnel and to insure that the highest quality of police services are maintained. At a minimum, officers are required to obey all lawful statutes as well as regulations established by the department. It should not be expected that the contents of this Manual of Rules and Regulations will cover all situations or emergencies that may arise. By the very nature of police work, police officers in the field must perform their duties independently and with a minimum of direct supervision. Their own intelligence, practical experience, prudent discretion, and common sense will often be their only available guidelines in carrying out their responsibilities. All officers are expected to be thoroughly familiar with the contents of this manual and all revisions and amendments thereto. To serve its intended purpose, this Manual will be periodically reviewed and updated to meet current needs and requirements. All officers and employees are invited and encouraged to forward suggestions for the improvement of department operations, practices, and procedures, in writing, through department channels, for the attention of the Chief. These Rules and Regulations shall become effective on date of issuance and shall remain in full force and effect until amended or rescinded. All previous rules, regulations, orders, directives, policies, or procedures, inconsistent herewith, are hereby revoked. If any part of these Rules and Regulations are rendered inoperable, in conflict with the Brewster Police Union’s CBA or declared illegal, by any court or governmental agency of competent jurisdiction, the balance of the entire Manual will remain in full force and effect. Brewster Police Department Rules and Regulations 5 B. Definitions Area A particular geographical area of the community, designated for police patrol purposes, with uniformed officers assigned in distinctively marked, radio-equipped motor vehicles. Assignment A specifically established or prescribed police duty requiring the person so directed to perform a certain police task or tasks. Chain of Command The unbroken line of authority extending from the Chief through the officer in command at each level of department operations. Chief of Police The executive head of the Police Department. Commanding Officer An officer assigned to command and direct any functional unit or subdivision of the department and responsible for its efficient operation. Department The Police Department as organized and staffed to achieve its purposes and objectives. Detail A police assignment composed of one or more officers, for a specific purpose. Division A subdivision of a bureau, organized for general police service or for specialized police activity. Duty The obligation to perform police action or service Employee A civilian employee of the department who is not sworn to perform the duties of a police officer Force The membership of the department possessing police powers. Grammatical Whenever the context of this Manual requires, the use of the masculine Construction gender will include the feminine and, when applicable, the use of the singular will include the plural. Incompetence Being incapable of the satisfactory performance of police duties, which may include a lack of initiative, diligence, and sound judgment, ability to take decisive action or any other trait which demonstrates incapacity or ineptness in the performance of assigned tasks. Manual The Department Manual of Rules and Regulations, including any amendments and additions thereto, as promulgated by the Chief. Member A sworn police officer duly appointed to perform law enforcement duties requiring police powers. Officer A sworn member of the police force having the power and authority of a police officer, regardless of rank or assigned duties. Officer-in-Charge The officer in command of any functional unit or subdivision of the department at any given time; or the officer in charge, and responsible for, any police action or operation. Official Channels The department chain of command. Organization The structure of the department consisting of major functional units and subdivisions grouped according to similarity of purpose and operational responsibilities. Patrol Officer A duly appointed and sworn police officer, who serves at the first or entrance level of the department structure. Brewster Police Department Rules and Regulations 6 Platoon A group of officers comprising the work force of the department for a particular tour of duty containing its own supervisory and command officers. Post A fixed point or location to which an officer or employee is assigned to duty. Rank The relative position of each officer of the police force, classified by grade and title. Ranking Officer The officer having the highest rank or grade on duty at a particular time and place. Relieved from Duty The official act of temporarily removing an officer from street or field duty, with pay, for a specific purpose. Superior Officer An officer of the police force who has been promoted to administrative or supervisory responsibilities. Suspension The official act of temporarily removing an officer from all police duties, without pay, for a specified period of time, for violation of department rules, regulations, orders or directives. Tour of Duty A regularly established work period to which individual officers are assigned. Uniform of the Day The police uniform specifically designated by the Chief to be worn by all uniformed officers at particular times and occasions. C. Professional Responsibilities The police are the most visible and most readily accessible representatives of local government. They respond to calls for assistance of a diversified nature and are expected to resolve a wide variety of community problems, as they occur. To accomplish these purposes, the professional responsibilities of the police, within their area of jurisdiction, include the following functions: 1. The protection of life and the safeguarding of property; 2. The prevention and control of crime; 3. The investigation of crime, the apprehension of criminal offenders and the recovery of stolen property; 4. The preservation of the public peace and good order; 5. The enforcement of statutes, ordinances and by-laws within the police area of responsibility; 6. The immediate response to public emergencies; 7. The performance of such other police related services required by the community; 8. The advancement of a cooperative relationship with the general public; 9. The creation of a sense of safety and security for the entire community through vigilant preventive patrol; and 10. The accomplishment of all police objectives, while protecting the Constitutional rights of all citizens. Brewster Police Department Rules and Regulations 7 D. Conflict of Interest Since the position of a police officer is a public trust, it is imperative to avoid any situation involving a conflict of interest whether in fact or in appearance. 1. Membership in Organizations – Officers of this department shall not affiliate with or become a member of any organization if such affiliation or membership would in any way impede or prevent their effective performance of duties. 2. Outside Employment – Officers shall not engage in outside employment without notifying the Chief in writing. All personnel engaging in outside employment should clearly understand that their primary obligation is to the Police Department and the community they serve. The Chief may deny permission for an officer to work an off-duty job if: (a) such employment will impair the efficiency of the officer or the operation of the Department, (b) such employment may affect the officers’ judgment or action in the performance of police duties, (c) such employment would bring the officer or the department into disrepute, (d) will create a conflict of interest or the appearance of one. 3. Political Activities – Participation in political activities while in uniform or on duty is prohibited. All actions which could even give the impression that officers are using their official positions to influence the electoral process are to be avoided. An officer or employee shall not be required to solicit or be obliged to make contributions in money, services, or otherwise, for any political purpose. Officers and employees who become candidates for salaried elective office shall take a leave of absence without pay. Such leave shall encompass both the campaign and the tenure of office if elected. Nothing in this rule shall be construed to mean that department personnel are restricted in any way from exercising their constitutional rights as citizens in the political or electoral process. 4. Gifts and Gratuities – Officers and employees shall not seek, solicit or accept any gift, gratuity, loan, reward or fee where there is any direct or indirect connection between the solicitation or acceptance and their departmental membership or employment, except as may be specifically authorized by the Chief. Officers shall not violate the Massachusetts Conflict of Interest Law, MGL 268A. Officers and employees must be especially guarded in their official relationship with persons holding or seeking to hold licenses issued by local licensing authorities who might expect or seek preferential police treatment. Any unauthorized gift, gratuity, fee, reward or attempted bribe offered to or coming into the possession of any officer shall be forwarded immediately (or reported in the event of an attempt) to the Chief, together with a written report of the circumstances involved. 5. Testimonials and Presents – No officer or employee of the department shall collect or receive any money or other thing of value from any source for the purpose of making a present to any active officer or employee of the department unless specific permission is granted by the Chief. No officer or employee of the department shall seek or accept such present without the permission of the Chief. Brewster Police Department Rules and Regulations 8 It will be noted that under the provisions of General laws, Chapter 268, Section 9A, no person shall sell tickets or solicit contributions for a testimonial dinner or similar function for any person in active employment in any law enforcement agency or regulatory body of the state or any city or town. 6. Unauthorized Transactions – Officers and employees are prohibited from entering into any transactions of material value at substantially lower than fair market value, or the value at which such goods or services are being offered to the general public, when such transaction takes place between themselves and any person or entity residing or doing business in the Department’s jurisdiction, or any person involved in any matter or case which arose out of their employment with the department, except as may be specifically authorized by the Chief. 7. Use of Official Position – Officers shall not use their official position, department identification cards or badges; (a) for personal or financial gain; (b) for obtaining privileges not otherwise available to them except in the performance of duty, or (c) for avoiding consequences of illegal acts. Officers shall not lend to another person their identification cards or badges or permit them to be photographed or reproduced without the approval of the Chief. Officers shall not authorize the use of their names, photographs, or official titles which identify them as police officers in connection with testimonials or advertisements for any person, commodity, or commercial enterprise, without the approval of the Chief. E. Orders An order is a command or instruction, written or oral, given or issued by a Superior officer. All lawful orders, written or oral, shall be carried out fully and in the manner prescribed. 1. General Orders – General Orders are permanent written orders issued by the Chief of Police outlining policy matters which affect the entire department. (See Department Policies and Procedures Manual). 2. Unlawful Orders – No superior officer shall knowingly issue any order which is a violation of any law, ordinance, or departmental rule. Obedience to an unlawful order is never a defense for an unlawful action; therefore no officer or employee is required to obey any order which is contrary to Federal, State or local laws. Responsibility for refusal to obey an unlawful order rests with the officer or employee to whom such order was given. He or she shall be strictly required to justify such action. 3. Unjust or Improper Orders – When lawful orders which appear to be unjust or improper are given, the officer to whom the order is given shall respectfully notify the superior officer issuing such order of its impropriety. If the order is not corrected, then the order is to be carried out. After carrying out the order, the officer to whom the order was given may file a written report to the Chief via the chain of command indicating the circumstances and the reasons for questioning the order, along with a request for clarification of departmental policy. An officer Brewster Police Department Rules and Regulations 9 who performs an order found to be unjust or improper by the Chief will not be held responsible for carrying out such order. 4. Conflicting Orders – Should any order be given by a superior officer conflict with any previous departmental order, the officer to whom such order is given will call attention to the conflict. If the superior officer does not change their order to avoid such conflict the order will be obeyed, but the officer obeying such order will not be held responsible for disobedience of the previous order. It should later be reported to the Chief in writing for clarification. 5. Complying with Instructions from Radio Dispatcher – All messages transmitted over the police radio system by any officer or employee shall be direct and concise and shall conform to all departmental radio procedures and the rules and regulations of the Federal Communications Commission. No officer shall fail to obey or refuse to take cognizance of any communication transmitted by the Radio Dispatcher, unless directed to do so by a superior officer. 6. Effectiveness of Orders – All general orders, special orders, directives, memoranda, or other orders in writing that have been approved or authorized by the Chief, shall have the force and effect of a departmental regulation and shall be obeyed as such. 7. Relayed Orders – All lawful orders which have been relayed from a superior through an officer of equal or lesser rank shall be obeyed as if they were received directly from the superior officer. Brewster Police Department Rules and Regulations 10 F. Required Conduct In addition to the specific duties of each individual rank and assignment, as set forth in Section II of this Manual, the following provisions are applicable to all officers and employees of the department insofar as they are pertinent to their particular functions and responsibilities. 1. Furnishing Assistance – Officers shall furnish police assistance to all law enforcement agencies making such request, consistent with their police duties and assignments. They shall assist and cooperate with all other law enforcement agencies and submit a report on all such action taken. 2. Awareness of Activities – Every officer of the force shall familiarize themself with all the laws, statues, ordinances and regulations necessary for the proficient execution of their duty as a police officer. 3. Civil Disputes – All officers shall take a neutral position in any dispute of a civil nature, acting only to prevent or control any breach of the peace that may arise. 4. Civil Suits for Personal Injuries –Officers shall not seek in any way, nor accept from any persons, money or compensation for damages sustained or expenses incurred by them in the line of duty without first notifying the Chief of Police in writing. Officers who have received municipal salaries for illness or for personal injuries sustained off duty shall notify the chief of Police in writing of any intent to seek, sue, solicit, or accept compensation as damages for such illness or injury. Notice shall be filed before the action is taken which shall include the facts of the claim and the name of the defendant. The Chief shall be kept informed of the status of the case and the final court determination. This provision shall not apply to private insurance policies held by officers for which premiums are not paid in part or in whole by the municipality. 5. Departmental Communications – All officers shall transmit all official communications promptly, accurately and completely to other officers of the department as required and shall immediately inform their commanding officer of any matter of police importance coming to their attention during their tour of duty, or otherwise. They shall call to the attention of their relieving officers any information regarding unresolved problems or problems that may arise during the next tour of duty. 6. Courtesy – All officers shall be courteous and considerate to the public, to their superior officers and to their fellow officers of the department. They shall be tactful in the performance of their duties and are expected to exercise the utmost patience and discretion even under the most trying circumstances. 7. Defects in Streets or Roadways – Every officer shall observe and forthwith report to the Officer-in-Charge any defect, obstruction or nuisance in the streets, sidewalks or other public areas which may cause a hazard to the general public or create a civil liability upon the community. Appropriate notification shall be made to the radio dispatcher for more immediate remedial action where necessary. Brewster Police Department Rules and Regulations 11 8. Attention to Duty – All officers shall at all times be alert and vigilant in the performance of their duties and respond prudently but decisively when police action is required. Recreational reading will not be permitted while on duty. 9. Devotion to Duty – All officers, while on duty, shall devote their full time and attention to the service of the department and to the citizens of the community. They shall remain awake and alert at all times while on duty. 10. Duty Outside of the Community –Any such request for assistance from other cities and towns, and the approval for such assistance, must be acted upon in accordance with MGL Chapter 41, Section 99. The officers of the department, so detailed, shall have the authority of a police officer in that city or town and shall have the same immunity and privileges as when acting within their own community. 11. Reporting for Duty – All officers shall report for duty promptly at the time and place required by their assignment or as otherwise directed by the Chief or their commanding officer. They shall be properly uniformed and suitably equipped, ready to immediately assume their duties. While on duty they shall avoid any activities not directly related to their police responsibilities and shall not absent themselves from duty without leave. 12. Duty Status – Although officers of the force are assigned specific hours of regular duty, for the preservation of the public peace and the protection of life and property, they shall be prepared to take all reasonable police action to accomplish this purpose. All serious matters of public concern shall be reported to the department immediately, even though an officer is not on duty at the time. 13. Care and Security of Firearms – All officers shall maintain their service firearms in good working order at all times and report any damage, loss or unserviceable condition immediately to their commanding officer. All officers shall be personally responsible for the security and safekeeping of their service firearms at all times and shall not alter or repair any part of their service firearms without the approval of the Chief or their commanding officer. 14. Home Address and Telephone – All officers and employees shall have a phone where they can be reached, and shall report any change of phone number or home address to their commanding officer within 24 hours of such change. The home or cell phone numbers or home addresses of officers shall not be given out to anyone outside of the department without the authorization of the officer. In the event of an emergency request, the phone number will be called with a notification to call the person making the emergency request. 15. Identification – All officers shall property identify themselves to any person requesting this information, while they are on duty, except when the withholding of this information is necessary for the performance of police duty, when it might jeopardize the physical safety of a department member, or when authorized not to do so by proper authority. Under General Laws, Chapter 41, Section 98D, every full-time police officer is required to carry an official identification card to be shown to the public upon lawful request. 16. Knowledge of the Community – Every officer shall familiarize themself with the geography of the community, including routes of public transportation, the location of streets, highways, bridges, public buildings and places, hospitals, courts, Brewster Police Department Rules and Regulations 12 transportation offices and stations, prominent or important office buildings, large industrial plants or commercial establishments, and such other information as may be disseminated by their superior officers from time to time. 17. Leaving the Community – Whenever it is necessary in the performance of duty for an officer to leave the limits of the community and to enter another city or town, the officer shall inform their commanding officer or the dispatcher prior to leaving and again upon return. If an emergency prevents following this procedure, the officer must contact their commanding officer as soon as possible. In all such cases, a subsequent report will be submitted, in writing, to the attention of the Chief, and to include the circumstances, the reasons for leaving the community and the period of absence. 18. Line-of-Duty Disability – Any injury, illness or disability incurred in the line of duty shall be reported immediately, in writing, by the officer concerned to their Commanding Officer who shall immediately notify the Chief of Police or their designee. Final disposition as to line-of-duty injuries, illnesses or disabilities shall be made by the Chief after consultation with a physician. In each case of illness, injury or disability incurred in the line of duty, no officer shall be returned to duty until their ability to be placed on full duty status is certified by proper medical authority. Light duty may be approved by the Chief at his/her discretion. 19. Mutual Protection – All officers shall come to the immediate aid, assistance or protection of fellow officers who, in the performance of their duties, require such aid and assistance. 20. Paid Details – G.L. c.44, s.53C requires that all payments for paid details must be channeled through the Treasurer’s Office. No officer shall accept compensation directly from such private employers for paid details. 21. Personal Appearance – All officers shall be neat and clean in appearance while on duty, whether in or out of uniform, and they shall maintain police quarters, lockers, desks and vehicles used by them in a neat, clean, orderly condition. 22. Personal Relationships – All officers shall be considerate and polite at all times to all department personnel and maintain good relations with their superiors and their fellow officers in a spirit of mutual concern for their common objectives. 23. Fitness for Duty –All officers shall maintain good physical condition. All officers are expected to keep themselves as physically fit as their age permits and the nature of their duties requires. Officers will maintain an active Massachusetts driver’s license and maintain the ability to lawfully carry a firearm in Massachusetts. An officer shall submit to a physical, medical or psychological examination, at the expense of the department, when so ordered by the Chief, whenever there is reason to question the officer's physical or psychological fitness for duty. 24. Public Appearances – All requests for public appearances or speaking engagements by officers, on the subject of department operations or policies, shall be submitted to the Chief for approval. Officers who are approached directly for this purpose shall suggest that such requests be forwarded directly to the Chief. 25. Submitting Reports – All officers shall promptly and accurately complete and submit all reports and forms as required by departmental procedures. Brewster Police Department Rules and Regulations 13 26. Trials and Hearings – All officers concerned with cases before the courts, grand jury or hearing boards shall be punctual in attendance. All officers shall have the cases in which they are concerned properly prepared; their witnesses shall be present and their evidence suitably arranged for presentation to the court, grand jury or hearing board. They shall afford the utmost respect toward the court, officers of hearing boards and members of the jury. When presenting evidence or testimony they shall speak calmly and explicitly in a clear, distinct and audible tone so as to be easily understood. They shall give evidence with accuracy and shall neither suppress nor overstate the slightest circumstance with an intention of favoring any person or projecting ill-will to either the complainant or the defendant. When cross-examined by a defense attorney, they shall answer with the same civility and readiness as when giving testimony in support of the prosecution. 27. Truthfulness – An officer shall truthfully state the facts in all reports as well as when they appear before any judicial, departmental or other official investigation, hearing, trial or proceeding. Officers shall cooperate fully in all phases of such investigations, hearings, trials and proceedings. G. Prohibited Conduct The following acts, actions or activities by department personnel are prohibited or restricted: 1. Conduct Unbecoming an Officer – The commission of any specific act or acts or immoral, improper, disorderly or intemperate personal conduct which reflects discredit upon the officer themself, upon their fellow officers or upon the Police Department. 2. Criminal Conduct – The commission of any felony or misdemeanor, or the violation of the criminal laws or statutes of the United States or of any local jurisdiction. Any officer who knows that another employee has committed a criminal offense shall report that information to the Chief of Police. Confidentiality shall be assured for any employee who provides information about such serious misconduct. 3. Department Property, Abuse of – Intentionally or negligently abusing, misusing, damaging or losing Police Department property or equipment. 4. Department Vehicles, Use of – Officers shall not use any department vehicle without the permission of a Commanding Officer, or drive any department vehicle to which they have not been assigned, except in an emergency. Department vehicles shall not be used for personal business or pleasure. 5. Discourtesy – Being rude, impolite, contemptuous or insolent to a superior officer, to a fellow officer or to a member of the public. 6. False Information on Records – An officer or employee shall not make or submit any false or inaccurate reports or knowingly enter or cause to be entered into any departmental books, records or reports, any inaccurate, false or improper information. Brewster Police Department Rules and Regulations 14 7. Feigning Illness or Injury – An officer shall not feign illness or injury, falsely report themself ill or injured, or otherwise deceive or attempt to deceive any superior officer as to the condition of their health. 8. Improper Associations – Officers and employees shall avoid regular or continuous associations or dealings with persons whom they know, or should know, are persons under criminal investigation or indictment, or who have a reputation in the community or the department for present involvement in felonious or criminal behavior, except as necessary to the performance of official duties, with the knowledge and approval of the Chief or the officer’s Commanding Officer, or where unavoidable because of family relationships of the officers. 9. Incurring Department Liability – An officer or employee shall not incur a liability chargeable to the Police Department without the prior knowledge and consent of the Chief. 10. Insubordination – Failure or deliberate refusal to obey a lawful order given or issued by a superior officer. 11. Intoxicating Beverages or Drugs, Use of – An officer or employee a. shall not, while on duty, consume any intoxicating beverage, except for a proper police purpose with the specific approval of the Chief or a superior officer; b. shall not, while on duty, use any narcotic, controlled substance or other toxic drug except at the direction of a physician for a specific health purpose (in any case where it is necessary to take any such drug on the advice of a physician such officer or employee shall notify their Commanding Officer upon reporting for duty and be guided by their decision as to their fitness for duty); c. shall not report for duty while under the influence of intoxicating liquor or under the influence of any narcotic drug or controlled substance d. shall not report for duty with the odor of intoxicants on their breath; e. shall not, while off duty, allow themselves to become unfit to report for duty through the use of intoxicating beverages or through the use of any narcotic drug or controlled substance unlawfully administered; f. shall not, while off duty and while wearing any identifiable part of their uniform, drink any intoxicating beverage in public view or in any place accessible to the public; g. shall not bring, place or keep or permit to be brought, placed or kept in any police building or vehicle any intoxicating beverage or any narcotic drug or controlled substance, except in the proper performance of police duty as required by departmental practices and procedures. 12. Departmental Letterhead – Officers and employees shall not use the departmental letterhead for private correspondence or for sending official correspondence out of the department without the permission of the Chief of Police. 13. Mailing Address – Officers and employees shall not use the department as a mailing address for private purposes without permission of the Chief. At no time Brewster Police Department Rules and Regulations 15 will the department be used as a mailing address for the purpose of a motor vehicle license or registration. 14. Neglect of Duty – Being absent from assigned duty without leave; leaving post or assignment without being property relieved; or failing to take suitable and appropriate police action when any crime, public disorder or other incident requires police attention or service. 15. Department Notices – Altering, defacing or removing without permission any posted notice on the department bulletin board. No notice shall be posted on the department bulletin board or other department property without the permission of the Chief or the Commanding Officer. 16. Departmental Records - Officers shall not steal, alter, forge or tamper with any kind of governmental or police record, report or citation. To this end, the removal of any record, card, report, letter, document, or other official file from any governmental entity, court or the department, except by process of law or as direc- ted by the Chief of Police, is prohibited. Additionally, the obtaining or duplication or attempted obtaining or duplication of any information from any court, governmental or department files, sources or reports, other than that to which one is properly entitled in accordance with one's duties or assignment, is prohibited 17. Personal Business – Officers while on duty or in uniform shall not conduct any personal business. 18. Possessing Keys to Private Premises – Having keys to private buildings or dwellings on an officer’s area of patrol without the permission of the Chief is prohibited. 19. Recommending Private Services – An officer or employee shall not officially or unofficially recommend or suggest to the public, the employment or purchase of any particular professional or commercial service or product, such as lawyers, bondsmen, undertakers, towing services or burglar alarm companies. 20. Use of Private Vehicles – While an officer is on regular department duty, they shall not drive a private vehicle to their duty assignment or cover their duty assignment in or with a private vehicle unless authorized to do so by the Chief or his/her Commanding Officer. 21. Public Statements – No officer or employee shall make, publish or issue any derogatory, discreditable or disparaging public statements concerning the department or its officers that may undermine the efficiency of department operations and/or the morale of its membership. 22. Smoking While on Duty – Smoking while on duty, or in uniform in public view, is prohibited. Officers hired after 1/1/1988 shall not use tobacco on duty or off duty. 23. Testimony in Civil Cases – An officer shall not testify in any civil case in any court unless legally summonsed to do so or unless they have received permission or order from the Chief. When summonsed to testify, they shall notify the Chief in advance. 24. Testimony for Defendant in Criminal Cases – An officer shall not testify for the defendant in a criminal case in any court unless legally summonsed to do so and in such cases they shall, before testifying, inform the Chief of the nature of the testimony they intend to give. Brewster Police Department Rules and Regulations 16 25. Recommendation for Disposition of Cases – An officer of the department shall not make recommendations for the disposition of any case pending in the courts without the consent of the Chief of Police or their designee. 26. Undue Influence – An officer or employee shall not seek or obtain the influence or intervention of any person outside the department for purposes of personal preferment, advantage, transfer or advancement. 27. Warrants for Assault on a Police Officer – An officer shall not make application for a warrant charging that they were assaulted while in the performance of police duty without first reporting the facts of the case to the Chief, through their Commanding Officer, and seeking permission to make such application. 28. Wearing the Uniform – An officer shall not wear any identifiable part of their uniform outside the limits of the community except while in the performance of official duty or with the permission of the Chief of Police. 29. Withholding Evidence – An officer or employee shall not fabricate, withhold or destroy any evidence of any kind. 30. Conduct – Except for the purpose of informing the Police Chief, no officer shall make, utter, publish or by innuendo imply anything derogatory about the character, competency, and performance of duties or life styles of any other Departmental employee. No officer’s act or failure to act shall cause dissension within the ranks of the department. This will not be effective during testimony at trials, hearings, or official investigations. 31. Incompetence – An officer shall maintain sufficient competency to perform their duty and to assume the responsibilities of their position. Incompetence may be demonstrated, but is not limited to, the following: a. a lack of knowledge of the application of laws required to be enforced; b. an unwillingness or inability to perform assigned tasks; c. the failure to conform to work standards established for the officer’s rank, grade, or position; d. repeatedly poor evaluations or repeated infractions of the rules and regulations. H. Uniforms and Appearance Officers shall wear such uniforms and insignia of rank as the Chief may, from time to time, prescribe. They should present a good personal appearance to the public at all times and reflect a positive image as officers of the Police Department. The police uniform identifies the officer and makes him readily accessible to the citizen. It is, therefore, vital that the officers of the department maintain a neat and clean appearance and that the uniform serve as an appropriate introduction to the members of the community. 1. Hair Styles for Male Officers – Hair will be neat, clean, trimmed and present a well groomed appearance. Hair shall not cover the ears and will be trimmed in back and on the sides so that it does not extend over the collar. Hair in front will be Brewster Police Department Rules and Regulations 17 groomed so that it does not fall below the band of properly worn headgear. In no case will the bulk or length interfere with the proper wearing of any authorized headgear. Hair shall be of a color consistent with that which would be found naturally. a. Mustache, Sideburns & Beards – Mustaches, sideburns and beards, and goatees shall be neatly trimmed and shall not exceed one half inch (1/2 inch). The Chief or their designee shall have the right to require an employee to trim facial hair if outside these guidelines. The Chief or their designee shall also have the right to require an employee be clean shaven if it is necessary for a particular assignment. b. Wigs – Wigs or hair pieces may be worn on duty for cosmetic reasons to cover natural baldness or physical disfiguration. When worn, they shall be of good quality, consistent in styling with these Rules and Regulations, and shall not interfere with the wearing of any required headgear. 2. Hair Styles for Female Officers – All sworn female officers shall conform to the following criteria: Hair will be clean, neatly arranged and styled consistent with the type of duty performed. Hair will not be worn in any style longer than shoulder length and must not be worn in a style that prevents the proper wearing of a uniform hat or cap. Hair ornaments such as ribbons will not be worn. Pins, combs or barrettes similar in color to the individual’s hair color may be worn. Wigs or hairpieces are permitted if they conform to the standards for natural hair. Hair shall be of a color which would be found naturally. 3. Wearing the Uniform – Uniforms shall be kept neat, clean and well pressed at all times. Care should be taken not to wear threadbare or faded items. The uniform cap shall be worn out of doors unless otherwise directed by competent authority. While in uniform, officers shall display their badge on the outermost garment over their left breast. The Chief shall periodically issue special orders pertaining to daily or seasonal wearing of uniforms. 4. Civilian Clothing – Male officers and employees permitted to wear civilian clothing during a tour of duty shall wear either a business suit or sports coat and slacks. A dress-style shirt with the tie shall be worn. The Chief or Commanding Officers may prescribe other types of clothing when necessary to meet particular police objectives. Unless otherwise directed, female officers and employees permitted to wear civilian clothing shall conform to standards normally required of office personnel in private business firms. Civilian clothing will not be worn with any distinguishable part of the police uniform. 5. Tattoos and Brands – Tattoos and brands will only be permitted in accordance with the Brewster Police Department policy outlining same. 6. Jewelry and Body Art a. Officers in uniform may wear a wrist watch. Only one ring per hand shall be permitted (a wedding set is considered as one ring). Necklaces, chains or other decorative jewelry shall not be worn in uniform, unless it can be completely concealed beneath the uniform shirt. Female officers may wear one pair of small stud earrings while in uniform. Male officers are prohibited from wearing earrings while in uniform or plainclothes, unless in Brewster Police Department Rules and Regulations 18 the performance of an undercover operation and only with permission of the Chief of Police. b. Rings that are worn on more than one finger are not permitted. c. Officers may not wear "body piercing” jewelry, except earrings, as provided in paragraph “A” (above), unless they are completely concealed by clothing. Nose and tongue rings are specifically prohibited. d. Officers will keep fingernails clean and neatly trimmed and will not wear color or jewelry on the fingernails. e. Makeup will not be worn in quantities or manner that allows it to transfer from the face to the uniform or to the clothing of others. I. Departmental Property and Equipment Equipment issued to officers of the department shall remain the property of the department. Officers and employees shall maintain department property and equipment assigned to them in good condition. Damaged or lost property may subject the responsible individual to reimbursement charges and/or appropriate disciplinary action. 1. Damaged, Defective or Inoperative Property and Equipment – Officers and employees shall immediately report to their Commanding Officer on designated forms any loss or damage to department property or equipment assigned to them. The Commanding officer shall also be notified of any defects or hazardous conditions existing in any department property or equipment. 2. Care of Department Buildings – Officers and employees shall not mar, mark or deface any surface in any department building. No material shall be affixed in any way to any wall in department buildings without specific authorization from the Chief or a Commanding Officer. 3. Authorized Equipment – While on duty, an officer shall carry only such equipment as is issued by the department or authorized by the Chief. 4. Surrender of Department Property – Officers and employees are required to surrender all department property in their possession upon separation from the service, or when otherwise ordered.. 5. Department Vehicles – A valid Massachusetts driver’s license is required of all officers. Officers shall not use department vehicles without permission of the Commanding Officer. Department vehicles shall only be used for official police business. 6. Transporting Citizens – Only authorized police personnel may drive or be transported in departmental vehicles. Citizens shall be transported in department vehicles only when necessary to accomplish a police purpose. Such transportation shall be in conformance with department policy or at the direction of the Chief or the Commanding Officer. 7. Safe Driving of Police Vehicles – The driver of any police vehicle shall operate said vehicle in a reasonable and safe manner, exercising due caution and judgment. They shall operate the police vehicle in compliance with the motor vehicle laws, traffic regulations and procedures in TEL-002 of the Department Policies and Procedures Manual. Brewster Police Department Rules and Regulations 19 8. Reporting accidents – Accidents involving department vehicles, property, personnel and/or equipment must be reported in accordance with procedures established by the Chief. The Commanding Officer of the operator involved in a motor vehicle accident shall subsequently submit a report to the Chief setting forth their findings relative to the responsibility or negligence on the part of the operator. 9. Responsibility for Vehicle – An officer who is assigned to duty as an operator of a department vehicle shall be responsible for checking the serviceability of the vehicle assigned to their use. Except when the vehicle is in emergency use, the officer or employee shall inspect the vehicle when it is turned over to him and shall submit a written report to their Commanding Officer of any defect, damage or deficiency of said vehicle. The officer at the same time shall also inspect the interior of the vehicle for the presence of any unauthorized articles. 10. Unattended Police Vehicle – The operator of a department motor vehicle shall lock the ignition and remove the key when leaving the vehicle unattended and, except in an emergency, they shall also lock the doors of such vehicle when it is unattended. The cruiser computer will be powered off prior to a department vehicle being maintained or repaired by non-police personnel, and the patrol rifle, master keys, and any sensitive police information shall be removed from the unit. 11. Report of Loss or Damage – In the event that department property is lost or found bearing evidence of damage which has not been reported, the last person using the property may be charged with failure to report same and may be held responsible for damages. J. Accountability and Discipline An effective and responsive system of personnel accountability and discipline has for its purpose the maintaining of efficient department performance and the preserving of overall department morale. A clearly defined disciplinary policy enables all officers and employees to know what is expected of them and to understand that appropriate discipline will be administered when required. Essential fairness and justice are the foundation of the disciplinary process and it is the personal responsibility of the chief to ensure that this standard is equitable maintained. Department standards of conduct and performance will be enforced in a uniform and consistent manner and the disciplinary measures taken will be based upon the seriousness of the charges. 1. Oral Reprimand – The Chief or a superior officer may reprimand or admonish for minor infractions of department regulations or procedures. At the Chief’s discretion, a record of the same may be entered in an individual’s personnel file for a period of one year unless additional disciplinary action is taken against the officer during that year. 2. Written Reprimand – The Chief of Police may issue a written reprimand for infractions of department regulations or procedures. A copy of all letters of reprimand will be placed in the employee’s personnel file. 3. Punishment Duty – The Chief of Police may impose punishment duty for any infraction of departmental rules, regulations or procedures. Brewster Police Department Rules and Regulations 20 4. Suspension – The Chief of Police may suspend those under their command without pay for any infraction of departmental rules, regulations or procedures. In cases of suspensions for more than five days, the Chief of Police will notify the appointing authority. Any officer suspended for more than five days has the right to a hearing before the appointing authority relative to their suspension. 5. Relieved from Duty – The Commanding Officer of any shift may relieve those under their command from duty with pay for the balance of the shift if the Commanding officer determines that any person under their command is not able to carry out their duties properly. In all such cases, a written report shall be submitted to the Chief concerning such action. 6. Lowering in Rank and Compensation – The appointing authority has the power to lower in rank and compensation any officer at any time for just cause, and after due hearing, which cause shall be specified. 7. Dismissal – The appointing authority has the power to remove any officer at any time for just cause and after due hearing, which cause shall be specified in the order of dismissal. POLICY & PROCEDURE JOB DESCRIPTIONS 1 BREWSTER POLICE DEPARTMENT TATTOOS Date of Issue: 06/15/2022 Effective Date: 06/15/2022 Accreditation Standards: Review Date: 06/15/2025 I.GENERAL CONSIDERATIONS AND GUIDELINES It is recognized that an employee’s appearance is a representation of the professionalism of the police department. Therefore, it is incumbent upon employees to present themselves in a professional manner to the public and to fellow employees. Historically, tattoos have been viewed in a negative light. However, as society has become more accepting of tattoos, more people from various backgrounds have embraced tattooing. In an effort to continue to promote a diverse and varied workforce, the Brewster Police Department will allow the display of tattoos, with some notable exceptions. II.POLICY A.It is the policy of the Brewster Police Department that employees may have tattoos on any area of the body, excluding the head, neck, and hands in accordance with this policy. B.Head or Neck Tattoos: 1.Tattoos on the head or neck, including in or around the mouth area, are prohibited. 2.The head is defined as the portion of the body above the first cervical vertebra (C1). 3.The neck is defined as the portion of the body above the collarbone in the front area, and above the seventh cervical vertebrae (C7) in the back area. C.Hand, Finger, and Wrist Tattoos: Tattoos on the hands and fingers are prohibited, with the exception of a single band tattoo of no more than 3/8 of an inch in width, on one finger of each hand. The hand includes the area from the wrist bone to the end of fingertip. D.Content of Tattoos: Tattoos that are prejudicial to good order and discipline, or that are of a nature to bring discredit upon the Brewster Police Department, are prohibited. Examples include, but are not limited to, tattoos that are drug-related, extremist, obscene or indecent, sexist, or racist, as further defined below: 1.Extremist: Extremist tattoos are those affiliated with, depicting, or symbolizing extremist philosophies, organizations, or activities. Extremist philosophies, organizations, and activities are those which advocate racial, gender, or ethnic hatred or intolerance; advocate, create, or engage in unlawful discriminations based on race, color, gender, ethnicity, religion, national origin, sexual POLICY & PROCEDURE JOB DESCRIPTIONS 2 orientation, or gender identity; advocate violence or other unlawful means of depriving individual rights under the U.S. Constitution and federal or state law; advocated, engage in, or support terrorism; advocate, engage in, or support the forceful, violent, unconstitutional, or otherwise unlawful overthrow of the government of the United States, any state, commonwealth, district or territory of the United States; or advocates, engages in, or encourages law enforcement or citizens to engage in acts that would disrupts law enforcement activities. 2.Obscene or Indecent: Obscene or indecent tattoos are those reflecting a form of immorality relating to sexual impurity which is grossly vulgar, obscene, and repugnant to common propriety, or whose appearance tend to excite sexual desire or deprave morals with respect to sexual relations. 3.Sexist: Sexist tattoos are those that degrade or demean a person based on gender. 4.Racist: Racist tattoos are those that degrade or demean a person based on race, ethnicity, or national origin. E.Management Rights: The above list of prohibited tattoos is not all inclusive due to the changing dynamics of definitions and standards. The list is a guideline employees should adhere to when determining if their tattoos are acceptable or not. An employee can be required to cover a tattoo at any time if deemed to be in violation of this bulletin or professional standards. The Chief of Police shall have final say and appeal in determining the application of these standards. APPROVED this 15th day of June, 2022. __________________________________ Heath J. Eldredge, Chief of Police TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1147 FAX: (508) 896-8089 ACCOUNTANT@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF TOWN ACCOUNTANT July 7, 2022 To: The Brewster Selectboard & the Brewster Finance Committee From: Mimi Bernardo, Finance Director RE: FY22 Year End Transfers per M.G.L. Chapter 44, Section 33B (b) Dear Brewster Selectboard & Brewster Finance Committee, I am writing to request authorization for transferring the following funds per MGL Ch44 s33B (b): TRANSFER TO: Snow & Ice the amount of $37,065.63 TRANSFER TO: County Tax Assessment the amount of $2,114.00 TRANSFER TO: Retirement Actuarial Services the amount of $460.00 TRANSFER FROM: General Fund Health Insurance the amount of $39,639.63; current balance is $95,254.16. Note: amount transferred will be the actual deficit when all FY22 expenses have been posted to the ledger; Final amounts will not be known until 7/15/22. Thank you for your consideration. Snow & Ice Budget to Actual History FY20 FY21 FY22 FY23 Budget 158,644$ 161,817$ 165,053$ 169,180$ Actual 80,793$ 161,817$ 202,118$ TBD Surplus/Deficit 77,851$ -$ (37,065)$ TBD Budget Increase over Prior Fiscal Year 2.00%2.00%2.50% MEMORANDUM TO: Town of Brewster Select Board & Planning Board FROM: Donna Kalinick, Assistant Town Administrator; Jill Scalise, Housing Coordinator; & Barrett Planning Group LLC RE: Housing Production Plan Update DATE: July 8, 2022 We are pleased to provide this updated Housing Production Plan to the Brewster Select Board and Planning Board for your review and consideration. In addition, we have also provided a Comments Resolution Matrix (CRM), which includes our responses to written comments received on the draft HPP. This final draft of the HPP has been revised in consultation with Town staff to incorporate: • Feedback from the June 6, 2022 presentation to the Select Board and Planning Board; • Feedback from the June 16, 2022 Brewster Housing Partnership meeting, which served as a community presentation on the draft plan and during which time approximately 30 attendees were able to provide feedback; • Written comments received through June 30, 2022 on the draft plan; and • Additional feedback from the Housing Partnership provided during their June 30, 2022 meeting. During the upcoming July 11, 2022 joint meeting of the Select Board and Planning Board, we will present the key changes made to the draft HPP you previously reviewed, including: • Consolidation of strategies (see attached Comments Resolution Matrix for more detail, particularly comments #2 and #3); • Description of the Town’s Environmental Justice (EJ) Population designation; • Minor adjustments to some maps based upon feedback from the Housing Partnership; • Inclusion of an implementation table developed by Town staff that outlines suggested responsible parties, potential timeframes, and other information relating to each recommendation; • Addition of a Glossary of Housing Terms in the Appendix; and • Other edits based upon community feedback (described in the CRM). As described in the Department of Housing and Community Development (DHCD) Housing Production Plan Guidelines, the approval of Select Board and Planning Board is required for the Town to submit the plan to DHCD for review. We look forward to meeting with you on Monday, July 11, 2022 at 6:00pm. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 1 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response 1 Mon June 6, 2022 Hal Minis Hi Jill, Thanks for sharing the 2017 HPP with me. I appreciate all the analysis and work that went in to it and I look forward to reading the revision that you are working on now. It is a critical document for the Town in light of the evolving housing market. Looking to the revision, I’d like to make a comment on the earlier HPP. In the Introduction, the Plan states the following as one of the reasons for the housing situation. “Preserved Open Space. More than one third of Brewster’s land has been reserved for conservation, watershed protection, open space, and recreation purposes. These achievements of the Town and open space organizations have a lot to do with Brewster’s beauty and environmental quality, yet the same achievements contribute to the shortage and cost of housing.” I think this is an unfortunate statement that falsely inflames the mis-conceived argument pitting open space against housing and I hope that it does not appear in the revised HPP. I offer the following as a rebuttal to the open space versus housing argument. • Based on data from the Assessors database, the Town and the Brewster Conservation Trust own a total of 2,131 acres that is protected as conservation land. This represents 15% of the assessed land in Brewster. By comparison, 2,314 acres, excluding conservation lands, are categorized as “exempt” because they are municipal (public safety, administration), educational, charitable (libraries, museums, housing, active recreation), religious (churches), authorities (housing, water, electricity), or other. These categories represent 17% of assessed land in Brewster. • From 2013 to 2020, 158 acres were protected as conservation by either the Town or BCT. This represents approximately 1% of the assessed land in Brewster. The conservation of this small amount of land can hardly be considered as contributing to the massive increase in housing costs and availability in the past 10 years. Thank you for your comment and for taking the time to provide this information. We agree that the wording in the last HPP regarding open space and its influence on housing development was unintentionally problematic and adjusted that point in the 2022 introduction. (The 2022 initial draft read, “About one third of Brewster’s land is considered protected open space. The achievements of the Town and open space organizations have contributed to Brewster’s beauty and environmental quality, while also limiting where housing can be developed.”) However, based on your comment we revised this further to read: “About one third of Brewster’s land is considered protected open space. The achievements of the Town and open space organizations have contributed to Brewster’s beauty and environmental quality, while also influencing where future residential development is likely to occur.” Because the same section of the introduction already addresses the influence of the seasonal housing market, we have not added any language discussing the impact of the demand for second homes. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 2 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response • Approximately 95% of Brewster is zoned for residential use (single family dwellings). Multi-family housing is only allowed in a small area of town, thereby severely limiting the availability of other forms of housing that would be more affordable. The Cape overall has 83% single family homes in its housing stock, compared to 52% statewide. • Several recent studies and market experience point to the demand for second homes and housing conversion to short term rental as the sources of the extraordinary pressure on the housing market the town has experienced in recent years. I hope that this information helps rebut the notion that Brewster’s efforts in protecting open space and our natural resources are a principal cause for the shortage and high cost of land and housing. Indeed, I think that both the affordable housing sector and open space are battling a common problem, so all the more reason to collaborate where it makes sense. Thanks for considering this. Hal Minis 774-323-0292 2 Wed June 8, 2022 Ned Chatelain Good morning all. Alexis - thank you again for an excellent presentation on Monday and for your work on this project thus far. My only feedback on the draft as presented is that the number of strategies may be too great for a 5 year timeline. I appreciate the importance of having aspirational goals, but worry that having too Following discussions with Town staff, we have streamlined the HPP’s strategies, reducing the number from 29 to 22. Please see the following specific changes: • The former #3 (nonconforming lots) has been removed and is instead discussed under the strategy regarding the use of 40B (former #22, current #16). • The former #14 (CLT) has been removed, and CLTs are discussed (among other examples) under a new strategy (#17) regarding public/private partnerships. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 3 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response many will dilute our impact. To that end, I would propose the following 4 be removed from the list, not on their merits, but in an attempt to support a more foucussed housing program. Strategy 3 - Inventory of non-conforming lots (this is both an exceedingly heavy and granular lift, and {I think} better left for after zoning reform) Strategy 14 - Community Land Trust Strategy 18 - Strategic plan for BHP/AHT (this feels redundant with a freshly updated HPP and in light of strategies 19 and 21) Strategy 24 - Design Guidelines for multi-unit housing (again redundant with efforts to address multi-family zoning) Best, Ned • The former #18 (strategic plan) has been removed. • The former #24 (design guidelines) has been removed and design guidelines are discussed in the narrative of the current #3. Thank you for these helpful comments and suggestions for making the HPP’s strategies more manageable. 3 Thur June 9, 2022 Peter Lombardi, Town Administrator Good morning Jill, I’d like to broadly echo Ned’s comments – the strategies that I suggest removing from the draft plan are ones that I don’t believe can be achieved within the next five years even if we add staffing capacity. I think it’s important that we are realistic in setting targets and goals. Here is my feedback: 1. Remove strategy #3 2. Remove language specifically referencing Board of Health in strategy #7 – that work will be a full interdepartmental effort (Health, Planning, Natural Resources, TA, etc) 3. Fold strategy #11 into #10 – I think don’t think we need to explicitly identify the potential creation of a standing CPA request for housing assistance 4. Remove strategy #13 5. Remove strategy #14 Thank you for this feedback. Following discussions with Town staff, we have streamlined the HPP’s strategies and made the following changes: • The former #3 (nonconforming lots) has been removed and is instead discussed under the strategy regarding the use of 40B (former #22, current #16). • References to the BOH have been removed from #7 since this will be an interdepartmental effort. • The former #11 (“Housing Opportunity Fund”) has been folded into the former #10/current #9. • The former #13 (BHA partnership) has been removed. • The former #14 (CLT) has been removed, although CLTs are discussed (among other examples) under a new strategy (#17) regarding public/private partnerships. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 4 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response 6. Remove strategy #18 7. Clarify what strategy #19 means – is this intended as education our residents about each building block in the LCP or just those that relate to housing? Who would take the lead in this work and what would it look like? 8. Remove strategy #24 Thanks, Peter Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 • The former #18 (BAHT/BHP strategic plan) has been removed. • The former #19 has been removed and folded into a new, consolidated #14 relating to a housing education plan. The narrative better clarifies the intent – that the housing education program should clearly highlight the importance of housing to each of the LCP’s building blocks. • The former #24 (design guidelines) has been removed and design guidelines are discussed in the narrative of the current #3. 4 Tue June 14, 2022 David Whitney Good Morning Jill, The draft Housing Production Plan Update as presented is an excellent effort that will serve the Town well for the next five years. My only comment is that the number of strategies is a bit overwhelming. I would suggest the strategies be prioritized by which are easiest to attain and have the greatest immediate effect on housing opportunities in Brewster. It may also be helpful to identify responsible parties for each strategy. Regards Dave Thank you for this comment. Please see our responses to comments #2 and #3 above, which address how we streamlined the strategies in consultation with Town staff. In addition, Town staff developed an implementation table outlining the possible timelines and responsible parties for the HPP’s recommendations. This implementation table is now included in the final plan, and we agree this table is very helpful! 5 Thur June 16, 2022 Kari Hoffmann Good evening, In consultation with Town staff, we reduced the number of strategies from 29 to a more manageable 22, consolidating where possible. Please see above response to comments #2 and #3 above, which outline these changes. In addition: Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 5 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response I have finally had a chance to review the 29 strategies listed in the Housing Production Plan. It looks like there is a lot of work to be done over the next 5 years! I am sharing a short attachment with comments on some of the strategies. There is one correction that is needed on #19 Vision Plan and LCP Building Blocks. Thank you for all your hard work on this impressive and inclusive project. I'll see you soon... Regards, Kari Strategy # Comment 1 I agree that the bylaw needs some revision. It will take some time and education to help the community understand the impact. 2 – 6 These strategies outline a major part of our work over the next 5 years. Many are mentioned in the Local Comprehensive Plan draft documents. It would be helpful to carefully look at all areas of our town to see how these opportunities for housing fit in. Strategies like form-based construction that fits the character of the area helping residents to understand that these changes will not affect the beauty or character of Brewster. (Can we really get all of this accomplished in 5 years? What are the priority areas?) 7 Current work at the State level will determine the future of Title V. Innovative/Alternative systems or neighborhood systems my be the way of the future. Funding opportunities are being considered by the State as well (with the hope of $200M in State funding) 16 I’m not sure of the future of the consolidation of the Eddy and Stonybrook Schools. The Brewster School Committee is the sole decision maker of this project. Discussions should include how • Regarding comments on 2-6, we have amended the current strategy #3 to include the discussion of design guidelines (former #24) and the potential benefit of improving unease about multi-unit residential development. • Regarding the former #16/current #12, we have clarified in the narrative that the School Committee is the decision maker regarding school consolidation. • Regarding the former #19/current #14, we have corrected the number of LCP building blocks in the narrative for this strategy. Thank you for catching that. Thank you very much for your comments and helpful feedback on the draft HPP. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 6 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response their decision may or may not impact the future of housing in Brewster. 19 Correction needed: The 2018 Brewster Vision Plan has 8 Building Blocks that were included in the draft of the LCP. Through their work on the LCP, the Vision Planning Committee added 2 additional areas: Climate Mitigation and Adaptation and Solid Waste Management. 6 Mon June 27, 2022 Chris Powicki Hi Jill - here are some comments/ideas re the Housing Production Plan. Overall a good draft plan, but I’d like to see a more committed and comprehensive approach to the problems at hand and ahead, along with more specifics on actions under strategies. It’s particularly unfortunate that the draft plan does not acknowledge that Brewster includes a state-designated environmental justice census tract based on 2020 economic conditions - and things have gotten worse. The first two suggestions listed below are overarching. The third should be an immediate priority: Residents facing ever-more difficult choices can expect no relief as they try to keep roofs above heads. (For example, prices for electricity supply, pegged to the price of gas, always go down at this time of year, but they are going up as of July 1, and they are expected to increase further come winter.) - Ensure that Brewster’s first local comprehensive plan integrates a high-level diversity, equity, and inclusion goal and objectives for income plus race, gender, and age - Commit to housing support/production as a long-term, multi-faceted community need by funding the “housing" position as a regular budget item, not out of CPC funds, and by adding Thank you for these thoughtful comments. Please see responses below: • We have now included a description of the Town’s EJ designation, which is based upon household income criteria for two census block groups. This is now described in the introduction (which discussed the community’s overall increase in household wealth, because this dichotomy is important), as well as in the Key Findings and Household Income sections of the Needs Assessment. • While the first suggestion about including a DEI goal and objectives for income diversity in the LCP is important, we suggest bringing this feedback to the Vision Planning Committee. Currently the HPP does have a strategy linking housing education to the LCP. • We have added a discussion of funding the housing coordinator position as a regular budget item to the former strategy #25/current #19, which discusses increasing staff capacity. • We added a description of collaboration with energy service providers to the narrative of former #29/current #22, which discusses partnering with other entities to provide assistance and support for households. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 7 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response responsibilities to encompass the panoply of services required to assist residents in staying in/finding homes - Collaborate with energy service providers (Cape Light Compact, National Grid, HAC, Eversource) and committees, nonprofits, service organizations, churches, etc. to ensure that Brewster households are taking full advantage of available efficiency incentives/services and utility rate relief programs - Prioritize strategies that create disincentives for short-term rentals / incentives for year-round rentals - Create new and dedicated revenue sources for housing affordability by (1) assessing a levy on properties sold above a certain price, with higher rate for more expensive homes and (2) shifting more of annual tax burden to houses not occupied year round and to properties valued above a certain threshold - Work with Ocean Edge/other local businesses to marshal resources supporting year-round housing (not just seasonal workforce needs) - Require new residential developments to designate at least 25% of units as affordable - Require all new housing units to meet stretch code provisions - Leverage available structures at Spruce Hill and Sea Camps to create new year-round rentals - Reduce unfair tax burden on Brewster residents by modernizing the Nauset Regional School District membership and funding formula (Provincetown and Truro should join NRSD and pay equitable share of capital and operating costs; NRSD member towns should equally share the cost of accommodating and educating all Choice students) • Regarding disincentivizing short-term rentals, a primary means for doing so would be through “shifting the tax burden” via a residential exemption; however, comment #8 below from Deputy Assessor James Gallagher explains some of the background as to why we did not directly include this as a recommendation for this 5-year plan. We have, however, encouraged the Town to monitor short-term rentals more closely (former #23/current #18) as a starting point since there is currently limited local data available. Doing so will allow the Town to make informed decisions about policy changes going forward. The plan already includes a strategy regarding incentivizing year-round rentals (former #12 /current #10), although this would require the passing of a home rule petition and subsequent approval by the legislature. • Regarding the suggestion for a real-estate transfer fee on home sales over a certain amount, this is discussed in the plan under the former strategy #10/current #9, which focuses on exploring additional funding sources (such as real estate transfer fees) — following the completion of a longer- term financial plan for the BAHT. It is worth noting that doing so would require a home rule petition and approval by the legislature, and other communities that have recently passes such home rule petitions have not yet received legislative approval. • We have added a new strategy (current #17) regarding public/private partnerships. Thank you for the important suggestion! • The plan does suggest exploring inclusionary zoning (former strategy #4/current #3), although it does not specify a percentage. In our experience, an IZ bylaw should be developed with careful consideration of feasibility, otherwise it may discourage production if developers cannot make the Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 8 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response I look forward to hearing how these comments are addressed. Please let me know if you have any questions. And thanks for the opportunity. Best, Chris Powicki 2042 Main Street Brewster, MA 02631 774.487.4614 numbers work. We would encourage the Town to develop an IZ bylaw carefully with this in mind. • Brewster has adopted the state’s Stretch Code, so it is our understanding that all new housing units already must conform to its standards. • The plan discusses the acquisition of the Sea Camps properties and the potential school consolidation (under original strategy #16/current #12); we have expanded this narrative briefly to address exploring the potential use of existing buildings specifically on the Bay Side, as well as the Spruce Hill property. Thank you for this suggestion. • Addressing the district membership and funding formula is out of the scope of this HPP, although perhaps this topic can be visited in the LCP. 7 Thur June 30, 2022 Jillian Douglass Comments on Housing Production Plan From Jillian Douglass (6/30/22) I believe that the devastation of homelessness and the current lack of affordable housing pose such an irreversible threat to the quality of our community and our economy, that the Town needs to take immediate and drastic action to prevent a downward spiral. Given the scale of the local, regional, state and national shortage of affordable housing and the economic forces which continue to encourage the private development of ONLY luxury housing in our region, combined Thank you very much for these comments. Some strategies not directly recommending the production of affordable housing are intended to “set the Town up for success” to be able to do just that. As an example, the plan encourages the exploration of new revenue streams for housing based upon the findings of a current initiative to develop a 5-year financial plan for the BAHT. Thus, the current strategy #9 logically follows #8 — not to minimize its importance but to integrate it with current efforts. Similarly, with regard to acquisition of land or use of currently held Town-owned land, we suggest first developing criteria for considering Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 9 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response also with increasing costs of land, development, compliance, management, and monitoring of affordable units, I feel that the only way to affect the production of units is for the public to build them. The longer we ignore this, the worse and more pervasive the crisis will become. Currently, the majority of our population appears to be peripherally affected, but the free-market economy has a tendency to act as a force of nature, having effects which reach far beyond those who are initially displaced, degraded or destroyed. By investing in housing first, we can rapidly hold off a wave of erosion and degradation, and return root prosperity to our community. I liken this to public work efforts to build levies or lochs to prevent dangerous longer-term devastation. Strategies 16 and 17 are the only strategies in the draft Housing Production Plan to mention active public acquisition of real estate for the public development of Affordable Housing. While we have created an excellent base for a valuable Plan, we have marginalized the Production component. Without acquiring properties and subsidizing the PRODUCTION of affordable units, we are erroneously dreaming that a serious market failure to provide an essential life resource will somehow "fix itself'. Historically, the Town has had great success from supplying public land for the production of affordable housing. This should be our PRIMARY strategy. The immediate need for sites and units was one of the main reasons our citizens saw fit to adopt the Community Preservation Act. Timely public acquisition and land control have proven to be an exemplary strategy, as seen in Brewster's successful efforts to pro-actively address other market failures that have threatened the protection of our natural environmental and superb water quality. The Community Preservation Committee has recognized the urgency of the housing problem and had indicated that it was their intent to allocate 30% of the Town's annual CPA receipts towards the purpose of Affordable Housing. While I commend the Committee for their willingness to take bold action, I do not believe that is enough. We need to commit a surge of resources, now, and for a period of time sufficient to build and stabilize a sustainable capacity, in order to mitigate a crisis which is bigger than just our Town. The foundations we build will serve to insulate our children, our families, our elders, our essential workers and all of our communal infrastructure from the corrosive effects of poverty and economic despair. I further do not believe that policy is the purview of the Community Preservation Committee. I believe the Town should keep its unique Community Preservation Act Bylaw and Town Meeting should revise the bylaw to mandate that for each of the next 5 fiscal years, 50% of the annual CPA the suitability of land for housing development. These measures are intended to support and elevate the importance of funding and planning for housing production, not detract from it. We also feel that streamlining the recommendations (reducing their number from 29 to 22) has helped to highlight priorities, as does the newly added implementation table developed by Town staff. In terms of some other recommendations not directly relating to the development of affordable housing, we sought to balance that need (which is the primary purpose of an HPP) with the most important initiative identified by those who took the HPP survey — helping people stay in year-round housing that is affordable to them. Lastly, we understand that the Town may consider amending its CPC bylaw at its Fall 2022 Town Meeting. Regardless of whether the Town amends its CPC bylaw, the BAHT can theoretically still apply for funds well over the 10% allocation and establish a substantial fund for acquiring land, and this is discussed under the current #9 as a “Housing Opportunity Fund.” This strategy also encourages exploring additional revenue sources (beyond CPA funds) to support housing initiatives. Thank you again for your thoughtful and important comments on this draft HPP. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 10 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response receipts be allocated for Affordable Housing purposes, so that the Town can aggressively acquire real estate rights and invest in actions that it can craft and control, to ensure safe, stable, affordable housing. 8 June 30, 2022 James Gallagher, Deputy Assessor Memo to: Jill Scalise, Brewster Housing Coordinator From: James Gallagher, Deputy Assessor Date: June 30, 2022 RE: Comments on Draft Housing Production Plan James The Draft Housing Production Plan makes reference to a “residential exemption” in the Property Taxes section on page 31. The Brewster Board of Assessors performs an analysis of the many factors that effect a “residential exemption” each fiscal year. The Board of Assessors presents their analysis annually to the Select Board at the Tax Rate Classification Hearing. In all cases, adopting a residential exemption raises the residential tax rate. The tax rate is raised across all residential property and certain qualifying properties will see a benefit. It is important to realize that not all owner-occupied residential properties will benefit from the exemption. There is a break even point where the increased tax rate outweighs the benefit of the exemption. Historically, the Brewster Board of Assessors has recommended to NOT ADOPT the Residential Exemption option. One major factor that determines whether a residential exemption makes sense for a community is the percentage of primary domiciles (owner occupied) vs second homes (non owner-occupied). In FY2022 the Board of Assessors estimated that 53% of residential properties were owner occupied and that 47% were non owner-occupied. In the last ten years, that range has remained consistent with a fluctuation of around 5%+/-. We will continue to monitor any changes to our characteristics, but at this time we do not recommend a residential exemption. Towns that have adopted the residential exemption like Provincetown, Truro and Wellfleet have a much higher percentage of non owner-occupied homes. Their splits are in the range of 80-85% Thank you very much for this helpful background information and feedback. We have not included adopting a residential exemption as a strategy, and have added a brief background to our current description in the Needs Assessment as to the Town’s history exploring this issue. We feel it is important to keep a description of the residential exemption in the Needs Assessment because we have heard numerous comments through community meetings and the community survey about “shifting the tax burden.” As such, we want to give context as to: (1) what the exemption is (there may be a misconception that it only would impact second homeowners); (2) the caveats associated with it; and now with the background you provided (3) why the Board of Assessors has historically not made this recommendation. As for the recommendation about exploring incentives for renting an affordable unit, we have clarified in the narrative that this would require a home rule petition and approval at the state level. Thank you again for your comments on the draft Housing Production Plan. Town of Brewster Housing Production Plan Comments and Responses: June 2022 HPP Draft July 7, 2022 11 Comments Resolutions Matrix # Reviewer’s Comments Consultant’s Response non-resident vs 15-20% owner-occupied. The share of properties that qualify for the exemption is much lower so the shift in the tax rate is more balanced. It is also important to note that adopting a residential exemption does not automatically qualify properties for exemption. The burden of proof is on the taxpayer and the application process includes verification of income tax returns. Different forms of ownership such as trusts and LLCs also determine whether or not an exemption can be granted. For these and other factors, additional study is required when considering a residential exemption. Strategy 12 on page 65 of the draft plan is to explore local property tax incentives for the creation of affordable housing, such as offering a reduction of property taxes to an owner renting an affordable unit. It references a Provincetown affordable housing property tax exemption as a quick and easy way to convert existing units to affordability. It is important to note that the Provincetown tax incentive involved a home rule petition to the state legislature as well as local support by voters. The tax incentive also includes an application and vetting process for both the property owners and the tenants. The impact of such a proposal to overlay and ultimately the tax levy must be considered. Town of Brewster Housing Production Plan 2022-2027 APPROACH TO IMPLEMENTATION The table below outlines the potential responsible parties for each strategy, as well as possible time frames for select strategies. The final two columns on the right indicate whether the strategy follows a recommendation from the 2017 Housing Production Plan, and whether the strategy is connected to DHCD guidelines for Housing Production Plans (as outlined in Table 23 of this HPP). Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Regulatory Reform #1 Reevaluate the existing ADU and ACDU bylaws and other references to accessory apartments; explore amendments to streamline these provisions and improve their efficacy. Planning Building BHP HC SB Early (discussed) #1 ✓ #2 Amend zoning to clearly allow mixed uses that include housing in business-zoned areas. Planning BHP, SB HC, TA TBD #2 ✓ #3 Reevaluate the existing multifamily dwelling bylaw (Section 179-34) and consider changes and other regulatory measures to facilitate multi-unit residential development. Planning HC, TA SB TBD #5 ✓ #4 Explore measures to require or encourage the inclusion of affordable units in residential development over a certain number of units. Planning HC, TA SB TBD #4 ✓ #5 Allow and incentivize the adaptive reuse of existing buildings for the creation of affordable and mixed income housing. Planning Building TA, SB HC ZBA TBD #6 ✓ #6 Utilizing the findings of the ongoing Integrated Water Resource Management Plan, continue to identify appropriate wastewater treatment systems to enable the creation of denser housing development that can support the inclusion of affordable units. Interdepartmental: Health TA, SB, Planning Natural Resources HC TBD -- Town of Brewster Housing Production Plan 2022-2027 2 Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Funding & Assets #7 Continue to work with nearby communities on the Cape by pooling CPA funds and other resources to construct affordable housing in suitable locations throughout the region and meet regional housing needs. CPC TA HC SB BHP BAHT Ongoing #9 ✓ #8 Develop a five-year financial plan for the BAHT and determine whether additional funding streams should be explored. BAHT & Finance (FT) Team & SB HC CPC First (In process) #7 & #8 #9 Based upon the BAHT five-year financial plan, explore other funding opportunities to support housing initiatives at a range of income levels. BAHT, CPC, FT, SB, TA & HC After #8 #7 #10 Explore local property tax incentives for the creation of affordable housing, such as offering a reduction of property taxes to an owner renting an affordable unit. SB TA Finance Assessor HC BAHT TBD #8 #11 Develop criteria for assessing a property’s suitability for the creation of affordable and attainable housing. Planning HC BAHT Building Health Cons Comm, Open Space TA, SB First #15 ✓ #12 Inventory existing Town-owned land using the criteria developed to determine suitability for housing; develop and issue an RFP for the development of affordable and attainable housing on properties identified as suitable for housing development. Planning HC TA BAHT Cons Comm Assessor SB Open Space After #11 #15 ✓ #13 If deemed necessary based upon the findings of the Town- owned land inventory, develop and issue an RFP for the acquisition of privately held land for the creation of affordable and attainable housing. BAHT TA HC Planning SB After #12 -- ✓ 3 Town of Brewster Housing Production Plan 2022-2027 Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Education & Advocacy #14 Develop a collaborative housing education plan that connects to the Town’s Local Comprehensive Plan (LCP). BAHT BHP HC Vision BHA COA Early (In process) #13 & #16 #15 Continue to ensure regular participation by staff and members of Town bodies in available trainings on housing-related issues including fair housing, local and regional housing needs, comprehensive permit administration, and other relevant topics. HC BAHT BHP Planning CPC ZBA SB Finance Ongoing #13 Local Policy & Planning Strategies #16 Continue to make good use of 40B, including the Local Initiative Program (LIP), as a vehicle for creating affordable housing. BHP BAHT HC, TA SB ZBA CPC Ongoing (Brewster Woods, Habitat) #14 ✓ #17 Encourage public/private partnerships to facilitate the collaborative production of affordable housing to meet a range of community needs. BAHT BHP HC TA SB Planning CPC TBD -- ✓ #18 Continue to monitor the impacts of short-term rentals on the availability of year-round rental units; review and consider changes to local policies accordingly. SB Finance TA BAHT HC Ongoing -- #19 Increase housing staff capacity to ensure continued and consistent collaboration with the Building, Conservation, Health, and Planning Departments. TA Finance HC Interdepartmental: Building Planning TBD #12 Town of Brewster Housing Production Plan 2022-2027 4 Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Community Resources & Local Support #20 Continue the CDBG-funded housing rehabilitation program to enable income-eligible homeowners to make critical home repairs. HC TA Finance Building SB Ongoing -- #21 Evaluate current CPC-funded housing initiatives and consider adjusting to meet current needs. BAHT CPC, SB HC BHP Early/ Ongoing (Discussed) -- #22 Explore other opportunities for direct support for eligible households, including partnerships with local non-profits and housing assistance providers. HC BHP BAHT COA CPC BHA TBD -- Notations: BAHT- Brewster Affordable Housing Trust FT- Finance Team BHA- Brewster Housing Authority HC- Housing Coordinator BHP- Brewster Housing Partnership SB- Select Board COA- Council on Aging TA- Town Administration CPC- Community Preservation Committee ZBA- Zoning Board of Appeals Cons Comm- Conservation Committee Housing Production Plan 2022-2027 In Compliance with 760 CMR 56.03(4) Prepared for: The Town of Brewster by: Barrett Planning Group LLC Town of Brewster Housing Production Plan 2022-2027 Brewster Housing Production Plan, 2022-2027 BREWSTER HOUSING PARTNERSHIP Jillian Douglass, Chair Lisa Forhan Vanessa Greene Ralph Marotti Diane Pansire Sarah Robinson Steve Seaver TOWN STAFF Jill Scalise, Housing Coordinator Donna Kalinick, Assistant Town Administrator Jon Idman, Town Planner Peter Lombardi, Town Administrator CONSULTANT TEAM Barrett Planning Group LLC Judi Barrett, Principal-in-Charge Alexis Lanzillotta, Project Manager BREWSTER SELECT BOARD David Whitney, Chair Cynthia Bingham Mary Chaffee Ned Chatelain Kari Hoffman BREWSTER PLANNING BOARD Madalyn Hillis-Dineen, Chair Amanda Bebrin Charlotte Degen Tony Freitas Rob Michaels Elizabeth Taylor Alex Wentworth Past Members Paul Wallace, Chair Mark Koch Town of Brewster Housing Production Plan 2022-2027 Table of Contents INTRODUCTION ................................................................................................................................................................ 1 Why Prepare This Plan? ................................................................................................................................................................... 2 Defining “Affordable Housing” ...................................................................................................................................................... 3 Components of a Housing Production Plan ............................................................................................................................. 4 Community Engagement Process ................................................................................................................................................ 4 A Note on Data Sources ................................................................................................................................................................... 5 HOUSING NEEDS ASSESSMENT .................................................................................................................................. 7 Key Findings .......................................................................................................................................................................................... 7 Demographic Profile ......................................................................................................................................................................... 8 Housing Characteristics ................................................................................................................................................................ 22 Housing Market ................................................................................................................................................................................ 30 Housing Affordability ..................................................................................................................................................................... 34 Barriers to Development .............................................................................................................................................................. 41 HOUSING PRODUCTION PLAN GOALS ................................................................................................................. 56 Brewster’s Housing Goals ............................................................................................................................................................ 56 Alignment with Regional Goals .................................................................................................................................................. 58 HOUSING PRODUCTION PLAN STRATEGIES ..................................................................................................... 59 Progress Since 2017 ....................................................................................................................................................................... 59 Looking Forward: 2022-2027 Strategies ............................................................................................................................... 60 Approach to Implementation ...................................................................................................................................................... 72 APPENDICES .................................................................................................................................................................... 76 This page intentionally left blank. Town of Brewster Housing Production Plan 2022-2027 1 Introduction The Town of Brewster consists of about 22.5 square miles of land, over 2,000 acres of freshwater ponds, and miles of both coastal and freshwater shorelines. Along with the Towns of Orleans, Chatham, and Harwich, Brewster is part of the Lower Cape region (see Map 1) and is also bordered by the Town of Dennis to the west. Brewster is defined by its identity as a small coastal community, primarily from its northern border along Cape Cod Bay, although the Town also has forty feet of frontage along Pleasant Bay to the south. Both the Town’s 2021 Open Space and Recreation Plan and 2018 Vision Plan highlight the Town’s rural character and notable assets including its rich scenic and historic heritage, beaches, Cape Cod Bay, ponds, and open space resources. Many of the conditions that existed when Brewster prepared its last Housing Production Plan (HPP) in 2017 remain true today, particularly in terms of infrastructure capacity, environmental considerations influenced by Brewster’s significant marine and freshwater water resources, and the Zoning Bylaw’s limitations on the types and density of housing that can be built. Nonetheless, the Town has made significant strides implementing its last HPP, most notably: ü Hiring a Housing Coordinator in 2017; ü Establishing the Brewster Affordable Housing Trust in 2018; ü Adopting the Town’s current Accessory Dwelling Unit (ADU) and Accessory Commercial Dwelling Unit (ACDU) bylaws in 2018; and Town of Brewster Housing Production Plan 2022-2027 2 ü Issuing a Request for Proposals (RFP) for the development of over sixteen acres of Town- owned land off Millstone Road.1 Other major factors influencing — or influenced by — Brewster’s housing needs include: The Seasonal Housing Market. As of 2020, an estimated 42 percent of Brewster’s housing stock was used for seasonal’, recreational, or occasional use compared to 38 percent for Barnstable County as a whole.2 This marks an increase of over 6 percent since 2010 for the Town, which continues to exacerbate the challenge of finding year-round rental housing. Together, year-round residents, seasonal workers, and vacationers compete for the inadequate supply of affordable housing that exists in Brewster. Older Population. Brewster’s population is older, with a median age of 56.5 years as opposed to 53.7 years for Barnstable County and 39.6 years for the state.3 Accordingly, a larger share of Brewster householders are retired than at county and state levels, and have higher retirement incomes on average, as well.4 Growing Income Inequality. Both American Community Survey (ACS) data and Comprehensive Housing Affordability Strategy (CHAS) data indicate an overall decrease in households with low and moderate incomes, and a corresponding increase in households with higher incomes. Specifically, between 2010 and 2018, the percentage of households earning at or below the Household Area Median Family Income (HAMFI) decreased by 4.5 percent, and households earning above the HAMFI increased by 4.8 percent.5 However, this wealth increase is not equally felt across Brewster households, with two census block groups meeting the criteria for 2020 Environmental Justice (EJ) Population designation based upon lower household income levels.6 Preserved Open Space. About one third of Brewster’s land is considered protected open space. The achievements of the Town and open space organizations have contributed to Brewster’s beauty and environmental quality, while also influencing where future housing development is likely to occur. WHY PREPARE THIS PLAN? This Housing Production Plan has been prepared to meet all the requirements of a Housing Production Plan under state regulations and the guidelines of the Massachusetts Department of Housing and Community Development (DHCD).7 The main purpose of a Housing Production Plan is 1 The “Housing Strategies” section of this plan provides a more complete list of accomplishments since the 2017 HPP. 2 American Community Survey (ACS) 5-Year Estimates, 2016-2020, Table 25004. 3 ACS 5-Year Estimates, 2016-2020, Table B01002. 4 ACS 5-Year Estimates, 2016-2020, Tables B19059 and B19069. 5 Comprehensive Affordability Strategy (CHAS) data, 2010 and 2018. (2018 is the most recent year for which this dataset is available). 6 Environmental Justice Population designation criteria are described further in the Needs Assessment of this plan. 7 G.L. c. 40B, §§ 20-23 and 760 CMR 56.00. Town of Brewster Housing Production Plan 2022-2027 3 to help a community make steady progress toward the 10 percent statutory minimum under Chapter 40B, i.e., that 10 percent of total year-round housing units will be deed-restricted to be affordable for low- or moderate-income households. Whether a community has reached the 10 percent minimum is determined by the Chapter 40B Subsidized Housing Inventory (SHI), a periodically updated list of all affordable units recognized by DHCD. To be included on the SHI, a unit must be: • Affordable to households with incomes at or below 80 percent of the HAMFI, also commonly referred to as the Area Median Income, or AMI. For Brewster, this designated area defining the AMI is the Barnstable County Fair Market Rent (FMR) Area, determined by the U.S. Department of Housing and Urban Development (HUD); • Approved by a housing subsidy agency as eligible for a comprehensive permit or as “Local Action Units” (i.e., developed without a comprehensive permit); • Protected by a long-term affordable housing restriction; and • Marketed and sold or rented under a DHCD-compliant Affirmative Fair Housing Marketing Plan (AFHMP). A completed Housing Production Plan requires approval by DHCD for a town to rely on it as a later basis seeking plan certification. While many types of housing needs may be considered, the primary purpose of the Housing Production Plan is to help communities reach the 10 percent statutory minimum under Chapter 40B. DEFINING “AFFORDABLE HOUSING” In this Housing Production Plan, the term “affordable housing” means housing that low- or moderate- income individuals and families can afford while also meeting their other basic needs: food, health care, transportation, utilities, and essential goods and services. Of course, households with higher incomes have trouble finding housing in Brewster and elsewhere in the Lower Cape and Barnstable County, too — a strong indicator that the region’s housing supply is out of balance with demand. Housing affordability in a general sense refers to macrolevel relationships between the cost of housing and household incomes. Affordable housing, by contrast, has a specific regulatory meaning and is customarily used in reference to households with low or moderate incomes. For Brewster and all its neighbors, “low- or moderate-income” refers to income limits set annually by HUD. The Commonwealth of Massachusetts uses HUD’s income limits to determine eligibility for income- restricted housing developed under Chapter 40B. As a result, most housing called “affordable housing” in federal, state, or local laws, ordinances, and bylaws is based on this consistent framework. Since Brewster’s Housing Production Plan is required to conform with the Department of Housing and Community Development’s (DHCD) Chapter 40B regulations, the primary (but not exclusive) focus is low- and moderate-income housing. Town of Brewster Housing Production Plan 2022-2027 4 COMPONENTS OF A HOUSING PRODUCTION PLAN A Housing Production Plan begins with a housing needs assessment, which describes a community’s housing needs using data from sources such as the Town, the U.S. Census Bureau, housing market reports, municipal records, and community interviews. In addition, the needs assessment will explore constraints to development and plans to mitigate these constraints where possible. Building upon this analysis of housing needs and potential barriers to further housing development, the Housing Production Plan sets a series of qualitative and quantitative affordable housing goals. Based on these goals, the plan lays out implementation strategies. State regulations (760 CMR 56.03[4]) and DHCD Comprehensive Permit guidelines describe the specific requirements for each component of an HPP, outlined in Figure 1 below. COMMUNITY ENGAGEMENT PROCESS The Town provided multiple opportunities for participation by local officials and the community at large. The planning process was guided by a Community Engagement Plan that consisted of the following components: Regular Housing Partnership Meetings. The Housing Partnership met monthly from February 2022 through June 2022 to discuss the development of this plan with Town staff and the consultant team. Small Group Interviews. During the month of March 2022, the consultant team conducted small group interviews with a total of thirty-five individuals familiar with Brewster’s housing needs to get a sense of what has changed since the last HPP and what needs still remain. Participants included Town staff, members of Town bodies, representation from housing advocacy groups and social service providers, members of the business community, realtors, and residents. Figure 1. Components of a Housing Production Plan Town of Brewster Housing Production Plan 2022-2027 5 Community Survey. A community survey was available online and in paper form from March 10 through April 8, 2022. This survey asked questions about the respondent’s own housing needs as well as their perspectives on the needs of the community. A total of 881 individuals participated in this survey, the results of which are included in Appendix E. Community Meeting. The Housing Partnership hosted a virtual community meeting on April 28, 2022 to share key findings from the Needs Assessment and invite participants to join breakout groups focused on the following topics: housing needs; development constraints; mapping housing solutions; housing goals and strategies; and regional context. A summary of findings from this event is also included in Appendix E. Focus Groups. Between May 10 and May 19, 2022, the consultant team conducted eight focus groups with Town staff, nonprofit and for-profit developers, representation from regional housing partners, and members from Town bodies. Participants were asked to review and provide comments on draft strategies for the HPP. Initial Presentation of Needs, Goals, and Strategies to the Select Board and Planning Board. On June 6, 2022, the consultant team presented the Needs Assessment, Goals, and Implementation Strategies to the Select Board and Planning Board for their review. Both boards were invited to provide comments through the Housing Office on the presentation. Second Community Meeting on Draft Plan. On June 16, 2022, the Housing Partnership hosted a second virtual community meeting, during which the consultant team presented the draft plan. Approximately 30 attendees participated and were given opportunities to ask questions during the presentation. Public Comment Period. Members of the public were encouraged to provide written comments on the draft plan for two weeks from June 16-June 30, 2022. Three written comments were submitted during this time, in addition to five written comments received previously following the June 6 presentation to the Select Board and Planning Board. Town staff and the consultant team discussed the comments and necessary changes to the plan. These comments are on file with the Brewster Housing Office. Final Public Hearing and Plan Adoption. On July 11, 2022, the consultant team presented the revised final plan to the Select Board and Planning Board for review and consideration for adoption. [SECTION WILL BE UPDATED FOLLOWING MEETING] A NOTE ON DATA SOURCES Information for the Brewster Housing Production Plan comes from a variety of sources, including the Town, the community engagement process described above, previous plans and studies, the Cape Cod Commission, state agencies, proprietary data, the U.S. Department of Housing and Urban Town of Brewster Housing Production Plan 2022-2027 6 Development (HUD), and the U.S. Bureau of the Census. The most frequently used sources of data are as follows: • The Census of Population and Housing (Decennial Densus). This plan draws from Census 2020 where appropriate, but historical census tables were also used as needed. When this planning process ended, information available from Census 2020 was still limited and only included total housing unit counts, general vacancy information (but not vacancies by type, an important factor for seasonal communities), total population counts, and information about population race and ethnicity for redistricting purposes. The full release of Census 2020 will also include an official year-round housing count, as well as data regarding tenure, household types, population by age, and more. • The American Community Survey (ACS). The ACS provides demographic and housing estimates for large and small geographic areas every year. Although the estimates are based on a small population sample, a new survey is collected each month, and the results are aggregated to provide a similar, “rolling” dataset on a wide variety of topics. In most cases, data labeled “ACS” in this plan are taken from the most recent five-year tabulation: 2016-2020 inclusive. • HUD Consolidated Planning/Comprehensive Housing Affordability Strategy (CHAS) Data. Created through a combined effort of the U.S. Department of Housing and Urban Development (HUD) and the Census Bureau, this dataset is a “special tabulation” of ACS According to the HUD guidance, “these special tabulation data provide counts of the numbers of households that fit certain combinations of HUD-specified criteria such as housing needs, HUD-defined income limits (primarily 30, 50, and 80 percent of median income) and household types of particular interest to planners and policy-makers.” The most recent CHAS Data are based on the ACS 2014-2018 estimates. • Housing Market Sources. The consultants tapped the Warren Group’s extensive real estate transaction databases to sample sales volume and sale prices, as well as Rentometer for rental market data. • Town Data. Information provided by the Building Department, Planning Department, and Deputy Assessor supported a review of local development patterns and market trends, and Assessor’s records were used to analyze Brewster’s housing stock. • Massachusetts Department of Transportation (MassDOT) Socio-Economic Projections for 2020 Regional Transportation Plans. This source was relied upon for population projections and trends. In addition, many local and regional publications were reviewed during the development of this Housing Production Plan and are referenced throughout this document. Town of Brewster Housing Production Plan 2022-2027 7 Housing Needs Assessment KEY FINDINGS • Brewster’s population increased by 5 percent between 2010 and 2020 Census, despite recent projections forecasting a potential decline. The number of households also increased by 9 percent. • The share of older residents and older householders living alone have both increased since the 2010 Census. Conversely, the percentages of residents under 18 and households with children under 18 have declined. • Brewster’s population lacks racial and ethnic diversity, although the percentage of minority residents has slightly increased since the 2010 Census. • The Town- and county-wide the percentage of older adults with a disability is markedly lower than the state. Nonetheless, older Brewster residents are much more likely to have a disability than residents under age 65. • Household wealth is increasing, with a significant jump in higher-income households from 2010 and a decrease in lower-income households. Regionally, the HUD area median family income (HAMFI) has also increased sharply since 2021. • In addition to the percentage of low-to-moderate income (LMI) households decreasing, the percentage of households earning between 80 and 100 percent HAMFI has decreased, likely because they cannot find housing; these households are ineligible for the limited subsidized units currently available in Brewster and are also likely to be priced out of an increasingly competitive housing market. • This wealth increase is not equally felt across Brewster households, with two census block groups meeting the criteria for 2020 Environmental Justice (EJ) Population designation based upon lower household income levels relative to the statewide household income level. • Older adults living alone are the most likely household type to be low-to-moderate income (LMI), and female householders living alone are more likely to be living in poverty than any other household type. • Brewster’s housing stock is predominantly detached single family homes, although Brewster has a higher share of attached single-family homes (i.e., condominiums) than the Lower Cape, county, and state. There is very limited multi-unit residential development, and most rental units in multi-unit structures are deed-restricted affordable units. Town of Brewster Housing Production Plan 2022-2027 8 • Older single-family homes build before 1960 hold more land value than building value and accordingly may be at greater risk of teardown. • Rental opportunities are limited, particularly for market-rate rental units. Other than the recent ADU/ACDU bylaw amendment, the Town’s zoning does not facilitate the production of multi-unit or mixed-use residential development that would provide more rental units. • The share of housing units for seasonal, recreational, or occasional use has increased while the share of year-round renter households has decreased. Market projections indicate that the gap between year-round and second homes will continue to narrow if housing trends are not altered. • Housing sale prices have jumped significantly since 2020 and continue to rise, a trend more pronounced in Brewster and the Lower Cape than county- or statewide. • Households earning the area median income are unlikely to be able to afford a home at Brewster’s median sales price, and renters earning the median renter income for Brewster are unlikely to be able to afford market rental units. • The majority of LMI households (an estimated 58 percent) are unaffordably housed (“housing cost-burdened”), paying more than 30 percent of their income toward housing costs. Seventeen percent of non-LMI households are cost-burdened. • Among both owners and renters, households earning below 50 percent of the area median income are most likely to be cost-burdened, although there is also significant need at the 80- 100 percent level. DEMOGRAPHIC PROFILE Population Trends Brewster experienced tremendous growth between 1970 and 2000, increasing more than five-fold from 1,790 to 10,094 residents. This trend occurred across the Cape and Islands compared to the rest of Massachusetts, which made the population dip most Cape communities experienced by 2010 somewhat striking. While projections by the Massachusetts Department of Transportation (MassDOT) in 2018 anticipated a continued population decline through 2040, the Town’s population in fact increased by nearly 500 between 2010 and 2020.8 The Cape Cod Commission also published 8 In 2018, MassDOT — in conjunction with an advisory team of experts from regional and state agencies, the Massachusetts Donohoe Institute (UMDI) and the Metropolitan Area Planning Council (MAPC) — projected population changes and housing demand through the year 2040. This project was intended to inform 2020 Regional Transportation Plans and analyzed demographic trends, labor force participation, commuting pattens, and other data to estimate population and household growth. Town of Brewster Housing Production Plan 2022-2027 9 population projections through 2025 as part of their 2017 Regional Housing Market Analysis, which anticipated a 2020 population of 9,833.9 POPULATION AGE An estimated 14 percent of Brewster residents are under 18, which is in line with the county (15 percent), but significantly lower than the state (20 percent). Conversely, Brewster has a markedly larger percentage of older adults over age 55 than the state (53 percent and 30 percent, respectively). This trend applies to the Lower Cape and county to different degrees, as shown in Table 1. Figure 3 breaks down Brewster’s population by age, and Figure 4 highlights changes in different age groups between 2010 and 2020. All benchmark geographies saw a decrease in the share of their populations under 55 and an increase for the 55+ populations. Both population shifts were more pronounced in Brewster than in the Lower Cape, County, or state to varying degrees. 9 Cape Cod Commission, Regional Housing Market Analysis and 10-Year Forecast of Housing Supply and Demand for Barnstable County, Massachusetts, 2017. Prepared by Crane Associates, Inc. and Economic Policy Resources. Table 1. Percent of Population Under 18 and Over 55 % Population Under 18 % Population Over 55 Brewster 13.8% 52.9% Lower Cape 12.5% 56.9% Barnstable County 15.2% 48.2% MA 19.9% 30.1% Source: ACS 5-Year Estimates, 2016-2020, Table B01001 1,790 5,226 8,440 10,094 9,820 10,318 9,786 9,266 7,863 0 2,000 4,000 6,000 8,000 10,000 12,000 1970 1980 1990 2000 2010 2020 2030 2040 Year Figure 2. Total Population: Past Trends and Future Projections Sources: US Decennial Census, 1970-2020, MassDOT Population Projections, 2018 Population (Actual)Population (Projected) Town of Brewster Housing Production Plan 2022-2027 10 -3% -4% -7% 8% 2% -3% -1% -7% 8% 2% -3% -1% -7% 7% 1% -2% -1% -4% 5% 0% -8% -6% -4% -2% 0% 2% 4% 6% 8% 10% Figure 4. Percent Change in Population by Age, 2010-2020 Source: ACS 5-Year Estimates, 2006-2010 and 2016-2020, Table B01001 Brewster Lower Cape Barnstable County MA Under 18 Years 18 to 34 Years. 35 to 54 Years 55 to 74 Years Over 75 Years 13.8% 14.7% 18.8% 39.1% 13.8% Figure 3. Population by Age Source: ACS 5-Year Estimates, 2016-2020, Table B01001 Under 18 Years (13.8%) 18 to 34 Years (14.7%) 35 to 54 Years (18.8%) 55 to 74 Years (39.1%) 75 Years and Over (13.8%) Town of Brewster Housing Production Plan 2022-2027 11 RACE, ETHNICITY, AND CULTURE While the Cape continues to have less racial and ethnic diversity than the state, Brewster’s population did see a slight increase in its minority populations between 2010 and 2020, as did the Lower Cape and Barnstable County. In Brewster, the largest increase during this time was among of residents identifying as two or more races (see Table 2). Map 2 displays the minority population across the Lower Cape region by census block group. EDUCATION Nearly half (48 percent) of Brewster’s population over age 25 holds a bachelor’s degree or higher, exceeding Barnstable County and Massachusetts (both an estimated 45 percent), although behind the Lower Cape’s estimated 52 percent. Nearly a quarter of the adults over 25 living in Brewster and the Lower Cape have advanced degrees — master’s, professional, or doctoral — which sets the region apart from the County as a whole and state. Table 2. Brewster Population by Race and Ethnicity, 2010-2020 2010 2020 White 96.7% 91.4% Black 0.7% 1.6% American Indian and Alaska Native 0.2% 0.2% Asian 0.9% 1.1% Native Hawaiian and Other Pacific Islander 0.0% 0.1% Other 0.5% 1.0% Two or More Races 1.0% 4.7% Hispanic or Latino (All Races) 1.7% 3.0% Source: US Decennial Census, 2010 and 2020 2.9%2.2%4.2% 8.9% 19.6%18.9% 22.7%23.5% 30.3% 27.0%28.1% 23.0%23.7% 27.5% 24.9%24.5%23.6%24.4% 20.1%20.0% 0% 5% 10% 15% 20% 25% 30% 35% Brewster Lower Cape Barnstable County MA Figure 5. Educational Attainment for the Population 25 and Over Source: ACS 5-Year Estimates, 2016-2020, Table B15003 Less than High School High School Graduate (Includes Equivalency) Some College Bachelor's Degree Advanced Degree (Master's, Professional, or Doctorate Degree) A N Town of Brewster Map 2. Minority Population, Lower Cape May 2022; Source: Town of Brewster, U.S. Census 2020, MassGIS, and MassDOT 134 DENNIS YARMOUTH '-..._L ) '1 / � // (,. r-1 / ' ) ( � C - /r- // Percent Minority D 4%-6% D 6.1%-8% D 8.1%-11% -I I.I%-13% -13.1%-17% r -'- 0 1 2 Miles MassDOT Major Roads U.S. Highway State Route -Non-numbered Road D Town of Brewster r _ 1 Other Lower Cape Towns L _:1 Surrounding Towns (" EASTHAM Town of Brewster Housing Production Plan 2022-2027 13 LABOR FORCE A community’s labor force includes all civilian residents over the age of 16 who are either currently employed or are actively seeking employment. Brewster has an estimated civilian labor force of 4,976, with 4,641 employed in a variety of industries.10 ACS estimates indicate that over one fifth of Brewster’s labor force is employed in educational services, health care, or social assistance, as shown in Table 3. Additionally, an estimated 23 percent of working Brewster residents work in Brewster, which is a significantly lower share of individuals working in their municipality of residence than in the Lower Cape (35 percent), County (41 percent), and state (33 percent). The difference is not surprising considering Brewster’s small local economic base, although it also reinforces feedback from the community engagement process that people who work in Brewster may struggle to afford to live in the community. DISABILITY Twelve percent of Brewster residents live with a disability, a figure in line with the Lower Cape and County (both 13 percent), and state (12 percent).11 Over half of Brewster residents over 65 have some sort of disability, which is relatively low compared to the state. This trend applies county-wide, as the Cape’s share of this age cohort with a disability is 52 percent, significantly lower than the state’s 67 percent. Table 4 breaks down disabilities by type, both among Brewster residents with a disability and among all non-institutionalized residents. Overall, cognitive difficulties are the most common challenge, closely followed by independent living difficulties. 10 ACS 5-Year Estimates, 2016-2020, Table C24030. 11 ACS 5-Year Estimates, 2016-2020, Table B18101. Note that ACS disability status is calculated using the non-institutionalized population, which means those living in institutionalized “group quarters” settings such as nursing homes are not included. ACS estimates indicate that Brewster’s non-institutionalized population is 9,530 compared to the total population estimate of 9,811. Table 3. Top Five Industries for Brewster’s Labor Force Industry % Resident Labor Force Educational Services; Health Care and Social Assistance 22.3% Professional, Scientific, Management; Administrative and Waste Management Services 16.8% Arts, Entertainment, and Recreation; Accommodation and Food Services 13.8% Construction 12.8% Other Services (Except Public Administration) 8.3% All Other Industries Combined 26.0% Source: ACS 5-Year Estimates, 2016-2020, Table C24030 Table 4. Type of Disability Type of Disability % Disabled Pop % Total Pop Hearing Difficulty 34.0% 3.9% Vision Difficulty 5.6% 0.7% Cognitive Difficulty 49.7% 5.8% Ambulatory Difficulty 31.3% 3.6% Self Care Difficulty 13.7% 1.6% Independent Living Difficulty 47.6% 5.5% Source: ACS 5-Year Estimates, 2016-2020, Table S1810. Because some residents may have multiple disabilities, percentages do not equal 100 percent. Town of Brewster Housing Production Plan 2022-2027 14 Household Type In federal census terms, a family household includes two or more related people living together in the same housing unit, and a non-family household can be a single person living alone or two or more unrelated people living together. Brewster’s percentage of family and non-family households is similar to the county and state levels, but the breakdown is significantly different; only 19 percent of Brewster households have children under 18 (a decrease since 2010, as Table 5 shows), compared to the state at 29 percent. This trend is consistent across the Cape, with some Outer Cape communities even falling below 10 percent. For nonfamily households, the percentage of householders living alone increased in Brewster by about 5 percent. Among this household type, the biggest increase was among those 65 or older, representing 41 percent of householders living alone in 2010 versus 63 percent in 2020.12 Map 3 displays families with children under 18 by census block group and Map 4 shows households with someone over 65. 12 American Community Survey 5-Year Estimates, 2016-2020, Table B25011. Table 5. Changes in Household Type, 2010-2020 2010 2020 Difference Number Percent Number Percent Percent Family Households 2,851 64.0% 2,812 62.3% -1.7% With Children Under 18 938 21.1% 849 18.8% -2.3% With No Children Under 18 1,913 43.0% 1,963 43.5% 0.5% Nonfamily Households 1,602 36.0% 1,703 37.7% 1.7% Householder Living Alone 1,201 27.0% 1,428 31.6% 4.6% Householder Not Living Alone 401 9.0% 275 6.1% -2.9% Total Households 4,453 100.0% 4,515 100.0% Source: ACS 5-Year Estimates, 2006-2010 and 2016-2020, Table B11001 3. Town of Brewster Housing Production Plan 2022-2027 15 Town of Brewster Housing Production Plan 2022-2027 16 Household Size The estimated average household size in Brewster is 2.11, below the county at 2.20 and more significantly below the state at 2.50.13 This trend toward smaller household sizes in Brewster is also demonstrated by 2010 and 2020 population and household counts; while the 2020 Census average household size is not available at the time of this plan, Table 6 displays the ratio between total population and total households to estimate changes in household size. For additional context, Maps 5 and 6 show the concentration of one-person households and households of four or more persons by census block group. 13 ACS 5-Year Estimates, 2016-2020, Table B25010 Table 6. Ratio Population and Household Counts, 2010 and 2020 Brewster Lower Cape Barnstable County MA 2010 2020 2010 2020 2010 2020 2010 2020 Ratio of Pop to Household 2.24 2.16 2.12 2.11 2.25 2.22 2.57 2.56 Source: US Decennial Census, 2010 and 2020 Town of Brewster Housing Production Plan 2022-2027 17 Household Income In 2020 the estimated median household income for Brewster households was $81,625, slightly over the Lower Cape median of $78,985 and the County at $76,863.14 However, median income is not the only indicator of household wealth in a community, particularly when a significant number of householders are retired; thirty-eight percent of Brewster households had retirement income compared to 36 percent for the Lower Cape and 32 percent for the county, setting the Cape significantly apart from the state’s 19 percent of households with retirement income.15 For this reason, viewing income levels across households provides additional insight regarding distribution of wealth. Between 2010 and 2020, the share of Brewster households earning over $125,000 increased considerably, while households earning below this level decreased across most income subcategories, as Figure 6 demonstrates. The greatest shift was in households earning over $200,000, which jumped over 9 percent in a ten-year period. This may indicate that wealthier households have moved into the community over the last decade, a finding also demonstrated by the housing market analysis later in this plan. 14 ACS 5-Year Estimates, 2016-2020, Table B19013. For regional context, Map 7 displays median household incomes by block group across the Lower Cape. 15 ACS 5-Year Estimates, 2016-2020, Table B19059 15.8% 23.1% 21.1% 10.8% 15.1% 5.1%4.7%4.3% 13.3% 16.8% 15.5%16.3% 7.9%7.3% 9.3% 13.7% 0% 5% 10% 15% 20% 25%Less than $25,000$25,000-$49,000$50,000-$74,999$75,000-$99,999$100,000-$124,999$125,000-$149,999$150,000-$199,999$200,000 or MoreFigure 6. Household Income for Brewster Households, 2010-2020 Source: ACS 5-Year Estimates, 2006-2010 and 2016-2020 2010 2020 Town of Brewster Housing Production Plan 2022-2027 18 This trend is also confirmed by Comprehensive Housing Affordability Strategy (CHAS) data, which provides estimates of households at 30, 50, 80, and 100 percent or greater of HUD’s Area Median Family Income (HAMFI).16 These income levels are determined by HUD for Metropolitan Statistical Areas (MSAs), which are large geographies designated by the U.S. Office of Management and Budget to represent a larger regional market.17 Between 2010 and 2018 (the most recent year for which CHAS data is available), the percentage of low-income households earning 80 percent HAMFI or lower slightly decreased while the percentage of households earning over 100 percent HAMFI increased by nearly 5 percent (see Table 7). Also notable is the decrease in households earning over 80 percent and up to 100 percent HAMFI, likely due to these households being priced out of an increasingly competitive housing market yet also being ineligible for an affordable unit. Table 7. Estimated Households by Income Level, 2010-2018 2010 2014 2018 Difference, 2010-2018 Percent of Households Earning 80% HAMFI or Lower 36.7% 37.8% 34.3% -2.4% Percent of Households Earning 81-100% HAMFI 14.9% 11.6% 12.7% -2.2% Percent of Households Earning More Than 100 % HAMFI 48.1% 50.6% 52.9% 4.8% Source: Comprehensive Housing Affordability Strategy (CHAS) data, 2014-2018 AREA MEDIAN INCOME Regionally, the median family median income as determined by HUD has increased sharply, jumping $26,3000 from FY2021 to FY2022, as shown in Figure 7. 16 The area median income is used by HUD to determine income limits for eligibility for assisted housing programs. 17 Brewster is part of the “Barnstable Town, MA MSA,” which includes all fifteen Cape Cod communities. $75,300 $79,000 $80,000 $74,900 $74,900 $80,300 $77,100 $90,200 $86,200 $91,300 $96,600 $89,300 $115,600 $50,000 $70,000 $90,000 $110,000 $130,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Figure 7. HUD Area Median Family Income (HAMFI) for Barnstable County Metropolitan Statistical Area Town of Brewster Housing Production Plan 2022-2027 19 AGE AND INCOME In terms of income and age, Brewster householders 45 to 64 have the highest median household incomes of local and county households, as shown in Table 8. This trend is common for this age group, as they tend to be more advanced in their careers than their peers in younger age brackets. However, Brewster’s median income for householders 25 to 44 is nearly $22,000 lower than the state level, which means that younger Brewster households may have more difficulty with housing and other expenses. Conversely, the median income for householders 65 and over is considerably higher than the state, a trend that makes sense considering the percentage of wealthier households has increased along with the percentage of older adults. Table 8. Median Household Income by Age of Householder Brewster Barnstable County Massachusetts Householder Under 25 Years No Data $54,975 $44,222 Householder 25 To 44 Years $74,597 $82,045 $96,311 Householder 45 To 64 Years $101,852 $95,374 $103,973 Householder 65 Years And Over $67,288 $65,297 $52,973 Source: ACS 5-Year Estimates, 2016-2020, Table 19049 HOUSEHOLD TYPE AND INCOME Despite the relatively higher median income for older adults, “elderly non-family” households (adults over age 62 living alone) are nonetheless the most likely to be considered “low to moderate income,” or LMI. This refers to households earning at or below 80 percent HAMFI. The “Poverty Level” section below explores this topic further and looks at household types most likely to experience poverty. Table 9. Low-to-Moderate Income (LMI) Households by Household Type HUD-Defined Household Types Total Households LMI Households % LMI Households Elderly family (2 persons, with either or both age 62 and over) 1205 385 32.0% Elderly non-family 870 530 60.9% Large family (5 or more persons) 215 30 14.0% Small family (2 persons, neither person 62 years or over, or 3 or 4 persons) 1425 250 17.5% Other (non-elderly non-family) 575 280 48.7% Source: Detailed CHAS Tables, 2014-2018, Table 7 Town of Brewster Housing Production Plan 2022-2027 20 ENVIRONMENTAL JUSTICE POPULATIONS In 2021, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) updated its 2002 Environmental Justice (EJ) Policy in accordance with Chapter 8 of the Acts of 2021.18 This policy defines an EJ population as a neighborhood (i.e., census block group) meeting specific thresholds relating to: median household income; percentage of population belonging to a racial or ethnic minority; or percentage of households with limited English proficiency. As part of this effort, the EEA mapped 2020 EJ designations by census block group based upon American Community Survey data.19 In Brewster’s case, two of the Town’s nine census block groups met the policy’s income criterion, which states that the median household income of a neighborhood is at or below 65 percent of the statewide median household income.20 An estimated 9.4 percent of Brewster’s population lives in these two block groups, both of which are in the northern part of Town along Cape Cod Bay. Poverty Level An estimated 6.9 percent of Brewster households live below the poverty level, which is slightly lower than the county (7.1 percent) and significantly lower than the state (10.6 percent). Of those households living in poverty, the highest percentage is among female householders living alone between the ages of 25 and 44 (30.5 percent) and over 65 (30.2 percent). This trend of female householders living alone being more likely to experience poverty is also seen at the county and state levels.21 18 Environmental Justice Policy of the Executive Office of Energy and Environmental Affairs. Updated June 24, 2021. Available at: https://www.mass.gov/doc/environmental-justice-policy6242021-update/download 19 Online EJ mapper available at: https://mass-eoeea.maps.arcgis.com/apps/webappviewer/index.html?id=1d6f63e7762a48e5930de84ed4849212 20 The newer EEA policy also defines the American Community Survey (ACS) as the source for income data, whereas the previous policy cited federal census data. data is based upon 2019 ACS data. 21 ACS 5-Year Estimates, 2016-2020, Table B17017 N Town of Brewster Map 7. Median Household Income, Lower Cape May 2022; Source: Town of Brewster, U.S. Census 2020, MassGIS, and MassDOT YARMOUTH ( 134 r -'- Median Household Income D $40 .833 -$47 .083 D $47 .083 -$68. 182 D $68. 1 82 -$81 .02 9 -$81,02 9 -$ I 00 ,250 -$100 ,2 5 0 -$147 ,177 D No Data 0 1 2 Miles MassDOT Major Roads U.S. Highway State Route -Non-numbered Road D Town of Brewster r _ 1 Other Lower Cape Towns L _:1 Surrounding Towns (" EASTHAM Town of Brewster Housing Production Plan 2022-2027 22 HOUSING CHARACTERISTICS As of the 2020 U.S. Decennial Census, there were 8,234 housing units located in Brewster, up from 7,953 in 2010. Of the housing units in Brewster, an estimated 75 percent are detached single-family homes compared to 52 percent of the housing across Massachusetts. Because Brewster experienced significant growth between 1970 and 1990, the number of housing units likewise increased, growing more than four-fold.22 Figure 8 highlights this growth pattern, which largely coincides with the age of the Town’s housing stock described below. Housing Age Brewster has a significantly larger share of homes built between 1980 and 1999 than the Lower Cape, county, and state, with an estimated 51 percent of Brewster’s housing units built during this time. While Figure 9 displays the age of housing stock by intervals of twenty years, housing units built during the 1980s make up the largest share by decade at an estimated 36 percent (2,878 housing units), the largest jump in five decades. Also of note is the much smaller share of housing units built before 1940 in Brewster compared to the Lower Cape, Barnstable County, and the state. 22 Minnesota Population Center. National Historical Geographic Information System: Version 2.0. Minneapolis, MN: University of Minnesota 2011. 1,494 3,489 6,367 7,339 7,953 8,234 0 2,000 4,000 6,000 8,000 10,000 1970 1980 1990 2000 2010 2020Total Housing UnitsYear Figure 8. Brewster Total Housing Units, 1970-2020 Source: U.S. Decennial Census and Minnesota Population Center Town of Brewster Housing Production Plan 2022-2027 23 Housing Types While Brewster’s estimated share of total share of single-family homes is on par with the County’s share (each 87 percent), Brewster has a significantly higher percentage of “single family attached” homes (such as condominiums), estimated at 11 percent compared to the Lower Cape and county’s 5 percent. The Villages at Ocean Edge is the largest contributor to this category of housing, although there are other smaller attached condominium developments off Snow Road and along Cape Cod Bay. Table 10. Units in Structure Brewster Lower Cape Barnstable County Massachusetts Single Family, Detached 75.4% 84.9% 81.6% 52.1% Single Family, Attached 11.1% 5.2% 5.1% 5.5% 2 Units 1.8% 1.7% 2.3% 9.7% 3 or 4 Units 3.4% 2.5% 3.6% 10.7% 5 to 9 Units 4.1% 2.8% 2.8% 5.8% 10 to 19 Units 2.0% 1.0% 1.4% 4.3% 20 to 49 Units 1.4% 1.4% 1.5% 4.4% 50 or More Units 0.8% 0.4% 1.2% 6.9% Other 0.0% 0.1% 0.5% 0.8% Source: ACS 5-Year Estimates, 2016-2020, Table B25024 4.2% 10.3%10.5% 31.6% 4.4% 9.4%10.9% 17.0% 29.5% 31.4%31.8% 21.7% 51.6%37.3%35.4%18.8% 10.3%11.6%11.5%10.9% 0% 20% 40% 60% 80% 100% Brewster Lower Cape Barnstable County Massachusetts Figure 9. Year Structure Built Source: ACS 5-Year Estimates, 2016-2020, Table 25034 Built 2000 or later Built 1980 to 1999 Built 1960 to 1979 Built 1940 to 1959 Built 1939 or Earlier Town of Brewster Housing Production Plan 2022-2027 24 SINGLE-FAMILY (DETACHED) HOMES Cape-style homes are most common among Brewster’s detached single family homes (45 percent), followed by ranches (28 percent) and colonials (14 percent).23 The remaining 13 percent of detached single-family homes consist of a mix including contemporary, conventional, cottage/bungalow, raised ranch, and other home styles. Table 11 below indicates the most common style for homes built during different periods, as well as other notable features including the average residential floor area, lot sizes, and number of rooms. Homes built since 2000 tend to be larger and hold more building value compared to the land, as shown by the ratio of average land values to average building values. A ratio under 1.0 indicates that the buildings on average are more valuable than the land, in large part due to the trend toward larger homes. Conversely, ratios over 1.0 indicate that the land on average is more valuable than the buildings. This is more common for older homes, potentially putting them at greater risk of teardown, as a new or existing owner of an older home may choose to demolish and rebuild rather than repair, renovate, or maintain a home in poor condition. The Town may wish to monitor teardown activity to see whether this trend increases in Brewster, potentially leading to changes in overall housing affordability. Table 11. Change in Size and Value in Brewster's Single-Family Home Inventory Year Built No. of Records Most Common Housing Style Average Residential Floor Area (Sq. Ft.) Average Lot (Sq. Ft.) Average No. Rooms Ratio of Average Land Value to Average Building Value 2000 to Present 760 Cape 2,561 50,809 7 0.583 1980 to 1999 2,343 Cape 1,913 37,529 6 0.688 1960 to 1979 1,930 Cape 1,608 27,844 6 0.950 1940 to 1959 298 Ranch 1,445 36,406 6 2.435 1939 or Earlier 295 Conven/Old 1,773 50,103 7 1.499 Source: Brewster's Assessor's Parcel Database (2022) and Barrett Planning Group LLC CONDOMINIUMS Assessor’s records indicate that Brewster has 1,518 condominium units, which accounts for the relatively large share of attached single-family homes noted above. However, there are also a number of detached condos (124), such as those in the recently developed Brewster Landing on Sachemus Trail.24 Brewster’s condominium stock predominantly consists of townhouses and garden style buildings, although there are also some duplexes and triplexes. TWO-UNIT HOMES Assessed differently from a duplex condominium where each unit has its own owner, a two-unit home has one owner but two residential units. Assessor’s records indicate that Brewster has 47 two-unit homes, nearly half of which are owner-occupied and most of which were built prior to 1980. 23 Town of Brewster Assessor’s Records, FY 2022. 24 Brewster Landing has 28 condominiums total, with 24 detached and 4 in duplex structures. Town of Brewster Housing Production Plan 2022-2027 25 LARGER MULTI-UNIT PROPERTIES Brewster’s multi-unit housing portfolio includes a very limited number of smaller, 4–8-unit structures (four, according to Assessor’s records). Additionally, there are several larger multi-unit rental properties, all of which contribute or are expected to contribute to the Town’s Subsidized Housing Inventory (SHI) and are described below. • King’s Landing. Constructed in 1975, King’s Landing is Brewster’s oldest multi-unit development and provides 108 rental units in a mix of one-, two-, three-, and four-bedroom apartments. King’s Landing was acquired and renovated by Preservation of Affordable Housing (POAH) in 2013. • Huckleberry Lane. One of two Brewster Housing Authority (BHA) properties, Huckleberry Lane was built in 1989 to provide family housing and includes 24 two- and three-bedroom rental units. • Frederick Court. BHA’s second property was built in 1990 and consists of 32 one-bedroom rental units for older adults and disabled persons. • Wells Court. Built in 2004 on land provided by the BHA, Wells Court consists of one building housing 24 one-bedroom rental units for older adults. • Serenity at Brewster. The former Wingate property has been redeveloped into 132 studio and one-bedroom rental units for older adults over age 55. Phase 1 opened in July 2021 and included 41 studios; Phase 2 is expected to be ready for occupancy in 2022 and will include 91 studios and one-bedroom units. Of the project’s 132 total units, 27 are expected to be added to the Town’s SHI in 2022. • Brewster Woods. Currently in development and built on land leased from the BHA, Brewster Woods will provide 30 one-, two-, and three-bedroom rental units in two buildings. MIXED USE Assessor’s records indicate 79 mixed use properties with some degree of residential use alongside commercial activity. This includes properties that are primarily residential with a secondary commercial use (e.g., an antique shop or art gallery), as well as properties that are primarily commercial with a secondary residential use such as a second-floor apartment. NURSING HOMES & ASSISTED LIVING Brewster has two assisted living facilities that provide a combined 191 units. Both Maplewood and Pleasant Bay Woodlands Assisted Living include ten percent affordable units, although these are not included on the Town’s SHI. Town of Brewster Housing Production Plan 2022-2027 26 Vacancy & Tenure CHANGE IN VACANCY From 2010 to 2020, the percentage of vacant units decreased in Brewster, as was the trend at the Lower Cape, county, and state levels, although to a greater degree than Brewster experienced (see Figure 10, which displays the percent change in housing occupancy from 2010 to 2020). While the percent of occupied units increased, this figure should not be considered a metric for the availability of year- round housing because it does not account for the vacancy type. For census purposes, “vacant” units include those used for seasonal, recreational, or occasional use, so much of Brewster’s vacant housing units are used as second homes or short-term rentals. Because Census 2020 data has only been partially released, the official year-round housing count (which subtracts these seasonal homes) is not yet available. However, ACS estimates indicate an increase in housing units used for this purpose, as shown in in Figure 11. Thus, while the percentage of vacant units has decreased, these units considered “vacant” are increasingly used for seasonal, recreational, or occasional use – a trend described during the community engagement process. Map 8 shows the percentage of vacant housing units by block group. 8.8%8.4%8.0%7.9% -2.6% -4.7%-4.7%-4.5% -6% -4% -2% 0% 2% 4% 6% 8% 10% Figure 10. Percent Change in Housing Occupancy, 2010-2020 Source: US Decennial Census, 2010 and 2020 Occupied Units: % Change from 2010-2020 Vacant Units: % Change from 2010-2020 Brewster Lower Cape Barnstable County MA 6.1% 5.0% 3.0% 0.3% 0% 1% 2% 3% 4% 5% 6% 7% Brewster Lower Cape Barnstable County MA Figure 11. Percent Change in Total Housing Units Used For Seasonal, Recreational, or Occasional Use, 2010-2020 Source: ACS 5-Year Estimates, Table B25004 Town of Brewster Housing Production Plan 2022-2027 27 IMPACT ON YEAR-ROUND TENURE Housing tenure refers to whether a householder owns or rents their home. Feedback from the community engagement process indicates an observation that year-round rentals are being replaced by short-term rentals, leading to displacement of renter households. Brewster does not currently track whether a housing unit is an owner’s primary or secondary residence (or whether it used for short- term rentals), nor is detailed Census 2020 vacancy status available as of the date of this plan. While it is difficult to determine the precise impact of short-term rentals on year-round tenure, the limited data available corroborates this feedback from residents: ACS estimates indicate a decline in the share of year-round renter households between 2010 and 2020, both in Brewster and the Lower Cape (and to a lesser degree, the county) with a corresponding increase in the share of vacant units, as Figure 12 demonstrates. In addition, a market analysis of advertised rental units in Brewster over the last 48 months indicates a very limited inventory, with an average of twelve units advertised per year.25 Map 9 shows the percentage of renter households by census block group based on the most recent ACS 5- year estimates. 25 See attached report in Appendix A. This does not include units in Brewster’s larger multi-unit residential developments; these properties (described on page 17) have very long waitlists of several years because they are all affordable units. 42.3%45.5%45.9%50.9% 38.2%41.6% 9.8%9.1% 9.9%8.2%10.3%7.5% 12.1%11.9% 32.4%34.1% 47.8%46.3%43.8%41.6%49.7%46.5% 57.8%56.8% 0% 20% 40% 60% 80% 100% Figure 12. Housing Occupancy and Tenure Source: ACS 5-Year Estimates, 2006-2010 and 2016-2020, Tables B25002 and B25003 Vacant Renter-Occupied Owner-Occupied 2010 2020 Brewster Lower Cape 2010 2020 Barnstable County 2010 2020 MA 2010 2020 Town of Brewster Housing Production Plan 2022-2027 28 Town of Brewster Housing Production Plan 2022-2027 29 TENURE BY AGE & INCOME Homeowners in Brewster tend to be older and wealthier, with the strong majority of householders over the age of 45 owning their homes. The breakdown by tenure shifts somewhat for older adults over age 75 who are more likely to rent than householders between the ages of 45 to 74.26 Younger householders between 25 and 34 are much more likely to rent than own a home in Brewster. 26 For census purposes, “householder” refers to the person or one of the people in whose name a housing unit is owned or rented; thus, because the number of householders for a geography equals the number of households, the data discussed in this section does not refer to all members of a household. 22% 65% 90% 100% 91% 94% 82% 88% 78% 35% 10% 9% 6% 18% 12% 0%20%40%60%80%100% 25 To 34 Years 35 To 44 Years 45 To 54 Years 55 To 59 Years 60 To 64 Years 65 To 74 Years 75 To 84 Years 85 Years And Over Figure 13. Tenure by Age of Householder Source: ACS 5-Year Estimates, 2016-2020, Table B25007 Note that a true 100% value is unlikey; ACS estimates are based on a rolling 5-year dataset and include a margin of error. Owner Renter 34% 76% 85% 82% 98% 100% 66% 24% 15% 18% 2% 0%20%40%60%80%100% Less than $25,000 $25,000-$49,000 $50,000-$74,999 $75,000-$99,999 $100,000 to $149,999 $150,000 or more Figure 14. Tenure by Household Income Source: ACS 5-Year Estimates, 2016-2020, Table B25118 Owner Renter Town of Brewster Housing Production Plan 2022-2027 30 HOUSING MARKET Development Trends Building permits are a good indicator of housing activity within a town because they show the predominant types of development activity in a given year. Table 12 provides a snapshot of residential building permit activity from 2017- 2021 and indicates that residential development continues to favor single-family homes, with teardown activity more prevalent in 2017 and 2018 than in recent years. Additionally, since the Town adopted its 2018 ADU/ACDU bylaw, over 20 building permits for ADUs have been issued.28 The most recently permitted affordable housing developments have been multi-unit projects, including Serenity at Brewster and Brewster Woods. Looking forward, the Town recently accepted a proposal to develop 45 one-, two-, and three-bedroom rental units on 16.1 acres of Town-owned Land on Millstone Road. All other affordable developments over the last ten years have provided affordable ownership opportunities, including fourteen Habitat for Humanity homes on Paul Hush Way (permitted in 2017), seven homes at Brewster Landing (out of twenty-eight total homes; permitted in 2014), and three homes at White Rock Commons (out of twelve total homes; permitted in 2014). Apart from Brewster’s two existing assisted living facilities, all larger multi-unit residential development in Brewster has been tied to the development of affordable housing — and all except Serenity at Brewster have been 100 percent affordable. While this is commendable and serves to meet the needs of the most vulnerable households, it also points to a lack of market rate rental available to households ineligible for an affordable unit but who want or need to rent for a variety of reasons, as well as the lack of regulatory mechanisms for creating this housing. Housing Sale Prices Housing prices have soared in Brewster, with a current 2022 median sale price (through April 2022) of $753,500 for a single-family compared to $602,000 for Barnstable County.29 As shown in Figure 15, from 2020 to 2021, median sales prices in Brewster jumped $135,500 for single-family homes and $92,250 for condominiums, representing the largest one-year increase in over ten years. While this increase in median sales price is not unique to Brewster, Figure 16 shows that Brewster and the Lower Cape are experiencing this decrease in affordability to a greater extent than the county and state.30 27 2018: seven multi-unit permits issued for modular dormitory-style buildings at Ocean Edge used to house J-1 visa workers. 2021: two multi-unit permits issued for each phase of Serenity at Brewster; two multi-unit permits issued for Brewster Woods. 28 Brewster Housing Office, “2022 Housing Summary Update Paper,” February 2022. 29 Median Sales Price for Brewster and Barnstable County, Calendar Year, Banker & Tradesman via The Warren Group. Median sales price is based upon twenty-four sales in Brewster between January and April 2022 and 1,052 sales for Barnstable County. 30 Lower Cape median sale prices based on average of median sale prices for Brewster, Chatham, Harwich, and Orleans. Table 12. Residential Building Permit Data, 2017-2021 Single Family Permits Multi-Unit Permits27 Demolition Permits 2017 36 14 2018 41 7 22 2019 14 7 2020 22 4 2021 17 4 1 Source: Brewster Building Department, March 2022 Town of Brewster Housing Production Plan 2022-2027 31 $763,953 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Figure 16. Median Single Family Sales Prices for Brewster and Comparison Geographies, 2010—2021 Source: Banker & Tradesman via The Warren Group Adjusted for Inflation to 2020 BREWSTER Lower Cape Barnstable County MA Linear Trend (Brewster)Linear Trend (Lower Cape) Linear Trend (Barnstable County)Linear Trend (MA) $365,000 $369,000 $397,500 $380,000 $374,900 $389,750 $415,000 $425,000 $450,000 $465,000 $519,500 $655,000 $251,487 $222,638 $241,029 $226,444 $241,744 $223,165 $255,925 $238,248 $275,744 $282,529 $285,000 $377,250 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Figure 15. Brewster Median Sales Prices, 2010-2021 Source: Banker & Tradesman via The Warren Group Adjusted for Inflation to 2020 by Barrett Planning Group Single Family Condo Town of Brewster Housing Production Plan 2022-2027 32 Property Taxes Property taxes are often an important consideration for perspective residents when deciding where to purchase a home and are often cited as a concern for many retired adults who must account for increasing property tax bills against a fixed income. Residential property invariably accounts for the largest percentage total assessed value in cities and towns, particularly for communities with a limited commercial base. In Brewster’s case, residential assessed values make up 94.5 percent of the total assessed value for FY2022, a higher share than all Cape communities except Truro, Wellfleet, and Eastham.31 While this speaks to the more rural character of Brewster that many residents cherish, it also means that property taxes may be more of a concern for residents. That said, despite Brewster’s limited commercial tax base, the average single family tax bill is consistently less than that of other Lower Cape communities, as shown in Figure 17.32 However, just because the average tax bill is lower in Brewster does not mean that the tax rate is lower. In fact, the residential tax rate for Brewster in 2022 is $7.85 per $1,000 in assessed value, higher than Chatham ($4.62) and Orleans ($7.20), although lower than Harwich ($8.11).33 Communities can adopt a “residential exemption” which results in an increased tax rate but allows eligible owners of primary residences to deduct a predetermined amount from their property assessments before figuring taxes. Residential exemptions can ultimately shift the residential tax burden from year-round owners of moderately priced homes to owners of rental properties and 31 “Assessed Values by Class,” FY 2022. Division of Local Services, Massachusetts Department of Revenue. 32 “Average Single Family Tax Bill,” FY2017-2022. Division of Local Services, Massachusetts Department of Revenue. 33 “Tax Rates by Class,” FY 2022. Division of Local Services, Massachusetts Department of Revenue. 2017 2018 2019 2020 2021 2022 BREWSTER $4,073 $4,219 $4,499 $4,736 $4,838 $5,091 Chatham $4,389 $4,462 $4,651 $4,842 $5,030 $5,164 Harwich $4,261 $4,456 $4,698 $4,960 $5,029 $5,162 Orleans $4,799 $5,200 $5,992 $6,265 $6,593 $6,703 $4,000 $4,500 $5,000 $5,500 $6,000 $6,500 $7,000 Figure 17. Average Single Family Tax Bill for Lower Cape Communities, FY2017-2022 Source: Average Single Family Tax Bill, Division of Local Services, MA Department of Revenue Town of Brewster Housing Production Plan 2022-2027 33 vacation homes — as well as year-round owners of higher valued properties.34 This tipping point for year-round homeowners occurs if the amount subtracted from assessed value is not enough to counteract the increased tax rate, an important consideration as home values continue to rise. Although this practice is more common among seasonal communities, only a few Cape communities have adopted the residential exemption (most recently, Wellfleet, Truro, and Provincetown, with Barnstable having adopted the residential exemption in 2005). The percentage of year-round owner- occupied housing units can help a community determine whether a residential exemption makes sense — the smaller the share of eligible homeowners, the more balanced the shift in tax burden will be. The Outer Cape communities that have recently adopted the residential exemption have significantly lower shares of homeowners eligible for the residential exemption than Brewster and much higher percentages of homes used for seasonal, recreational, or occasional use. Based upon Brewster’s estimated share of owner-occupied homes, the Brewster Board of Assessors historically has not recommended adopting a residential exemption, although they continue to monitor these considerations and provide an analysis annually to the Brewster Selectboard.35 Market Rents Determining a true “market rent” range for Brewster is difficult because of the limited inventory of market rate rentals from which to draw data. Additionally, ACS data for gross rent includes subsidized units, which lowers the median. For understanding market rent, this section uses HUD’s 2022 Fair Market Rents (FMRs) for the Barnstable County Metropolitan Statistical Area (MSA). FMRs are “housing market-wide estimates of rents that provide opportunities to rent standard quality housing throughout the geographic area in which rental housing units are in competition.”36 Table 13 displays the FMRs by bedroom for Brewster’s MSA. Housing Market Projections According to the Cape Cod Commission’s 2017 Regional Housing Market Analysis, housing demand is expected to increase most dramatically in the over-65 age group through the year 2025, which corresponds with the continued population increase for this cohort.37 Additionally, while the total number of year-round housing units in Brewster is expected to continue to exceed the number second 34 Residential exemptions are authorized under MGL c. 59, §5C. 35 Memo from James Gallagher, Deputy Assessor, to Jill Scalise, Housing Coordinator. June 30, 2022. 36 Code of Federal Regulations, § 888.113: “Fair market rents for existing housing: Methodology.” 37 Cape Cod Commission, Cape Cod Commission, Regional Housing Market Analysis and 10-Year Forecast of Housing Supply and Demand for Barnstable County, Massachusetts, 2017, Table 3.8, Page 60. Prepared by Crane Associates, Inc. and Economic Policy Resources. Table 13. 2022 Fair Market Rent (FMR), Barnstable County MSA Bedrooms Monthly FMR 1 br $1,428 2 br $1,879 3 br $2,323 4 br $2,548 Source: 2022 FMR for Barnstable Metropolitan MSA, HUD Town of Brewster Housing Production Plan 2022-2027 34 homes through 2025, the gap is anticipated to narrow; of the net 413 total housing units anticipated between 2015 and 2025, it is forecasted that 292 will be second homes compared to 131 year-round homes. HOUSING AFFORDABILITY Housing Cost Burden One metric for understanding housing affordability is housing cost burden. The U.S. Department of Housing and Urban Development (HUD) defines cost-burdened households as those paying more than 30 percent of their income toward housing costs, and severely cost-burdened households as those paying more than 50 percent. Cost-burdened households have fewer funds left over for other expenses such as food, transportation, clothing, childcare, and medical care. This strain makes it difficult for these households to “get ahead” financially as they struggle to meet these necessities, let alone establish savings. In Brewster, an estimated 31 percent of all households are cost-burdened compared to 35 percent for Barnstable County.38 Figure 18 displays the level of cost burden for households at different income levels using the Household Area Median Family Income (HAMFI, also abbreviated AMI for Area Median Income). While there is need at all levels, the lower income households are much more likely to be cost-burdened than households earning the median or higher. That said, there is still substantial need at levels over 80 percent AMI, and these households are not eligible for subsidized housing designated for households earning 80 percent AMI or less. In addition, the dataset used to analyze cost burden (Comprehensive Housing Affordability Strategy [CHAS] data) lags by several years and likely underrepresents cost burden in today’s housing market. Housing affordability gaps (discussed further below) use more current data and provide another metric of housing attainability. 38 Comprehensive Housing Affordability Strategy (CHAS) data, 2014-2018. Note that these figures include severely cost-burdened households. Breaking it down further, an estimated 20 percent of Brewster households are cost-burdened at 31-50 percent and 11 percent are severely cost-burdened at over 50 percent. At the County level, 19 percent of households are cost-burdened at 31-50 percent and 16 percent are severely cost-burdened at over 50 percent. 21%20% 75%70% 87% 26% 49% 17%21% 13%53%31%8%9% 1% 0% 20% 40% 60% 80% 100% Extremely Low Income (Up to 30% HAMFI) Very Low Income (31-50% HAMFI) Low Income (51-80% HAMFI) Moderate Income (81-100% HAMFI) Median Income or Higher (≥100% HAMFI) Figure 18. Housing Cost Burden by Income Level -All Households Source: CHAS, 2014-2018 No Cost Burden Cost Burden 31%-50%Cost Burden > 50% Town of Brewster Housing Production Plan 2022-2027 35 HOUSEHOLD TYPES MOST AFFECTED BY COST BURDEN Among low-to-moderate (LMI) households, 58 percent of households experience some degree of cost burden compared to 17 percent of non-LMI households. Tables 14A and 14B highlight the household types most affected by housing cost burden, with “somewhat cost-burdened” defined as paying more than 30 percent but less than or equal to 50 percent of household income on housing costs, and “severely cost-burdened” as paying more than 50 percent. Large families are most likely to be somewhat cost-burdened, whereas “other” LMI household types such as single householders under 62 or living in nonfamily housing situations are most likely to be severely cost-burdened. Table 14A. Estimated Percentage of Cost-Burdened Households by Household Type, LMI Households LMI Households Somewhat Cost- Burdened LMI Households % Of Household Type Severely Cost- Burdened LMI Households % Of Household Type Elderly family (2 persons, with either or both age 62 or over) 385 115 29.9% 90 23.4% Elderly non-family 530 125 23.6% 135 25.5% Large family (5 or more persons) 30 15 50.0% 0 0.0% Small family (2 persons, neither person 62 years or over, or 3 or 4 persons) 250 120 48.0% 40 16.0% Other 280 60 21.4% 155 55.4% Total LMI Households 1,475 435 29.5% 28.5% 28.5% Table 14B. Estimated Percentage of Cost-Burdened Households by Household Type, Non-LMI Households Non-LMI Households Somewhat Cost- Burdened Non- LMI Households % Of Household Type Severely Cost- Burdened LMI Households % Of Household Type Elderly family (2 persons, with either or both age 62 or over) 820 165 20.1% 10 1.2% Elderly non-family 340 50 14.7% 30 3.7% Large family (5 or more persons) 185 60 32.4% 0 0.0% Small family (2 persons, neither person 62 years or over, or 3 or 4 persons) 1175 120 10.2% 15 1.8% Other (non-elderly non-family) 295 10 3.4% 10 1.2% Total Non-LMI Households 2,815 405 14.4% 65 2.3% Source: Detailed CHAS Tables, 2014-2018, Table 7 Table 15 below shows maximum monthly housing costs that would prevent cost burden at different income levels. This table uses HUD’s FY 2022 income limits, which are used to determine eligibility for certain assisted housing programs and are calculated up to 80 percent AMI, and income limits up to 100 percent AMI as determined by the Massachusetts Housing Partnership (MHP). For additional reference, Appendix B correlates income levels to different jobs to provide context. Town of Brewster Housing Production Plan 2022-2027 36 Housing Affordability Mismatch: Owners An estimated 29 percent of homeowner households in Brewster experience some degree of cost burden, with 17 percent considered cost-burdened and 12 percent severely cost-burdened. Table 16 breaks cost burden for owner households by income level, with the highest value in each cost- burdened category emphasized. Very low- and extremely low-income owner households are the most likely to experience cost burden, although a significant amount of households earning over 80 percent of the HAMFI are also cost-burdened. These households would not be eligible for any current subsidized units in Brewster at this income level. Table 15. FY 2022 Income Limits and Maximum Affordable Housing Payments Extremely Low Income (Up to 30% AMI) Very Low Income (Up to 50% AMI) Low Income (Up to 80% AMI) Moderate Income (Up to 100% AMI) HUD Income Limit Max. Affordable Housing Payment HUD Income Limit Max. Affordable Housing Payment HUD Income Limit Max. Affordable Housing Payment MHP Income Limit Max. Affordable Housing Payment Household Size 1 $22,850 $571 $38,050 $951 $60,900 $2,284 $76,100 $1,903 2 $26,100 $653 $43,500 $1,088 $69,600 $2,610 $87,000 $2,175 3 $29,350 $734 $48,950 $1,224 $78,300 $2,936 $97,850 $2,446 4 $32,600 $815 $54,350 $1,359 $86,950 $3,261 $108,700 $2,718 5 $35,250 $881 $58,700 $1,468 $93,950 $3,523 $117,400 $2,935 6 $37,850 $946 $63,050 $1,576 $100,900 $3,784 $126,100 $3,153 7 $41,910 $1,048 $67,400 $1,685 $107,850 $4,044 $134,800 $3,370 8 $46,630 $1,166 $71,750 $1,794 $114,800 $4,305 $143,500 $3,588 Source: HUD Income Limits, 2022; Massachusetts Housing Partnership (MHP) ONE Mortgage Program 2022 Income Limits, and Barrett Planning Group. MHP Income Limits are extrapolated from HUD Income Limits. Maximum affordable housing payment calculation based on 30% of the annual income level divided by twelve. Table 16. Income by Cost Burden (Owners Only) Income Level No Cost Burden Cost burden 30%-49% Cost burden > 50% Extremely Low Income (Up to 30% HAMFI) 6% 10% 84% Very Low Income (31-50% HAMFI) 19% 47% 34% Low Income (51-80% HAMFI) 75% 16% 9% Moderate Income (81-100% HAMFI) 70% 20% 10% Median Income or Higher (≥ 100% HAMFI) 86% 13% 1% All Incomes 71% 17% 12% Source: Comprehensive Housing Affordability Strategy (CHAS) data, 2014-2018 Town of Brewster Housing Production Plan 2022-2027 37 Another method for understanding housing affordability is the affordability gap, which is the difference between a purchase price (or rent) and what a household can afford. Based on Brewster’s current property tax rate and industry standards for housing affordability, mortgage terms, insurance rates, and other factors, households earning the HUD-defined Area Median Family Income (HAMFI, $115,600) likely could not currently afford to purchase a single-family home in Brewster at the current median sale price, as shown in Table 17. Housing Affordability Mismatch: Renters Brewster renters are more likely to experience cost burden than homeowners, with an estimated 41% of renter households experiencing some degree of cost burden. Table 1 below breaks cost burden for renter households by income level, with the highest value in each cost-burdened category emphasized. The limitations of CHAS data become apparent in the table below, as the sample size shrinks when looking at Brewster’s limited number of renter households (an estimated 535 total for the most recent year CHAS data is available). Just as for homeowners, there is a substantial number of cost-burdened households earning over 80 percent area median income who would be ineligible for a traditional subsidized income but are nonetheless financially strained due to housing costs. In Brewster’s case, very low levels of cost burden in higher income levels (equal to or greater than 100 percent of the HAMFI) can also indicate another issue facing households: an insufficient supply of market rate rental units. There may be households who could afford market rate rentals, but the supply is not there. Thus, the sample size remains very small (an estimated 110 renter households at this income level), making the margin of error more substantial. While any true 0- or 100-percent figure is unlikely, this data still highlights the general trend that renter households earning at least 100 percent of the area median income are much less likely to experience cost burden — and that the very limited supply of market rate rentals accordingly limits the number of renter households at this income level. Table 18. Income by Cost Burden (Renters Only)* Income Level No Cost Burden Cost burden 30%-49% Cost burden > 50% Extremely Low Income (Up to 30% HAMFI) 46% 49% 6% Very Low Income (31-50% HAMFI) 22% 57% 22% Low Income (51-80% HAMFI) 78% 22% 0% Moderate Income (81-100% HAMFI) 63% 38% 0% Median Income or Higher (≥ 100% HAMFI) 100% 0% 0% All Incomes 59% 35% 7% Source: Comprehensive Housing Affordability Strategy (CHAS) data, 2014-2018. *Any 0- or 100-percent figure is unlikely due to margin of error and small sample size. Town of Brewster Housing Production Plan 2022-2027 38 In terms of the rental affordability gap, a household renting a 2-bedroom unit at the FMR ($1,879) should have a household income of approximately $75,000 to avoid housing cost burden, yet the estimated median household income of renter households in Brewster is $35,000.39 Chapter 40B Subsidized Housing Inventory Also known as the Comprehensive Permit Law, Chapter 40B of Massachusetts General Law was enacted to provide for a regionally fair distribution of affordable housing for people with low or moderate incomes. Units created under Chapter 40B remain affordable over time because a deed restriction limits resale prices and rents for many years, if not in perpetuity. The law establishes a statewide goal that at least 10 percent of the housing units in every municipality will be deed restricted affordable housing to ensure that all communities meet the “regional fair share” of low- or moderate- income housing. Other options for measuring “fair share” include a general land area minimum and an annual land disturbance standard.40 Chapter 40B authorizes the Zoning Board of Appeals (ZBA) to grant a comprehensive permit to pre- qualified developers to build affordable housing.41 A comprehensive permit covers all the approvals required under local bylaws and regulations, streamlining the application process. Under Chapter 40B, the ZBA can waive local requirements and (a) approve, (b) conditionally approve, or (c) deny a comprehensive permit; however, developers may appeal to the state Housing Appeals Committee (HAC) if their application has been denied in a community that does not meet one of the three statutory determinants of “consistent with local needs.” During its deliberations, the ZBA must balance the regional need for affordable housing against valid local concerns such as public health and safety, environmental resources, traffic, or design. Nonetheless, Chapter 40B tips the balance in favor of housing needs in towns that do not meet one the three statutory tests. In addition, ZBAs cannot subject a comprehensive permit project to requirements that “by right” developments do not have to meet. The 10 percent statutory minimum is based on the total number of year-round housing units in the most recent decennial census. In seasonal communities the number of year-round housing units is significantly lower than the total housing unit count. In Brewster the 10 percent minimum is currently 480 units and is based upon the 2010 Census year-round housing count for Brewster (4,803). At 5.58 percent, Brewster currently falls short of the 10 percent minimum; to meet that standard, the Town would need an additional 212 units based on its current SHI, although this will change when the 2020 Census year-round housing count is released. Three projects have recently been permitted and are expected to add a total of fifty-nine units to the SHI in 2022. These projects include Serenity at Brewster 39 ACS 5-Year Estimates, 2016-2020, Table B25119. 40 The general land area minimum applies if SHI-eligible units have been developed on sites comprising 1.5 percent or more of the total land area zoned for residential, commercial, or industrial use; the annual land disturbance threshold applies if a comprehensive permit application would lead to the construction of SHI-eligible units on sites comprising more than 0.3 percent of the total land area zoned for residential, commercial, or industrial use or ten acres – whichever is greater – in one calendar year. 41 A “pre-qualified developer” has obtained a “Project Eligibility” letter from a state housing agency. Town of Brewster Housing Production Plan 2022-2027 39 (twenty-seven rental units for adults 55+ or older), Brewster Woods (thirty rental units), and Red Top (two ownership units developed by Habitat for Humanity). Map 10 and Table 19 provide an overview of the Town’s current SHI profile. Of the eighteen total projects either currently on the SHI or anticipated to be added to the SHI, nine were developed under Chapter 40B. Appendix C provides additional information about the Town’s SHI units including funding sources, number of bedrooms, and other details. Table 19. Current Subsidized Housing Inventory and Anticipated Future Units Current SHI Units Name Location Type Units Affordability Expires 40B Comprehensive Permit? N/A Frederick Court Rental 32 Perp No Huckleberry Lane Huckleberry Lane Rental 12 Perp No Huckleberry Lane Huckleberry Lane Rental 12 Perp No Belmont Park Belmont Park Drive Ownership 20 Perp Yes Great Fields Affordable Housing Great Fields Road Ownership 2 Perp No King's Landing Underpass Road Rental 108 2033 No Yankee Village Signal Hill Circle Ownership 12 2045 Yes Frederick Court Expansion Wells Court Rental 24 Perp Yes Yankee Drive II Yankee Drive Ownership 3 2102 Yes Eagle Point Turning Mill Rd Rental 3 2040 No DDS Group Homes Confidential Rental 12 N/A No Habitat for Humanity James Burr Road Ownership 4 Perp Yes Tubman Road/Hush Way - Habitat for Humanity Tubman Road, Hush Way Ownership 14 Perp No Brewster Landing Sachemus Path Ownership 7 Perp Yes White Rock South Orleans Rd Ownership 3 Perp Yes Total SHI Current Units 268 Anticipated Future Units Name Location Type Units Affordability Expires 40B Comprehensive Permit? Brewster Woods Brewster Road Rental 30 Perp Yes Serenity at Brewster Harwich Road Rental 27 Perp No Red Top - Habitat for Humanity Red Top Road Ownership 2 Perp Yes Total Anticipated Units 59 Anticipated Total, 2022 327 Town of Brewster Map 10. Subsidized Housing Inventory May 2022; Source: Town of Brewster, MassGIS, and MassDOT I I I I <J> 0 '.'.; (1) (1) -0 (1) 0 -... 0 0.5 N 1 Miles long 2 - 7 0 8 -14 0 15 -24 0 25 - 32 033-108 0 Ownership • Rental ( ORLEANS " "' 0 o' ::, 0 Vl f I MassDOT Major Roads U.S. Highway State Route -Millstone Road Community Housing Parcel* Non-numbered Road OpenSpace: Level of Protection D Town of Brewster In Perpetuity Water Limited -7 L - Wetlands Surrounding Towns *Designated for community housing: application for 45 rental units current� under consideration Town of Brewster Housing Production Plan 2022-2027 41 BARRIERS TO DEVELOPMENT The following section discusses the most significant constraints that may affect Brewster’s ability to address affordable housing and year-round housing needs. In Housing Production Plans, terms such as “barriers” or “constraints” are typically used as a value-neutral way to describe factors that objectively limit housing development. While some “barriers” such as sensitive environmental areas or historic resources can be considered constraints on development, they are also valuable community assets — moreover, these barriers are unlikely to change if under special protections. Other “barriers” can be remedied or improved upon, particularly those stemming from local regulations and policies under the community’s direct control. Environmental Constraints Information for this section is summarized from 2021 Open Space and Recreation Plan (OSRP), unless otherwise noted.42 TOPOGRAPHY Brewster and the Cape were first formed when ice withdrew from the area of Martha's Vineyard and Nantucket at the end of the last ice age. This glacier movement deposited hundreds of feet of unconsolidated material in the area where the Cape is now located. Most of Brewster is comprised of the Harwich Outwash Plain, a relatively flat are area caused by meltwater streams flowing off the front of a receding glacier. Large blocks of ice left by the retreating glacier settled and were surrounded by sediments deposited in outwash streams. These buried ice blocks finished melting long after the outwash plains were formed, resulting in kettle-hole ponds where the ice blocks left holes large enough to intersect the water table. In contrast to the relatively flat outwash plain areas making up much of Brewster, areas of higher elevation in the northwestern part of town are characterized by less well sorted sediments of varying particle sizes, including many boulders. Ultimately, this glacial history explains why most of Brewster is composed of sandy glacial deposits, with limited areas of more varied topography and pockets of wetlands, bogs, and clay. SOILS Soil types are broken into four categories (Groups A, B, C, D) depending on their level of permeability, with Group A soils having the highest rate of water transmission and Group D soils having a very slow infiltration rate. “Carver Association,” a Group A soil, comprises more than 75 percent of the town's soils and has coarse lower layers that act as a reservoir for underground water replenished by precipitation. However, the downside of a highly permeable soil is that it also allows septage, contaminated road runoff, and other pollutants to quickly flow through the soil into the drinking water supply. The remaining 25 percent of soils in the Town are wet soils, low-permeability soils, wetlands, and surface waters.43 42 Town of Brewster, Open Space & Recreation Plan. Prepared by the Town of Brewster, Horsley Witten Group, and The Cape Cod Commission. Conditionally approved January 2021; updated January 2022. 43 Ibid., Page 35. Town of Brewster Housing Production Plan 2022-2027 42 WATER RESOURCES Watersheds. Located within the Cape Cod Watershed, the Town of Brewster encompasses six embayment watersheds that it shares with neighboring jurisdictions. These include the Cape Cod Bay, Herring River, Namskaket Creek, Pleasant Bay, Quivett Creek, and Stony Brook watersheds. Brewster also contains a very small portion of the Bass River watershed. In Brewster, much of the focus has been on the Pleasant Bay watershed, as Brewster’s nitrogen contribution is far greater to Pleasant Bay than it is to Herring River or Bass River. As such, the Pleasant Bay Watershed has been included in Brewster’s Water Resources bylaw, while the Herring River and Bass River Watersheds have not. Surface Waters: Freshwater Lakes and Ponds. Freshwater ponds are a major defining feature of Brewster. Over ten percent (or over 2,000 acres) of the Town's surface area is covered by approximately eighty freshwater ponds, providing Brewster with the largest pond area on the Cape. The 743-acre Long Pond shared with Harwich is the Cape's largest, while Cliff Pond with a depth of 84 feet is the deepest. At least eleven of Brewster’s ponds are suitable for public swimming. Marine Surface Waters. Brewster’s marine resources exist primarily on the north shore along Cape Cod Bay. A small section of Brewster borders Pleasant Bay to the south, although there is no landing. While there are no large estuaries in Brewster, there are some substantial creeks including Paine's, Quivett and Namskaket. Nine of the ten saltwater beaches along Cape Cod Bay are accessible from a street connecting to Main Street (Route 6A), and one is accessible by trail. At low tide, Brewster’s beaches become a part of expansive tidal flats that extend ¾ of a mile out into Cape Cod Bay. Aquifer Recharge Areas. The town’s groundwater system, like the whole of Cape Cod, is replenished entirely by precipitation. Brewster’s drinking water supply source is its underground sole source aquifer, the Cape Cod Aquifer. This resource is comprised of six lenses, including the Monomoy Lens, which provides water to the Towns of Brewster, Dennis, Harwich, Chatham, and Orleans. The Town of Brewster owns the land of the “Zone I” areas for all of the town’s drinking water wells. Zone I is the protective radius required around a public water supply well or wellfield, which is 400 feet for drinking water wells with approved yields of over 100,000 gallons per day. A Zone II is the area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (i.e., 180 days of pumping at approved yield with no recharge from precipitation). Any contamination of groundwater in a Zone II could impact drinking water quality at the public well drawing water from that area. Land acquisition in the Zone II areas to public drinking water wells is a proactive approach to protecting drinking water quality. Of the 4,360 acres (excluding surface water ponds) of Zone II areas in Brewster, 40 percent is protected as conservation land in the form of Town- and state-owned properties, conservation restrictions, and other conservation mechanisms. Brewster’s Zone I and II areas are displayed in Map 12. FLOOD HAZARD AREAS As a participant in the Federal Flood Insurance Program, Brewster is required to ensure that new shorefront development meets engineering standards for flood proofing; however, development in Town of Brewster Housing Production Plan 2022-2027 43 these areas is not outright prohibited. Map 11 displays Brewster’s flood zones, and Brewster’s Floodplain District (Section 179-7 of the Zoning Bylaw) is further described in the Regulatory Considerations section of this document. WETLANDS AND WILDLIFE HABITAT Wetlands cover more than 20 percent of Brewster’s land area, with a total of 12,840 saltwater wetlands and 553 acres of freshwater wetlands. Brewster’s saltwater wetlands consist of salt marshes, tidal flats and barrier beaches, while its freshwater wetlands include sensitive Atlantic White Cedar, Red Maple and shrub swamps, bogs, vernal pools and other wetlands. The Town’s Wetlands Protection Bylaw is included in Section 172 of the Town’s General Bylaws, and Section 179-6 of the Zoning Bylaw established the Town’s Wetlands Conservancy District. Map 11 shows Brewster’s wetlands by type, in addition to the two Areas of Critical Environmental Concern (ACEC) within Brewster — the Inner Cape Cod Bay ACEC and the Pleasant Bay ACEC. Designated by the Secretary of Energy and Environmental Affairs, ACECs first receive initial nomination at the community level for the quality, uniqueness, and significance of their natural and cultural resources. Upon designation, ACECs require stricter environmental review of certain kinds of proposed development under state jurisdiction within the ACEC boundaries. Brewster’s abundant natural resources make it home to a variety of wildlife, with the Massachusetts Natural Heritage & Endangered Species Program (NHESP) identifying much of the Town’s land cover as “Critical Natural Landscape,” defined as intact landscapes better able to support ecological processes and a wide array of species and habitats over long timeframes. While this designation does not carry any regulatory restrictions along with it, for planning purposes, it helps frame which areas to target for development versus preservation of contiguous natural habitat. In Brewster’s case, much of the Critical Natural Landscape areas are already protected to varying degrees under conservation restrictions or as part of the DCPC. PROTECTED OPEN SPACE Protected open space or permanently restricted lands include those acquired by conservation restrictions, trust and gifts, town purchases, and tax takings. According to the 2021 Open Space and Recreation Plan, Brewster has over 2,200 acres of large State and non-profit open space and recreational holdings, such as Nickerson State Park, Camp Monomoy land acquired by the state, Brewster Conservation Trust lands, Orenda Wildlife Trust, and the Cape Cod Rail Trail. Additionally, lands associated with public buildings (e.g., Elementary Schools, Old Town Hall, Fire/Police Station, Town Hall) and privately-held lands currently under Chapter 61, 61A, and 61B enhance the Town’s open space and rural character. Town of Brewster Map 11. Environmental Concerns May 2022; Source: Town of Brewster, MassGIS, and MassDOT I I <J> 0 '.'.; (1) (1) -0 (1) 0 -... 0 0.5 N 1 Area of Critical Concern � Inner Cape Cod Bay � Pleasant Bay District of Critical Planning Concern D Brewster Water District Flood Zone Designations A: I% Annual Chance of Flooding, no BFE AE: I% Annual Chance of Flooding, with BFE -VE: High Risk Coastal Area X: 0.2% Annual Chance of Flooding / Wetland Types Marsh/Bog Wooded marsh l"'y .,.s.., Cranberry Bog Salt Marsh Open Water Tidal Flats � .... ,:ir.,. ' �-,!� Beach/Dune ORLEANS ::, 0 Vl In Perpetuity Limited MassDOT Major Roads U.S. Highway State Route Non-numbered Road D Town of Brewster - 7 Surrounding Towns L - Water Town of Brewster Map 12. Water Resources & Protection May 2022; Source: Town of Brewster, MassGIS, and MassDOT 0 0.5 1 Miles I Long Po�, sDr111e 0. � A_ 1 J;' Wellhead Protection Areas �\ � D DEP Approved Zone I HARWl6hl 1 D DEP Approved Zone II \ DIWPA --- -Title S Setbacks OpenSpace: Level of Protection In Perpetuiry Limited MassDOT Major Roads U.S. Highway State Route Non-numbered Road D Town of Brewster Water - 7 L - Wetlands Surrounding Towns Town of Brewster Housing Production Plan 2022-2027 46 Infrastructure Considerations Information for this section is summarized from 2021 Open Space and Recreation Plan (OSRP), unless otherwise noted. WATER AND WASTEWATER Drinking Water. As described in the previous “Water Resources” section, drinking water in Brewster originates from the Cape Cod Aquifer, a sole source aquifer. Drinking water comes through public wells owned and operated by the Brewster Water Department, as well as a number of private wells owned and operated by individual homeowners and businesses. The Town has five groundwater wells pumping water from the Monomoy Lens, with each well site having large Town-owned tracts of land surrounding them for water quality protection. Activity is restricted to passive recreation on Town wellfield acreage.44 In addition to acquisition of lands for the protection of drinking water supplies, the town has also developed regulations that further the protection of these lands. Most notable is Brewster’s Water Quality Protection zoning bylaw (Article XI), which restricts development within Zone I and Zone II areas and imposes performance standards on development within the District of Critical Planning Concern (DCPC). The DCPC is a powerful planning tool that allows a town to adopt special rules and regulations to protect natural resources in defined areas, with the Cape Cod Commission responsible for recommending nominated DCPCs for official designation by the Barnstable County Assembly of Delegates. Brewster’s DCPC, designated by the Cape Cod Commission in 2008, includes the Town’s Zone I and Zone II areas as well as the Pleasant Bay Watershed. The Town’s wells and the protective areas surrounding them are displayed on Map 11. Wastewater. Because Brewster is not served with public sewers or private sewage treatment facilities, wastewater discharges in Brewster are mostly from individual onsite septic systems. To address these impacts of wastewater-associated pollutants and lawn fertilizers on groundwater and surface water resources, the town has been involved in a multi-phase Integrated Water Resource Management Plan (IWRMP). This project is currently in Phase III, which will include an examination and prioritization of wastewater management alternatives identified in Phase II of the project. TRANSPORTATION Public Transit. The Cape Cod Regional Transit Authority (CCRTA) provides public transportation services for all fifteen Cape Cod communities. The CCRTA Harwich-Provincetown Flex Bus provides daily bus service along Routes 137 and 6A in Brewster, with fixed stops at Snow Road/Underpass Road and the Senior Center. Riders can flag the bus down along its route and can also schedule the bus “flex” stops up to three-quarters of a mile (by reservation) to serve people who have difficulty getting to a regular bus stop. The Flex Bus route runs from Harwich up to Provincetown and connects with other CCRTA routes, as well as the Plymouth & Brockton bus service to Boston. 44 Town of Brewster Water Department, “2020 Annual Water Quality Report.” Town of Brewster Housing Production Plan 2022-2027 47 DART Service (Dial-A-Ride, a demand response service) is a fare-based door-to-door, ride by appointment transportation service offered by the CCRTA in all fifteen Cape communities Monday through Saturday, with limited service on Sunday. Roadways. Brewster is located midway on Cape Cod and is accessible by major highways (Route 6, 6A, 124 and 137). Route 6A extends the length of Brewster and is Brewster's Main Street. It is a designated scenic road and also registered as the Old King's Highway National Register District, which protects it from pressure to accommodate increased traffic that would diminish the roadway's historically valuable character. According to the 2021 Open Space and Recreation Plan, “Pressure increases each year to expand the roadway to accommodate bike traffic and reconfigure some intersections where left hand turns cause back-ups in traffic. Attempts to expand the paved width of roads to accommodate pedestrian, bike, and skate traffic have been met with strong opposition from abutters to the road.”45 Sidewalks & Pedestrian Paths. As noted in the 2017 HPP, Brewster does not many public sidewalks, and the sidewalks that exist are incomplete. While many pedestrian paths run along portions of these roads, shoulders tend to be narrow and somewhat steep, with utility poles, trees, and smaller vegetation interrupting the pathways and sidewalks. The 2021 OSRP notes that while Brewster many walking trails and informal walkways throughout its conservation land, these pathways currently do not provide alternative means of transportation without connecting to destination points, other links, or modes of transportation. Linking these recreational resources and facilities with safe pedestrian or bike paths could eliminate a significant amount of vehicular traffic in the future. In 2015, Town Meeting approved a $10M road bond to undertake several road reconstruction projects. After completing upgrades to Underpass and Snow Roads, the Town began to plan for similar upgrades to Millstone Road. As of February 2022, this project as planned will include ADA-compliant sidewalk along Millstone Road. Bikeways. The 22-mile Cape Cod Rail Trail (CCRT) provides passage through the Town from Dennis to South Wellfleet. The CCRT is about six miles long in Brewster and is the only designated bike path in town. It is heavily used and serves as a primary corridor, with thousands of bicyclists, hikers, and riders using the trail each year. Nickerson State Park also has an eight-mile bike path, which connects to the CCRT. While cyclists also ride along local roads, this is dangerous and illustrates the need for local and roadside bike lanes. SCHOOLS The Town of Brewster’s public schools consist of two elementary schools: Eddy Elementary School (grades 3-5) and Stony Brook Elementary School (grades PK-2). Located off Underpass Road, Stonybrook Elementary was built in 1973. In 1999, the town constructed Eddy Elementary on Main 45 Town of Brewster, Open Space & Recreation Plan. Prepared by the Town of Brewster, Horsley Witten Group, and The Cape Cod Commission. Conditionally approved January 2021; updated January 2022. Page 25. Town of Brewster Housing Production Plan 2022-2027 48 Street to meet increased student enrollment and projections. The Town is now considering a consolidation of its elementary schools due to declining enrollment (see Figure 19), and future projections anticipating similar trends.46, 47 Special Needs. The Brewster Elementary Schools do not appear to have disproportionate over- representation of special needs populations. Approximately 18.9 percent of the elementary student population in Brewster has disabilities, compared with 19.1 percent statewide. The percentage of English Language Learners is significantly lower for Brewster’s schools (4.1 percent) than the state (11.0 percent).48 Nauset Regional Public School System. Brewster is part of the Nauset Regional Public School System for middle school and high school, with both schools located in other towns; Nauset Regional Middle School (grades 6-8) is located in Orleans, and Nauset Regional High School (grades 9-12) is located in Eastham. The district consists of students from the four towns that comprise the region (Brewster, Eastham, Orleans, and Wellfleet), together with tuition agreement students from Provincetown and Truro and school choice students from other towns on the Cape. According to data provided by the district, the total enrollment for the 2021-2022 school year was 1,390 for both schools, with 36 percent of students coming from Brewster. 46 While enrollment increased from 2021 to 2022, it is possible that the significant drop in 2021 was due to the COVID-19 pandemic and resulting increase in the number of homeschooling families that year. As such, it is also important to look at the overall trendline (dotted in Figure 19). 47 Town of Brewster, Elementary Schools Master Plan. Prepared by Habeeb & Associates Architects for the Town of Brewster, December 31, 2021. 48 Department of Elementary and Secondary Education, Brewster Schools Profile. 350 400 450 500 550 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Figure 19. School Enrollment for Brewster's Elementary Schools, 2010-2022 Source: MA Department of Elementary and Secondary Education, District Profile Total Enrollment Linear (Total Enrollment) Town of Brewster Housing Production Plan 2022-2027 49 Regulatory Considerations ZONING As noted in the 2017 HPP, The Brewster Zoning Bylaw includes minimal provisions to encourage the creation of affordable housing or multifamily housing. Most land is zoned for lower density residential development (see Table 20 and Map 13), requiring minimum lot sizes of at least 60,000 square feet (RL and RM) or 100,000 square feet (see Table 22). The CH and VB districts allow residential and commercial uses, and the I districts allow residential, wholesale, manufacturing, and industrial uses. Table 21 below shows the residential uses allowed in each district, with “P” indicating that a use is allowed by right and “P” indicating uses that require a special permit. Table 21. Uses Regulations for Residential Uses P = Permitted Use, S = Special Permit Use Type of Residential Use RR RL RM CH VB I Accessory residential building P P P P P - Accessory commercial dwelling unit (ACDU) - - - S S - Accessory single-family dwelling unit (ADU) on 30,000+ sq ft lot P P P S S - Accessory single-family dwelling unit (ADU) on < 30,000 sq ft lot S S S S S - Affordable multifamily dwelling units (AMFDU) - - - P - - Cluster residential development S S S - - - Construction trailer P P P P P P Major residential development S S S S - - Multifamily dwelling - - - S - - One-family detached dwelling unit P P P - P - One-family security dwelling - - - P P P Planned residential development - S S - - - Row or town houses - - - S - - Subsidized elderly housing S S S S - - Source: Town of Brewster Zoning Bylaw, Section 179: Attachment 1 Use Regulations. Table 20. Brewster Zoning Districts % Land by Parcel % Area Zoned Residential Rural (RR) 53.3% 48.4% Residential Low Density (RL) 7.0% 12.8% Residential Medium Density (RM) 33.1% 34.6% Commercial High Density (CH) 2.5% 1.8% Village Business (VB) 4.0% 0.6% Industrial (I) 0.1% 1.5% Municipal Refuse District (MRD) 0.0% 0.3% TOTAL 100.0% 100.0% Sources: Town of Brewster GIS and Assessor’s Records Town of Brewster Map 13. Zoning Map (Unofficial) May 2022; Source: Town of Brewster, MassGIS, and MassDOT I I I I <J> 0 '.'.; (1) (1) -0 (1) 0 -... N 0 0.5 1 Miles 0 HARWICH � ZONE D Residential Rural -RR D Residential Low Density -RL D Residential Medium Density -RM D Commercial High Density -CH D Village Business -VB Industrial - I D Municipal Refuse District -MRD ORLEANS " "' 0 o' ::, 0 Vl f I / MassDOT Major Roads U.S. Highway State Route Non-numbered Road D Town of Brewster - 7 Surrounding Towns L - Town of Brewster Housing Production Plan 2022-2027 51 Accessory Residential Uses. Town’s current ADU bylaw (Section 179-42.2) was passed in 2018 an allows homeowners in the Town’s residential districts to add an accessory dwelling unit (ADU) by right on lots over 30,000 square feet, and by special permit on smaller lots, lots within the CH or VB districts, or within certain water protection areas.49 Additionally, the ACDU bylaw (Section 179-42.3) allows property owners to add an accessory dwelling unit to a commercial property by special permit in the CH and VB zoning districts. The current bylaws requires that ADUs and ACDUs not be more than 40 percent of the habitable area of the primary building, or 900 square feet, whichever is smaller. Despite passing these bylaws in 2018, the Town retained an older special permit provision for “accessory residential buildings” as a residential use in the Use Regulations and “accessory apartments” as a footnote in the zoning bylaw’s Area Regulations. Dwelling units created under this provision are allowed by special permit in all residential districts, as well as the CH and VB districts, with a lower maximum unit size of 600 square feet. Other Residential Uses Permitted. Assisted Living Facilities and Nursing Homes are allowed in all three residential districts through a special permit, and they are permitted by right in the CH district. Assisted Living Facilities are defined in the Brewster Zoning Bylaw as a “combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living….” Nursing Homes are defined as a “home for the aged, chronically ill, persons requiring care or incurable persons in which three or more persons, not of the immediate family, are received, kept or provided with food and shelter or care for compensation….” Lodging Houses are allowed in all three of the residential zoning districts through a special permit, and they are permitted by right in the CH and VB districts. Lodging Houses are defined in the Brewster Zoning Bylaw as a “structure originally designed for single-family use which may be converted to provide rooms (not more than twelve) for the use of one or more individuals not living as a single housekeeping unit and may provide a common dining facility. It shall include boarding house, tourist homes, and rooming houses but does not include motels or hotels.” Area, Height, and Bulk Regulations. As noted above, Brewster has large lot size requirements, with the three residential districts from about one and a third acre to two and a third acres. Different lot coverage requirements distinguish the RL and RM districts, with the former having a maximum of 20 percent building coverage and the latter 25 percent. Multifamily Dwellings. The Town’s Zoning Bylaw defines multifamily dwellings as “a building containing three or more dwelling units,” without distinguishing further between smaller multi-unit residential buildings (e.g., 4-8 units) and larger developments. Multifamily dwellings are only allowed 49 Sections 179-42.2, Paragraph B: “An ADU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well), in the watershed of the Herring River, or the watershed to Pleasant Bay, subject to approval of a Special Permit by the Zoning Board of Appeals. All ADUs within these areas shall be required to install advanced nitrogen treatment septic systems, if deemed necessary.” Town of Brewster Housing Production Plan 2022-2027 52 by special permit in the CH districts and have a stricter lot coverage limits than other uses allowed in the district (25 percent of buildable uplands within a lot for multifamily compared to 40 percent for other uses in the CH).50 Multifamily dwellings are also allowed by special permit in a Planned Residential Development (PRD) under Section 179-36 of the Zoning Bylaw. PRDs, which require twenty-five acres of contiguous buildable area, and are described further in the “Alternative Development Patterns” section below. Table 22. Area, Height, and Bulk Regulations District Use Min. Lot Size (Square Feet) *Max. Building Coverage of Lot Area Lot Frontage (Feet) Front (Feet) Side (Feet) Rear (Feet) RR Any permitted structure or principal use 100,000 plus 100,000 for second unit of duplex 15% 200 40 25 25 RL Any permitted structure or principal use 60,000 plus 60,000 for second unit of duplex 20% 150 40 25 25 RM Any permitted structure or principal use 60,000 plus 60,000 for second unit of duplex 25% 150 40 25 25 CH Row Commercial 40,000 40% 150 30 20 20 CH Multifamily dwellings 130,000 plus 10,000 per bedroom 25% 200 100 30 30 CH Hotel and motel 130,000 plus 2,000 per bedroom 40% 200 100 30 30 CH Row house or townhouse 130,000 plus 10,000 per bedroom 40% 200 100 30 30 CH Any other permitted structure or principal use 15,000 40% 80 30 15 15 VB Any permitted structure or principal use 15,000 30% 80 30 15 15 I Any permitted structure or use, other than those listed for CH Zone 20,000 50% 100 30 15 40 Source: Town of Brewster Zoning Bylaw, Section 179: Attachment 2, Area Regulations and Attachment 3, Height and Bulk Regulations *For CH and I districts, the lot coverage is based upon buildable uplands within a lot; for all other districts, lot coverage is based upon total lot area. For all districts, maximum building height is 30 feet. 50 Town of Brewster Housing Production Plan 2022-2027 53 ALTERNATIVE DEVELOPMENT PATTERNS Cluster Development. Section 179-35 under Article IX provides for cluster residential development, which is intended to allow flexibility in lot sizes and building arrangements while maintaining the existing character of the town. Cluster residential development, however, is only permitted by special use permit granted by the Planning Board. Any parcel of at least ten acres in size in the RR, RL, and RM districts may be used for a cluster development and divided into lots for a single-family residential use, and the basic number of dwelling units may not exceed the number of units which could be developed with a conventional plan for land in the RR, RL, or RM districts. Major Residential Development. Also under Article IX, Section 179-35.2 allows for major residential development, permitted by special use permit from the Planning Board. The Planning Board may authorize flexible development within a major residential development, including the provision that each lot shall have an area of at least half that required under Table 2.2 of Section 179-16 – Area Regulations. The Planning Board may also approve a density bonus for major residential developments for up to 15 percent more units than the basic number of maximum dwelling units to encourage development of affordable units. Such an approval must be satisfactory to the Brewster Housing Authority and include long-term income eligibility restrictions that meet the guidelines of state or federal housing programs. Subsidized elderly housing is also allowed in a major residential development. As a condition of the special permit, the Planning Board may require a development schedule limiting the rate of development. In no event can a development be limited to fewer than six lots or dwelling units per year or be obliged to spread development out over more than eight years. Planned Residential Development. Section 179-36 under Article IX allows for Planned Residential Development (PRD), which is intended to provide an alternate pattern of land development to that permitted in the RM and RL residential zones while encouraging a greater mixture of housing types. Planned residential development is only permitted by special permit in the RM and RL residential districts and requires a minimum of twenty-five contiguous acres of buildable upland. Single-family attached or detached dwellings, two-family, and multifamily dwellings are permitted within a planned residential development; there is no minimum lot size for individual lots, no minimum percentage of lot coverage, and no minimum lot width in a planned residential development, thus allowing for greater density. Natural Resource Protection Design. Lastly, under Article XIII, Section 179-69, Natural Resource Protection Design (NRPD) is intended to protect water resources and preserve the open space in the District of Critical Planning Concern (DCPC, described below in the “Special Districts” section). Similar to the alternative development patterns described above, the NRPD bylaw uses flexible regulations for density and lot dimensions to promote and encourage creativity in neighborhood design, protect water resources, and preserve contiguous open space and environmental resources. The primary difference is that NRPD not involving other uses requiring a special permit is allowed by right in the DCPC in areas with an underlying residential designation, subject to the requirements regulating the subdivision of land (if applicable) and subject to endorsement by the Planning Board. Town of Brewster Housing Production Plan 2022-2027 54 To enable the Planning Board to determine whether a proposed NRPD satisfies the purposes and standards of the bylaw, an applicant must present sufficient information on the environmental and open space resources for the Board to make such determination. Each underlying residential district has a minimum requirement for preserved open space, and there is no minimum lot size or maximum number or units; rather, a net acreage calculation described in Section 179-72.1 is applied to the plan, and the allowable number of residential units is determined by this net acreage calculation and an allowed density that varies by district (Section 179-72.2) SPECIAL DISTRICTS Floodplain District. The purpose of this overlay district is to regulate development in areas subject to coastal storm flowage, particularly high hazard velocity zones, in order to minimize threats to public safety, potential loss of life, personal injury, destruction of property, and environmental damage inevitably resulting from storms, flooding, erosion and relative sea level rise. All uses otherwise permitted in the underlying district are allowed; however, where the Floodplain District Bylaw imposes additional or conflicting regulations, the more stringent local regulations prevail. All development in the Floodplain District must comply with the Massachusetts State Building Code dealing with construction in floodplains and coastal high hazards. Wetlands Conservancy District. The purpose of these districts is to preserve and maintain the groundwater table; to protect coastal and inland waters; to protect public health and safety; to protect persons and property from the hazards of flood and tidal waters; and to conserve the natural character of the environment, wildlife, and open space for the general welfare of the public. No residential or commercial structures, sewage disposal systems, storage tanks or other potential sources of substantial pollution are permitted in this district. Water Quality Protection District. Article XI establishes the Water Quality Protection District, which ensures an adequate quality and quantity of drinking water for the residents, institutions, and businesses of Brewster. The provisions of this Article are superimposed over all zoning districts and all land within Brewster and function as an overlay district. In addition, this article establishes specific requirements for land uses and activities within the District of Critical Planning Concern (DCPC), which includes Zone I and Zone II areas, as well as the Pleasant Bay Watershed. The construction of ten or more dwelling units in the Water Quality Protection District requires a special permit from the Planning Board. No building permit or certificate of occupancy will be issued by the Building Commissioner unless a certificate of water quality compliance has been applied for or obtained by the owner of a property from the Water Quality Review Committee. HISTORIC DISTRICTS In 1973 the Old King’s Highway Regional Historic District was created, following Route 6A and covering portions of Brewster and five other Cape towns. Individual properties were not inventoried as part of the district’s creation. Property owners must submit any exterior changes that are visible from a public way, park, or body of water to the Old King’s Highway Regional Historic District Commission for Town of Brewster Housing Production Plan 2022-2027 55 approval. A variety of exterior features are often exempt such as air conditioning units, storm doors, storm windows, paint color, and temporary structures. The decision on which features are exempt from review depends on the specifics of the local bylaw. Map 14 displays the portion of the Old King’s Highway Regional Historic District that runs through Brewster. Socio-Political Considerations Input gathered during this Housing Plan community engagement process indicated public acknowledgement that the cost of housing is a barrier for the average household and that supply is a growing issue for a range of income levels. However, survey open response comments on indicate there may be the continued need for community conversations about housing, with “NIMBY”-ism (“not in my back yard”) and resistance to change identified as significant barriers toward housing development by survey respondents. Additionally, results from the recent Vision Planning community survey showed overall less support for the housing goals than other topics. Making progress on these efforts will require continued strong political leadership regarding housing issues and raising community awareness about the relationship between housing and other issues facing the community. Town of Brewster Housing Production Plan 2022-2027 56 Housing Production Plan Goals State regulations and DHCD Housing Production Plan Guidelines describe the required framework the goals of a Housing Production Plan, directing communities to include both qualitative and quantitative goals based upon community and regional needs.51 Qualitative goals should support a mix of housing types that: are affordable at a range of income levels; provide for a range of housing types for families, individuals, persons with special needs, and older adults; and are feasible within the housing market. In addition, plans must include a quantitative goal for an annual increase in SHI-eligible housing units by at least 0.50 percent of its year-round housing count. Communities that meet their annual goal can request a one-year certification of compliance (often referred to as safe harbor) with DHCD, and communities that reach a 1.0 percent target are eligible for a two-year certification of compliance. Achieving this “safe harbor” threshold and receiving a one- or two-year certification allows communities to have a more flexible approach to managing the comprehensive permit process, despite being below the overall 10 percent target for SHI units.52 To meet this threshold for one-year certification of this plan, Brewster currently would need to produce twenty-four new SHI-eligible affordable housing units in a given calendar year based upon the 2010 Census year-round housing count, and forty-eight units for a two-year certification.53 BREWSTER’S HOUSING GOALS The following four major qualitative goals are based on the preceding Housing Needs Assessment and community participation. They are broken up into more specific “subgoals,” but this HPP’s four major goals serve to address the breadth of Brewster’s housing needs. The next section of this plan outlines specific strategies for achieving these goals over the next five years. GOAL 1. Increase and diversify year-round housing options in Brewster for a range of income levels and household types. • Increase the supply of market-rate and affordable rental housing for all types of households, such as young singles and couples, families, and older adults. 51 760 CMR 56.03(4)(c) and corresponding DHCD Housing Production Plan Guidelines, October 2020. 52 If a community is certified compliant, decisions made by the Zoning Board of Appeals to deny a comprehensive permit will be deemed “consistent with local needs” by the Housing Appeals Committee and will be upheld as a matter of law. 53 While the 2020 Census count for total housing units has been released as of publication of this plan, the year-round housing count has not. Appendix D offers three methodologies for calculating an estimated annual goal, all of which arrive at a similar threshold (24-26 units per year). However, these estimates are meant to be a guide, as DHCD ultimately will determine the threshold based upon the 2020 Census year-round housing count when it becomes available. Town of Brewster Housing Production Plan 2022-2027 57 • Diversify housing types and forms to meet local needs. • Ensure an adequate supply of housing that is affordable and accessible to older adults and people with disabilities. • Integrate affordable housing into existing neighborhoods and developments through infill, reuse or repurposing of existing buildings, and the redevelopment of underutilized buildings or properties. • Review and update Brewster’s zoning and other housing regulations and policies to support development that increases fair, affordable housing and housing choice. GOAL 2. Prevent displacement of current residents and facilitate housing mobility for households looking to move within or into Brewster. • Preserve Brewster’s existing supply of year-round rental housing. • Ensure that older adults can age in place or within the community. • Provide direct assistance to income-eligible households experiencing housing insecurity or looking for a new home. • Preserve Brewster’s existing affordable housing stock. GOAL 3. Align development with the principles of the Town’s Local Comprehensive Plan/Vision Plan. • Build support for addressing housing needs through partnerships with groups and organizations connected to each of the Vision Plan’s ten core elements. • Ensure adequate staff capacity and other resources for addressing the housing-related goals and actions of the Vision Plan. • Continue to thoughtfully address concerns about issues sometimes seen as conflicting with the development of fair, affordable housing. • Balance housing goals with protection of the natural environment by targeting housing production in and near areas where development already exists; in denser development nodes; or in areas with higher “walkability scores” and multimodal transportation opportunities. Town of Brewster Housing Production Plan 2022-2027 58 GOAL 4. Continue to build capacity to produce housing through staffing, funding, regional partnerships, advocacy and education, and relationships with nonprofit and for-profit developers. • Ensure regular collaboration between housing staff and other departments, Town bodies, regional entities, housing developers, and other relevant groups. • Explore additional funding sources to support housing-related initiatives. • Build awareness of affordable and fair housing needs within Brewster and the larger region, as well as Brewster’s role in addressing these issues. • Investigate and leverage available federal, state, and regional housing funds and resources. ALIGNMENT WITH REGIONAL GOALS In 2018, the Cape Cod Commission, Barnstable County’s regional planning and regulatory agency, published its fifth Regional Policy Plan to outline a regional vision for Cape Cod. 54 This vision is based upon three systems – natural systems, built systems, and community systems. Housing is primarily addressed as part of the “community system” umbrella, although topics relevant to housing are discussed in all three systems. The goals of this Housing Production Plan align with the CCC’s Regional Policy Plan’s Housing Goal and supporting objectives, which are as follows: Regional Policy Plan Housing Goal: To promote the production of an adequate supply of ownership and rental housing that is safe, healthy, and attainable for people with different income levels and diverse needs. Supporting Objectives: 1. Promote an increase in housing diversity and choice. 2. Promote an increase in year-round housing supply. 3. Protect and improve existing housing stock. 4. Increase housing affordability. Additionally, the CCC is embarking on a Regional Housing Strategy (an action described in the 2018 Regional Policy Plan) and Regional Housing Suitability Analysis, with both initiatives including specific strategies also incorporated in this HPP. The next section of this plan outlines these strategies and others — twenty-nine in total — that will enable the Town to achieve its housing goals and meet local needs. 54 Cape Cod Commission, Cape Cod Regional Policy Plan: Framing the Future, 2018. Town of Brewster Housing Production Plan 2022-2027 59 Housing Production Plan Strategies As described in the previous section, DHCD encourages cities and towns to prepare, adopt, and implement a Housing Production Plan that demonstrates an annual increase in Chapter 40B (SHI- eligible) units equal to or greater than 0.50 percent of the community’s year-round housing units. However, as noted elsewhere in this plan, Brewster’s housing challenges go well beyond the affordability needs that Chapter 40B intends to address. Just as Brewster has many housing choice problems, it also has options available to address them. Namely, removing regulatory barriers to housing production, providing adequate resources to support housing initiatives, coordinating housing efforts with local comprehensive and other planning efforts, continuing to educate leaders and community members about housing needs, and collaborating with regional partners will all be important components of a successful housing program. Through this Housing Production Plan, Brewster can plan strategically and creatively about how to address its affordable housing needs. PROGRESS SINCE 2017 Brewster has made significant progress implementing its 2017 Housing Production Plan and establishing a robust housing program. Steps taken in fulfillment of the 2017 HPP strategies include: ü Hiring a housing coordinator with CPA and Town funds (2017) ü Creating a municipal affordable housing trust and supporting with CPA and Town funds (2018) ü Adopting the current Accessory Dwelling Unit and Accessory Commercial Dwelling Unit bylaws (2018) ü Planning for the protection of existing SHI units through a $500,000 CPA allocation to the Trust (2019) ü Supporting chapter 40B-permitted projects to create sixteen Habitat for Humanity ownership homes (Paul Hush Way, fourteen units completed in 2020; Red Top Road, two units permitted in 2021) and thirty affordable rental units (Brewster Woods; expected to be ready for occupancy in 2022) ü Establishing a policy (via the Select Board) to allocate 50 percent of the new short-term rental revenue to the Trust (2021) ü Teaming with Dennis and Wellfleet to apply for a $1,300,000 regional Housing Rehabilitation and Childcare Community Development Block Grant (CDBG) and continuing this program into its second year (2021-2022) Town of Brewster Housing Production Plan 2022-2027 60 ü Redeveloping the former Wingate Rehabilitation Center into 132 rental units — 27 of which are affordable — for adults 55+ through a public-private partnership with Elevation Financial (2021-2022) ü Using CPA funds to support regional housing development, including: FORWARD in Dennis, a housing development for adults with autism (2019, $80,000); a veterans’ home in Dennis for the Cape and Islands Veterans Outreach Center (2021, $50,000); and most recently, Pennrose in Orleans (2022, $105,000). ü Contributing CPA funding to support Community Development Partnership’s Housing Institute, a training program to equip local officials and residents with knowledge to support the creation of more year-round housing in Brewster and the region (2018-2022) ü Issuing an RFP for the development of a 16+ acre parcel of Town-owned land off Millstone Road (2021) and accepted a proposal to develop a compact, energy-efficient neighborhood of forty-five rental units in twelve buildings (2022) LOOKING FORWARD: 2022-2027 STRATEGIES Organization The actions outlined in this plan fall into overarching groups modeled after the categories of the 2017 HPP (Regulatory Strategies, Funding & Assets, Education & Advocacy, and Local Policy & Planning) with the addition of a fifth category, Community Resources & Local Support. In addition, 760 CMR 56.03(4)(d) outlines requirements for strategies that will facilitate the production of SHI-eligible housing units, although plans can include additional strategies based on local need. The strategies of this HPP dovetail well with DHCD’s requirements, as shown in Table 23, which outlines the relationship between these two organizational frameworks. Town of Brewster Housing Production Plan 2022-2027 61 Table 23. Relationship Between Regulatory Framework & Brewster HPP Strategies 760 CMR 56.03 4(d)(1) 4(d)(2) 4(d)(3) 4(d)(4) 4(d)(5) Other DHCD Housing Production Plan Regulatory Requirement The identification of zoning districts or geographic areas in which the municipality proposes to modify current regulations for the purposes of creating SHI Eligible Housing developments to meet its housing production goal. The identification of specific sites for which the municipality will encourage the filing of Comprehensive Permit applications. Characteristics of proposed residential or mixed-use developments that would be preferred by the municipality (examples might include cluster developments, adaptive re-use, transit- oriented housing, mixed- use development, inclusionary housing, etc.). Identification of municipally owned parcels for which the municipality commits to issue requests for proposals to develop SHI Eligible Housing. Participation in regional collaborations addressing housing development. While these strategies fall outside of the regulatory framework because they do not address production of SHI-eligible units, they nonetheless address existing housing needs including capacity as well as support for households struggling to remain in or move to Brewster. Regulatory Reform Strategies 1-6 ✓ Strategies 1-3 ✓ Strategies 4-5 ✓ Strategy 6 Funding & Assets Strategies 7-13 ✓ Strategy 11 ✓ Strategies 12-13 ✓ Strategy 7 ✓ Strategies 8-10 Education & Advocacy Strategies 14-15 ✓ Strategies 14-15 Local Policy & Planning Strategies 16-19 ✓ Strategy 16 ✓ Strategy 17 ✓ Strategies 18-19 Community Resources & Local Support Strategies 20-22 ✓ Strategies 20-22 Town of Brewster Housing Production Plan 2022-2027 62 Regulatory Reform STRATEGY 1. Reevaluate the existing ADU and ACDU bylaws and other references to accessory apartments; explore amendments to streamline these provisions and improve their efficacy. The Town’s current ADU bylaw (Section 179-42.2) allows homeowners in the Town’s residential districts to add an accessory dwelling unit (ADU) by right on lots over 30,000 square feet, and by special permit on smaller lots, lots within the C-H or V-B districts, or within certain water protection areas.55 Additionally, the ACDU bylaw (Section 179-42.3) allows property owners to add an accessory dwelling unit to a commercial property by special permit in the C-H and V-B zoning districts. Prior to the addition of this bylaw in 2018, Brewster’s zoning allowed affordable accessory dwelling and commercial dwelling units (AADUs and AACDUs) that had to meet the bylaw’s definition of “affordable housing,” making it very difficult for homeowners to create such a unit. This 2018 bylaw amendment also removed a provision in Section 179, Table 2 (Area Regulations), Footnote 13 that required “accessory apartments” allowed by special permit to be rented to immediate family members or healthcare professionals providing service to the family members. While these amendments have made it easier for homeowners to create ADUs, the Town should reexamine the current bylaw and consider whether some current provisions limiting its use could be removed. As an example, the current bylaw requires that an ADU not be more than 40 percent of the primary residence or 900 square feet, whichever is smaller. This 40 percent limit may preclude owners of smaller homes from creating an ADU. Other Lower Cape communities either do not have a percentage limitation (only a square footage cap) or have a 50 percent limit, which is in line with the Cape Cod Commission’s model ADU bylaw.56 Lastly, keeping the special permit provision for “accessory apartments” as a footnote in the zoning bylaw’s Area Regulations may make the process confusing to homeowners, particularly because this provision does not include the 40 percent limit and allows a different maximum unit size of 600 square feet. The Town may wish to consolidate any references in the bylaw to accessory residential units to avoid duplication or confusion. STRATEGY 2. Amend zoning to clearly allow mixed uses that include housing in business-zoned areas. While Brewster has a limited supply of mixed-use properties that include some balance of residential and commercial uses, the Town does not have a mixed use bylaw that explicitly defines and allows commercial/residential mixed use in specific zoning districts.57 More clearly allowing mixed use in the C-H or V-B districts and building it into the Use Regulations and Area Regulations as a distinct use could provide an avenue for creating much-needed additional rental units. While the ACDU bylaw allows the creation of an accessory dwelling unit within or adjacent to a commercial building, 55 Sections 179-42.2, Paragraph B: “An ADU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well), in the watershed of the Herring River, or the watershed to Pleasant Bay, subject to approval of a Special Permit by the Zoning Board of Appeals. All ADUs within these areas shall be required to install advanced nitrogen treatment septic systems, if deemed necessary.” 56 Cape Cod Commission, “Inventory of Accessory Dwelling Unit Provisions by Town.” Updated November 2021. Available at: https://www.capecodcommission.org/resource- library/file/?url=/dept/commission/team/Website_Resources/housing/ADU_Table_Nov2021.pdf 57 Outside of an existing reference in the underutilized Planned Residential Development provision Town of Brewster Housing Production Plan 2022-2027 63 it only does so as an accessory use and within the area requirements for commercial buildings currently defined under Table 2, Area Regulations. Creating a “mixed use” designation as a use category would allow the Town to consider specific area regulations suitable for mixed use, and could potentially also allow “top of the shop” housing units that are not accessory to the commercial use below it, but could be divided from the commercial space below and owned separately. STRATEGY 3. Reevaluate the existing multifamily dwelling bylaw (Section 179-34) and consider changes and other regulatory measures to facilitate multi-unit residential development. As described in the Barriers Analysis of this plan, the Town’s current multifamily dwelling bylaw has density and lot size requirements that are unlikely to result in multi-unit residential development, demonstrated by the fact that this portion of the bylaw has not been exercised.58 In addition, “multifamily dwellings” (defined in the bylaw as a building containing three or more dwelling units) are only allowed by in the C-H district by special permit. The Town could consider revisiting the current density and lot size requirements for Section 179-34, as well as expanding the locations where such development is allowed. The Town could also consider developing residential design standards for multi-unit housing. Design standards have the benefit of addressing concerns that come from poor design rather than density itself, as visual compatibility with a neighborhood is often cited as an important consideration for residential development. This action aligns with the Cape Cod Commission’s current work developing a Regional Housing Strategy, which is anticipated to include the development of residential design guidelines to “create more diversity in housing options and types . . . in forms that still complement and fit in with the character of the region.”59 STRATEGY 4. Explore measures to require or encourage the inclusion of affordable units in residential developments over a certain number of units. Such measures can include the adoption of an Inclusionary Zoning (IZ) bylaw, which requires the provision a minimum percentage of affordable units in residential developments over a specified size. Adopting an IZ bylaw may be particularly important if the Town moves to implement the previous recommendation to amend the multifamily dwelling bylaw, which could spur the production of such units; by establishing an IZ bylaw, the Town can ensure that multi-unit residential development occurring under a revised Section 179-34 — or any other residential development over a certain size — would include affordable units. As part of this review, the Town could also explore whether a new IZ bylaw should include a provision for “payments in lieu of units” (PILUs), whereby developers can pay an established fee to the Affordable Housing Trust in lieu of providing the required number of affordable units. Alternatively (or in addition to IZ), the Town could enrich the underutilized Major Residential Development (Section 139-35.2) or Planned Residential Development (Section 179-36) bylaws to 58 There is one large multi-unit development within the C-H district (King’s Landing) and one property assessed as a smaller apartment building; both of these multi-unit properties were built prior to the adoption of the Town’s Zoning Bylaw in 1979. 59 Cape Cod Commission, “Regional Housing Strategy Housing Work One Pager,” May 2022 Draft. (Project elements subject to change.) Town of Brewster Housing Production Plan 2022-2027 64 encourage the inclusion of affordable units, as suggested in the 2017 HPP. The Town could also activate the “reserved” Affordable Multifamily Dwelling Units bylaw (Section 179-42.1[C][3]), which the Use Regulations table indicates would be allowed by right (as opposed to special permit) in the C- H district. However, as pointed out in the 2017 HPP, this should also involve revisiting the limitation on number of bedrooms in the definition of “Affordable Multifamily Dwelling Units (AMDU)” in Section 179-2 to eliminate potential fair housing conflicts. Additionally, reference to immediate family should be removed from the definition of “Affordable Housing" in Section 179-2 to avoid confusion about the intent of the bylaw. STRATEGY 5. Allow and incentivize the adaptive reuse of existing buildings for the creation of affordable and mixed income housing. In 2020, the Zoning Board of Appeals granted Elevation Financial a use variance to develop the former Wingate Rehabilitation Center into housing. While this successful public-private partnership will lead to the creation of 132 units of 55+ housing (27 units of which are affordable), the legal mechanism by which this was accomplished is difficult to replicate. Massachusetts law outlines the specific findings a ZBA must make to grant a variance, and generally it is challenging to meet these requirements. Instead, the Town could explore allowing conversion of existing structures to residential uses by special permit or incentivizing adaptive reuse of existing structures to facilitate housing production. STRATEGY 6. Utilizing the findings of the ongoing Integrated Water Resource Management Plan, continue to identify appropriate wastewater treatment systems to enable the creation of denser housing development that can support the inclusion of affordable units. The Town is currently in Phase III of its Integrated Water Resource Management Plan, or IWRMP, a long-term project to develop an integrated approach for the protection and restoration of the Town’s waters. This phase of the project will address water resources planning, including an evaluation of wastewater management alternatives and bylaw updates to implement the stormwater management recommendations of Phase II. The findings of this project will help inform solutions that may enable the provision of denser development alongside protection of the environment. Funding & Assets STRATEGY 7. Continue to work with nearby communities on the Cape by pooling CPA funds and other resources to construct affordable housing in suitable locations throughout the region and meet regional housing needs. Section 5(b)(1) of the Community Preservation Act legislation reads: “The community preservation committee shall study the needs, possibilities and resources of the city or town regarding community preservation, including the consideration of regional projects for community preservation.” (Emphasis added.) Recognizing that addressing regional housing creation benefits all area communities, Brewster has contributed CPA funds toward several regional housing initiatives in recent years, including funding for homes for adults with autism in Orleans (Cape Cod Village, 2016) and Dennis (FORWARD, 2019), a veterans’ home in Dennis (for CIVOC, 2021), and most recently toward Pennrose in Orleans, a redevelopment project that will provide sixty-two rental units. The developer is proposing 65 percent local preference and 10 percent regional preference, the breakdown Town of Brewster Housing Production Plan 2022-2027 65 approved by DHCD for the Village at Nauset Green in Eastham. Based on DHCD local preference definitions, applicants who work in Orleans, for the Town of Orleans, or whose children attend the Nauset Regional Middle or High School, are considered part of the local preference pool even if they do not live in Orleans. STRATEGY 8. Develop a five-year financial plan for the Brewster Affordable Housing Trust and determine whether additional funding streams should be explored. Both the Select Board and Affordable Housing Trust identify this as a key priority; the Select Board’s FY2022-2023 Strategic Plan includes Goal H-1 to “Identify Affordable Housing Trust operating/capital needs and develop funding plan,” and the Affordable Housing Trust’s Key Priorities for 2022 include developing a “5-Year Financial Plan for the Trust.” STRATEGY 9. Based upon the BAHT five-year financial plan, explore other funding opportunities to support housing initiatives at a range of income levels. Depending on the needs identified through the BAHT’s financial plan, the Town can also look at creative ways to increase funding for housing initiatives. As an example, the BAHT could establish a “Housing Opportunity Fund” and regularly apply for CPA funds to build and replenish this resource annually. While Brewster has made excellent use of CPA funds for housing initiatives, having more substantial funds available would enable the BAHT to act quickly on property acquisition opportunities that may arise. The BAHT would still have to apply to annually for such funds, but once these CPA funds were awarded to the Trust, they would not need to be reappropriated at Town Meeting for a specific purpose. The Town of Hingham follows this practice and has for several years, with their AHT stating in their 2021 CPA application, “Often unknown opportunities to create new affordable housing units arise and require immediate responses…. Replenishing the ‘opportunity fund’ will allow the Trust to respond quickly to those opportunities…” The Town could also work to raise resident awareness that the BAHT can receive tax-deductible gifts in the form of “real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity…“60 Strategy 14 discusses developing a collaborative housing education plan, which could include a “fundraising” component that explains how residents can make such tax-deductible gifts to the BAHT, sets fundraising goals, describes how funds and other gifts will be used, and so forth. The Town can look to support the mission of the BAHT and the income levels it is intended to serve (up to 110 percent AMI), as well as potentially funding housing initiatives beyond this level. While the primary purpose of a Housing Production Plan is to increase the share of SHI-eligible units within a community and work toward the state’s 10 percent minimum goal, there are also substantial housing needs outside of these income levels because the supply of housing — particularly rental housing — does not meet the demand. Provincetown addressed this need by passing of a home rule petition to establish its Year-Round Market Rate Rental Housing Trust to “create and preserve year-round rental units in the town of Provincetown including, but not limited to, market rate units for the benefit of residents of the Town.” The Legislature approved the Town’s home rule petition, and the Trust was 60 MGL c. 44A, § 55C: Municipal Affordable Housing Trust Town of Brewster Housing Production Plan 2022-2027 66 officially established in 2016. Chatham has recently taken a similar step, approving three home rule petitions in 2021 relating to funding the creation of housing for households earning up to 200 percent of the area median income. One such measure was the local approval of a real estate transfer tax of 0.5 percent on the sale of homes over $2,000,000, paid by the purchaser, with proceeds going into a “Housing Fund” that would have more leeway than the CPC or AHT in terms of income levels served. In 2021, several other Massachusetts communities approved the submission of home rule petitions relating to real estate transfer fees to the Legislature, although all of these petitions are pending at the state level. Because Brewster’s housing needs at lower income levels are the greatest as demonstrated by the Needs Assessment, the Town should take care not to propose diverting existing funding sources away from these needs and instead may wish to consider new funding solutions for income levels over 80 percent. STRATEGY 10. Explore local property tax incentives for the creation of affordable housing, such as offering a reduction of property taxes to an owner renting an affordable unit. By offering to reduce property taxes for property owners that voluntarily participate in meeting the Town’s affordable housing needs, Brewster can convert existing units to affordability fairly quickly and easily. Provincetown has had affordable housing property tax exemptions of this type on the books for years. The law, passed in 2002, makes residential properties occupied by low-income households exempt from taxes. If only some of a parcel is occupied by an eligible household, taxes are reduced proportionally to the percentage of the square footage of the structure occupied by that household. Unlike many other strategies in this section, a Provincetown-style tax incentive would not necessarily involve any formal deed restrictions, meaning that affordable units created under such a law would not count towards Brewster’s Subsidized Housing Inventory, but still can address important local needs. In addition, such a measure would require Town Meeting approval to submit a home rule petition to the Legislature. Another way for a town to utilize property taxes to incentivize affordable housing development is through tax increment financing (TIF). This approach targets new development by allowing a property owner to waive or reduce property taxes for a set period, which can then be phased back in gradually, in exchange for including some number of affordable units. TIFs require the establishment of TIF-designated area approved by the Economic Assistance Coordinating Council, which essentially requires that the area present “exceptional opportunities for economic development.” Such a measure may be dependent on the direction of the Vision Planning process with regards to establishing a true the Town Center or Town Centers. STRATEGY 11. Develop criteria for assessing a property’s suitability for the creation of affordable and attainable housing. Once developed, such criteria can be used in a variety of ways – as part of an RFP for acquiring land for housing; to assess Chapter 61 properties being considered for acquisition; or for evaluating current Town-owned properties or privately held properties of particular interest for their potential to create housing. Massachusetts Housing Partnership has developed a list of considerations Town of Brewster Housing Production Plan 2022-2027 67 for determining the feasibility of land for housing development, and the Cape Cod Commission is also planning to develop criteria to screen parcels for housing development suitability as part of their current Regional Housing Suitability Analysis project. The Town may wish to build upon these resources or create its own unique criteria to support the next two strategies of this plan. STRATEGY 12. Inventory existing Town-owned land using the criteria developed to determine suitability for housing; develop and issue an RFP for the development of affordable and attainable housing on properties identified as suitable for housing development. This process was recently undertaken on a 16+ acre of Town-owned land off Millstone Road that was previously landlocked until the Town used CPA funds in 2018 to acquire an access parcel on Millstone Road. The Town then undertook a community engagement process to determine criteria that would ultimately inform the development of an RFP to develop housing on the site. This RFP was issued in 2021 and the Town has since accepted a proposal to develop forty-five units of rental housing in twelve buildings. The Town could undertake a similar process for other Town-owned properties deemed suitable for housing, or use the findings of the Millstone Road community engagement process as a starting point for RFP criteria for other parcels. With the recent acquisition of the two Sea Camps properties (the 66-acre Pond Parcel extending to Long Pond and the 55-acre Bay Parcel extending from Route 6A to Cape Cod Bay), Brewster has a unique opportunity to consider the use of Town-owned properties for the creation of a substantial amount of housing. In particular, the Bay Parcel has existing structures that could be explored for housing, as does the adjacent Town-owned Spruce Hill property, which was acquired by the Town in 1985 and is managed by the Brewster Conservation Commission. The Spruce Hill property has one unoccupied home on it, built in 1890 and previously leased by the Brewster Historical Society. In addition, the Brewster School Committee is currently considering whether to consolidate the Town’s two elementary schools. Two of the three options outlined in the Town’s recently completed Elementary Schools Master Plan propose closing one of the two schools and having all elementary students (grades PK-5) in one building.61 Should the Brewster School Committee decide to move forward with one of these consolidation options, the vacant school building could be considered for housing. STRATEGY 13. If deemed necessary based upon the findings of the Town-owned land inventory, develop and issue an RFP for the acquisition of privately held land for the creation of affordable and attainable housing. The Town of Nantucket developed a standard RFP for the acquisition of land for housing and reissues the RFP at regular intervals. Brewster could follow a similar strategy if the inventory of currently held Town-owned land reveals a lack of properties currently available to the Town for the creation of affordable housing. The Town could also expand its analysis of site suitability to include privately held property and maintain dialogue with property owners so that both parties are prepared 61 Town of Brewster, Elementary Schools Master Plan. Prepared by Habeeb & Associates Architects for the Town of Brewster, December 31, 2021. Town of Brewster Housing Production Plan 2022-2027 68 to act in the event that a desirable property that meets the criteria described in Strategy 15 becomes available. Education & Advocacy STRATEGY 14. Develop a collaborative housing education plan that connects to the Town’s Local Comprehensive Plan. Building upon Brewster’s 2018 Vision Plan, the Town is currently developing a Local Comprehensive Plan following the guidelines of the Cape Cod Commission. The Vision Planning Committee has centered their work around ten building blocks – Local Economy, Housing, Water Resources, Open Space, Governance, Community Infrastructure, Coastal Management, Climate Mitigation, Community Character, and Solid Waste Management. While housing has its own building block, housing needs and solutions relate to all of the LCP’s core elements. Tying the Town’s housing program and related educational initiatives to the Town’s LCP ensures continuity of planning efforts and can build community awareness of the connection between housing and many other local and regional concerns. As part of this education plan, the Town can consider hosting an annual Housing Forum and inviting regional partners to cohost or collaborating and co-sponsoring existing regional opportunities. The BAHT has included hosting an annual forum (at minimum) as a priority initiative for FY2022-2023, in addition to holding or participating in other community housing educational initiatives. At the local level, the BAHT could partner with the Brewster Housing Partnership and Brewster Housing Authority to co-sponsor such an effort, which could be further enriched by inviting regional partners or representation from other Lower Cape towns. STRATEGY 15. Continue to ensure regular participation by staff and members of Town bodies in available trainings on housing-related issues including fair housing, local and regional housing needs, comprehensive permit administration, and other relevant topics. Since 2018, CPC funds have helped fund the Cape Housing Institute, a training program for local officials and interested residents in support of the creation of more year-round housing in Brewster and the Lower Cape. Over seventy-five Town staff and residents have participated in this and other educational trainings and workshops since the 2017 HPP. The Town should continue to encourage this commendable level of involvement, both among staff and Brewster residents. Local Policy & Planning STRATEGY 16. Continue to make good use of Chapter 40B, including the Local Initiative Program (LIP), as a vehicle for creating affordable housing. As shown in Appendix C, “Brewster 40B and Affordable Housing Table,” Brewster has a strong track record of using 40B as a tool to create both affordable ownership and rental opportunities in partnership with developers. Habitat for Humanity’s Red Top Road project, permitted in 2021 as a LIP project, will create two affordable ownership units and provides the most recent example of Brewster’s success using 40B in a cooperative manner. The Local Initiative Program, or LIP, is often referred to as the “Friendly 40B” process because the municipality and developer submit a joint application to DHCD. If the LIP application is approved, DHCD issues Town of Brewster Housing Production Plan 2022-2027 69 a project eligibility letter so that the developer can apply for a Comprehensive Permit application with the Zoning Board of Appeals. Thus, going through the LIP process ensures that the Town is involved in shaping project plans before a developer applies for a Comprehensive Permit. To facilitate this effort, the Town could educate owners of nonconforming lots that are otherwise unbuildable under zoning about the possibility of partnering with mission-based organizations like Habitat for Humanity or Housing Assistance Corporation of Cape Cod to develop affordable housing through the LIP comprehensive permit process. Assessor’s records indicate that there are over 300 parcels considered “undevelopable residential land.” Typically, this designation is used for parcels that do not meet lot size or frontage requirements as opposed to indicating an environmental constraint. These parcels appear to be scattered throughout Town with varying degrees of access from roadways. If staff capacity allows, the Town could inventory these lots and assess their suitability for housing depending on their degree of nonconformity, neighborhood context, environmental concerns, and other considerations. STRATEGY 17. Encourage public/private partnerships to facilitate the collaborative production of affordable housing to meet a range of community needs. The business community in the Lower Cape clearly recognizes the need for affordable housing to sustain the local economy and has a vested interest in partnering with Towns to find solutions. As a somewhat recent example, in 2017 the Planning Board granted a special permit to Ocean Edge, allowing the company to develop fourteen modular homes to house 84 seasonal workers.62 While housing for seasonal workers may not directly relate to the housing needs of year-round households at face value, providing for seasonal housing can ease the already-challenging competition for limited rental units and addresses an important community need nonetheless. More recently, the Zoning Board of Appeals granted Elevation Financial a use variance in 2020 to develop the former Wingate Rehabilitation Center into Serenity Apartments at Brewster, a successful public-private partnership that will lead to the creation of 132 units (27 affordable) of 55+ housing. Nonprofit Community Land Trusts (CLTs) are another example of public/private partnerships that have created affordable homeownership opportunities in other communities. A community land trust is a strategy pioneered in urban areas experiencing gentrification that attempts to address the problem of rapidly growing real estate values pricing existing residents out of their own community. Brewster is experiencing a similar problem related to the seasonal housing market, where housing units previously available to residents are purchased by relatively wealthy out-of-towners to serve as vacation homes. A CLT purchases parcels of land and holds them in perpetuity rather than allowing them to enter the commercial real estate market. CLT housing differs from most town-facilitated development in that the Trust retains ownership of the land while selling the houses. Because homeowners are not buying land, merely leasing it (usually for a long period such as ninety-nine years), the cost of land is removed from the price of the home, resulting in much more affordable 62 Donna Tunney, “Brewster OKs workforce housing at Ocean Edge,” Wicked Local, October 5, 2017. Available at: https://www.wickedlocal.com/story/cape-codder/2017/10/06/brewster-oks-workforce-housing-at/64884570007/ Town of Brewster Housing Production Plan 2022-2027 70 housing than could otherwise be expected. CLT homeowners may even sell their homes for a profit, allowing their property to function as an investment like any other, albeit at a lower rate of return as most Trusts limit the amount that their homes may be sold for to keep them affordable. As a nearby example, the Island Housing Trust in Martha’s Vineyard has created over 60 homeownership opportunities for income-eligible households.63 STRATEGY 18. Continue to monitor the impacts of short-term rentals on the availability of year-round rental units; review and consider changes to local policies accordingly. As described in the Needs Assessment, the increase in short-term rentals and seasonal homes appears to have had a negative impact on the Town’s already-limited supply of year-round rental units. The degree of this impact is currently based on estimates rather than actual counts and will become clearer with the full release of the 2020 Census — although much has changed even in the last two years. Because of the lack of current data and the uniqueness of the Cape’s housing situation, the Town should consider strategies to monitor whether a home is used a primary or secondary residence or as a short-term rental unit. Having a closer handle on these trends will allow the Town to carefully observe changing trends and their impacts and adjust Town policies if needed. STRATEGY 19. Increase housing staff capacity to ensure continued and consistent collaboration with the Building, Conservation, Health, and Planning Departments. The 2017 HPP recommended hiring a Housing Coordinator to facilitate the implementation of the plan, an action quickly undertaken by the Town in 2017 with Town Meeting approval of the use of CPA funds to support this position. Initially, this position was approved for nineteen hours a week but increased to twenty-five hours in 2020 and most recently was approved in 2022 for thirty hours per week due to the increased number of housing initiatives and support services. This HPP includes more strategies than the 2017 plan, and implementing such a robust housing program requires time and a central “point person” to oversee the Town’s housing program in coordination with other Town departments. Additionally, the Town should explore expanding the Town Administration’s budget to fund this position rather than doing so through annual application to the CPC. Not only would this free CPA funds for additional housing projects, but funding the position through the Annual Budget reinforces the Town’s commitment to maintaining this important position, implementing this Housing Production Plan, and serving residents with housing needs. Community Resources & Local Support STRATEGY 20. Continue the CDBG-funded housing rehabilitation program to enable income-eligible homeowners to make critical home repairs. Brewster is entering its second year of a $1.3 million-dollar regional Community Development Block Grant (CDBG) for housing rehabilitation and childcare. The funds aid eligible low to moderate income residents, earning up to 80 percent of the area median income. The housing rehabilitation funds can provide a forgivable deferred 0.0 percent interest loan up to $40,000 to make critical home repairs. The BAHT has identified examining the reach of this 63 Island Housing Trust, “Affordable Homes and Rentals.” Available at: https://www.ihtmv.org/affordable-homes-rentals/ Town of Brewster Housing Production Plan 2022-2027 71 program and considering whether the Trust needs to supplement the program as a current priority initiative. STRATEGEY 21. Evaluate current CPC-funded housing initiatives and consider adjusting to meet current needs. With the support of CPA funds, the Town currently provides up to $30,000 of grant assistance for eligible buyers purchasing a home in Brewster. This homebuyer grant program is contingent on existing funds and is available to households qualifying at 80 percent of area median income who agree to place a permanent affordable housing deed restriction on the home. The Town could reevaluate this program and consider adjustments to meet current needs, an effort in line with the BAHT’s current priority initiative to determine the future of this program.64 Additionally, the Town offers a Rental Assistance Program, managed by the Housing Assistance Corporation and supported with CPA funds. Like the homebuyer grant program, this rental assistance program could also be reevaluated to consider adjustments that could better meet current needs. STRATEGY 22. Explore other opportunities for direct support for eligible households, including partnerships with local non-profits and housing assistance providers. Housing Assistance Corporation and Community Development Partnership both offer a variety of programs for households, including homebuyer education programs, Rental Assistance for Families in Transition (RAFT), and foreclosure prevention. In addition, the BAHT’s current priority initiatives suggest revisiting the feasibility of a “rent-to-own” program; housing authorities that participate in the Homeownership Voucher Program can use an eligible participant’s Housing Choice Voucher (HCV) — typically used for rental assistance — to pay for monthly homeownership expenses. The Brewster Housing Authority could also consider developing what HUD refers to as a “Family Self-Sufficiency (FSS) Program”. As the income of an individual holding a Section 8 rental voucher increases, their portion of rent is increased due to program rules. A FSS program takes this difference between the new increased rent and the old rent and places it into an escrow account that the individual can access upon graduating from the program. These accumulated funds can help mitigate the costs associated with moving into a new home. Lastly, the Town can collaborate with energy service providers and nonprofits such as Housing Assistance Corporation to ensure that Brewster households are taking full advantage of available efficiency incentives, fuel assistance programs, weatherization services, and other opportunities for reducing utility costs. 64 Brewster Affordable Housing Trust, “Housing Trust Priority Initiatives for FY 2022-23.” Available at: https://www.brewster-ma.gov/files/affordableht22.pdf Town of Brewster Housing Production Plan 2022-2027 72 APPROACH TO IMPLEMENTATION The table below outlines the potential responsible parties for each strategy, as well as possible time frames for select strategies. The final two columns on the right indicate whether the strategy follows a recommendation from the 2017 Housing Production Plan, and whether the strategy is connected to DHCD guidelines for Housing Production Plans (as outlined in Table 23 of this HPP). Table 24. Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Regulatory Reform #1 Reevaluate the existing ADU and ACDU bylaws and other references to accessory apartments; explore amendments to streamline these provisions and improve their efficacy. Planning Building BHP HC SB Early (discussed) #1 ✓ #2 Amend zoning to clearly allow mixed uses that include housing in business-zoned areas. Planning BHP, SB HC, TA TBD #2 ✓ #3 Reevaluate the existing multifamily dwelling bylaw (Section 179-34) and consider changes and other regulatory measures to facilitate multi-unit residential development. Planning HC, TA SB TBD #5 ✓ #4 Explore measures to require or encourage the inclusion of affordable units in residential development over a certain number of units. Planning HC, TA SB TBD #4 ✓ #5 Allow and incentivize the adaptive reuse of existing buildings for the creation of affordable and mixed income housing. Planning Building TA, SB HC ZBA TBD #6 ✓ #6 Utilizing the findings of the ongoing Integrated Water Resource Management Plan, continue to identify appropriate wastewater treatment systems to enable the creation of denser housing development that can support the inclusion of affordable units. Interdepartmental: Health TA, SB, Planning Natural Resources HC TBD -- Town of Brewster Housing Production Plan 2022-2027 73 Table 24. Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Funding & Assets #7 Continue to work with nearby communities on the Cape by pooling CPA funds and other resources to construct affordable housing in suitable locations throughout the region and meet regional housing needs. CPC TA HC SB BHP BAHT Ongoing #9 ✓ #8 Develop a five-year financial plan for the BAHT and determine whether additional funding streams should be explored. BAHT & Finance (FT) Team & SB HC CPC First (In process) #7 & #8 #9 Based upon the BAHT five-year financial plan, explore other funding opportunities to support housing initiatives at a range of income levels. BAHT, CPC, FT, SB, TA & HC After #8 #7 #10 Explore local property tax incentives for the creation of affordable housing, such as offering a reduction of property taxes to an owner renting an affordable unit. SB TA Finance Assessor HC BAHT TBD #8 #11 Develop criteria for assessing a property’s suitability for the creation of affordable and attainable housing. Planning HC BAHT Building Health Cons Comm, Open Space TA, SB First #15 ✓ #12 Inventory existing Town-owned land using the criteria developed to determine suitability for housing; develop and issue an RFP for the development of affordable and attainable housing on properties identified as suitable for housing development. Planning HC TA BAHT Cons Comm Assessor SB Open Space After #11 #15 ✓ #13 If deemed necessary based upon the findings of the Town- owned land inventory, develop and issue an RFP for the acquisition of privately held land for the creation of affordable and attainable housing. BAHT TA HC Planning SB After #12 -- ✓ Town of Brewster Housing Production Plan 2022-2027 74 Table 24. Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Education & Advocacy #14 Develop a collaborative housing education plan that connects to the Town’s Local Comprehensive Plan (LCP). BAHT BHP HC Vision BHA COA Early (In process) #13 & #16 #15 Continue to ensure regular participation by staff and members of Town bodies in available trainings on housing-related issues including fair housing, local and regional housing needs, comprehensive permit administration, and other relevant topics. HC BAHT BHP Planning CPC ZBA SB Finance Ongoing #13 Local Policy & Planning Strategies #16 Continue to make good use of 40B, including the Local Initiative Program (LIP), as a vehicle for creating affordable housing. BHP BAHT HC, TA SB ZBA CPC Ongoing (Brewster Woods, Habitat) #14 ✓ #17 Encourage public/private partnerships to facilitate the collaborative production of affordable housing to meet a range of community needs. BAHT BHP HC TA SB Planning CPC TBD -- ✓ #18 Continue to monitor the impacts of short-term rentals on the availability of year-round rental units; review and consider changes to local policies accordingly. SB Finance TA BAHT HC Ongoing -- #19 Increase housing staff capacity to ensure continued and consistent collaboration with the Building, Conservation, Health, and Planning Departments. TA Finance HC Interdepartmental: Building Planning TBD #12 Town of Brewster Housing Production Plan 2022-2027 75 Table 24. Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Community Resources & Local Support #20 Continue the CDBG-funded housing rehabilitation program to enable income-eligible homeowners to make critical home repairs. HC TA Finance Building SB Ongoing -- #21 Evaluate current CPC-funded housing initiatives and consider adjusting to meet current needs. BAHT CPC, SB HC BHP Early/ Ongoing (Discussed) -- #22 Explore other opportunities for direct support for eligible households, including partnerships with local non-profits and housing assistance providers. HC BHP BAHT COA CPC BHA TBD -- Notations: BAHT- Brewster Affordable Housing Trust FT- Finance Team BHA- Brewster Housing Authority HC- Housing Coordinator BHP- Brewster Housing Partnership SB- Select Board COA- Council on Aging TA- Town Administration CPC- Community Preservation Committee ZBA- Zoning Board of Appeals Cons Comm- Conservation Committee Town of Brewster Housing Production Plan 2022-2027 76 Appendices Summary of Appendices • Appendix A. Summary of Published Rental Listings from May 2018-2022 • Appendix B. Income Levels and Household Examples, FY2020 • Appendix C. Brewster Comprehensive Permit Projects (40B) Approved Since 2003 & Additional Reference Information • Appendix D. Numerical Goal Methodology • Appendix E. Community Engagement Summary • Appendix F. Glossary of Housing Terms Rent Size Beds Baths Bldg Type Listing Month Listing Year $1,975 1,400 ft²4 bed 2ba House April 2018 $270 2 bed 1ba Apartment May 2018 $1,750 1,200 ft²3 bed 2ba House June 2018 $7,500 1,100 ft²2 bed 2ba House June 2018 $1,900 3 bed 2ba House August 2018 $1,050 1,100 ft²2 bed 1ba House August 2018 $2,000 1,688 ft²3 bed 2ba House September 2018 $900 900 ft²3 bed 1ba House September 2018 $1,025 studio 1ba Condo October 2018 $1,500 768 ft²2 bed 1ba House January 2019 $1,200 1 bed 1ba Apartment February 2019 $1,500 2,000 ft²4 bed 3ba House May 2019 $2,200 1,300 ft²2 bed 1ba Apartment May 2019 $1,950 1,040 ft²2 bed 1.5ba House May 2019 $2,200 1,500 ft²3 bed 2.5ba House July 2019 $2,600 2,200 ft²4 bed 2.5ba House September 2019 $1,250 1,000 ft²2 bed 2ba Condo September 2019 $1,500 1 bed 1ba Apartment September 2019 $1,175 3 bed 2ba House October 2019 $1,750 800 ft²2 bed 1ba Apartment November 2019 $2,200 1,560 ft²3 bed 2ba House December 2019 $2,400 1,446 ft²3 bed 2ba House December 2019 $1,500 800 ft²2 bed 1ba Cottage/Cabin December 2019 $1,400 579 ft²1 bed 1ba Apartment January 2020 $1,950 3 bed 2ba House March 2020 $1,100 300 ft²studio 1ba Apartment March 2020 $1,800 3 bed 1ba Apartment May 2020 $2,400 2 bed 1ba Apartment May 2020 $1,100 600 ft²1 bed 1ba Condo May 2020 $1,100 1,196 ft²3 bed 2ba Apartment July 2020 $1,500 2,373 ft²3 bed 2ba House July 2020 $1,000 1 bed 1ba Apartment July 2020 $900 1 bed 1ba Apartment August 2020 $3,000 2,100 ft² 4 bed 2.5ba House November 2020 $1,800 424 ft²1 bed 1ba Apartment April 2021 $1,800 424 ft²1 bed 1ba Apartment May 2021 $1,700 579 ft²1 bed 1ba Apartment May 2021 $1,450 4 bed 3ba House June 2021 $1,200 600 ft²1 bed 1ba Condo June 2021 $665 1 bed 1ba Apartment July 2021 $2,000 2,000 ft 4 bed 2ba House August 2021 $3,000 2,400 ft²3 bed 3ba House September 2021 $2,300 1,592 ft²2 bed 2ba House October 2021 $1,500 424 ft²1 bed 1ba House October 2021 $1,416 400 ft²studio 1ba Apartment October 2021 $2,000 1,021 ft²2 bed 2ba Apartment November 2021 $1,100 1 bed 1ba Apartment November 2021 $2,000 2,712 ft²4 bed 3.5ba House December 2021 $900 2 bed 1ba Apartment May 2022 APPENDIX A Summary of Published Rental Listings from May 2018-May 2022 Source: Rentometer, May 26, 2022 Income Levels and Household Examples, 2020 FY 2020 Income Limits Household Size Household Examples 1 2 3 4 5 6 (2 examples per category) Extremely Low Income (Up to 30% HAMFI) $ 20,300 $ 23,200 $ 26,100 $ 29,000 $ 31,350 $ 35,160 •A florist ($23,608) with 2 children •An office supply store worker ($21,320) with 1 child Very Low Income (Up to 50% HAMFI) $ 33,850 $ 38,650 $ 43,500 $ 48,300 $ 52,200 $ 56,050 •A single home health aide ($28,340 ) •A social worker ($43,368 ) and stay-at-home parent with 1 child Low Income (Up to 80% HAMFI) $ 54,150 $ 61,850 $ 69,600 $ 77,300 $ 83,500 $ 89,700 •An auto repair technician ($33,488) and restaurant server ($28,236) •An architectural assistant ($56,472) and retail worker ($26,936) with 3 children Moderate Income (Up to 100% HAMFI) $ 67,688 $ 77,313 $ 87,000 $ 96,625 $ 104,375 $ 112,125 •A construction worker ($62,140) and masonry contractor ($31,460) with 2 children •A plumber ($66,092) and personal care assistant ($16,484) with 1 child Upper Moderate Income (Up to 120% HAMFI) $ 81,225 $ 92,775 $ 104,400 $ 115,950 $ 125,250 $ 134,550 •Computer systems designer ($124,488 ) and a stay-at-home parent with 3 children •A single dental hygienist ($71,968) Sources: HUD FY 2020 Income Limits; 2020 Labor Market Information, Employment and Wages (ES-202) APPENDIX B Note that this table uses FY2020 income limits instead of FY2022 because 2020 is the most current year available for the corresponding Employment and Wages information. Income Levels and Household Examples Brewster Comprehensive Permit Projects (40B) Approved Since 2003 & Additional Reference Information Tables provided by the Brewster Housing Office. TOWN SUPPORTED DEVELOPMENTS (LAND OR CPA FUNDING) Date Name Land Size Units Bedrooms % Affordable Funding Additional 2021 Habitat for Humanity 26 Red Top Road 1.34 acres total 2 new homes (& original home) New: 6 bedrooms New: 100% Land donation, $100,000 CPA Comp Permit approved 2021. 2017 Brewster Woods Brewster Housing Authority (BHA) 5.82 acres 30 rental 2 buildings 5 units/acre 55 1, 2 & 3 Bedrooms 9.5 beds /acre 100% Up to 60% AMI $550,000 CPA BHA Land Lease 70% open space, 12% buildings, 18% pavement/ parking. 1 unit for manager or maintenance. 2016 Habitat for Humanity Paul Hush Way 13.92 acres 14 homes 6- Phase 1 8- Phase 2 1 unit/acre 39 2.8 beds /acre 100% Up to 65% AMI $600,000 & $247,000 CPA land 2013 & 2014. & 2016 CPA $350,000. & $200,000 in 2018 2007 Habitat for Humanity James Burr Road 1.06 acre & 3.4 acres 0pen space 4 homes 4 units/acre or 1 unit/acre 12 11.3 beds/ acre or 2.7 beds/ acre 100% Up to 65% AMI Town gave land $95,000 CPA funds $80,000 HOME funds Homes clustered on 1 acre; 3.4 acres open space in perpetuity. Additional town owned conservation land across Slough Rd. 2003 Wells Court (BHA) 3 acres 24 rental Seniors, 1 building 8 units/acre 24 (1 bedroom) 8 beds/acre 100% Up to 50%AMI Land provided by BHA CPA not in existence in 2003, thus no funding. APPENDIX C NON-TOWN SUPPORTED 40B DEVELOPMENTS (NO TOWN FUNDING) Date Name Land Size Units Bedrooms % Affordable Funding Additional 2014 Cape View/ Brewster Landing/ Sachemus Trail 9.43 acres 28 homes, 7 affordable 3 units/acre 76 8.1 beds/acre 25% Up to 80% AMI ---- 2014 White Rock Commons 3.64 acres 12 homes, 3 affordable 3 units/acre 36 bedrooms 9.9 beds/acre 25% Up to 80% AMI ---- ADDITIONAL INFORMATION FOR SHI RENTAL PROPERTIES Date Name Land Size Units Bedrooms % Affordable Funding Additional 1973 Kings Landing 14.4 acres 108 rental 10 buildings & community center 7.5 units/acre 210 bedrooms 26- 1 bed, 66- 2, 12-3 & 4-4 14.5 beds/acre 100% Up to 80% AMI Mixed funding sources. LIHTC, Project based vouchers POAH 1990 BHA Frederick Court 10.26 acres 32 rental Townhomes 3.1 units/acre 32 bedrooms 3.1 beds/acre 100% Up to 80% AMI State 667 Elderly & Disabled 1989 BHA Huckleberry Lane 6.55 acres 24 rental 12 duplexes 3.7 units/acre 57 bedrooms (9-3 & 15- 2bed) 8.7 beds/acre 100% Up to 80% AMI State 705 Family 2000 Eagle Point, Inc. .53 acre 3 rental Single home 5.6 units/acre 4 beds 7.5 beds/acre On SHI ----Latham Center, SHI extended to 2040. ADDITIONAL SHI HOME OWNERSHIP Date Name Land Size Units Bedrooms % Affordable Funding Additional 1990 Belmont Park 26.93 acres or (10.35 acres w/ 15+ acres open space) 20 homes 1 unit/ acre or 2 units/ acre 55 beds 2 beds/ acre or 5.13 beds/acre 100% affordable Up to 80% AMI Land provided by Town Development located on 10.65 acres. 15.81 acres owned by Brewster & designated for open space. 1995 Yankee Drive 12 homes 25% affordable Up to 80% AMI ----LIP program. 48 Total homes (McShane) 2003 Yankee Drive Condos 3 condos Up to 80% AMI ----Original comp permit for 7 total units. AGE 55+ HOUSING Date Name Land Size Units Bedrooms % Affordable Funding Additional 2021 Serenity at Brewster (Former Wingate) 10 acres 132 units 88 Studios & 44 One-bedrooms 132 20% affordable (Lottery 2022) 27 units, requested 50% local preference ----LAU application to DHCD 12/2021. Phase 1- 41 studios opened 7/ 2021 Phase 2- 91 studios/ 1-bedrooms, opening 2022 NURSING HOMES & ASSISTED LIVING Date Name Land Size Units Bedrooms % Affordable Funding Additional 2015 Maplewood 22.59 acres 132 units 66 independent assist. 66- leveled care 5.8 units/ acre 10% (14 units) application ----1 building 33 Memory/nursing 33 assisted with help 1994 Pleasant Bay Nursing & Rehab 12.6 acres 135 beds 10.7 beds/acre ---- ----1 building 2006 Pleasant Bay Woodlands Assisted Living 13.0 acres 59 units 4.5 units/acre 10% (internal process) ----1 building RFP ISSUED FOR POTENTIAL TOWN SUPPORTED RENTAL HOUSING Date Name Land Size Units Bedrooms % Affordable Funding Additional 2022 Town-owned parcel at 0 Millstone Road 16+ acres Rental Units Up to 90 bedrooms 100% affordable Land RFP issued by Housing Trust 10/2021. Proposal received 12/2021 and selected by Trust. Numerical Goal Methodology State regulations and DHCD guidelines require that the Housing Production Plan include a numeric goal for annual housing production that would increase the number SHI-eligible units by at least a 0.5 percent of the municipality’s total year-round housing units as determined by the current decennial census. Achieving this goal in a given year allows municipalities with an approved HPP to request a one-year certification granting “safe harbor” that allows more flexibility in managing the comprehensive permit process. The year-round housing count based upon the 2020 Census is not available as of publication of this HPP, but based upon the 2010 Census Year-Round Housing Count, Brewster’s annual numeric goal should be at least 24 units. Estimates based on extrapolated 2020 year- round housing counts yield a slightly higher goal of 25-26 units annually. Ultimately, DHCD will determine the updated 0.5 percent target based upon the 2020 Census year-round housing count when it becomes available, but the tables below are meant to provide the Town with an estimate of the anticipated future “safe harbor” threshold. METHOD #1: Based on 2010 Year-Round Housing Count (Current Official Target) 2022 2023 2024 2025 2026 Five Year Overall Goal Current Total Year-Round Census Units 4,803 4,803 4,803 4,803 4,803 Target SHI Units 24 24 24 24 24 120 Revised SHI Count 292 316 340 364 388 388 Revised SHI 6.1% 6.6% 7.1% 7.6% 8.1% 8.1% 10% Requirement 480 480 480 480 480 Gap 188 164 140 116 92 92 METHOD #2: Based on Estimated 2020 Year-Round Housing Count, Extrapolated from 2010 Percentage of Vacant Units for Recreational, Seasonal, or Occasional Use 2022 2023 2024 2025 2026 Five Year Overall Goal Estimated Total Year-Round Census Units 5,180 5,180 5,180 5,180 5,180 Target SHI Units 26 26 26 26 26 130 Revised SHI Count 294 320 346 372 398 398 Revised SHI 5.7% 6.2% 6.7% 7.2% 7.7% 7.7% 10% Requirement 518 518 518 518 518 Gap 224 198 172 146 121 121 METHOD #3: Based on Estimated 2020 Year-Round Housing Count, Extrapolated from 2010 Percentage of Total Housing Units for Year-Round Housing 2022 2023 2024 2025 2026 Five Year Overall Goal Estimated Total Year-Round Census Units 4,981 4,981 4,981 4,981 4,981 Target SHI Units 25 25 25 25 25 125 Revised SHI Count 293 318 343 368 393 393 Revised SHI 5.9% 6.4% 6.9% 7.4% 7.9% 7.9% 10% Requirement 498 498 498 498 498 Gap 205 180 155 131 106 106 APPENDIX D APPENDIX E E1 Community Engagement Summary In this section, the “project team” refers to the project consultant (Barrett Planning Group LLC), Brewster Housing Partnership, and Town staff overseeing the development of this Housing Production Plan – Housing Coordinator Jill Scalise and Assistant Town Administrator Donna Kalinick. OPPORTUNITIES FOR ENGAGEMENT The Town of Brewster and Housing Production Plan project team provided multiple opportunities for participation by local officials and the community at large to guide the development of this plan, as outlined in the sections below. Regular Housing Partnership Meetings The Brewster Housing Partnership met monthly from March 2022 through June 2022 to discuss the development of this plan with Town staff and the consultant team. Meeting dates and topics were as follows: February 10, 2022. During this kickoff meeting, Barrett Planning Group reviewed the project timeline, community engagement plan, and community survey with the Housing Partnership. March 10, 2022. Barrett Planning Group discussed the community survey launch, plan for promotion, and findings of small group interviews. In addition, Barrett Planning Group proposed a strategy called a “Meeting in a Box” (later updated to a “Community Conversation”) to the Housing Partnership as a means for creating additional community engagement opportunities. March 31, 2022. Barrett Planning Group presented preliminary takeaways from community survey and highlights of the Needs Assessment. The project team also discussed the final protocol for the Community Conversations, and reviewed plans for the April 28, 2022 community meeting. April 21, 2022. Barrett Planning Group shared draft slides and plans for the April 28, 2022 community meeting with the project team. May 19, 2022. The project team discussed draft goals and strategies for the plan. June 30, 2022. The project team discussed written comments received on the draft plan and reviewed proposed edits to the document. Small Group Interviews During the month of March 2022, the consultant team conducted small group interviews with a total of thirty-five individuals familiar with Brewster’s housing needs to get a sense of what has changed since the last HPP and what needs still remain. Participants included Town staff, members of Town bodies, representation from housing advocacy groups and social service providers, members of the business community, realtors, and residents. Common themes from these conversations include: • There is an insufficient supply of year-round rental units – and some participants made observations that this is worsening as more renter households are displaced due to the property owner wanting to sell or convert to short-term rentals. • The cost of homes has become astronomical (this not unique to Brewster, but a challenge nonetheless). • Businesses and some Town departments have difficulty staffing, recruiting, and retaining employees. • While there isn’t agreement about precise solutions to these issues, there is consensus that there is a housing crisis – and the community at large seems to be more aware and willing to engage in dialogue about this issue. • The best ways to educate people should focus on: personal stories that highlight the need of neighbors, those in the community, etc.; the reality of the income levels/limits and different jobs; and the link between services and housing. • Environmental concerns raised during this process will primarily focus on water protection, but tree removal and land disruption are also common concerns. • Well-received projects tend to have one or more of the following qualities: the project went through a respectful process where people felt their concerns were heard; the project involved redevelopment or reuse of existing buildings; the project featured Cape-friendly design; and the project was for ownership. • Sites identified for future housing development included the Sea Camps properties (although there was a lack of clarity/consensus from participants about which of the two parcels made better sense for housing), Eddy School if the elementary schools consolidate, shifting of municipal spaces that could allow for reuse of buildings, and focusing on mixed use development in commercial corridors. Community Survey A community survey was available online and in paper form from March 10 through April 8, 2022. This survey asked questions about the respondent’s own housing needs as well as their perspectives on the needs of the community. A total of 881 individuals participated in this survey, the results of which are included in the next section of this Appendix E. Community Conversations The project team developed “Community Conversations” kits and made this opportunity publicly available. The tool included all materials needed for volunteer hosts to hold conversations in smaller settings with fellow community members. There were at least three such conversations held, including one at the Council on Aging, one with the Brewster Affordable Housing Trust during their May 5, 2022 meeting, and one held at a housing location. The feedback during these meetings was reflective of themes, concerns, and ideas heard throughout this process. First Community Meeting The Housing Partnership hosted a virtual community meeting on April 28, 2022 to share key findings from the Needs Assessment and invite participants to join breakout groups focused on the following topics: housing needs; development constraints; mapping housing solutions; housing goals and strategies; and regional context. Common themes that came out of the group discussions included: • There is a desperate need for increasing the number of affordable rental units in Brewster. • Renter households are suffering from increasing rents or displacement because property owners are either raising rents, want to sell, or are shifting to short-term or seasonal rental model. • Some participants had strong concerns about the impact of short-term rentals on housing and wanted the Town to take more action. • There is a labor shortage due to low wages not meeting increasing rents. • Some participants noted that Brewster and Harwich used to be communities where people could have families, working class communities, but this is changing. • Some strategies raised by participants included offering tax abatements or incentives, placing a cap on seasonal rentals, focusing on redevelopment of underutilized properties, and encouraging more ADUs. • Regional projects have had a lot of value and the Town should continue to look at regional partnerships. • Multifamily housing is more likely to be accepted if it looks more like Cape homes. In addition, top-of-the-shop housing could provide a lot of opportunity for year-round housing for people who work in Brewster. The results of the group mapping exercise are provided on the next page. MassGIS, Esri Canada, Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS | Massachusetts Highway Survey Section, MassGIS. Identified sites and notes generated from community meeting responses, April 28, 2022. Participants also identified some private properties in addition to these general areas and Town-owned parcels. MEETING NOTES 1.Foster Square — Add rental housing, mixed-usezoning. 2.Lemon Tree Shops — Add rental housing, mixed-usezoning. 3.Village Business district by Orleans — Mixed-useoptions, easy transportation (so close to bus stop, able towalk to Brewster Farms market). Important for peopleto walk to places they need to go to. 4.Underpass Road — More mixed-use opportunities inthe commercial district by Underpass Rd. 5.Route 6A from Eddy Elementary to the Orleans TownLine — This is part of the area of Town to get someapartments over businesses, both rental and homeownership options. Not in the watershed, propertiesavailable to develop. The Town would need to discusspotential zoning changes. 6.Sea Camps Bay — Buildings that are on the couldprovide housing options. 7.Long Pond Parcel — access to major roads, especiallyif sited fairly close to 137 so utilities would not have tobe brought too far. 8.Proactively watch for vacant buildings that could bereused as housing especially if parking is there already. 9.Spruce Hill Property — There is an existing emptyhouse. Conservation land, so can’t build new buildingbut the existing structure may be able to be repurposed. 10.One of the schools (Eddy or Stony Brook) ifconsolidation takes place –— Already has utilities,parking, space. This site has also been discussed as apotential community center. Could combine acommunity center with housing within walking distance. 11.Land by the police station — Is there additionalspace there? Target areas not in zone 2 and far enoughaway from wetlands. 12.Area by the town owned sand pit — Target areasnot in zone 2 and far enough away from wetlands. 13.Village business districts and commercial areas —Will need to address zoning and should be evaluated ona case by case basis. For example, if you are talking aboutan industrial area depending on nature of business maynot be appropriate to have residential but some would befine. 14.Multi-generational housing on Town-owned land. 15.Area by Snowy Owl and Foster Square — mixeduse zoning – Great because people work there, walk tobusinesses walk to work. There are sidewalks there.Walkable areas and easy transportation. Figure E1. Mapping Activity - Sites for Development of Affordable Housing Focus Groups Between May 10 and May 20, 2022, the consultant team conducted eight focus groups with Town staff, nonprofit and for-profit developers, representation from regional housing partners, and members from Town bodies, a total of approximately twenty-five participants. Attendees were asked to review and provide comments on draft strategies for the HPP before they were integrated into the draft plan. Presentation to Select Board and Planning Board On June 6, 2022, the consultant team presented the Needs Assessment, Goals, and Implementation Strategies to the Select Board and Planning Board for their review. Both boards were invited to provide comments through the Housing Office on the presentation. Second Community Meeting on Draft Plan Held as a virtual meeting of the Housing Partnership, this June 16, 2022 community meeting consisted of a consultant-led presentation of the draft plan. Attendees (approximately 30 in total) were invited to ask questions and provide comments during the meeting. Public Comment Period Members of the public were encouraged to provide written comments on the draft plan for two weeks from June 16-June 30, 2022. Three written comments were submitted during this time, in addition to five written comments received previously following the June 6 presentation to the Select Board and Planning Board. Town staff and the consultant team discussed the comments and necessary changes to the plan. These comments are on file with the Brewster Housing Office. . COMMUNITY SURVEY SUMMARY – GENERAL RESPONSES The next section of this Appendix provides a detailed analysis of responses. Open responses to applicable questions are available at the Brewster Housing Office upon request. 603 156 107 0 100 200 300 400 500 600 700 Yes, I live in Brewster year-round Yes, I live in Brewster seasonally No Do you currently live in Brewster, either seasonally or year-round? (866 responses) 1 16 68 99 80 196 269 118 16 0 50 100 150 200 250 300 Under 18 18-24 25-34 35-44 45-54 55-64 65-74 75-84 85 or older What is your age? (863 responses) 2 13 8 6 1 786 23 23 0 100 200 300 400 500 600 700 800 900 American Indian or Alaska Native Asian or Asian American Black or African American Hispanic or Latino (any race) Native Hawaiian or other Pacific Islander White or Caucasian Mixed race/more than one race Other (please specify) Which of the following racial or ethnic categories best describe you? Select all that apply. (843 responses -multiple answers allowed) 266 55 9 138 359 16 21 0 50 100 150 200 250 300 350 400 I work full-time for an employer. I work part-time for an employer. I work seasonally for an employer. I am self- employed/own my own business. I am retired.I am unemployed.Other (please specify). What describes your current employment status? (864 responses) 35 0 3 10 52 0 10 20 30 40 50 60 I work in Brewster. I own a business based in Brewster. I own rental property in Brewster. I work for a social service provider or other agency assisting Brewster residents. Other (please specify) You indicated that you do not reside in Brewster. What is your connection to Brewster? (100 responses; non-residents only) 33 45 29 0 10 20 30 40 50 Yes No Unsure Are you considering moving to Brewster or do you want to move to Brewster within the next five years? (107 responses; non-residents only) 24 114 134 181 153 147 0 50 100 150 200 Less than one year 1-4 years 5-9 years 10-19 years 20-29 years 30+ years How long have you lived in Brewster? (753 responses; residents only) 204 273 231 39 0 50 100 150 200 250 300 Precinct 1 Precinct 2 Precinct 3 Unsure In which voting precinct do you live? (747 responses; residents only) 81 297 341 35 0 100 200 300 400 Rent Own, and my mortgage is paid off Own, and I am still paying my mortgage Other - please specify Do you rent or own your home in Brewster? (754 responses; residents only) 626 69 5 6 27 4 1 15 0 100 200 300 400 500 600 700 Single family (detached) Townhouse or condo Duplex/2-unit building 3-4 unit building 5+ unit building Accesory Dwelling Unit (ADU) Group home Other - please specify What type of home do you live in? (753 responses; residents only) 48 64 150 492 0 100 200 300 400 500 600 Very likely Moderately likely Slightly likely Not at all likely How likely are you to move out of Brewster in the next five years? (754 responses; residents only) 463 187 65 30 0 100 200 300 400 500 Very important Moderately important Slightly important Not at all important How important is it for you to stay in Brewster as you age? (745 resonses; residents only) 58 19 7 12 2 10 1 7 16 4 6 31 0 10 20 30 40 50 60 70 Housing/living costs have become too high Home no longer meets my or my household's needs Prefer or need accessible housing Concerns about development changing the town's character Concerns about sea level rise Employment opportunities School choice Seeking additional community services/local amenities Would like to live in a different climate (weather) Children finished school None of the above Other - please specify You’ve indicated that it is very likely or moderately likely that you will move out of Brewster in the next five years. Which of the following factors do you believe most influence your likelihood of moving out of Brewster? Select all that apply. (110 res 227 129 145 227 95 132 134 145 84 0 50 100 150 200 250 Affordability of housing costs Accessibility improvements to home (e.g., installation of ramps, grab bars, first floor living) More transit options (e.g., buses, ride shares/taxis) Expanded community services (e.g., health and wellness services/programs) Availability of "lifestyle housing" (i.e., designed for active older adults, including single- family and/or multi-family with social or recreational amenities such as clubhouses) Availability of "service-enriched housing" (i.e., offers a set of services intended to meet residents' evolving needs) or expanded homebased services Availability of housing in walkable neighborhood None of the above Other - please specify You've indicated that it is very important or moderately important to stay in Brewster as you age. What factors need to change/improve to enable you to stay in the community as you age? Select all that apply. (644 responses -multiple answers allowed; res 4 23 36 24 4 00 10 20 30 40 Studio 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms More than 4 bedrooms How many bedrooms would your household need to live comfortably in a rental home in Brewster? (91 responses; non-residents or current non-homeowner residents only based on previous response) 59 48 33 0 10 20 30 40 50 60 70 Yes No Unsure Are you currently looking or do you anticipate looking for rental housing in Brewster within the next five years? (140 responses; non-residents or current non- homeowner residents only) 8 31 65 33 0 10 20 30 40 50 60 70 Very likely Slighly likely Not at all likely Unsure How likely is it that you will buy a home in Brewster in the next five years? (137 responses; non-residents or current non-homeowner residents only) 15 96 22 13 5 8 13 12 4 0 25 50 75 100 125 I do not intend to buy a home in the next 10 years. Lack of available housing in my price range (location, size, quality, etc.) I do not qualify to buy a home. Extend and/or proximity of employment opportunities School options Type/exten of local amenities (parks, recreation, libraries, houses of worship) Proximity to family and/or friends None of the above Other - please specify You've indicated that buying a home in Brewster within the next five years is slightly likely, not likely, or that you are unsure. Which of the following factors most influence this decision? Select all that apply. (127 responses -multiple answes allowed; 38 765 4 8 0 100 200 300 400 500 600 700 800 900 Yes No Unsure Other - please specify Do you receive any income-based housing assistance or live in a housing unit with income restrictions? (815 responses; current residents or non-residents interested in moving to Brewster only) 93 83 614 23 0 100 200 300 400 500 600 700 Yes, and I/we have not yet financially recovered. Yes, but I/we have since financially recovered. No Unsure Did you or anyone in your household experience a significant loss of wage or salary income due to the COVID-19 pandemic? (813 responses; current residents or non-residents interested in moving to Brewster only) 44 37 81 14 633 0 100 200 300 400 500 600 700 Every month Most months Some months One month Never; we have not had problems paying for housing costs How often in the last 12 months did you find it hard to pay your rent, mortgage, or other housing costs? (809 responses; current residents or non-residents interested in moving to Brewster only) 406 280 120 0 50 100 150 200 250 300 350 400 450 Yes No Unsure According to the U.S. Department of Housing and Urban Development (HUD), the 2022 “fair market rents” for Brewster’s metropolitan statistical area (MSA) are as follows: 1br: $1,428; 2br: $1,879; 3br: $2,323; 4br: $2,548. If you needed to seek rental housi 282 431 97 0 100 200 300 400 500 Yes No Unsure The median sales price for a single-family home in Brewster was $655,000 in 2021. If you were to buy today, would you be able to afford to purchase a home in Brewster at this price? (810 responses; current residents or non-residents interested in moving t 163 649 0 100 200 300 400 500 600 700 Yes No Do you have children under 18 who reside in your household for more than 3 months/year? (812 responses; current residents or non-residents interested in moving to Brewster only) 356 165 280 7 1 2 0 50 100 150 200 250 300 350 400 0 1 2 3 4 5 or more How many members of your household are 65 or older, including yourself? (811 responses; current residents or non-residents interested in moving to Brewster only) 108 681 11 15 0 100 200 300 400 500 600 700 800 Yes No Unsure Other - please specify Does anyone in your household have a disability (any physical or mental impairment that substantially limits one or more major life activity)? (815 responses; current residents or non-residents interested in moving to Brewster only) 36 86 8 4 0 20 40 60 80 100 Yes (please feel free to identify your support organizations or agencies) No Unsure Other - please specify Do you or any member(s) of your household receive support services through an outside organization or agency to assist with home or life activities? (134 responses; households with someone with disability only) 19 93 14 7 0 20 40 60 80 100 Yes No Unsure Other - please specify Do you or any member(s) of your household require assistive services that you/they are unable to afford or access for some other reason? (133 responses; households with someone with disability only) 644 39 23 41 2 59 0 100 200 300 400 500 600 700 No, I have not considered having a roommate or live-in aide or do not need one. Yes, I have considered having a roommate but do not currently have one. Yes, I have considered having a live-in aide but do not currently have one. Yes, I currently have a roommate. Yes, I currently have a live-in aide. Unsure/Other (please specify) Do you currently have or have you considered having a roommate or live-in aide? (808 responses; current residents or non-residents interested in moving to Brewster only) 443 294 519 638 314 338 234 169 97 215 97 38 0 100 200 300 400 500 600 700 Brewster is welcoming to people all of races, ethnicities, and cultural backgrounds. Brewster is welcoming to people of all socioeconomic backgrounds. Brewster is welcoming to families with children. Brewster is welcoming to older adults. Please indicate your thoughts on the following statements. (Between 845 and 854 responses -varies per statement) Agree Unsure/Neutral Disagree 515 62 201 240 170 202 104 88 239 296 69 25 0 100 200 300 400 500 600 Helping people stay in year- round housing that is affordable to them Creating housing with convenient access to amenities Creating housing with a mix of price ranges Creating more housing options/choices Preservation of existing housing Ensuring that new housing is sustainably built (environmentally responsible, energy efficient, and resource- efficient design and materials) Creating mixed- use development with retail on the ground level and residential space on upper floors Making additional funds available to improve public housing Attracting families with children Helping people stay in the community as they age Other - please specify None of the above Which of the following housing initiatives are most important to you? (856 responses -allowed to check up to three answers) 28 25 15 64 17 12 103 83 107 239 123 86 581 524 604 278 266 603 142 212 120 262 437 144 0 100 200 300 400 500 600 700 Affordable rental units for individuals or smaller households Affordable rental units for larger households Affordable home ownership opportunities Senior housing Housing for people with disabilities “Starter” homes Do you think Brewster has too much, not enough, or just the right amount of the following specialized categories of housing? (Between 843 and 854 responses -varies per category of housing) Too much Right amount Not enough Unsure/No opinion 86 52 163 51 78 23 458 179 299 142 311 98 171 312 186 447 176 400 122 286 183 197 261 310 0 100 200 300 400 500 600 700 Single family homes (detached) Duplexes Condominiums Apartments Assisted living facilities Accessory dwelling units (smaller dwelling unit within or adjacent to a single-family house) Do you think Brewster has too much, not enough, or just the right amount of the following types of housing? (Between 826 and 837 responses -varies per housing type) Too much Right amount Not enough Unsure/No opinion COMMUNITY SURVEY ANALYSIS The Community Survey for the Brewster Housing Production Plan launched on March 10 and closed on April 8, 2022. The survey was available online as well as in paper-copy at Town Hall, and it was advertised on the Town’s website with the assistance of the Housing Office. The survey received 881 responses in total. The purpose of the survey was to engage members of the Brewster community through an accessible outreach tool and to learn about the housing needs and challenges that exist in Town. The survey included questions about demographics, income, and affiliation with the Town of Brewster to help identify the priorities and interests of different groups. This survey does not constitute a decision- making or voting tool, but its results informed the needs, goals, and recommendations discussed and considered throughout the Housing Production Plan process. Who took the survey? Of 866 respondents who indicated whether they live in Brewster, the majority (69.6 percent) were year-round residents, 18.0 percent were seasonal residents, and 12.4 percent were non-residents. The best-represented age group was 65 to 74 years old, and 53.9 percent of respondents were between the ages of 55 and 74. About equal numbers of respondents were under 25 or over 85, and these groups made up less than 4.0 percent of survey-takers. Figure E2 shows the age distribution of respondents compared with the US Census Bureau’s American Community Survey (ACS) Five-Year Estimates for 2016 to 2020. 0.1%1.9%7.9%11.5%9.3%22.7%31.2%13.7%1.9%13.8%6.4%8.5%5.5%14.5%19.4%18.0%8.9%5.0%0% 5% 10% 15% 20% 25% 30% 35% Under 18 18 - 24 25 - 34 35 - 44 45 - 54 55 - 64 65 - 74 75 - 84 85 or older Figure E2. Age Composition of Survey Respondents and Town Population Source: ACS 5-Year Estimates. Table B01001 Survey Respondents ACS Estimates Figure E3 shows the duration that resident respondents have lived in Brewster as a percent of each group of residents. Combined, the largest proportion of respondents (24.0%) have lived in Brewster for 10-19 years, followed by 20.3% for 20-29 years, 19.4% for more than 30 years, 17.8% for 5-9 years, 15.1% for 1-4 years, and 3.2% for less than a year. Only one in five respondents indicated that they had one or more children in their home. More than half of respondents (56.1 percent) have at least one older adult (over 65) in their household. Forty-one respondents had roommates, and two had live-in aides. Between 108 and 134 respondents have members of their household with a disability (this range is because some respondents were unsure or selected “other” and specified health conditions). Of 134 respondents asked whether a member of their household receives supportive services due to disability, 36 (26.9 percent) said yes, and 12 were unsure or selected other. Nineteen respondents indicated their household had a need for supportive services that they were unable to afford or access (for other reasons). Asked about their current employment status, most respondents indicated that they work, 41.6 percent are retired, and 1.9 percent are unemployed. Figure E4 illustrates respondents’ employment by residence status, which shows that year-round and seasonal resident respondents had similar employment statistics, but many fewer non-resident respondents were retired (45.0 percent work in Brewster or serve Brewster residents in a professional capacity). 3.2%16.4%17.9%22.7%20.4%19.4%3.2%10.3%17.4%29.0%20.0%20.0%0% 5% 10% 15% 20% 25% 30% 35% <1 year 1-4 years 5-9 years 10-19 years 20-29 years >30 years Figure E3. Duration of Residence in Brewster by Year-Round or Seasonal Status Year-Round Seasonal The survey captured responses from a population with a racial or ethnic composition that aligned closely with the 2020 Census. Survey takers were able to select as many or as few racial or ethnic categories as they wished, and the list of options matched Census categories. 1 The racial/ethnic breakdown of survey respondents was was within 1 percent of the Town’s population statistics for all categories except Hispanic or Latino, White or Caucasian, and Other. Table E1 compares the racial or 1 Because survey takers were able to select multiple options, there were a total of 862 selections by 843 respondents. This is the reason that the “Survey Percent” column adds up to more than 100 percent. Because Hispanic or Latino origin is considered an ethnicity rather than race, the U.S. Census Bureau breaks down race into Hispanic or Latino status (note “any race” designation of Hispanic or Latino population), so the census totals equal 100 percent. 30.7% 6.0% 0.8% 15.8% 43.2% 1.3% 2.2% 20.5% 6.4% 0.6% 19.2% 48.1% 3.2% 1.9% 46.7% 7.6% 2.9% 12.4% 22.9% 2.9% 4.8% 0%10%20%30%40%50%60% I work full-time for an employer. I work part-time for an employer. I work seasonally for an employer. I am self-employed/own my own business. I am retired. I am unemployed. Other (please specify) Figure E4. Respondents' Employment Status by Residence Status Year-round Seasonal Non-resident ethnic composition of the survey respondents with census data. Sixteen of the respondents who selected “other” expressed their unwillingness to answer or asked about the relevance of racial or ethnic demographics to the Housing Production Plan’s Community Survey. The purpose of the question was to help the team assess the effectiveness of outreach in engaging a cross-section of the members of the Brewster community and to evaluate if there is or could be a relationship between race or ethnicity and housing needs or perceptions of housing needs in Brewster. Table E1. Demographic Comparison: Survey Respondents and 2020 US Decennial Census Race or Ethnicity* Survey 2020 Census Comparison Number Percent Number Percent Survey % - Census % American Indian or Alaska Native 2 0.2% 17 0.2% 0.1% Asian or Asian American 13 1.5% 104 1.0% 0.5% Black or African American 8 0.9% 161 1.6% -0.6% Hispanic or Latino (any race) 6 0.7% 306 3.0% -2.3% Native Hawaiian or Pacific Islander 1 0.1% 7 0.1% 0.1% White or Caucasian 786 93.2% 9,363 90.7% 2.5% Mixed race/more than one race 23 2.7% 314 3.0% -0.3% Other (please specify) 23 2.7% 46 0.5% 2.3% Total 843 102.3% 10,318 100.0% Source: 2020 US Decennial Census. Survey total does not equal 100 percent because participants were able to select more than one option. What did we hear about housing in Brewster today? Survey takers were asked whether they rent or own their homes and about their mortgage status. More than four out of five respondents indicated that they own their homes, and Figure E4 illustrates the relatively even split between homeowners who did and did not have remaining mortgage obligations. This question provided a useful point of comparison versus ACS data and sought to clarify whether mentions of high housing costs are the result of mortgage payments, property taxes and utility costs, or a combination of these. According to ACS data, 38.1 percent of housing units in Brewster do not have a mortgage, and 39.4 percent of respondents paid off their mortgages, so responses were well-aligned with official estimates. The proportion of year-round renters among respondents (10.2 percent) was also close to estimates of the Town’s housing stock occupied by year- round renter households (8.2 percent). Figure E5 shows the tenure of year-round and seasonal Brewster residents, and it provides both the number of responses (left) and proportions of each group of residents represented in each tenure category (right). This figure shows that the proportion of seasonal residents without a mortgage on their homes in Brewster is more than 20 percent higher than that of year-round residents. Residents who rent year-round in Brewster responded at a considerably higher rate than seasonal resident renters. Table E2 shows the housing types of year-round and seasonal residents, and it shows that while most respondents (regardless of residence status) live in single-family homes, townhouses and condos are also particularly popular among seasonal residents. Table E2. Respondents’ Housing Type by Residence Status Housing Type Year-round Seasonal Number Percent Number Percent Single family (detached) 507 84.9% 119 76.3% Townhouse or condo 35 5.9% 34 21.8% Duplex/2-unit building 5 0.8% 0 0.0% 3–4-unit building 6 1.0% 0 0.0% 5+ unit building 26 4.4% 1 0.6% Accessory dwelling unit (ADU) 4 0.7% 0 0.0% Group home 1 0.2% 0 0.0% Other - please specify 13 2.2% 2 1.3% Total 597 156 12.8% 34.8% 47.2% 5.2%2.6% 57.1% 37.7% 2.6% 0% 10% 20% 30% 40% 50% 60% Rent Own, and my mortgage is paid off Own, and I am still paying my mortgage Other Figure E5. Resident Tenure by Residence Status Year-round Seasonal Thirty-eight respondents were residents of income-restricted housing units: 32 were year-round Brewster residents, and 6 were non-residents. Three respondents wrote-in answers to this question indicating their unmet needs for affordable units. More than 1 in 5 respondents (22.6 percent) indicated that their households suffered losses in income related to the COVID-19 pandemic, and about half of these respondents (10.2 percent) report that they have not yet financially recovered. Figure E6 shows how often respondents reported they had difficulties paying their housing costs in the past year. Among respondents, seasonal residents had the least difficulty paying housing costs (91.7 percent report “never”), while about a quarter of year-round residents and nearly half of non- residents had trouble one or more months. Figure E7 also shows how often respondents had difficulties paying their housing expenses, and it groups respondents by tenure type. Less than 40 percent of renter respondents indicated never having trouble paying their housing expenses, whereas 85.3 percent of homeowners reported no difficulty. 5.9%4.4%10.5% 1.7% 77.5% 1.9%1.3%5.1%0.0% 91.7% 9.7%14.5%17.7% 6.5% 51.6% 0% 20% 40% 60% 80% 100% Every month Most months Some months One month Never Figure E6. Respondents’ Frequency of Difficulty Paying Housing Costs in the Past Year by Residence Status Year-round Seasonal Non-resident 18.4%13.2%28.9%1.3%38.2%1.4%1.0%3.1%0.7%93.9%4.1%2.6%10.0%1.8%81.5%15.2%18.2%15.2%3.0%48.5%0% 20% 40% 60% 80% 100% Every month Most months Some months One month Never Figure E7. Respondents’ Frequency of Difficulty Paying Housing Costs in the Past Year by Tenure Rent Own, and my mortgage is paid off Own, and I am still paying my mortgage Other The survey presented respondents with the median sales price for single-family homes in Brewster in 2021 as well as 2022 “fair market rents” (from the U.S. Department of Housing and Urban Development) for apartments with 1-4 bedrooms in Brewster’s area. We asked survey takers whether they would be able to afford to buy or rent at these prices today. Figure E8 shows the combined results of these questions for year-round, seasonal, and non- residents. Less than one third of year-round resident respondents said they could afford to buy today, and less than half said they could rent. More seasonal resident respondents reported being able to afford current prices, and considerably fewer non-resident respondents reported that they would be able to afford to move to Brewster today. What did we hear about the future? More than 85 percent of resident survey takers reported that they are unlikely (either “not at all likely” or “slightly likely”) to move out of Brewster in the next five years, and more than 87 percent reported that it was very or moderately important to stay in Brewster as they age. If respondents indicated that they were somewhat likely to move, the survey asked about factors that will influence the decision. Of 110 respondents who received the question, 58 respondents (52.7 percent) cited high housing/living expenses. About a quarter of respondents wrote in their own answers, which was the 32.2% 47.6% 54.8% 37.8% 13.0% 14.6% 53.8% 66.9% 36.5% 17.5% 9.6% 15.6% 11.5% 35.5% 80.3% 48.4% 8.2% 16.1% 0%20%40%60%80%100% Yes, I could buy Yes, I could rent No, I could not buy No, I could not rent Unsure whether I could buy Unsure whether I could rent Figure E8. Respondents' Ability to Buy or Rent Homes in Brewster at Current Prices by Residence Status Year-round Seasonal Non-resident second most common selection. These responses varied considerably, but several suggested that changes in their housing or financial circumstances will render them unable to stay in Brewster. Similarly, for those who indicated it was important to them to age in Brewster (of whom there were 644), affordability of housing costs and expanded access to community services were each selected by 35.2 percent of respondents as factors that would need to change or improve to enable respondents to stay in the community. Nearly one quarter of respondents indicated that no changes or improvements would be necessary, but there was a statistically significant difference between responses from year- round and seasonal residents, with seasonal resident respondents citing no barriers to aging in Brewster at a rate more than 10 percent higher than that of year-round residents. Ninety-two respondents indicated that they will or may be looking for rental housing in Brewster in the next five years: 36 indicated they would look for a 2-bedroom rental home, 24 for 3 bedrooms, 23 for 1 bedroom, and 4 each said they would need 4 bedrooms or studio units. Renter and non-resident respondents were also asked whether they would buy a home in Brewster in the next five years, and about half said that was not at all likely. Among non-resident respondents, 42.1 percent indicated that they are not considering moving to Brewster within the next five years (“yes” and “unsure” were separated by 3.7 percent). Of 127 respondents who indicated they were unlikely to buy a home in Brewster soon, 96 (75.6 percent) cited lack of available housing in their price range. FUTURE PRIORITIES We asked respondents about housing initiatives that are important to them, and we asked them to select their top three priorities. The most popular selection (by a margin of 25 percent) was helping people stay in year-round housing that is affordable to them with support from 60.2 percent of respondents overall. This option was the top choice among year-round and non-residents, but the top choice among seasonal residents was helping people stay in the community as they age, which was second most popular overall. Figure E9 illustrates the percentages of respondents who selected each answer among year-round, seasonal, and non- residents as well as the combined total popularity of each response. 62.4% 31.8% 26.2% 30.3% 23.9% 22.4% 20.6% 13.4% 10.6% 9.5% 6.5% 2.0% 41.0% 45.5% 21.2% 23.7% 26.3% 25.6% 25.0% 6.4% 6.4% 5.1% 12.2% 4.5% 69.2% 30.8% 45.8% 17.8% 15.9% 24.3% 6.5% 12.1% 13.1% 3.7% 3.7% 4.7% 60.2% 34.6% 28.0% 27.9% 23.6% 23.5% 19.9% 12.1% 10.3% 8.1% 7.2% 2.9% 0%20%40%60%80%100% Helping people stay in year-round housing that is affordable to them Helping people stay in the community as they age Creating more housing options/choices Attracting families with children Ensuring that new housing is sustainably built (e.g., environmentally responsible, energy efficient, and resource-efficient design and materials) Creating housing with a mix of price ranges Preservation of existing housing Creating mixed-use development with retail on the ground level and residential space on upper floors Making additional funds available to improve public housing Other - please specify Creating housing with convenient access to amenities None of the above Figure E9. Top Housing Initiatives by Residence Status and Overall Popularity Year-round Seasonal Non-resident Overall The survey asked respondents to respond to a series of statements about whether Brewster is welcoming to different populations: people of all races, ethnicities, and cultural backgrounds; people of all socioeconomic backgrounds; families with children; and older adults. Figure E10 shows the percentage of respondents who gave each answer. More than three-quarters of respondents agreed that Brewster is welcoming to older adults, but only about a third (34.7 percent) agreed that Brewster is welcome to people of all socioeconomic backgrounds. The largest difference in agreement between year-round, seasonal, and non- residents showed that while 72.4 percent of seasonal residents agree that Brewster is welcoming to families with children, 59.9 percent of year-round residents agreed, and only 50.5 percent of non-residents agreed. Respondents indicated how they felt about the quantity of homes in Brewster for households looking for homes that accommodate specialized housing needs. Figure E11 shows that at least 60 percent of respondents indicated that there were not enough affordable homes, regardless of whether they serve large or small households. There was even stronger response (71.4 percent) indicating that the number of affordable homeownership opportunities and “starter” homes in Brewster was not enough. There was some variation by residence status, but in general, year-round and non-resident populations indicated that there were not enough of each of the specialized housing type at rates between 9 percentage points (senior housing) and 33 percentage points (large affordable units) higher than those of seasonal residents. 51.9% 34.7% 61.1% 75.5% 36.8%39.9% 27.5% 20.0% 11.4% 25.4% 11.4% 4.5% 0% 20% 40% 60% 80% 100% Brewster is welcoming to people all of races, ethnicities, and cultural backgrounds. Brewster is welcoming to people of all socioeconomic backgrounds. Brewster is welcoming to families with children. Brewster is welcoming to older adults. Figure E10. Is Brewster Welcoming to Different Groups of People? Agree Unsure/Neutral Disagree Survey respondents indicated how they felt about the number of housing units in Brewster of several housing types. Figure E11 shows that more than half of survey respondents think Brewster has the right amount of single family detached homes and not enough apartments. If respondents had opinions on the number of accessory dwelling units (ADUs), they tended to respond that there were not enough (only 14.6 percent said there were too many or the right amount). There was greater variability in answers about duplexes, condos, and assisted living facilities. There was also considerable variation in the opinions of survey respondents about the composition of Brewster’s housing mix between year-round, seasonal, and non- resident respondents. Using the same data as is presented in Figure E12, Figures E13-E18 shows the responses of year-round, seasonal, and non-residents for each housing type. 3.3%3.0%1.8%7.6%2.0%1.4%12.1%9.8%12.6%28.4%14.6%10.2%68.0%62.1%71.4%33.0%31.6%71.4%16.6%25.1%14.2%31.1%51.8%17.0%0% 20% 40% 60% 80% 100% Affordable rental units for individuals or smaller households Affordable rental units for larger households Affordable home ownership opportunities Senior housing Housing for people with disabilities “Starter” homes Figure E11. Sufficiency of Specialized Housing Options Too much Right amount Not enough Unsure/No opinion 10.3%6.3%19.6%6.1%9.4%2.8%54.7%21.6%36.0%17.0%37.7%11.8%20.4%37.6%22.4%53.4%21.3%48.1%14.6%34.5%22.0%23.5%31.6%37.3%0% 20% 40% 60% 80% 100% Single family homes (detached) Duplexes Condominiums Apartments Assisted living facilities Accessory dwelling units Figure E12. Opinion on Sufficiency of Housing Mix Too much Right amount Not enough Unsure/No opinion 11.8%53.9%21.3%13.0%5.4%67.6%10.8%16.2%8.9%40.6%28.7%21.8%0% 20% 40% 60% 80% 100% Too much Right amount Not enough Unsure/No opinion Figure E13. Opinion on Sufficiency of Single Family Homes According to Residency Status Year-round Seasonal Non-resident 5.7%21.5%42.2%30.6%10.3%25.3%17.8%46.6%4.0%16.0%41.0%39.0%0% 20% 40% 60% 80% 100% Too much Right amount Not enough Unsure/No opinion Figure E14. Opinion on Sufficiency of Duplexes According to Residency Status Year-round Seasonal Non-resident 19.0%38.6%22.6%19.7%26.0%33.6%13.7%26.7%14.0%24.0%34.0%28.0%0% 20% 40% 60% 80% 100% Too much Right amount Not enough Unsure/No opinion Figure E15. Opinion on Sufficiency of Condominiums According to Residency Status Year-round Seasonal Non-resident 5.3%16.0%58.7%20.0%8.8%25.9%29.3%36.1%6.9%8.8%58.8%25.5%0% 20% 40% 60% 80% 100% Too much Right amount Not enough Unsure/No opinion Figure E16. Opinion on Sufficiency of Apartments According to Residency Status Year-round Seasonal Non-resident 2.7%12.0%55.0%30.3%2.8%13.9%24.3%59.0%3.0%7.0%43.0%47.0%0% 20% 40% 60% 80% 100% Too much Right amount Not enough Unsure/No opinion Figure E18. Opinion on Sufficiency of Accessory Dwelling Units (ADUs) According to Residency Status Year-round Seasonal Non-resident 10.2%40.7%22.1%27.0%6.9%32.4%19.3%41.4%8.9%27.7%19.8%43.6%0% 20% 40% 60% 80% 100% Too much Right amount Not enough Unsure/No opinion Figure E17. Opinion on Sufficiency of Assisted Living Facilities According to Residency Status Year-round Seasonal Non-resident Figure E19 shows the most common words respondents used to describe the most significant barriers to affordable housing in Brewster. Prices and costs were the most popular responses, but other common themes included land availability, housing availability, the Town zoning bylaw and building restrictions, seasonal rentals, and low wages. A full record of open responses can be viewed upon request at the Brewster Housing Office. Figure E19. Word Cloud of Barriers to Affordable Housing in Brewster Glossary of H ousing T erms Affirmative Fair Housing Marketing Plan (AFHMP). A plan that meets the fair housing and non- discrimination requirements of the Department of Housing and Community Development (DHCD) for marketing affordable housing units. The plan typically provides for a lottery and outreach to populations protected under the federal Fair Housing Act of 1968, as amended. The plan must be designed to prevent housing discrimination on the basis of race, creed, color, national origin, sex, age, disability, familial status, sexual orientation, gender identity, or any other legally protected class under state or federal law. Affordable Housing. As used in this report, "affordable housing" is synonymous with low- or moderate-income housing, i.e., housing available to households with income that does not exceed 80 percent of area median income and at a cost that does not exceed 30 percent of their monthly gross income. Affordable Housing Restriction. A contract, mortgage agreement, deed restriction or other legal instrument, acceptable in form and substance to the Town, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and which provides for administration, monitoring, and enforcement of the restriction during the term of affordability. An affordable housing restriction runs with the land in perpetuity or for the maximum period allowed by law. It should be entered into and made enforceable under the provisions of G.L. c. 184, §§ 31-33 or other equivalent state law. Affordable Housing Trust. The mechanism used to account for and report revenues and expenditures for affordable housing, including but not limited to Community Preservation Act (CPA) receipts and other affordable housing funding sources. Area Median Income (AMI). The median family income, adjusted for household size, within a given metropolitan or non-metropolitan area, updated annually by HUD and used to determine eligibility for most housing assistance programs. For Wayland, AMI is based on the Boston- Cambridge-Quincy Median Family Income. Average-Income Household. Loosely defined term for households with incomes over the maximum for affordable housing but typically outpriced by housing costs in affluent suburbs. An income between 81 and 120 percent of AMI generally encompasses average-income households. Chapter 40A. G.L. c. 40A, the state Zoning Act. The current version of the Zoning Act was adopted in 1975 (1975 Mass. Acts 808). APPENDIX F Chapter 40B. G.L. c. 40B, § 20-23 (1969 Mass. Acts 774), the state law administered locally by the Board of Appeals to create affordable housing. It provides eligible developers with a unified permitting process that subsumes all permits normally issued by multiple town boards. Chapter 40B establishes a basic presumption at least 10 percent of the housing in each city and town should be affordable to low- or moderate-income households. In communities below the 10 percent statutory minimum, affordable housing developers aggrieved by a decision of the Board of Appeals can appeal to the state Housing Appeals Committee, which in turn has authority to uphold or reverse the Board's decision. Chapter 44B. G.L. c. 44B (2000 Mass. Acts 267), the Community Preservation Act, allows communities to establish a Community Preservation Fund for open space, historic preservation, and community housing by imposing a surcharge of up to 3 percent on local property tax bills. The state provides matching funds (or a partial match) from the Community Preservation Trust Fund, generated from Registry of Deeds fees. Community Housing. As defined under Chapter 44B, “community housing” includes housing affordable and available to (a) households with incomes at or below 80 percent AMI and (b) between 81 percent and 100 percent AMI. Community Land Trust. Community land trusts are nonprofit, community-based organizations designed to ensure community stewardship of land. They are used primarily to ensure long- term housing affordability. To do so, the trust acquires land and maintains ownership of it permanently. With prospective homeowners, it enters into a long-term, renewable lease instead of a traditional sale. When the homeowner sells, the family earns only a portion of the increased property value. The remainder is kept by the trust, preserving the affordability for future low- to moderate-income families. Community Preservation Act. Chapter 44B. G.L. c. 44B (2000 Mass. Acts 267) allows communities to establish a Community Preservation Fund for open space, historic preservation, and community housing by imposing a surcharge of up to 3 percent on local property tax bills. The state provides matching funds (or a partial match) from the Community Preservation Trust Fund, generated from Registry of Deeds fees. Comprehensive Permit. The unified permit authorized by Chapter 40B for affordable housing development. Department of Housing and Community Development (DHCD). The state's lead housing agency, originally known as the Department of Community Affairs (DCA). DHCD oversees state- funded public housing and administers rental assistance programs, the state allocation of CDBG and HOME funds, various state-funded affordable housing development programs, and the Community Services Block Grant (CSBG) Program. DHCD also oversees the administration of Chapter 40B. Extremely Low-Income Household. A household income at or below 30 percent of AMI. (In some housing programs, a household with income at or below 30 percent of AMI is called very low income.) Fair Housing Act (Federal). Established under Title VII of the 1968 Civil Rights Act, the federal Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), sexual orientation, gender identity, and disability. Fair Housing Law, Massachusetts. G.L. c. 151B (1946), the state Fair Housing Act prohibits housing discrimination on the basis of race, color religious creed, national origin, sex, sexual orientation, age, children, ancestry, marital status, veteran history, public assistance recipiency, or physical or mental disability. Fair Market Rent (FMR). A mechanism used by HUD to control costs in the Section 8 rental assistance program. HUD sets FMRs annually for metropolitan and non-metropolitan housing market areas. The FMR is the 40th percentile of gross rents for typical, non-substandard rental units occupied by recent movers in a local housing market. (See 24 CFR 888.) Family. Under the Federal Fair Housing Act (FFHA), family includes any of the following: (1)A single person, who may be an elderly person, displaced person, disabled person, near- elderly person, or any other single person; or (2)A group of persons residing together, and such group includes, but is not limited to: (a)A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); (b)An elderly family; (c)A near-elderly family; (d)A disabled family; (e)A displaced family; and (f)The remaining members of a tenant family. Gross Rent. Gross rent is the sum of the rent paid to the owner (“contract rent”) plus any utility costs incurred by the tenant. Utilities include electricity, gas, water and sewer, and trash removal services but not telephone service. If the owner pays for all utilities, then gross rent equals the rent paid to the owner. Group Home. A type of congregate housing for people with disabilities; usually a single-family home. Household. One or more people forming a single housekeeping unit and occupying the same housing unit. (See definition of Family) Housing Appeals Committee (HAC). A five-member body that adjudicates disputes under Chapter 40B. Three members are appointed by the Director of DHCD, one of whom must be a DHCD employee. The governor appoints the other two members, one of whom must be a city councilor and the other, a selectman. Housing Authority. Authorized under G.L. 121B, a public agency that develops and operates rental housing for extremely low-income and very-low-income households. Housing Cost, Monthly. For homeowners, monthly housing cost is the sum of principal and interest payments, property taxes, and insurance, and where applicable, homeowners association or condominium fees. For renters, monthly housing cost includes rent and basic utilities (oil/gas, electricity). HUD. See U.S. Department of Housing and Urban Development. Inclusionary Zoning. A zoning ordinance or bylaw that encourages or requires developers to build affordable housing in their developments or provide a comparable public benefit, such as providing affordable units in other locations ("off-site units") or paying fees in lieu of units to an affordable housing trust fund. Infill Development. Construction on vacant lots or underutilized land in established neighborhoods and commercial centers. Labor Force. The civilian non-institutionalized population 16 years and over, either employed or looking for work. Labor Force Participation Rate. The percentage of the civilian non-institutionalized population 16 years and over that is in the labor force. Local Initiative Program (LIP). A program administered by DHCD that encourages communities to create Chapter 40B-eligible housing without a comprehensive permit, e.g., through inclusionary zoning, purchase price buydowns, a Chapter 40R overlay district, and so forth. LIP grew out of recommendations from the Special Commission Relative to the Implementation of Low- or Moderate-Income Housing Provisions in 1989. The Commission prepared a comprehensive assessment of Chapter 40B and recommended new, more flexible ways to create affordable housing without dependence on financial subsidies. Low-Income Household. As used in the terminology of Chapter 40B and DHCD’s Chapter 40B Regulations, low income means a household income at or below 50 percent of AMI. It includes the HUD household income group known as very low income. Low or Moderate Income. As used in Chapter 40B, low or moderate income is a household that meets the income test of a state or federal housing subsidy program. Massachusetts follows the same standard as the rest of the nation, which is that “subsidized” or low- or moderate-income housing means housing for people with incomes at or below 80 percent of the applicable AMI. Massachusetts Housing Partnership (MHP). A public non-profit affordable housing organization established by the legislature in 1985. MHP provides technical assistance to cities and towns, permanent financing for rental housing, and mortgage assistance for first-time homebuyers. MassHousing. A quasi-public state agency that provides financing for affordable housing. Mixed-Income Development. A residential development that includes market-rate and affordable housing. Mixed-Use Development. A development with more than one use on a single lot. The uses may be contained within a single building ("vertical mixed use") or divided among two or more buildings ("horizontal mixed use"). Moderate-Income Household. As used in the terminology of Chapter 40B and DHCD’s Chapter 40B Regulations, moderate income means a household income between 51 and 80 percent of AMI. However, in some federal housing programs, a household with income between 51 and 80 percent of AMI is called low income. Non-Family Household. A term the Census Bureau uses to describe households composed of single people living alone or multiple unrelated people sharing a housing unit. Overlay District. A zoning district that covers all or portions of basic use districts and imposes additional (more restrictive) requirements or offers additional (less restrictive) opportunities for the use of land. Regulatory Agreement. An affordable housing restriction, recorded with the Registry of Deeds or the Land Court, outlining the developer's responsibilities and rights Section 8. A HUD-administered rental assistance program that subsidizes "mobile" certificates and vouchers to help very-low and low-income households pay for private housing. Tenants pay 30 percent (sometimes as high as 40 percent) of their income for rent and basic utilities, and the Section 8 subsidy pays the balance of the rent. Section 8 also can be used as a subsidy for eligible rental developments, known as Section 8 Project-Based Vouchers (PBV), which are not "mobile" because they are attached to specific units. Single Room Occupancy (SRO). A building that includes single rooms for occupancy by individuals and usually includes common cooking and bathroom facilities shared by the occupants. Subsidized Housing Inventory (SHI). A list of housing units that "count" toward a community's 10 percent statutory minimum under Chapter 40B. SHI-Eligible Unit. A housing unit that DHCD finds eligible for the Subsidized Housing Inventory because its affordability is secured by a long-term use restriction and the unit is made available to low- or moderate-income households through an approved affirmative marketing plan. Subsidy. Financial or other assistance to make housing affordable to low- or moderate-income people. Sustainability. To create and maintain conditions under which people and nature can exist in productive harmony while fulfilling the social, economic and other requirements of present and future generations. For housing, sustainability requires an equity framework that includes affirmative measures to provide greater energy-efficiency and healthy housing, to connect housing to jobs, to improve access to affordable transportation, and to enhance educational opportunity. Typical, Non-substandard Rental Units. A term that defines the types of rental units that HUD includes and excludes in establishing the FMR for each housing market area. The term excludes: public housing units, rental units built in the last two years, rental units with housing quality problems, seasonal rentals, and rental units on ten or more acres. U.S. Department of Housing and Urban Development (HUD). The lead federal agency for financing affordable housing development and administering the Fair Housing Act. Very Low Income. See Extremely Low Income. Workforce. People who work or who are available for work, either in a defined geographic area or a specific industry. Workforce Housing. There is no single industry standard that defines “workforce housing.” HUD defines it as housing affordable to households earning between 80 and 120 percent of AMI. The Urban Land Institute has traditionally used the term “workforce housing” to describe units affordable to households with incomes between 60 and 100 percent AMI. By contrast, MassHousing defines “workforce housing” as housing affordable to individuals and families with incomes of 61 percent to 120 percent of AMI. In general, workforce housing is housing for people who work in a community and the pricing methodology should account for wages paid by local employers. TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV Memo: To: Brewster Select Board From: Chris Miller, Ryan Burch cc: Peter Lombardi Date: Re: Sally Andreola is requesting to add her husband, Scott Leonhardt to her aquaculture permit Sally Andreola, currently residing at 525 Satucket Road, Brewster is requesting to add her husband, Scott Leonhardt, also at 525 Satucket Road to her shellfish aquaculture permit. Mrs. Andreola operates Mant’s Landing Oyster Co. located off Mants Landing in Cape Cod Bay. Ad Preview 2/2 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Ocean Edge Annual Entertainment License DATE: July 8, 2022 Regarding Ocean Edge’s annual entertainment license, in 2010, Ocean Edge was granted a special permit which limited tent events on the front lawn to 7 in peak season. These restrictions remained in place until the start of the pandemic, when the state introduced expanded outdoor dining provisions. In 2020, the Planning Board granted a temporary modification to their special permit to allow 2 music events on the lawn a week during summer months, in part to support their new lawn dining service. Ocean Edge then secured a similar modification to their special permit for Summer 2021 that expired on August 30, 2021. Although the expanded outdoor dining provisions were extended by the state this spring and Ocean Edge continues to offer their front lawn dining services, they did not apply for a modification to the special permit for Summer 2022. Accordingly, although they are still permitted to offer dining on the lawn this summer, for the purposes of their entertainment license, the provisions of the original 2010 special permit now govern, limiting their ability to have music on the lawn to the 7 events they are permitted to hold under a tent from May to September. The 2010 special permit also allows for an additional 2 events a month on the front lawn from November through April. Town counsel has confirmed that the Select Board, as the licensing authority, can only impose conditions on their entertainment license that are more restrictive than their special permit requirements, not less. There have never been any limitations on the number of events held at the Bay Pines Pavilion in either their special permit or their entertainment license. Office of: Select Board Town Administrator Ad Preview 2/2 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov RESTRICTIONS FOR WEEKDAY AND SUNDAY ENTERTAINMANE LICENSE OCEAN EDGE RESORT AND CONFERENCE CENTER 1.No music will allowed after 10:00 PM at the Bay Pines Pavilion, the terrace above the ballroom, the Mansion second floor terrace or the Carriage house terrace. 2.No amplified live music will be permitted at any time on the terrace above the ballroom, the Mansion second floor terrace or the Carriage house terrace. 3.No entertainment will be permitted after 10:00 PM on the Front Lawn. Tent sides must be rolled down when there is entertainment at any time. Office of: Select Board Town Administrator 1 Conor Kenny From:Bryan Webb <Bryan.Webb@oceanedge.com> Sent:Friday, June 17, 2022 12:25 PM To:Peter Lombardi Cc:Newman, Robert J. Subject:RE: Bay Pines Pavilion Event Dates Hi Peter, we do not have any tented events scheduled on the front lawn prior to July 11 th. From: Peter Lombardi <plombardi@brewster-ma.gov> Sent: Friday, June 17, 2022 12:21 PM To: Bryan Webb <Bryan.Webb@oceanedge.com> Cc: Newman, Robert J. <Robert.Newman@oceanedge.com> Subject: RE: Bay Pines Pavilion Event Dates Thank you, Bryan – I appreciate it and will get this info out to the Board today. Do you have any planned amplified music events on the front lawn planned between now and then? Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 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: Bryan Webb <Bryan.Webb@oceanedge.com> Sent: Friday, June 17, 2022 12:14 PM To: Peter Lombardi <plombardi@brewster-ma.gov> Cc: Newman, Robert J. <Robert.Newman@oceanedge.com> Subject: Bay Pines Pavilion Event Dates Hi Peter, During the meeting this week, the board requested a list of dates where event would be held in the Bay Pines Pavilion through July 11th. Please see below and let me know if you have any further questions or require additional information. Friday, 6/17 – Member Event – 6:30PM to 8:30PM Saturday, 6/18 – Wedding – 5:00PM to 10:00PM Saturday, 6/25 – Wedding – 5:00PM to 10:00PM Sunday, 6/26 – Member Event – 6:00PM to 10:00PM Monday, 6/27 – Corporate Meeting – 8:00AM to 4:00PM Saturday, 7/2 – Wedding – 5:30PM to 9:30PM Sunday, 7/3 – Fourth of July Member Event – 6:00PM to 10:00PM {or the following day} Monday, 7/4 – Fourth of July Member Event – 6:00PM to 10:00PM Saturday, 7/9 – Wedding – 4:00PM to 9:00PM Thank you, Bryan June 13, 2022 Jan Moore 2837 Main Street Brewster, MA Year-Round Resident since 1985 Re: Renewal of Ocean Edge Inn and Resort Entertainment License. Dear Brewster Board of Selectmen, The amplified music coming from Ocean Edge is too loud. The music is no longer limited to tented events – but several nights every week through October. My home is beyond 150 feet from Ocean Edge. I hear the music loud and clear, making the use of the outdoor deck obsolete. Some events are so loud, I cannot get away from the music and bass even with my doors and windows closed. If someone else would have amplified music beyond the 150 feet sound limit, the Brewster Noise Ordinance would kick in. I want the volume turned down. In the past I have called and asked the General Manager to address the volume of music, I’d hear excuses, but the music stayed loud. Two years ago, when Ocean Edge asked the Planning Board to modify their Special Permit, I asked them to consider their neighbors and keep the volume down. Ocean Edge was given the O.K. to have music on the front lawn at least three nights, in addition to their other events. Last year when they returned to have the modification in place again, I again asked for the volume to be addressed. No instructions were given by the Planning Board other than for me to call the police if I had an issue. Three nights later Ocean Edge held a tented event. Begrudgingly, I called the police for the first time. They came to my home and could hear how loud the music was at my home. The Officer went to speak to Ocean Edge, the music didn’t decrease. As we all know with an Entertainment License, the Police cannot make them turn the music down. I sent the police report to Victor requesting he address this noise problem. He wrote he would meet with the Town Administrator and Ocean Edge to discuss this problem. I received no follow-up, and the music problem continues. I continued to call the Police weekly complaining of the noise. They cannot do anything. This just isn’t good enough anymore. I want the volume turned down, so it doesn’t affect me. The music can be heard on Main Street, Ellis Landing, and Fox Meadow. If Ocean Edge cannot be good neighbors, they shouldn’t be allowed to have events with amplified music. Please required them to limit the volume of their amplified music. Thank you, Jan Moore Archived: Wednesday, July 6, 2022 1:37:59 PM From: Donna Kalinick Sent: Wed, 6 Jul 2022 17:31:17 +0000Authentication To: Erika Mawn Subject: FW: Entertainment license for Ocean Edge Sensitivity: Normal  -----Original Message----- From: Erika Mawn <emawn@brewster-ma.gov> Sent: Monday, June 13, 2022 8:51 AM To: Select Board <SelectBoard@brewster-ma.gov> Cc: townadmin <townadmin@brewster-ma.gov> Subject: FW: Entertainment license for Ocean Edge Good Morning, Please review the email I received over the weekend regarding the Entertainment License renewal for Ocean Edge. Thank you, Erika Erika Mawn Executive Assistant to the Town Administrator 2198 Main Street Brewster, MA 02631 (508) 896-3701 ext. 1100 www.brewster-ma.gov Brewster Town Offices are open to the public Monday - 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 -----Original Message----- From: Carolyn Noering <cnoering@comcast.net> Sent: Sunday, June 12, 2022 6:16 PM To: Erika Mawn <emawn@brewster-ma.gov> Subject: Entertainment license for Ocean Edge Hello, I write to restrict or deny the entertainment license for Ocean Edge. I have been told that they are applying for the license tomorrow night, June 13. I am a neighbor of Ocean Edge. For years I have complained about the amplified music. I call the police often to complain. There should be no amplified music at all. All music should end at 9:30. Ocean Edge is poorly situated. Having so many weddings and events in a small quiet neighborhood is just not acceptable. They should be in Hyannis. They are ruining Brewster and my peace and quiet. Why the town has allowed Ocean Edge to encroach on the surrounding neighborhood with noise and traffic is hard to understand In the Vision Plan people wanted a quaint, quiet Brewster. You should deny amplified music for Ocean Edge. Carolyn Noering Sent from my iPhone Archived: Wednesday, July 6, 2022 1:38:07 PM From: Donna Kalinick Sent: Wed, 6 Jul 2022 17:31:27 +0000Authentication To: Erika Mawn Subject: FW: Ocean Edge Entertainment License Sensitivity: Normal ___________________________________ -----Original Message----- From: Peter Lombardi <plombardi@brewster-ma.gov> Sent: Monday, June 13, 2022 8:49 AM To: Select Board <SelectBoard@brewster-ma.gov> Cc: Donna Kalinick <dkalinick@brewster-ma.gov>; Conor Kenny <ckenny@brewster-ma.gov>; Erika Mawn <emawn@brewster-ma.gov> Subject: FW: Ocean Edge Entertainment License Good morning, We received this email this morning. Erika received another email on this item which she will be forwarding to you under separate cover. Peter Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 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. -----Original Message----- From: Karen Dinopoulos <Klynne2000@yahoo.com> Sent: Monday, June 13, 2022 8:40 AM To: townadmin <townadmin@brewster-ma.gov> Subject: Ocean Edge Entertainment License Dear Board Members. My husband and I live in a neighborhood off Ellis Landing Road. Our proximity to Ocean Edge affords us the opportunity to enjoy their restaurants and other venues. We encourage our friends and family to join us in supporting Ocean Edge as both a local business and our neighbors. Their success is our success as a community. However, we find ourselves compelled to speak out against their latest venture. A year ago, Ocean Edge was granted a one-year entertainment license allowing them to offer live entertainment on their front lawn. So, in addition to outdoor weekend wedding celebrations, we endured more music and revelry several evenings every week during the summer months. We believe that by extending the entertainment license for Ocean Edge you will be denying us our right to gather outside on warm summer nights in our own backyards and enjoy each others’s company without the backdrop of loud music into the late evening hours. Please consider the rights of all the neighbors of Ocean Edge and vote against renewal of the entertainment license. Sincerely, Greg & Karen Dinopoulos 73 Roberts Road Brewster, MA Sent from my iPhone Archive d: Wednesday, July 6, 2022 1:38:13 PM From: Donna Kalinick Se nt: Wed, 6 Jul 2022 17:30:24 +0000Authentication To: Erika Mawn Subje ct: FW: Ocean Edge Entertainment License Renewal Se ns itivity: Normal From: Pe ter Lombardi <plombardi@brewster-ma.gov> Sent: Monday, June 13, 2022 4:44 PM To: Cani ce McGarry <Canice.McGarry@umb.edu>; townadmin <townadmi n@bre wste r-ma.gov> Subject: RE: Oce an Edge Entertai nment License Re ne wal He l l o Candi ce , I have forwarde d your e mail to the entire Select Board for the i r consi de ration relative to Ocean Edge’s application for an annual eve nt l i ce nse . Pete r Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 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: Canice McGarry <Cani ce.McGarry@umb.edu> Sent: Monday, June 13, 2022 2:40 PM To: townadmi n <townadmin@brewster-ma.gov> Cc: Canice McGarry <Cani ce .McGarry@umb.edu> Subject: Oce an Edge Entertai nment Li cense Renewal Importance: Hi gh To the Brewster Board of Selectman: My name is Canice McGarry and I live at 50 Ellis Landing Road; my neighborhood consists of 80+taxpaying res idents/homes within ears hot of the Ocean Edge mansion property, in particular the front lawn. After 35 years of living next door to Ocean Edge with their constant need for expans ion and special permits, it is reasonable to conclude that Ocean Edge does not care about their neighbors . Their perpetual greedy need to pleas e their guests indicates a lack of community s pirit that is s o recommended in the Town’s Vision Plan. Ocean Edge owns an 18 hole golf cours e j us t acros s 6A from the Mansion. They could easily shuttle gues ts there for entertainment 24/7w ithout imposing unwanted nois e on nearby private homes—yet they continue to ignore their closes t neighbors. “Jus t call the police” --like that solv es the problem!!! Has anyone on the Board of Selectman heard the nois e from Ocean Edge’s front lawn on a summer evening? Or do you make decisions bas e d on paper work only, rather than experiencing the request? Or, maybe the vote is purely political? Hoping you will give thoughtful cons ideration to my comments. Thank you for lis tening. Res pectfully, Canice McGarry Archive d: Wednesday, July 6, 2022 1:38:18 PM From: Peter Lombardi Se nt: Tue, 14 Jun 2022 13:42:34 +0000Authentication To: Select Board Cc: Donna Kalinick; Conor Kenny; Erika Mawn Subje ct: FW: Ocean Edge Noise Se ns itivity: Normal FYI Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 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: Donna Bundock <dfbundock@gmail.com> Sent: Monday, June 13, 2022 8:54 PM To: townadmi n <townadmin@brewster-ma.gov> Subject: Oce an Edge Noise Please do not re-ne w this l i cense. The amount of noi se that Ocean Edge make s is di sturbi ng to the home owners and re nters that live here duri ng the summer. the nose travels from there grounds all over El l i s Landi ng, Ne l son Stre e t and Winslow Landi ng pl us all the di ff e rent connecti ng roads in that are a. Please protect us from the noise on thi s side of 6A. Thank you, Donna Fe l i ce Bundock Jan Moore 2837 Main Street Brewster, MA 02631 July 7, 2022 Brewster Board of Selectmen Brewster Town Hall 2198 Main Street Brewster, MA 02631 Dear Brewster Board of Selectmen: I would like the renewal of Ocean Edge’s Entertainment License conditional on keeping the noise down, staying within the boundaries of Brewster’s Noise Ordinance. My home is beyond the 150’ limit of audible noise, I can hear their music loud and clear. I have included the 2010 Special Permit, the 2020 Modification of the Special Permit due to COVID, and the renewal of that modification in 2021. At the modification hearings in 2020 and 2021 I requested the volume of their music be addressed. It is just too loud, and I am tired of hearing it. I was told to call the police if I had a complaint. I am told the police cannot enforce the Noise Ordinance because Ocean Edge has an Entertainment License. Last year I did reluctantly call the police and complain about their music, but it was ineffective in making them turn down their volume and comply with the Noise Ordinance. The officers could only request the action. And Ocean Edge didn’t comply. The music makes using my yard/deck obsolete, driving me indoors and forcing me to shut all windows and doors. That’s not right. I don’t have air conditioning – it’s just too hot to do that. Ocean Edge does not comply with the Brewster Noise Ordinance. The police know this goes on. My neighbors know this goes on. Ocean Edge knows this goes on. Maybe you all didn’t. In May last year I filed a noise complaint, along with a copy of a police report, to Brewster Building Commissioner Victor Staley. I was told he would reach out to Ocean Edge and hope they would keep the volume their amplified music in check. That didn’t happen. If you read the Modification of their Special Permit #2060-P I have submitted with this letter, you can see Ocean Edge did not create what they were approved to do. They did not erect two tents of continuous use for food service during COVID, accompanied by two nights of music. They created a Margaritaville wannabe front lawn with pods of stationary sailcloth covers over Adirondack chairs. Without fail, they played music three nights a week, then as the season continued, the number of nights increased to several nights a week. I have included my notes of dates to show this. Ocean Edge does know how to keep their music volume down. They have been playing music on their front lawn this summer without their Entertainment License. Though I can hear it, it’s workable. I am afraid once the Board gives them their license, the volume will go back up and I will be miserable again. That is just not good enough anymore. When they have a wedding bash or have any of their amplified music outdoors – in or out of a tent (the sound is not diminished because the flaps are always up to the sides and street) – I don’t want to hear any excuses why I must hear them. Please enforce the Noise Ordinance at Ocean Edge. If they cannot comply, they should not be granted an Entertainment License. I cannot go through another year of this. Thank you for your consideration. Sincerely, Jan Moore &ƌŽŵ͗:ĂŶDŽŽƌĞ ^ĞŶƚ͗dƵĞƐĚĂLJ͕DĂLJϮϱ͕ϮϬϮϭϳ͗ϯϱWD dŽ͗sŝĐƚŽƌ^ƚĂůĞLJ ^ƵďũĞĐƚ͗ZĞ͗&t͗KĐĞĂŶĚŐĞEŽŝƐĞŽŵƉůĂŝŶƚϱ͘ϭ͘ϮϬϮϭ dŚĂŶŬLJŽƵsŝĐƚŽƌ͘ Ε:ĂŶ KŶdƵĞ͕DĂLJϮϱ͕ϮϬϮϭ͕ϲ͗ϮϵWDsŝĐƚŽƌ^ƚĂůĞLJфǀƐƚĂůĞLJΛďƌĞǁƐƚĞƌͲŵĂ͘ŐŽǀхǁƌŽƚĞ͗ ,ĞůůŽ:ĂŶ͕ /ǁŽƵůĚŽĨĨĞƌŶŽĨƵƌƚŚĞƌŝŶƐƚƌƵĐƚŝŽŶƐŝŶƌĞƉŽƌƚŝŶŐŽĨĂŶŽŝƐĞĐŽŵƉůĂŝŶƚŽƚŚĞƌƚŚĂŶǁŚĂƚLJŽƵŚĂǀĞũƵƐƚ ƐƵďŵŝƚƚĞĚ͘/ƚǁĂƐǀĞƌLJĐŽŵƉƌĞŚĞŶƐŝǀĞĂŶĚLJŽƵƐƚĂƚĞĚLJŽƵƌĐůĂŝŵĐůĞĂƌůLJ͘ dŚŝƐĐŽŵƉůĂŝŶƚŝƐŶŽǁĂƉĂƌƚŽĨƚŚĞƌĞĐŽƌĚ͘ /ǁŝůůƌĞĂĐŚŽƵƚƚŽKĐĞĂŶĚŐĞĂŶĚ ŵĂŬĞƚŚĞŵĂǁĂƌĞŽĨLJŽƵƌĐŽŶĐĞƌŶƐĂŶĚŚŽƉĞƚŚĂƚƚŚĞLJǁŝůůƌĞƐƉŽŶĚ ŝŶŬĞĞƉŝŶŐǁŝƚŚƚŚĞŽƌŝŐŝŶĂůƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨŵĂŬŝŶŐƐƵƌĞƚŚĂƚƚŚĞLJĂƌĞŵŽŶŝƚŽƌŝŶŐƚŚĞŝƌŶŽŝƐĞůĞǀĞůƐ ĚƵƌŝŶŐĂŵƉůŝĨŝĞĚŵƵƐŝĐĞǀĞŶƚƐ͘ sŝĐƚŽƌ sŝĐƚŽƌ^ƚĂůĞLJ ƵŝůĚŝŶŐŽŵŵŝƐƐŝŽŶĞƌ ϮϭϵϴDĂŝŶ^ƚƌĞĞƚ ƌĞǁƐƚĞƌ͕DϬϮϲϯϭ ϱϬϴͲϴϵϲͲϯϳϬϭ Ğdžƚ͘ϭϭϮϱ ĨĨĞĐƚŝǀĞDĂƌĐŚϭϱ͕ϮϬϮϭdŚĞƵŝůĚŝŶŐĞƉĂƌƚŵĞŶƚǁŝůůďĞŽƉĞŶƚŽƚŚĞƉƵďůŝĐŽŶdƵĞƐĚĂLJƐĂŶĚ dŚƵƌƐĚĂLJƐĚƵƌŝŶŐŶŽƌŵĂůǁŽƌŬŝŶŐŚŽƵƌƐŽĨϴ͗ϯϬƚŽϰ͗ϬϬ͘sŝƐŝƚŽƌƐǁŝůůŶĞĞĚƚŽƐŝŐŶŝŶĂƚƚŚĞĞŶƚƌĂŶĐĞƚŽ ƚŚĞƵŝůĚŝŶŐĞƉĂƌƚŵĞŶƚĨŽƌĐŽŶƚĂĐƚƚƌĂĐŝŶŐƉƵƌƉŽƐĞƐĂŶĚĂůůƐŽĐŝĂůĚŝƐƚĂŶĐŝŶŐƉƌŽƚŽĐŽůƐǁŝůůďĞ ĨŽůůŽǁĞĚ͘^ŽŵĞŽĨƚŚĞƵŝůĚŝŶŐĞƉĂƌƚŵĞŶƚƐƚĂĨĨĂƌĞǁŽƌŬŝŶŐƌĞŵŽƚĞůLJ͕ĂŶĚǁŝůůĐŽŶƚŝŶƵĞƚŽƌĞƐƉŽŶĚ ƚŽƉŚŽŶĞŵĞƐƐĂŐĞƐĂŶĚĞŵĂŝůĐŽŵŵƵŶŝĐĂƚŝŽŶƐŝŶŽƌĚĞƌŽĨƌĞĐĞŝƉƚ͘/ĨLJŽƵŶĞĞĚĨƵƌƚŚĞƌĂƐƐŝƐƚĂŶĐĞ ƉůĞĂƐĞĐĂůůϱϬϴͲϴϵϲͲϯϳϬϭ Ğdžƚ͘ϭϭϮϱŽƌĞŵĂŝůĂƚďƵŝůĚŝŶŐΛďƌĞǁƐƚĞƌͲŵĂ͘ŐŽǀ͘&ŽƌƚŚĞůĂƚĞƐƚƵƉĚĂƚĞƐŽŶ dŽǁŶƐĞƌǀŝĐĞƐ͕ƉůĞĂƐĞǀŝƐŝƚ ǁǁǁ͘ďƌĞǁƐƚĞƌͲŵĂ͘ŐŽǀ͘dŚĂŶŬLJŽƵĨŽƌLJŽƵƌĐŽŶƚŝŶƵĞĚƵŶĚĞƌƐƚĂŶĚŝŶŐĂŶĚ ĐŽŽƉĞƌĂƚŝŽŶ͘ 2UGHUV5HODWHGWR(VVHQWLDO%XVLQHVV3HUWDLQLQJWR&RQVWUXFWLRQ 7KH%DNHU3ROLWLRDGPLQLVWUDWLRQKDVSXEOLVKHGWZRGRFXPHQWVUHODWHGWRWKH QHZHVVHQWLDOEXVLQHVVRUGHU SHUWDLQLQJ WRFRQVWUXFWLRQ7KHILUVWLVVDIHW\JXLGHOLQHVDQGWKHVHFRQGFRQWDLQV HQIRUFHPHQWJXLGDQFHIRU PXQLFLSDOLWLHV 6XSSOHPHQWDO*XLGHOLQHV IRU&RQVWUXFWLRQ6LWHV (QIRUFHPHQWRIWKH&29,'6DIHW\*XLGHOLQHVDQG3URFHGXUHVIRU&RQVWUXFWLRQ6LWHV )RUDGGLWLRQDOLQIRUPDWLRQUHODWHGWR(VVHQWLDO6HUYLFHVSOHDVHFOLFNKHUH &ƌŽŵ͗:ĞƐƐŝĐĂ'ĞůĂƚƚфũŐĞůĂƚƚΛďƌĞǁƐƚĞƌͲŵĂ͘ŐŽǀх ^ĞŶƚ͗&ƌŝĚĂLJ͕DĂLJϮϭ͕ϮϬϮϭϭϭ͗ϰϴD dŽ͗sŝĐƚŽƌ^ƚĂůĞLJфǀƐƚĂůĞLJΛďƌĞǁƐƚĞƌͲŵĂ͘ŐŽǀх Đ͗^ĂƌĂWƌŽǀŽƐфƐƉƌŽǀŽƐΛďƌĞǁƐƚĞƌͲŵĂ͘ŐŽǀх ^ƵďũĞĐƚ͗&t͗KĐĞĂŶĚŐĞEŽŝƐĞŽŵƉůĂŝŶƚϱ͘ϭ͘ϮϬϮϭ &z/ &ƌŽŵ͗:ăŶDŽŽƌĞфũĂŶŵŽŽƌĞϴϬϰϬΛŐŵĂŝů͘ĐŽŵх ^ĞŶƚ͗&ƌŝĚĂLJ͕DĂLJϮϭ͕ϮϬϮϭϭϭ͗ϰϳD dŽ͗ďƵŝůĚŝŶŐфďƵŝůĚŝŶŐΛďƌĞǁƐƚĞƌͲŵĂ͘ŐŽǀх ^ƵďũĞĐƚ͗KĐĞĂŶĚŐĞEŽŝƐĞŽŵƉůĂŝŶƚϱ͘ϭ͘ϮϬϮϭ ,ŝsŝĐƚŽƌ͕ WĞƌƚŚĞŝŶƐƚƌƵĐƚŝŽŶƐŽĨƚŚĞWůĂŶŶŝŶŐŽĂƌĚŵĞŵďĞƌƐĨƌŽŵƚŚĞŝƌϰ͘Ϯϴ͘ϮϬϮϭŵĞĞƚŝŶŐ͕/ĂŵĨŝůŝŶŐĂŶŽŝƐĞ ĐŽŵƉůĂŝŶƚ͘ DĂLJϭ͕ϮϬϮϭKĐĞĂŶĚŐĞǀŝŽůĂƚĞĚƚŚĞƚŽǁŶŶŽŝƐĞŽƌĚŝŶĂŶĐĞ͘/ĐĂůůĞĚƚŚĞƉŽůŝĐĞĂŶĚŚĂĚƚŚĞŽĨĨŝĐĞƌŚĞĂƌ ƚŚĞĂŵƉůŝĨŝĞĚŵƵƐŝĐĐŽŵŝŶŐĨƌŽŵƚŚĞƚĞŶƚĞĚĞǀĞŶƚĂƚKĐĞĂŶĚŐĞĨƌŽŵŵLJĨƌŽŶƚĂŶĚďĂĐŬLJĂƌĚ͘dŚĞ ŵƵƐŝĐĐŽƵůĚďĞŚĞĂƌĚůŝŬĞ/ǁĂƐƉůĂLJŝŶŐŵLJƐƚĞƌĞŽ͘/ĂƐŬĞĚŚŝŵƚŽĨŝůĞĂƌĞƉŽƌƚ͘/ŚĂǀĞŝŶĐůƵĚĞĚƚŚĞ ƌĞƉŽƌƚŝŶƚŚŝƐĞŵĂŝů͘<ŶŽǁŝŶŐƚŚĂƚďĞĐĂƵƐĞKĐĞĂŶĚŐĞŚĂƐĂĞŶƚĞƌƚĂŝŶŵĞŶƚůŝĐĞŶƐĞ͕ƚŚĞŽĨĨŝĐĞƌĐŽƵůĚ ŶŽƚƐŚƵƚŝƚĚŽǁŶ͕/ĂƐŬĞĚŚŝŵŶŽƚƚŽƚƌLJ͘/ĨKĐĞĂŶĚŐĞǁĂƐƚƌLJŝŶŐƚŽĞŶŚĂŶĐĞƚŚĞŝƌŶŽŝƐĞůĞǀĞů ŵŽŶŝƚŽƌŝŶŐĂƐƉƌŽŵŝƐĞĚƚŚƌĞĞŶŝŐŚƚƐƉƌŝŽƌĂƚƚŚĞWůĂŶŶŝŶŐŽĂƌĚŵĞĞƚŝŶŐ͕ƚŚĞLJĚŝĚŶ͛ƚƐƵĐĐĞĞĚĞĚ͘ dŚĞWůĂŶŶŝŶŐŽĂƌĚŐƌĂŶƚĞĚKĐĞĂŶĚŐĞĂŶŽƚŚĞƌŵŽĚŝĨŝĐĂƚŝŽŶŽĨƚŚĞŝƌƐƉĞĐŝĂůƉĞƌŵŝƚƚŚŝƐLJĞĂƌďĞĐĂƵƐĞ ŽĨƚŚĞŝƌŐƵĞƐƚƐ͛Ks/ϭϵĐŽŶĐĞƌŶƐ͘>ĂƐƚLJĞĂƌ/ŵĂĚĞĂůůŽǁĂŶĐĞƐ͕ĂƐĞǀĞƌLJŽŶĞƐŚŽƵůĚ͘/ƚǁĂƐĂ ƉĂŶĚĞŵŝĐ͘/ĚŝĚŶŽƚŬŝĐŬƵƉĂƐƚŽƌŵĂŶĚĐŚŽŽƐĞŶŽƚƚŽƌĞƉŽƌƚŵLJŶŽŝƐĞĐŽŵƉůĂŝŶƚƐ͘ǀĞŶƚƐŽŶƚŚĞĨƌŽŶƚ ůĂǁŶŝƐŽŶĞƚŚŝŶŐ͕ƚŚĞĂŵƉůŝĨŝĞĚŵƵƐŝĐŝƐĂŶŽƚŚĞƌ͘ŵƉůŝĨŝĞĚŵƵƐŝĐŝƐĂƉƌŽďůĞŵ͕ǁŝƚŚŽƌǁŝƚŚŽƵƚĂƚĞŶƚ ŵĂŬĞƐŶŽĚŝĨĨĞƌĞŶĐĞ͘ :ƵƐƚďĞĐĂƵƐĞŵŽƌĞŶĞŝŐŚďŽƌƐĚŝĚŶ͛ƚǁƌŝƚĞĂůĞƚƚĞƌĨŽƌƚŚĞƌĞǀŝĞǁŽĨKĐĞĂŶĚŐĞ͛ƐƌĞƋƵĞƐƚƚŽĞdžƚĞŶĚ ƚŚĞŝƌŵŽĚŝĨŝĐĂƚŝŽŶŽĨƚŚĞŝƌ^ƉĞĐŝĂůWĞƌŵŝƚηϮϬϲϬʹ WĚŽĞƐŶ͛ƚŵĞĂŶƚŚĞLJĚŽŶ͛ƚŚĂǀĞŵLJƐĂŵĞ ĐŽŶĐĞƌŶƐ͘/ƚǁŽƵůĚďĞŵŽƌĞĂƉƉƌŽƉƌŝĂƚĞƚŽƐĂLJƚŚĞŝƌĚŽŶ͛ƚŵŽŶŝƚŽƌƚŚĞ WůĂŶŶŝŶŐŽĂƌĚŐĞŶĚĂƐůŝŬĞ/ ĚŽ͕ĂƐƚŚĂƚŝƐƚŚĞŽŶůLJǁĂLJ/ŬŶĞǁƚŚĞLJǁĞƌĞĂƐŬŝŶŐĨŽƌĂŶĞdžƚĞŶƐŝŽŶ͘ KĐĞĂŶĚŐĞŚĂƐďĞĞŶŵLJŶĞŝŐŚďŽƌĨŽƌƐŽŵĞƚŚŝƌƚLJͲĨŝǀĞLJĞĂƌƐ͕ĂŶĚ/ŚĂǀĞŽŶůLJĐŽŵƉůĂŝŶĞĚĂŚĂŶĚĨƵůŽĨ ƚŝŵĞƐƚŽKĐĞĂŶĚŐĞĚŝƌĞĐƚůLJ͕ďƵƚƚŚĞLJũƵƐƚĚŽŶ͛ƚƚƵƌŶĚŽǁŶƚŚĞŵƵƐŝĐ͘ WůĞĂƐĞƚĞůůŵĞǁŚĂƚŽƚŚĞƌŝŶƐƚƌƵĐƚŝŽŶƐ/ŶĞĞĚƚŽŬŶŽǁŐŽŝŶŐĨŽƌǁĂƌĚŝŶƌĞƉŽƌƚŝŶŐŶŽŝƐĞŽƌĚŝŶĂŶĐĞ ǀŝŽůĂƚŝŽŶƐ͘ dŚĂŶŬLJŽƵ͕ Ε:ĂŶDŽŽƌĞ ^ĞŶƚĨƌŽŵDĂŝů ĨŽƌtŝŶĚŽǁƐϭϬ 2021 Dates marking when Ocean Edge’s Amplified Music can be heard at my home, 2837 Main Street. April 28, Wednesday Planning Board Meeting – Ocean Edge requested renewal of their Modification of Special Permit #2060 – P. Granted. During the hearing, Planning Board told me to call the police if I had a complaint about the noise. May 1, Saturday Ocean Edge held a function. Amplified Music too loud. I called the police. An Officer came to my house, confirmed the noise was too loud (very auditable) at my house. May 21, Friday Filed Noise Complaint with Brewster Building Commissioner with Police report. Amplified Music can be heard at my home. I called the Police almost weekly complaining about the noise: June 4, Friday June 5, Saturday June 6, Sunday June 12, Saturday June 13, Sunday June 14, Monday June 17, Thursday June 18, Friday June 19, Saturday June 20, Sunday June 25, Friday June 26, Saturday June 27, Sunday July 2, Friday July 4, Saturday July 6, Thursday July 9, Friday July 10, Saturday July 11, Sunday July 12, Monday July 16, Friday July 17, Saturday July 18, Sunday July 20, Tuesday July 23, Friday July 24, Saturday July 25, Sunday July 27, Tuesday 2021 Dates marking when Ocean Edge’s Amplified Music can be heard at my home, 2837 Main Street. July 28, Wednesday July 30, Friday July 31, Saturday August 1, Sunday August 2, Monday August 3, Tuesday August 6, Friday August 7, Saturday August 8, Sunday August 10, Tuesday August 12, Thursday August 13, Friday August 14, Saturday August 15, Sunday August 19, Thursday August 20, Friday August 21, Saturday August 22, Sunday August 25, Wednesday August 27, Friday August 28, Saturday September 2, Thursday - Tent September 4, Saturday - Tent September 5, Sunday – Tent – Annual Blow Out Concert September 6, Monday – Tent September 10, Friday September 11, Saturday September 16, Thursday September 17, Friday September 18, Saturday September 19, Sunday September 25, Saturday October 1, Friday October 2, Saturday October 8, Friday October 9, Saturday Archive d: Friday, June 10, 2022 11:18:17 AM From: Colette Williams Se nt: Thu, 9 Jun 2022 18:58:33 +0000Authentication To: Peter Lombardi; Erika Mawn Subje ct: FW: Republican Registrar Nominee 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: Brewster RTC <brewsterrtc@gmail.com> Sent: Thursday, June 9, 2022 2:35 PM To: Colette Williams <cwilliams@brewster-ma.gov> Subject: Re publ i can Re gistrar Nomi nee De ar Colette: I'm happy to i nform you that The Brewster Republican Town Commi tte e has chosen a hi ghly qual i fied member to run f or Re publ i can Re gistrar. He r name i s Nancy White hurst. You have met her in her capacity as Pol l Worke r. She i s a local business woman and has an extensive background i n vol unteer work for Bre wste r organizations and projects. I think Nancy will be an ex ce l l e nt choi ce . Thank you for your patience i n thi s process. The Bre wste r RTC has grown rapi dl y over the past two years and we are inex pe rienced i n some of these proce dures. Cordi ally Paul a Mi l l e r Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Memo To: Brewster Select Board From: Erika Mawn, Executive Assistant Date: July 7, 2022 Re: Re-Appointments to Board and Committee This memo will serve as the request for re-appointment of various board and committee members whose terms ended on June 30, 2022. The original list was provided in the For Your Information section of the Select Board meeting on June 13, 2022. Following the Select Board policy, the Select Board liaison and the Committee Chair were notified of members whose terms were expiring and recommendation for re-appointment was requested. All members were then contacted to verify re-appointment to their current board or committee. For members that did not wish to be re-appointed, a vacancy list has been updated and is available here as well as on the Town website, under the Volunteer Opportunities page. Residents will need to complete the application available online or through the Town Administration office if interested. Please note that additional members have made the decision not to be re-appointed since the original list was provided on June 13, 2022. Re-appointments Committee / Board Member Name Term Affordable Housing Trust Timothy Hackert Donna Kalinick Maggie Spade-Aguilar Ned Chatelain 2-year term Alewife Committee Doug Erickson William Lemaitre 3-year term Alewife Warden Doug Erickson William Lemaitre 1-year term Cape Cod Commission Elizabeth Taylor (Brewster Representative)3-year term Cemetery Commission Thomas Rogers 3-year term Community Preservation Committee Roland Bassett Jr. (Rec. Commission Rep.) Christine Boucher (Housing Authority Rep.) Faythe Ellis (Historic Commission Rep.) Bruce Evans (Conservation Commission Rep) Sharon Marotti 3-year term Office of: Select Board Town Administrator Council on Aging Sharon Tennstedt 3-year term Energy Committee Colin O’Dell (Town Administrator Rep.)3-year term Golf Commission John Kissida 3-year term Historical Commission Faythe Ellis Patricia Hess 3-year term Housing Partnership Lisa Forhan Steve Seaver 3-year term Human Services Committee Patricia Hess Anne O’Connell 3-year term Natural Resources Commission Kimberley Crocker Pearson 3-year term Old Kings Highway Historic Committee Tom Turcketta (Builder) George Carey (Alternate) 1-year term 1-year term Open Space Committee Bruce Evans Peter Norton 3-year term Stonybrook Millsites Committee Faythe Ellis Marguerite Erickson Emily Sumner 3-year term Vision Planning Committee Sharon Tennstedt 3-year term Water Commission Cynthia Baran Susan Neese-Brown 3-year term Water Quality Review Committee Cynthia Baran Bruce Evans 1-year term Employee Re-appointments Committee / Board Member Term Cape Cod Commission John Idman (Alternate)3-year term Cape Cod Municipal Health Care Group Lisa Vitale Susan Broderick (alternate) 1-year term Cape Cod Regional Transit Authority Peter Lombardi 3-year term Emergency Management Peter Lombardi Robert Moran 1-year term Hazardous Waste Committee Paul Anderson Robert Moran Griffin Ryder Amy Von Hone 1-year term Oil Spill Coordinator Griffin Ryder Robert Moran 1-year term Pleasant Bay Watershed Technical Advisory Committee Chris Miller Amy von Hone 3-year term Shellfish Constable David Johnson 3-year term Town Administrator Peter Lombardi 3-year term Tree Warden Josh Sargeant 1-year term Tri-Town Groundwater Protection Peter Lombardi 3-year term Water Quality Review Committee Ned Chatelain F. Davis Walters Amy von Hone 1-year term Vacancies Committee / Board Number of Vacancies Archivist 1 Opening Bikeways Committee 2 Openings Board of Assessors 1 Opening Conservation Commission 2 Openings Crosby Property Committee 2 Openings Cultural Council 1 Opening Energy Committee 1 Opening Human Services Committee 1 Opening Natural Resources Advisory Commission 2 Openings Open Space Committee 2 Openings Recycling Commission 1 Opening Vision Planning Committee 1 Openings Zoning Board of Appeals 1 Opening and 4 Alternates FINAL Select Bd Appt Policy; version Oct. 28 Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 BREWSTER SELECT BOARD POLICY #6 SELECT BOARD APPOINTMENTS TO TOWN COMMITTEES Date Adopted: _____ A. DEFINITIONS 1. Ad hoc committee: A committee formed for a limited period of time for a specific and temporary purpose. 2. Advisory committee: A committee that acts only in an advisory capacity to the Select Board with no authority to bind the Select Board, e.g., the Bikeways and Human Services Committees. 3. Alternate member: A committee member appointed to sit on the committee in the case of an absence, inability to act, or conflict of interest on the part of a regular member or in the event of a vacancy (Town Charter 5-3-1). 4. Appointed committee: A committee in which the members are appointed rather than elected. 5. Committee: Any multiple-member public body, including boards and commissions. 6. Elected committee: A committee in which the members are elected by town voters. 7. Public body: All multiple member committees, boards, and commissions, elected or appointed, or otherwise authorized under state law, town charter, or as appropriate, by the Select Board, to serve a public purpose. 8. Regulatory committee: A committee with financial or regulatory authority granted by state law and/or town charter, e.g., the board of health, planning board, and school committee. 9. Standing committee: A permanent committee. B. PURPOSE 1. Appointing authority. The Select Board is the appointing authority for all non- elected, multiple member committee positions. It appoints jointly with a second public body for certain elected committee vacancies (covered by a separate policy, number 6A, dated November 1, 2021). The Select Board may create and make appointments to ad hoc and advisory committees as it deems necessary. The Town Moderator is the appointing authority for certain committee positions not covered by this policy. (See Appendix A). 2. Appointment process. This policy describes the process used by the Select Board to appoint volunteers to Town committees, boards, and commissions where members are not elected. 3.Resident involvement.The Town encourages resident involvement in decision- making through participation on committees and relies on qualified volunteers Office of: Select Board and Town Administrator 11 / 01 / 2021 Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 playing active committee roles. 4. Appointment process goals. The members of a committee should be selected so as to provide the strongest possible group for the handling of any task that may arise within the province of that committee. The Select Board seeks to appoint qualified Brewster residents who are broadly representative of the demographics and experiences of residents in Town and whose skill set matches the particular committee’s needs. The Select Board aims to have balanced and diverse representation on committees wherever feasible. 5. Town employees and non-Brewster voters. Town of Brewster employees may be appointed to a committee at the appointing authority’s discretion, subject to the Conflict of Interest law and any other general or special laws. Non-Brewster voters may be appointed to certain ad hoc and advisory committees. The Select Board will explicitly identify opportunities for non-Brewster voters to seek appointment to such committees. Town employees and non-Brewster voters appointed to serve on such committees will be full voting members unless otherwise outlined in the committee charge. C. SELECTION CRITERIA 1. The applicant is registered to vote in Brewster, with certain exceptions for appointed ad hoc and advisory committees, as discussed above. 2. Successful applicants will demonstrate: a. Broad perspective and concern for Brewster’s welfare and progress; b. Familiarity with Brewster’s issues, government processes, and plans, including without limitation the Vision Plan; c. Interest in duties and responsibilities of the committee, board, or commission under consideration; d. Willingness to devote time and effort toward the committee’s work; e. Basic awareness and understanding of pertinent laws, bylaws, regulations, and policies; f. Relevant professional and/or personal experience/expertise; g. Effective teamwork and communication skills; and h. Commitment to carrying out the duties of the committee in the best interest of the Town according to applicable law and regulations and not to advance or create the appearance of advancing a personal agenda. 3. Under the Town Charter, no person who has been recalled from an office or who has resigned from office following the filing of a recall petition shall be appointed to any Town office within 2 years after such recall or such resignation (Charter 2- 12-1-G). D. REMOVAL BY SELECT BOARD FROM APPOINTED POSITION 1. Under the Town Charter, any person appointed to a multiple member committee by the Select Board may be removed by the Select Board following written notice and the opportunity for a public hearing (Charter 5-1-1-B). E. PROCESS FOR SELECT BOARD APPOINTMENTS TO NON-ELECTED COMMITTEES (See chart that follows) 1. Advertising (Responsibility: Town Administration) a. Vacancy notices are posted with guidance on how to apply. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 2. Application Initial Review (Responsibility: Town Administration) a. Applicant submits application (see Appendix B) and other materials to Town Administrator’s office. b. Upon receipt, staff reviews application for completeness and, if satisfied that the application is complete, forwards the application to the Town Clerk. 3. Eligibility Confirmation (Responsibility: Town Clerk) a. The Town Clerk notes the applicant’s voting status on the “Committee Application Screening and Action Form” and returns the form to Town Administration, who then forwards the application materials to the Select Board Liaison. 4. Screening and Recommendation (Responsibility: Select Board Liaison) a. The Select Board Liaison assigned to the committee on which a vacancy has occurred conducts applicant screening, and then submits their recommendation to Town Administration staff, using “Select Board Committee Application Screening Form” (See Appendix C). Screening activities include reviewing application materials, interviewing applicant, and conferring with the committee chair. 5.Notice of Proposed Appointment (Meeting #1)(Responsibility: Town Administration) a. For applicants recommended for appointment by the Select Board Liaison, the “Select Board Committee Application Screening Form” with the Liaison’s recommendation and application materials are published in a Select Board meeting packet at least one week prior to the meeting at which a vote on the appointment will be held. 6. Select Board Vote (Meeting #2) (Responsibility: Select Board) a. The recommended appointment is placed on Select Board meeting agenda, including the name of the candidate, if known. b. The Select Board deliberates on the recommended appointment and votes. c. A simple majority vote is required to confirm or reject the appointment. 7. Notification of Decision (Responsibility: Town Administration) a. Town Administration then notifies the applicant of the Select Board’s decision: i. If appointed, Town Administration notifies the applicant of their appointment and directs the appointee to be sworn in by Town Clerk before participating in a public meeting. The appointment certification form is forwarded by Town Administration to the appointee and the Town Clerk, along with the required Certification of Compliance with any applicable laws, including without limitation the Open Meeting Law, Public Records Law, and Conflict of Interest Law. ii. If the applicant is not appointed, Town Administration notifies the Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 applicant; other vacancies may be considered and the application can be kept on file. F. APPOINTMENTS TO AD HOC COMMITTEES (Responsibility: Town Administration and Select Board) 1. The Select Board may request the Town Administrator perform screening and make recommendations to the Select Board for appointments to ad hoc committees. 2. The same application form is used as with standing committee applications and the same two meeting publication processes will be used (though no Select Board Liaison recommendation occurs). 3. For ad hoc committees, Town Administration will evaluate applications and forward recommendations to the Select Board for deliberation and vote at a public meeting. 4. The Select Board will clearly identify opportunities that non-Brewster voters are eligible to apply for. G. RE-APPOINTMENT TO COMMITTEE (Responsibility: Town Administration and Select Board) 1. Committee members whose terms are expiring should notify Town Administration, by email or in writing, if they wish to be re-appointed no later than 30 days before the end of their term. 2. For members wishing to be re-appointed, Town Administration will notify the Select Board Liaison to the Committee and the Committee Chair. 3. The Select Board Liaison will consult with the Committee Chair and inform Town Administration of a recommendation for re-appointment. 4. If a committee member is recommended for re-appointment: i. Meeting #1: Town Administration will publish member’s request for re- appointment and re-appointment recommendation by the Select Board Liaison in a Select Board packet at least one week prior to the meeting at which a vote on re-appointment will be held. ii. Meeting #2: The recommendation for re-appointment will be placed on the Select Board meeting agenda, including the member’s name. The member’s request for re-appointment and the Select Board Liaison’s recommendation for re-appointment will be published in Select Board meeting packet. iii. A simple majority vote is required to confirm or reject the re- appointment. 5. If a member does not wish to be re-appointed, a vacancy will be added to the Town-maintained committee vacancy list. H. APPOINTMENTS TO COMMITTEES COMPRISED OF OTHER COMMITTEE MEMBERS (Responsibility: Town Administration and Select Board) 1. Certain Town Committees are formed of members representing other Town committees and departments, e.g., the Water Quality Review Board and the Brewster Affordable Housing Trust. 2. The Select Board makes appointments to these committees based on the recommendation of the contributing committee and/or applicable Town bylaws or charter provisions. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Approved by the Brewster Select Board on: ___________________________ ___________________________ Cynthia Bingham, Chair David Whitney, Vice Chair ___________________________ ___________________________ Edward Chatelain, Clerk Mary Chaffee ___________________________ Kari Hoffmann Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1237 FAX: (508) 896-8089 WWW.BREWSTER-MA.GOV OFFICE OF: BOARD OF ASSESSORS Memo to: Brewster Select Board From: James Gallagher, Deputy Assessor Date: June 15, 2022 CC: Peter Lombardi, Town Administrator Conor Kenny, Project Manager RE: Road Betterment Petition: Vesper Pond Neighborhood (Vesper Pond Drive, Bay View Drive, Cranberry Lane, Mayflower Circle, Deer Path Circle, Jam Lane) I have reviewed the Road Betterment Petition referenced above. In accordance with paragraph D of the Code of the Town of Brewster Chapter 157 Section 20 as amended by Article 23 of the May 15, 2021 Town Meeting, the petition includes at least 50% plus one of the 57 abutting property owners of record as of June 14, 2022. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 What is a “Private Road Betterment”?  “Private road betterment” refers to the Town facilitating the repair/paving of the private road that you reside on. The construction costs of road and/or drainage repairs are then financed through an assessment on your Brewster property tax bills for a specified number of years.  If you own property on a private road in Brewster which has been open for public use for at least five years, it may be possible for the Town to assist with the repair. See Private Road Betterment Bylaw (attached to this email), as amended by Town Meeting in May 2021, for more details. Engaging an Engineer  The Town of Brewster does not determine the scope of work for each project – this is done by property owners on the roads in question. The Town is a facilitator of the betterment process.  To initiate this process, you must first contact an engineer experienced in road construction and repair who can survey the road in question to develop a plan.  The plan must note the predicted useful life of the private way after repairs (at least 15 years).  After the plan has been prepared, the engineer must secure at least three (3) cost estimates from established contractors to complete the work. The cost estimate averages the three (3) quote amounts, anticipated legal and construction management expenses, a 10% contingency, a 4% administrative fee, and estimated interest costs (3-5%).  The costs of preparing the plan, obtaining cost estimates, and preparing the petition described in the next section is the responsibility of the petitioners.  The survey work and initial plan development are upfront costs that will not be included in the betterment calculations even if the project is ultimately approved. Preparing the Petition  After receipt of the bids, the petitioners must circulate a petition form to all eligible residents on the private way (see Section G of the Town bylaw for details on eligibility standards).  Please contact Conor Kenny in the Town Administrator’s Office at ckenny@brewster-ma.gov to obtain the petition forms.  The petition must be signed by more than 50% of all the abutters on the road (simple majority vote) as verified by the Assessor’s Office.  You must then submit the completed petition, engineer's plan, map of the private way to be repaired, and supporting documentation for the cost estimates to the Select Board.  The Select Board will then refer the petition to the Planning Board if they determine that the proposed repairs are in the public interest and are within the financial capabilities of the Town. Office of: Select Board Town Administrator Planning Board Review  The Planning Board will conduct a public hearing on the petition to examine the plan and hear from abutters and the general public, before voting to approve, modify, or disapprove the plan.  Please note the filing deadlines below for review of the petition by the Planning Board. Because the Planning Board is required to advertise public hearings on betterment petitions, the filing deadline is approximately a month and a half before the actual hearing date. 2022 Planning Board Schedule Filing Deadline Hearing Date* Advertisement Dates December 1 January 12 December 24, 31 December 15 January 26 January 7, 14 December 29 February 9 January 21, 28 January 12 February 23 February 4, 11 January 26 March 9 February 18, 25 February 9 March 23 March 4, 11 March 2 April 13 March 25, April 1 March 16 April 27 April 8, 15 March 30 May 11 April 22, 29 April 13 May 25 May 6, 13 April 27 June 8 May 20, 27 May 11 June 22 June 3, 10 June 1 July 13 June 24, July 1 June 15 July 27 July 8, 15 June 29 August 10 July 22, 29 July 13 August 24 August 5, 12 August 3 September 14 August 26, September 2 August 17 September 28 September 9, 16 August 31 October 12 September 23, 30 September 14 October 26 October 7, 14 September 28 November 9 October 21, 28 November 2 December 14 November 25, December 2 *Planning Board meets the 2nd and 4th Wednesdays of each month unless noted due to Town Meeting or a Holiday. Returning Proxy Votes Before Town Meeting  If the Planning Board approves the plan, the Select Board will then send out proxy voting forms to all abutters, noting scope and cost changes (if any).  Please not that should the Planning Board decide to continue the hearing, the window to return proxy votes will be shorter.  The proxies must be returned at least 45 days prior to the Town Meeting at which they are to be considered.  If more than 50% of the proxy votes are returned within this timeframe indicating support for the project, the Select Board will place the article on the next available Town Meeting Warrant. Financing  Long-term financing may be issued by the Town for up to fifteen-years (see example below).  Residents can choose to finance their share of the assessment in 1, 5, 10, or 15 year increments. Bid and Project Completion  If Town Meeting votes to endorse and finance the project, the engineer who did the original plan must prepare a new invitation to bid, with the bids to be directed to the Town Administrator.  The engineer and the Town Administrator will award the bid to the contractor who provides the lowest cost quotation and demonstrates that they are responsible and responsive, consistent with state procurement requirements.  The engineer will provide the Superintendent of Public Works with regular updates throughout each phase of the project.  Once the repairs are completed, the road remains a private way. Next Steps  If, after reviewing this process, you and your neighbors remain interested in pursuing a private road betterment, please contact Conor Kenny in the Town Administrator’s Office at ckenny@brewster-ma.gov to arrange an introductory meeting. We also ask that you identify a primary contact to communicate with the Town of Brewster throughout the process. NORTH POND DRIVE- ROAD BETTERMENT BETTERMENT APPORTIONMENT 15 YEAR EXAMPLE TOTAL BETTERMENT ASSESSMENT:10,561.00$ 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR 5TH YEAR APPORTIONMENT BALANCE 10,561.00$ 9,856.93$ 9,152.87$ 8,448.80$ 7,744.73$ YEARLY APPORTIONMENT 704.07$ 704.07$ 704.07$ 704.07$ 704.07$ YEARLY COMMITTED INTEREST (5%)528.05$ 492.85$ 457.64$ 422.44$ 387.24$ PAYMENT PER FISCAL YEAR 1,232.12$ 1,196.91$ 1,161.71$ 1,126.51$ 1,091.30$ 6TH YEAR 7TH YEAR 8TH YEAR 9TH YEAR 10TH YEAR APPORTIONMENT BALANCE 7,040.67$ 6,336.60$ 5,632.53$ 4,928.47$ 4,224.40$ YEARLY APPORTIONMENT 704.07$ 704.07$ 704.07$ 704.07$ 704.07$ YEARLY COMMITTED INTEREST (5%)352.03$ 316.83$ 281.63$ 246.42$ 211.22$ PAYMENT PER FISCAL YEAR 1,056.10$ 1,020.90$ 985.69$ 950.49$ 915.29$ 11TH YEAR 12TH YEAR 13TH YEAR 14TH YEAR 15TH YEAR APPORTIONMENT BALANCE 3,520.33$ 2,816.27$ 2,112.20$ 1,408.13$ 704.07$ YEARLY APPORTIONMENT 704.07$ 704.07$ 704.07$ 704.07$ 704.07$ YEARLY COMMITTED INTEREST (5%)176.02$ 140.81$ 105.61$ 70.41$ 35.20$ PAYMENT PER FISCAL YEAR 880.08$ 844.88$ 809.68$ 774.47$ 739.27$ 4.00$ RELEASE FEE 743.27$ **EXAMPLE** 15 YEARS APPORTIONMENT TOTAL COST OF BETTERMENT APPORTIONED 15 YRS $14,789.40 + COST OF RELEASING LIEN AT REGISTRY OF DEEDS Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 GENERAL BYLAW/Private Road Betterment § 157-20 Repair by Town. A. In the event that a group of property owners who own property on a private road which has been open for public use for at least five years wish the Town of Brewster to finance the repair of their private way, they shall engage an engineer experienced in road construction and repair who shall survey the road in question to develop a plan for the repair of that private road which shall take into consideration the need for additional drainage, new berms, driveway aprons to protect the edges of the repaired road, the filling of existing cracks and the application of one or more layers of bituminous concrete. B. The plan shall specify the projected useful life of the repaired private way, and in no event shall the projected useful life be less than 15 years. All costs of preparing the plan, obtaining cost estimates and preparing the petition described below shall be the exclusive responsibility of the petitioners. C. After the plan has been prepared, the property owners' engineer shall secure at least three bids from established contractors to complete the work outlined in the engineer's plan. After receipt of the bids, the property owners shall prepare a petition to the Select Board for the Town of Brewster to finance the work in an amount certain, including a ten-percent contingency amount. The petition shall list the parcels by lot number and map number together with the owners' names of record with a space for each owner to place his or her signature. The petition must state that each signature represents an irrevocable agreement by each signatory to repay to the Town of Brewster, through the mechanism of a betterment added to each owner's real estate tax bill, his or her pro-rata share of the total amount to be financed plus interest and administrative costs, which Town administrative costs shall not exceed 4% of the project. The petition shall not be presented to the Selectmen unless 50% of all the abutters to the road plus one more abutter shall have agreed to the project and its financial commitment by having signed it. D. The petition, accompanied by the engineer's plan, a map of the private way to be repaired and backup for the cost estimates shall be submitted to the Selectmen's Office. The Selectmen shall refer every such petition to the Assessor's Office for verification of signatures and confirmation that more than 50% of abutters have signed. The Selectmen shall consider all submitted petitions that pass the Assessor's examination. If the Selectmen determine that the proposed repairs are in the public Office of: Select Board Town Administrator interest and if the Selectmen determine that these repairs are within the financial capability of the Town, the Select Board shall refer each petition so determined to the Planning Board which shall conduct a public hearing on each petition to evaluate the plan, examine the cost estimates and hear from both the abutters and the general public. The Planning Board shall either endorse the plan by a simple majority vote and return it to the Selectmen, recommend changes in costs or scope of the plan or disapprove the plan by a simple majority vote. E. If the Planning Board approves any such plan, the Select Board may place the plan on the warrant for any special or annual Town Meeting. The Select Board shall thereafter send out proxies to the abutters noting scope and cost changes, if any. The proxies must be returned at least 45 days prior to the Town Meeting at which they are to be considered. If the proxies are returned within such time, the Selectmen may place the project on the Town Meeting Warrant, provided that more than 50% of the abutters approve the plan as approved by the Planning Board. Long-term financing may be issued for said project by the Town for up to a fifteen-year period. F. If the Town Meeting votes to endorse and finance the project, the engineer who did the original plan shall be named "Project Manager." He shall prepare a new request for quotations with the bids to be directed to the Town Administrator. The Project Manager and the Town Administrator shall select the best bid to do the work. The Project Manager shall advise the Superintendent of Public Works 48 hours in advance of each phase of the project and certify, in writing, to the Superintendent of Public Works that each phase of the work has been completed to the Project Manager's satisfaction. The Superintendent of Public Works shall inspect the completed work and certify to the Town Accountant that the work is completed so that payment can be made. G. For a group of private roads within a subdivision, the same procedure shall be used for any petition filed on or after July 1, 2019, provided that a majority of the owners of the lots abutting the group of private ways to be repaired signs the petition required by Subsection B above. Where a lot has frontage on, and derives access from, more than one group of roads, the owner of such lot shall be entitled to only one vote. Owners of lots that are assessed as unbuildable and lots that may not be built upon pursuant to a deed restriction, conservation restriction or other recorded instrument shall not be entitled to vote, and such lots shall not be subject to betterment assessments hereunder. H. The Town of Brewster shall incur no liability for any damages of any nature whatsoever arising from the project by virtue of the Town's agreeing to finance any repair of a private subdivision way. The abutters who accept Town financing shall be deemed to have indemnified and held the Town harmless against any and all such claims. I. Any private way improved under the provisions of this bylaw need not be brought up to full Town road standards. Any private way improved under the provisions of this bylaw shall continue to remain a private way. 5 July 2022 Town of Brewster Select Board Brewster Town Hall 2198 Main Street Brewster, MA 02631 To the Select Board, The Town of Brewster Bikeways Committee voted on 29 March 2022 to recommend changing the committee’s name, charter, and mission to include pedestrian matters. Since the Select Board originally formed the bikeways committee in 1975, much has changed in the Town of Brewster. The Cape Cod Rail Trail was completed in 1978 and is used by cyclists, walkers, runners, skate boarders and other non-vehicular modes of people transportation. The addition of sidewalks on Main Street, along with the then Chief of Police’s bike-friendly decision to allow cyclists to use sidewalks, resulted in mixed-use avenues for cycling and pedestrian use. Future and pending road improvement projects in the town will further expand the multi-use of new sidewalks and trail infrastructure; however, currently the Select Board receives input and advice from our committee only on cycling matters. Other towns and cities including: Falmouth, Sandwich, Truro, Wellfleet, Machester-by-the-Sea, and Holyoke have combined cycling and pedestrian advisory committees. Barnstable County and The Massachusetts Department of Transportation both link bicycle and pedestrian initiatives jointly. The Town of Brewster Select Board’s Complete Street Policy #61 approved on 6 Jan 2020, mentions pedestrian and bicycles, but there is no advisory committee to the select board on pedestrian matters. Changing the name of the Bikeways Committee and it’s charter by including pedestrian matters would fix that oversight and better align the committee with current bicycle and pedestrian trends across the Commonwealth. The committee recommends that the committee’s name be changed to the Town of Brewster Bicycle and Pedestrian Committee. The committee further recommends that the Select Board charge the committee with advising it on all non-vehicular modes of people transportation in the Town of Brewster. If approved, the committee’s revised mission would be: The Town of Brewster Bicycle and Pedestrian Committee advises the Town of Brewster Select Board on all non-vehicular modes of people transportation in order to make bicycling and walking: safer and more enjoyable, inclusive, equitable, and accessible throughout the Town of Brewster. Additionally, the Select Board approved bikeways strategy will need to be updated. Attached is an information briefing that the committee used to make this recommendation. We request that the Select Board approve this recommendation. Sincerely, Joseph Sullivan Chair, Town of Brewster Bikeways Commitee Town of Brewster Bikeways Committee NAME, MISSION, AND GOALS –ANALYSIS 9 FEB 2022 Current Name and Charter u Town of Brewster Bikeway Committee u Brewster Code –Chapter A296 Committees, Boards, and Councils u Bikeway Committee was formed and appointed by the Board of Selectmen in 1975 u No authorities listed Select Board recent Updated Policy u Policy updated during 18 Oct and 1 Nov 2021 meetings u Select Board is the appointing authority u Bikeways Committee acts in an advisory capacity to the Select Board with no authority to bind the Select Board u Revised appointment process –Select Board Liaison works with committee chair reviewing applicants –town employees and non-Brewster voters are eligible for “certain” ad hoc and advisory committees Bikeways Committee page on town website u The Committee is charged to make recommendations to promote safe and enjoyable bicycling in the town of Brewster and to encourage the use of bicycles for recreation, commuting, and as an alternative means of transportation within the town and neighboring towns on the lower cape. u The Committee will report to the Board of Selectmen on all bicycling related matters and shall make recommendations for future action. Pathways Committee-website u The Brewster Pathway’s Committee has the responsibility of completing the Brewster portion of a Barnstable wide pathway that will eventually provide a walking trail from the canal to Ptown. What’s missing? u No committee to advise the Select Board on pedestrian walkways and paths u Skateboards, electric bikes, motorized wheel chairs, roller skating, walkers with strollers and dog walkers u All non-vehicular means of people transportation Commonwealth, counties, cities, towns u Commonwealth –MassDOT’s Office of Transportation manages long- range bicycle and pedestrian planning, along with outreach and education u 20 May 2021 Bicycle and Pedestrian Update: MassDOT is committed to making walking and biking a safe, comfortable, and convenient option for everyday trips. u MassDOT has two plans: Bicycle Transportation Plan https://www.mass.gov/service-details/bicycle-plan u and Pedestrian Transportation Plan https://www.mass.gov/service- details/pedestrian-plan Barnstable County u Cape Cod Commission –The transportation department conducts transportation planning studies and other initiatives in the areas of transportation safety, roadway and traffic conditions, congestion management, bicycle and pedestrian planning, transit planning, and transportation resilience planning. u Cape Cod Joint Transportation Committee (CCJTC) Brewster DPW has a seat, plus one rotating rep with bicycle knowledge Cities and Towns how do they organize? u Town of Sandwich Bikeway and Pedestrian Committee u Town of Falmouth Bicycle and Pedestrian Committee u Town of Orleans Bike and Pedestrian Committee u Town of Truro Bike and Walkways Committee u Town of Wellfleet Bike and Walkways Committee u City of Holyoke BikePed Committee u Manchester-By-The-Sea Bicycle/Pedestrian Committee (9 members) Town of Manchester-by-the-Sea Bicycle and Pedestrian Committee Mission u The mission of the Committee is to make bicycling and walking, as non-motorized forms of transportation, safer and more accessible throughout the Town of Manchester-by-the-Sea. Recommendations u Rename Bikeways Committee to the Town of Brewster Bicycle and Pedestrian Committee u Revise mission statement to include all non-vehicular people transportation u Increase membership by two members from 7 to 9 –include one non- Brewster voter position and one town employee position u Revise Brewster Biking Strategy Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Bay Property Planning Committee Charge DATE: July 8, 2022 When the Select Board approved the original charge for the Bay Property Planning Committee in December 2021, we included the following language in the committee’s purpose: “If recommended (future) uses include construction of a community center and/or Town offices, evaluate alternative uses of Council on Aging site, Town Hall, and/or Eddy (Elementary) School”. In working with Reed Hilderbrand to develop the project brief and scope of work for comprehensive planning consulting services, it became clear that exploring alternatives for these other Town properties and facilities would be best taken up in future planning phases once the comprehensive plan for the Bay property is completed. While the committee certainly needs to account for potential impacts on other Town properties in assessing future use scenarios of the Bay property, especially if there is consensus support to site a community center at this location, those processes and related decisions will likely be sufficiently complex without further expanding the committee’s scope to also include evaluation of multiple additional properties, each with their own range of reuse options. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM RE: Sea Camps Planning Committees DATE: December 20, 2021; Revised January 10, 2022 At their December 20, 2021 meeting, the Select Board unanimously approved the following charges for the two new planning committees tasked with developing Comprehensive Plans for the former Cape Cod Sea Camps properties. At the January 10th, 2022 Select Board meeting, the charge was updated to include a member of the Water Commission as a voting member instead of a liaison. Bay Property Planning Committee (BPPC) 1. Purpose: a. Identify existing conditions of the former Cape Cod Sea Camps Bay property b. Evaluate potential low-cost, short-term public access opportunities c. Develop and propose interim public access plan d. Develop and implement a public engagement strategy to ensure broad community input e. Determine priority long-term uses appropriate for the Bay property, taking the adjacent Spruce Hill property into consideration f. Identify and evaluate potential partner organizations with shared interests and values, particularly MA Audubon and YMCA Cape Cod g. Propose recommended long-term uses and partnerships h. If recommended long-term uses include construction of a community center and/or Town offices, evaluate alternative uses of Council on Aging site, Town Hall, and Eddy School as appropriate i. Develop an implementation plan for the proposed uses 2. Strategies: a. Actively engage the public and stakeholders b. Provide residents with regular updates regarding progress and milestones c. Consider a range of interests, needs, ages, and abilities d. Collaborate with design professionals to develop and present a comprehensive plan to the Select Board and Town Meeting Office of: Select Board Town Administrator i. Consider Brewster’s key strategic planning documents (Vision Plan, Open Space and Recreation Plan, Coastal Resource Management Plan, Housing Production Plan, and others) ii. Incorporate maintenance, safety, and legal requirements iii. Identify estimated one-time project costs, ongoing operating expenses, funding sources, and timelines, incorporating prudent financial practices and exploring opportunities for revenue generation 3. Composition: Eleven (11) total members, including: a. Two (2) representatives from Select Board (Select Board Chair shall not be eligible) b. One (1) representative from each of the following committees: Vision Planning Committee; Natural Resources Commission; Recreation Commission c. Six (6) at-large members (may be part-time residents) d. Term: One (1) year, subject to annual reappointment; first term through June 30, 2023 e. Officers: Committee shall initially and annually thereafter elect a Chair, Vice Chair, and Clerk; Chair position shall not be held by a Select Board member; Chair and Vice Chair will meet on quarterly basis with their counterparts on PPPC to ensure coordination f. Liaisons (non-voting): Finance Committee; Open Space Committee; Council on Aging; Affordable Housing Trust; Cultural Council g. Representatives (non-voting): MA Audubon, YMCA Cape Cod, and Brewster Conservation Trust; other organizations such as Trustees of Reservations, etc may be included as needed h. Lead Town Staff Support: Town Administrator; other Department Heads as needed 4. Appointment Process: a. Notice soliciting letters of interest and completed applications from residents will be posted on Town website – due January 21, 2022 b. Residents seeking to serve as at-large members will be asked to complete new Board/Committee application form c. Members of representative committees will be asked to submit letters of interest d. Select Board members appointed to serve on BPPC will individually vet all applicants (at-large and representative members) and then make their recommendations to the full Board in February e. Select Board are anticipated to make all appointments by the end of February f. Committees and outside organizations may identify their own liaisons/representatives 5. Selection Criteria: In addition to the criteria outlined in the Select Board’s recently revised Board & Committee Appointment Policy, Select Board members will also take into account the following criteria in selecting members to serve on this committee: a. Record of effective teamwork ability; able to collaborate well with others to achieve common goals b. Experience in community planning, municipal activities, project management, equity and inclusion, conservation/environment, park management, sustainability, historic preservation, recreation, public finance, (landscape) architecture, youth services, human services, engineering, community housing, and/or law c. Excellent written and verbal communication skills d. Previous volunteer service e. Sufficient time to actively participate in meetings and take on tasks outside of meetings Pond Property Planning Committee (PPPC) 1. Purpose: a. Identify existing conditions of the former Cape Cod Sea Camps Pond property b. Evaluate potential low-cost, short-term public access opportunities c. Develop and propose interim public access pan d. Develop and implement a public engagement strategy to ensure broad community input e. Determine priority long-term uses appropriate for the Pond property, taking the adjacent Long Pond Woodlands (Robinson) property into consideration f. Identify and evaluate potential partner organizations with shared interests and values, particularly MA Audubon and Brewster Conservation Trust g. Propose recommended long-term uses and partnerships h. Develop an implementation plan for the proposed uses 2. Strategies: a. Actively engage the public and stakeholders b. Provide residents with regular updates regarding progress and milestones c. Consider a range of interests, needs, ages, and abilities d. Collaborate with design professionals to develop and present a comprehensive plan to the Select Board and Town Meeting Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Update to American Rescue Act Funds Spending Plan DATE: July 8, 2022 The Select Board approved our proposed ARPA spending plan in April accounting for $1M of our $1.023M allocation. We are proposing to use the remaining balance of these funds as follows: $5k for FY21 single audit as required for all communities that spend more than $750k in federal funds in any given fiscal year (unbudgeted for FY22 since we did not anticipate CARES, ARPA, etc) $10k for Building & Health Dept overtime expenses related to launch of electronic permitting this summer (Select Board FY22-23 Strategic Plan Goal LE- 1) The Town received our 2nd (and final) tranche of $511k from the US Treasury earlier this week. At the end of FY23 Q1, we will provide an update on actual expenditures for all ARPA funded projects and will adjust our plan going forward accordingly. We still plan to seek County approvals to use our initial $495k ARPA allocation from Barnstable County to help cover one-time expenses associated with Phase I implementation of the Drummer Boy Park Master Plan project. We are working with our engineering team to develop preliminary design plans for both the Wing Island boardwalk and stormwater, parking, and pedestrian access improvements at Drummer Boy identified in the Master Plan update that was approved by Town Meeting last fall. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Proposed American Rescue Act Funds Spending Plan DATE: April 20, 2022 Following up on our earlier discussions regarding expenditure of Brewster’s American Rescue Plan Act funds, we are proposing the following spending plan for the $1.023M directly allocated to the Town in 2021: $275k for one-time premium pay for eligible public sector front-line employees (see details in accompanying memo) $150k for public health expenditures related to the pandemic, including partial funding for new part-time public health nurse (FY23-24) $150k for resident beach access at the Sea Camps Bay property (design, permitting, construction, and operations) $250k for site remediation at the Sea Camps based on Phase II report findings $125k for Long Pond boat ramp $25k for Crosby Property Revolving Fund revenue loss $25k for partial funding of new seasonal Natural Resource positions (FY23-24) These proposed expenditures total $1M. We will revisit the $20+k remaining balance as these projects near completion. As a reminder, the US Treasury Final Rule issued in January 2022 greatly expanded the allowable use of these funds to offset revenue losses up to $10M for “any service traditionally provided by government”. In addition, Barnstable County received $41.3M in ARPA funds. On a per capita basis, Brewster’s share of those funds is $1.9M. Following their outreach campaign this winter, the County appears poised to convey $10M to the Towns in the near future. We expect to receive approximately $450k from this initial County disbursement. We are proposing to allocate all of those funds for Phase I Drummer Boy Park improvements, currently estimated to cost $750k. This work is being coordinated with the planned Wing Island elevated boardwalk project and these funds will provide critical financial support to help move this phase of the project forward on schedule in 2023. There is no timetable for decisions regarding future allocation of the remaining balance. If Brewster were to be awarded any supplemental funds through the County, we will provide additional recommendations at that time. Office of: Select Board Town Administrator 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 & Donna Kalinick, Assistant Town Administrator RE: Upcoming Schedule & Format for Town Committee Meetings DATE: July 8, 2022 As of today, the Senate approved state provisions to allow for the continuance of remote and hybrid meetings through December 15, 2023. The House voted a modified version of those provisions which would extend the option to hold remote meetings to March 31, 2023. However, on the House floor, an amendment was adopted via voice vote to mandate remote access and remote participation at all public meetings, including all local boards and commissions, beginning on April 1, 2023. No funding or local discretion was included in the measure. With two different but related versions of legislation now approved, a conference committee will have to develop a final bill for approval. While we believe that an extension of these provisions will be enacted in some form, we do not know if a compromise will be achieved by July 15th. In June, the Board adopted the following approach to holding meetings for the first two weeks of July: Committees can continue to meet virtually or in a hybrid format. Public participation continues to be by remote means only. For this reason, all in- person meetings continue to be televised. The Town Administrator’s office continues to manage scheduling these meetings. Committees have the option to meet in person, without any restrictions on the number of committee members and support staff. We then planned to transition to the following format, effective July 18 if the state legislature did not act by the July 15 deadline: Committees can continue to meet in a hybrid format but a majority of the committee, including the Chair (or Vice Chair if the Chair is remote) must be physically present. Fully remote committee participation will no longer be permitted. Office of: Select Board Town Administrator Public participation will be allowed to be in-person, but remote participation will continue to be an option for residents to the greatest extent possible. All committee meetings will continue to be livestreamed/broadcast. Our caveat, at the time, was that if the state approved expanded remote participation prior to July 15th, we might then revisit the timing of when this new approach would be implemented. Given the current uncertainty over when the state will pass legislation and what it will include, we recommend that the Board move forward with our initial plan for mainly in- person meetings starting July 18 unless the state acts before that date, as follows: Committees can continue to meet in a hybrid format but a majority of the committee, including the Chair (or Vice Chair if the Chair is remote) must be physically present. Fully remote committee participation will no longer be permitted. Public participation will be allowed to be in-person, but remote participation will continue to be an option for residents to the greatest extent possible. All committee meetings will continue to be livestreamed/broadcast. When the state enacts provisions to continue virtual meetings, we will revert back to our current format through (at least) the end of August, as follows: Committees can meet virtually or in a hybrid format. Public participation will be by remote means only. For this reason, all in-person meetings continue to be televised. The Town Administrator’s office continues to manage scheduling these meetings. Committees will have the option to meet in person, without any restrictions on the number of committee members and support staff. At the same time, we recommend that we seek feedback from our boards and committees about the revised remote participation policy the Board approved last month and when in-person public participation will commence. We hope that the State will enact an extension before July 15th. It has been very challenging to manage not knowing what is going to happen and when, particularly for regulatory committees that have to provide public notice and abutter notification weeks ahead of agenda postings. 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 & Donna Kalinick, Assistant Town Administrator RE: Upcoming Schedule & Format for Town Committee Meetings DATE: June 10, 2022 Current state provisions allow for the continuance of remote and hybrid meetings through July 15, 2022. The Senate included language in their version of the proposed FY23 state budget to extend the current expanded remote participation provisions through December 2023. The House version of the budget did not include any such Open Meeting Law provisions. The state budget is now in conference committee and indications are that an extension will likely be included in the final version of the budget that is sent to Governor Baker. However, that process will probably not be completed until shortly before the July 15 deadline. In the meantime, we need to make plans for our July meeting schedule and format now. Earlier this spring, the Board adopted the following revised meeting format for the months of April, May, and (ultimately) June: Committees have the option to meet in person, without any restrictions on the number of committee members and support staff. Committees can also continue to meet virtually or in a hybrid format. Public participation continues to be by remote means only. For this reason, all in- person meetings continue to be televised. The Town Administrator’s office continues to manage scheduling these meetings. Given this choice, the majority of committees and boards have opted to stay virtual or hybrid over the past three months. Committees were given the option to host community forums in person if desired starting in June – none have been held or are scheduled to date. Our local COVID case totals peaked at 50+/week last month but have been slowly decreasing over the past several weeks. Given this data and the uncertainty over what will happen at the state level and when it will occur, we are recommending that we continue with the same approach for the first two weeks of July but then transition to the following format effective July 18: Committees can continue to meet in a hybrid format but a majority of the committee, including the Chair (or Vice Chair if the Chair is remote) must be Office of: Select Board Town Administrator physically present. Fully remote committee participation will no longer be permitted. Public participation will be allowed to be in-person but remote participation will continue to be an option for residents to the greatest extent possible. All committee meetings will continue to be livestreamed/broadcast. More details are included in the revised Select Board policies on remote participation and town government access channel. If the state approves expanded remote participation next month, we may revisit the timing of when this new approach is implemented and any interim adjustments to our approach over the past three months if we plan to keep some version of it in place going forward. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Policy no. 45 Date adopted:12/16/13 Amended: 06/10/22 REMOTE PARTICIPATION POLICY Minimum Requirements for Remote Participation (a) Members of a public body who participate remotely and all persons present at the meeting location shall be clearly audible to each other; (b) A quorum of the body, including the chair or, in the chair's absence, the person authorized to chair the meeting, shall be physically present at the meeting location, as required by M.G.L. c. 30A, sec 20(d); (c) Members of public bodies who participate remotely may vote and shall not be deemed absent for the purposes of M.G.L. c. 39, sec. 23D. The All Citizens Access Committee shall be exempt from these provisions. Since Brewster has adopted the provisions of 940 CMR 29.10(2), a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), if the chair or, in the chair's absence, the person chairing the meeting, determines that the member's physical attendance would be unreasonably difficult. The chair shall be responsible for ensuring that a quorum is physically present at the meeting location. Members should not select a chair that regularly expects to participate remotely. Frequency of Remote Participation (a) Individual members of any public body shall be permitted to participate remotely in meetings but must be physically present for at least 50% of meetings of that public body in a given fiscal year . Members of regulatory boards (Planning Zoning Board of Appeals, Board of Health, Conservation Commission, Historic District Committee, and Select Board) must be physically present for at least 75% of meetings of that public body in a given fiscal year. (b) The Town will strive to provide opportunities for both in -person and remote participation at Board and Committee meetings to the greatest extent practicable. (c) All board and committee meetings will be broadcast on BGTV Channel 18 and/or livestreamed on th e Town website to the greatest extent practicable. Technology (a) Remote participants shall use video conferencing media (ie. Zoom). (b) When video technology is in use, the remote participant shall be clearly visible to all persons present in the meeting location. (c) The chair or, in the chair's absence, the person chairing the meeting, may decide how to address technical difficulties that arise as a result of utilizing remote participation, but is encouraged, wherever possible, to suspend discuss ion while reasonable efforts are made to correct any problem that interferes with a remote participant's ability to hear or be heard clearly by all persons present at the meeting location. If technical difficulties result in a remote participant being disconnected from the meeting, that fact and the time at which the disconnection occurred shall be noted in the meeting minutes. Procedures for Remote Participation (a) Any member of a public body who wishes to participate remotely shall, as soon as reasonably possible prior to a meeting, notify the chair or, in the chair's absence, the person chairing the meeting, of his or her desire to do so and the reason for and facts supporting his or her request. (b) At the start of the meeting, the chair shall announce the name of any member who will be participating remotely. This information shall also be recorded in the meeting minutes. (c) All votes taken during any meeting in which a member participates remotely shall be by roll call vote. (d) A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and/or able to hear the discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body. (e) When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meet ing. If used during the meeting, such documents shall be part of the official record of the meeting, and shall be listed in the meeting minutes and retained in accordance with M.G.L. c. 30A, sec. 22. Approved by the Brewster Select Board on _______________________ ___________________________ ___________________________ David Whitney, Chair Ned Chatelain, Vice Chair ___________________________ ___________________________ Kari Hoffmann, Clerk Mary Chaffee ___________________________ Cindy Bingham 1 Conor Kenny From:Massachusetts Municipal Association <alerts@mma.org> Sent:Thursday, July 7, 2022 5:23 PM To:Peter Lombardi Subject:MMA Alert: House Passes Remote Meeting Extension, Mandates All Municipal Meetings be Held in Hybrid House Passes Remote Meeting Extension Legislation to Mandate All Municipal Meetings be Held in Hybrid Format Beginning on April 1, 2023 Please Call Your Legislators to Discuss What This Could Mean for Your Community July 7, 2022 This afternoon, the House passed its own version of a bill to extend the option to hold public meetings virtually, a key flexibility that has been in place since 2020, but is set to expire on July 15th. The House bill would extend the option to hold remote meetings to March 31, 2023. However, on the House floor, an amendment was adopted via voice vote to mandate remote access and remote participation at all public meetings, including all local boards and commissions, beginning on April 1, 2023. No funding or local discretion is included in the measure. Every city and town in the Commonwealth has dozens of councils, boards, and commissions, which hold numerous public meetings a year. The final House bill would impact thousands of local public bodies. The costs of technology, equipment, staff and necessary space to run all of these public meetings - many of which occur at the same time - in a hybrid fashion is simply untenable. Back in May, a remote meeting extension was included in the final FY23 Senate Budget as an outside section, but this language was advanced as a standalone bill earlier this week with the July 15th expiration rapidly approaching and the final budget still tied up in negotiations. On Tuesday, the Senate passed its bill, which is a simple extension of the remote meeting allowances that began two years ago as a response to challenges from COVID-19. The Senate bill would extend these authorizations through Dec. 15, 2023. 2 Earlier today, the House released its own version of the bill, with additional language related to notaries and real estate transactions, while only extending the current remote meeting allowances through March 31, 2023. The amendment that was later included would create a permanent mandate for remote access to all public meetings aside from those in executive session, with a provision requiring remote participation by the public if public participation is allowed or required at the meeting. This would go into effect on April 1, 2023. The MMA has continued to push for the extension of remote options for municipalities in order to ensure continuity of operations as COVID-19 lingers and surges in the community, while allowing municipalities to have flexibility in what, when, and which remote options make sense. MMA has testified and communicated to the Legislature our serious concerns about the cost and practicality of mandating hybrid meetings, as the technology and staffing requirements would be prohibitive and extremely burdensome for the overwhelming majority of cities and towns. Remote meeting access has brought a new level of participation and engagement with local government. Municipalities have been dedicated to continuing this access and MMA recognizes the intent and goal of virtual access and participation by the public, yet the path to achieving the House’s goal is steep and complex. An expansive and expensive mandate at this time is not realistic and would undermine the thoughtful work by municipalities to propel this essential work forward. PLEASE CALL YOUR LEGISLATORS TODAY and share whether or not your community is in a position to implement this new mandate, including concerns about the feasibility, practicality and expenses that would be involved. It is important for your Senators and Representatives to hear from you, so that they know what the impact would be back home. If you have any questions regarding this issue, please contact MMA Legislative Director Dave Koffman at dkoffman@mma.org or Legislative Analyst Ali DiMatteo at adimatteo@mma.org. Thank you! Massachusetts Municipal Association 3 Center Plaza Suite 610 Boston, MA 02108 (617) 426-7272 | Email Us | View our website Unsubscribe from MMA Legislative Alert Emails Select Board Meeting 7.11.22 1 Agenda Item #23- For Your Information (FYIs) 1.Town of Brewster’s Roy T. Morgan Award from the Latham Centers 2.Brewster Water Department 2021 Annual Water Quality Report 3.Cape Cod Technical High School Assessment 4.Friends of Brewster Elders Newsletter 5.May 2022 Housing Coordinator Update 6.Human Health Services Reports a.Duffy Health Center b.Nauset Together We Can 7.Public Notice of Waterways License Application- Long Pond Town Beach Boat Ramp and Parking Improvements 8.MassPRIM Reports 9.Bennett Environmental Associates, LLC. Notice of LSP Termination- 450 Gulls Way 10.Blood Drive Flyer, Tuesday July 12 11.Eversource Electric Rate Update 12.Cape Cod Commercial Fisherman’s Alliance Study on Seals & Sharks on Cape Cod 13.Planning Board Vote to endorse the private road betterment plan for Ridgewood Drive 14.Administration Approved Licenses a.Crocker Nursery - One Day Entertainment b.Chatham Bars Inn Farm – One Day Liquor License 15.Appointments a.Crosby Property Committee - Mark Flaherty b.Zoning Board of Appeals – Patricia Metz c.Election Workers 16.Resignations a.Election Warden - Donald Curtis Taylor Jr. b.Board of Health – Jeannie Kampas May 25, 2022 Mr. Peter Lombardi, Town Administrator And Select Board Town of Brewster 2198 Main Street Brewster, MA 02631 Dear Mr. Lombardi and members of the Select Board for the Town of Brewster: Every year Latham Centers, Inc. has paused to honor those special groups and people that enhance the lives of the students and residents who call Latham home. When there has been so much uncertainty, one relationship has been a constant—Latham’s relationship with the town of Brewster. The town has embraced our community and has always been there to assist when needed. We have seen that partnership evident during this unprecedented time at every juncture. The Fire, Police, Building and Health departments and other town officials have been our partners throughout this pandemic. This year our nominating committee voted unanimously to award Latham’s highest honor, The Roy T. Morgan Award, to the Town of Brewster. We want to invite you and any other town officials to join us for our End-of-Year Celebration, where we will present the award on Thursday, June 23rd at 10:00 am. Our friends at Ocean Edge will be providing a box lunch, and our students will be performing. I hope you, members of the Select Board and other town officials will be able to join us. Best Wishes, Anne McManus President and CEO - 1 - Brewster Water Department 2021 Annual Water Quality Report Dear Customer: We are pleased to present a summary of the quality of the water provided to you during the past year. The Safe Drinking Water Act (SDWA) requires that utilities issue an annual "Consumer Confidence" report to customers in addition to other notices that may be required by law. This report details where our water comes from, what our tests show about it, and other details you should know about your drinking water. The Brewster Water Department is committed to providing you with the highest quality and most reliable water supply possible. Informed consumers are our best allies in maintaining safe drinking water. The Brewster Water Department offices are located at 165 Commerce Park Road, Brewster, MA 02631. The phone number is 508-896-5454 and the Fax number is 508-896-4517. You can find out more about the Brewster Water Department on the internet at the Town of Brewster web site, www.town.brewster.ma.us. We encourage public interest and participation in the Brewster Water Department. Water Commissioners’ meetings generally occur once a month at the Water Department Office. Meeting notices are posted at the Town Hall and are available at the Water Department office. For up-to-date meeting times and dates, please call the Department. The public is always welcome. YOU’RE WATER SOURCE The Town has five groundwater wells pumping water from the Monomoy Lens. The Monomoy Lens is one of the six groundwater lenses that make up the Cape Cod Sole Source Aquifer. Each of the well sites has large Town owned tracts of land surrounding them for water quality protection. Activity is restricted to passive recreation on Town wellfield acreage. Wells #1 & #2, located near Route 6, south of Freeman's Way, were constructed in 1971 and are about 76 feet deep. Well #3, near Route 6, north of Freeman's Way, was built in 1986 and is about 90 feet deep. Well #4, at the north edge of the Punkhorn Parklands, off Run Hill Road, was built in 1991 and is about 101 feet deep. Well 6 (the 5th well site) is in the southern Punkhorn area and construction was completed in 2013. It is approximately 121 feet deep and is currently providing water to Brewster residents. The Town treats the water for corrosion control and to remove iron and manganese. See page 5 & 6 for more about our treatment facilities. SOURCE WATER ASSESSMENT and PROTECTION (SWAP) REPORT A Source Water Assessment was completed in Brewster in 2003 by members of the Department of Environmental Protection (DEP), Drinking Water Program (DWP). A Source Water Assessment and Protection (SWAP) Report has been issued and contains an evaluation of the land uses, environmental vulnerabilities and protection measures around the wellfield areas of the Town. This report rates the susceptibility of the well sources, and gives recommendations for improvement in aquifer protection and other areas that affect groundwater quality. The susceptibility of the Town’s wells, as determined during the Assessment, is as follows: Wells # 1-3, High; Well #4 and #6 Moderate. While these assessments are serious, the reason for the determination is the lack of underground or geological formations, such as a clay layer, that would create a hydrological barrier to possible contamination. This is not a new issue for a good part of Cape Cod, due to the sand and gravel make-up of the Cape. The Town has wellhead protection regulations and a Groundwater Protection District in place to oversee land use within that District. The report cites land uses in Brewster’s Zone II areas, as “dominated with forest with smaller areas of residential use (approximately 7%) and a very small percentage of commercial and industrial land use.” There are recommendations for further action and planning in each area of the report. Some of the recommendations include land acquisition, additional monitoring, public education and outreach for source protection and storage, handling and disposal of hazardous materials. Residents can help protect our water quality by practicing good septic system maintenance and properly disposing of household hazardous waste through Brewster’s Hazardous Waste Collection Program. Contact the Brewster Health Department (508-896-3701, ext. 120) or the Brewster Water Department (508-896-5454) for information on these topics. The report is available for viewing at the Commerce Park Road Water Department offices and a copy has been placed at the Brewster Ladies Library. The Department is also placing the scanned report on the Department web page of the Town’s website, www.town.brewster.ma.us Please read this report carefully. If you have questions about this report, please call 508-896-5454 and ask for Paul Anderson, Superintendent or Alex Provos, Assistant Superintendent. The Brewster Water Department Public Water System identification number (PWS ID#) is MA4041000. The shaded area of the map indicates the zoning regulated Groundwater Protection District. - 2 - Brewster Water Quality Data Table Compiled January 5, 2022, for the reporting period of January 1st to December 31st, 2021. Key – definitions to abbreviations used below are found on page #3. Microbiological Contaminants Contaminant Collection date Highest # Positive Samples in a month MCL MCLG Possible source(s) of contamination: Violation (Y/N) Total coliform1 Monthly 2021 1 Coliform in >5% of monthly samples 0 Naturally occurring in the environment NO Lead and Copper Contaminant # Sites Sampled Unit 90th Percentile # Sites Exceed AL MCL (AL) MCLG Possible Source of Contamination Violation Y/N Lead1 Date Taken 9/12/2020 31 ppb 3.0 0 AL=15 0 Corrosion of household plumbing systems; Erosion of natural deposits. NO Copper Date Taken 9/12/2020 31 ppm 0.15 0 AL=1.3 1.3 Corrosion of household plumbing systems; Erosion of natural deposits; Leaching from wood preservatives. NO Radioactive Contaminants Contaminant Date Tested Unit MCL MCLG Level Found Range Major Sources Violation Y/N Combined Radium 7/13/2021 pCi/ L 5 pCi/L 0 ND ND Erosion of natural deposits NO Volatile Organic Contaminants Contaminant Date Tested Unit MCL MCLG Level Found Range Major Sources Violation Y/N Tetrachloro- ethylene2 3/9/2021 ppb 5 0 ND ND Leaching from vinyl lined pipes. See additional information below this table. NO Inorganic Contaminants Contaminant Date Tested Unit MCL MCLG Level Found Range Major Sources Violation Y/N Asbestos 5/5/2013 MFL 7 MFL 7 MFL <0.19 0-<0.19 Decay of asbestos cement water mains; Erosion of natural deposits NO Barium 2/27/20 ppm 2 na 0.0076 0-0.0076 Discharge of drilling wastes; discharge from metal refineries; erosion of natural deposits NO Manganese 6/19/2020 ppb 50 (SMCL ) na ND ND Erosion of natural deposits NO Nitrate 2/4/2021 ppm 10 10 1.7 ND – 1.7 Runoff from fertilizer use; Leaching from septic tanks, sewage; erosion of natural deposits. NO Nitrite 2/4/2020 ppm 1 1 0.21 ND – 0.21 Runoff from fertilizer use; Leaching from septic tanks, sewage; erosion of natural deposits. NO Disinfectants/Disinfection Byproducts Contaminant Date Tested Unit MRDL MRDLG Results3 Range Major Sources Violation Y/N Total Trihalo- methanes (TTHMs) 2/2/2021 5/4/2021 8/5/2021 11/24/2021 ppb 80 n/a 14.0 5.4-14.0 By-product of drinking water chlorination NO Haloacetic Acids (HAA5) 2/2/2021 5/4/2021 8/5/2021 11/24/2021 ppb 60 n/a 1.4 ND – 1.4 By-product of drinking water chlorination NO Chlorine (Free) Monthly 2021 pp m 4.0 4.0 0.10 0.4 – 0.10 Water additive used to control microbes n/a Unregulated Contaminants Contaminant Date Tested Unit SMCL ORSG Result or Detected Range Possible Source Violation Y/N - 3 - Sodium 2/11/2020 ppm n/a** 20 21 9.7-20 Natural sources; runoff from use as salt on roadways; by-product of treatment process Wells #1-3 Well #4 n/a Sulfate 7/30/2019 ppm 250 ---- 15 6.8–15 Natural sources n/a Bromodichlo- romethane 2/13/2020 ppb na na 3.6 0-3.6 By-product of drinking water chlorination n/a Bromoform 3/18/2021 ppb na na 1.7 0-1.7 By-product of drinking water chlorination n/a Contaminant Date Tested Unit SMCL ORSG Result or Detected Range Possible Source Violation Y/N Chlorordibro- momethane 2/13/2020 ppb na na 2.5 0-2.5 By-product of drinking water chlorination n/a Chloroform 2/13/2020 ppb n/a** n/a** 3.2 0.84-3.2 Naturally present in the environment. Also analyzed for in TTHMs n/a Volatile Contaminants Contaminant Date Tested Unit MCL MCLG Level Found Range Major Sources Violation Y/N Xylenes 3/15/2013 ppb 10 10 3.1 0-3.1 Discharge from petroleum factories; Discharge from chemical factories n/a 2014 & 2018 UCMR Unregulated Contaminant Test Results: Water-Quality Table Footnotes 1. See paragraph on this contaminant on page 4. 2. See paragraph on this contaminant on page 5. 3. This Results column represents the highest concentration upon which the system’s compliance is based, not necessarily the highest concentration found. * Data presented is from the most recent testing done in accordance with the regulations. Most of the data presented in this table is from the reporting year. We monitor for some contaminants less than once per year, under DEP reduced monitoring requirements, because concentrations for those contaminants are not expected to vary significantly from year to year. As a result, some of our data, though representative, is more than a year old. For those contaminants, the date of the last sample is shown in the table. ** Unregulated contaminants are those for which EPA has not established drinking water standards. The purpose of unregulated contaminant monitoring is to assist EPA in determining their occurrence in drinking water and whether future regulation is warranted. Water Quality Data Table and Definitions The water quality information presented in the table is from the most recent round of testing done in accordance with State and Federal regulations. All data shown is based upon tests conducted in the year 2021 unless otherwise noted in the table. The Department of Environmental Protection (DEP) has granted the Brewster Water Department reduced monitoring requirements for Synthetic Organic Contaminants (SOC) and Inorganic Contaminants (IOC) because the sources have shown not to be at risk for contamination. The last full sampling for IOC was in 2020 and SOC was in 2018. DEFINITIONS Unregulated Contaminant Date Collected Result or Range of Detected Average Detected Bromochloroacetic Acid (ppb) 3/26/18 0.44 0.27 Dibromoacetic Acid (ppb) 3/26/18 1.2 0.82 Bromide (ppb) 3/26/18 57.5 27.22 Strontium (ppb) 4/28/14 15.3-44.1 19.7 Vanadium (ppb) 4/28/14 0.067-0.80 0.50 Chromium (ppb) 4/28/14 0.29-0.39 0.34 Chromiun/Hexavalent (ppb)4/28/14 0.15-0.26 0.19 - 4 - Environmental Protection Agency Drinking Water Hotline 1-800-426-4791 Maximum Contaminant Level or MCL: The highest level of a contaminant in drinking water. MCLs are set as close to the MCLGs (see below) as feasible using the best available treatment technology. Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below, which there is no known or expected risk to health. MCLGs allow for a margin of safety. Action Level (AL) - The concentration of a contaminant that, if exceeded, triggers treatment or other requirements, which a water system must follow. Parts per million (ppm) or Milligrams per liter (mg/L) - One part per million corresponds to one minute in two years or a single penny in $10,000. Parts per billion (ppb) or Micrograms per liter (µg/L)- One part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000. PicoCuries per liter (pCi/L) - PicoCuries per liter is a measure of the radioactivity in water. Maximum Residual Disinfectant Level (MRDL) --The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. Maximum Residual Disinfectant Level Goal (MRDLG) -- The level of a drinking water disinfectant (chlorine, chloramines, chlorine dioxide) below which there is no known or expected risk to health. MRDLG's do not reflect the benefits of the use of disinfectants to control microbial contaminants. Non-Detects (ND) - Laboratory analysis indicates that the constituent is not present. MFL- Million Fibers per Liter Treatment Technique (TT) – A required process intended to reduce the level of a contaminant in drinking water. 90th Percentile: Out of every 10 homes, 9 were at or below this level. Secondary Maximum Contaminant Level (SMCL) These standards are developed to protect the aesthetic qualities of drinking water and are not health based. Massachusetts Office of Research and Standards Guideline (ORSG) This is the concentration of a chemical in drinking water, at or below, which adverse health effects are unlikely to occur after chronic (lifetime) exposure. If exceeded, it serves as an indicator of the potential need for further action. What does all this mean? This report shows our water quality and what it means. The Brewster Water Department routinely monitors for contaminants in your drinking water according to Federal and State laws. We have learned through our monitoring and testing that some contaminants have been detected. The Department takes hundreds of samples for over 100 contaminants in our drinking water. Space does not allow listing all constituents here. All regulated or unregulated contaminants with sampling requirements that do not appear in the Water Quality Data Table were reported as “below the detection limit” or non-detectable (ND). A complete listing of all sampling results is available at the Water Department Office, 165 Commerce Park Road, Brewster, MA 02631. IMPORTANT INFORMATION Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice from their health care providers. EPA/Centers for Disease Control and Prevention (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline, 1-800-426-4791. In order to ensure that tap water is safe to drink, the Department of Environmental Protection (DEP) and U.S. Environmental Protection Agency (EPA) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The Food and Drug Administration (FDA) and Massachusetts Department of Public Health (DPH) regulations establish limits for contaminants in bottled water that must provide the same protection for public health. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contamination. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline, 1-800-426-4791. - 5 - ADDITIONAL HEALTH INFORMATION Sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals, and in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include: Microbial contaminants, such as viruses and bacteria may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife. Inorganic contaminants, such as salts and metals can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, and farming. Pesticides and herbicides, may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses. Organic chemical contaminants, include synthetic and volatile organic chemicals that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems. Radioactive contaminants can be naturally occurring or be the result of oil and gas production and mining activities. Maximum Contaminant Levels: (MCL’s) are set at very stringent levels. The EPA has determined that your water IS SAFE at these levels. To understand the possible health effects described for many regulated constituents, a person would have to drink 2 liters of water every day at the MCL level for a lifetime to have a one-in-a-million chance of having the described health effect. Total Coliform detections: No maximum contaminant levels or other health standards were exceeded in any month in 2018. The Department took 435 bacteria samples in 2019 at representative locations throughout the town at regular intervals to monitor this aspect of water quality; 384 samples are required by regulation. Lead: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The Brewster Water Department is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead. Tetrachloroethylene: Detections occur where vinyl lined water mains were installed in the 1970's. Vinyl-lined, asbestos- cement pipe was used in a number of subdivisions until the compound was detected in 1979. Brewster, along with other Massachusetts towns with similar piping, flushes and monitors under a DEP approved program to deal with the problem. There are 6.3 miles of the affected pipe in Brewster’s 126 mile water distribution system. All locations have bleeders to control the level of the contaminant. The samples are taken after the last service on each street. This gives the "worst case scenario" for contaminant concentration. Most homes served by these pipes should be well below reported levels. For specific area sample results, please call the Brewster Water Department. The following locations are served by affected pipe and had detections in ranges noted in the data table, page 2: No Locations had detections. The following streets had non-detectable results: Ambergris Circle-West, Ambergris Circle-East, Damon Road, Woodstock Drive, Bog Pond Road, Bridle Path Road, Carriage Drive, Great Fields Road-from Pine Bluff Road north to end of the water main, Harmony Lane, Highridge Road, John Wings Lane, Linda Circle, Oakwood Road, Pleasant Court, Wagon Wheel Lane, Whiffletree Avenue, Wynn Way, Gages Way-North, Puritan Drive, Stonehenge Drive, Nathan’s Pasture Way. Unregulated contaminants: Those for which EPA has not established drinking water standards. The purpose of unregulated contaminant monitoring is to assist EPA in determining their occurrence in drinking water and whether future regulation is warranted. Sodium: Sodium-sensitive individuals, such as those experiencing hypertension, kidney failure, or congestive heart failure, should be aware of the sodium levels where exposures are being carefully controlled. Total Trihalomethanes (TTHM): Some people who drink water containing trihalomethanes in excess of the MCL over many years experience problems with their liver, kidneys, or central nervous systems, and may have increased risk of getting cancer. Brewster did not exceed the MCL for these contaminants. The only Volatile Organic Compound detected and reported this year is Chloroform, naturally occurring in most Cape Cod groundwaters. Haloacetic Acids(HAA5): Some people who drink water containing haloacetic acids in excess of the MCL over many years may have increased risk of getting cancer. Brewster did not exceed the MCL for these contaminants. WATER TREATMENT - 6 - Iron & Manganese Removal (oxidation and filtration) Iron and manganese are often present in groundwater at levels that can discolor the water or cause it to take on unpleasant odors or tastes. Even though the water may still be safe to drink, it is preferable that the iron and manganese be removed. The Greensand Filtration Facility is designed to remove iron and manganese pumped from Well #4, located off Run Hill Road. Treatment includes the use of sodium hypochlorite, a liquid chlorine solution, for oxidation of the minerals. This causes the iron and manganese to form tiny particles. Once this happens, the water passes through special filters consisting of material that is specifically designed to capture iron and manganese particles. Over time, filters start to clog and need to be cleaned using a high-flow backwash process. Sodium hypochlorite is also used as a disinfectant required for water filtration processes treating the finished water to a concentration of 0.2 to 0.6 ppm free chlorine. Potassium permanganate is used periodically to activate the filter media when regeneration is necessary. Corrosion Control through pH Adjustment Many drinking water sources in New England are naturally corrosive (i.e. they have a pH of less than 7.0). So, the water they supply has a tendency to corrode and dissolve the metal piping it flows through. This not only damages pipes but can also add harmful metals, such as lead and copper, to the water. For this reason it is beneficial to add chemicals that make the water neutral or slightly alkaline. This is accomplished by adding any one or a combination of several approved chemicals. The Brewster Water Department adds hydrated lime at two Lime Treatment Facilities located near Wells #1 & 2, and Well #3. Potassium hydroxide is used in place of hydrated lime at Well #4, for pH adjustment and corrosion control of this water source. Testing throughout the system has shown that this treatment has been effective at reducing the lead and copper concentrations. Unregulated Contaminants are those that don’t yet have a drinking water standard set by US Environmental Protection Agency. The purpose of monitoring for these contaminants is to help US EPA decide whether the contaminants should have a standard. American Water Works Facts Sheets are available at http://www.drinktap.org/home/water- information/water-quality/ucmr3.aspx. Sodium hypochlorite, also added to the water at these facilities, as a preventative disinfectant, during system flushing. This chemical is added at a concentration of approximately 0.6 ppm free chlorine for approximately 6 weeks each spring and fall and in the summer as needed to ensure safe drinking water. All chemicals used for treatment are approved for water treatment by one of the following organizations: National Sanitation Foundation (Now known as NSF International), or UL, both accredited by the American National Standards Institute (ANSI). The chemicals also meet performance standards established by the American Water Works Association. THIS REPORT This report was prepared using information and material supplied by The Department of Environmental Protection, National Rural Water Association and New England Water Works Association. As a regulatory requirement, much of the form, information and language are mandated. We would appreciate it if you would let us know if you found the report readable and understandable. Any helpful comments will be appreciated. We will do our best to improve what can be adjusted or modified. We are always happy to answer any questions about the Brewster Water Department and our water quality. For information, call 508-896-5454. Also visit the Town of Brewster web site at: www.town.brewster.ma.us for general and Department specific information. We’re proud of the quality of your drinking water. The water quality meets all Federal and State requirements. Should you, as a Brewster Water consumer, or someone you know have difficulties with sight or understanding English, please contact this office and we will make arrangements to have the report read or translated. OPERATIONS The Commonwealth of Massachusetts has very specific laws requiring licensed Drinking Water Supply Operators for water systems providing drinking water to the public. This certification is obtained by passing tests and meeting experience and training requirements. Operators must also complete continuing education requirements to retain this license. Brewster currently has nine staff members with varied levels of Drinking Water Supply Facilities Operator Certificates. The employees of the Brewster Water Department work diligently to provide top quality water to every consumer’s tap. We ask everyone’s help in conserving and protecting our water resources. Thank you! PROTECT YOUR DRINKING WATER FROM CROSS CONNECTIONS A cross connection occurs whenever a potable drinking water line is directly or indirectly connected to a piece of equipment or piping containing non-potable water. In the event of a backflow incident, through either backpressure or back-siphonage, an unprotected cross connection in your home could cause the water system within your home and also within the water distribution system in the street to become contaminated. The outside water tap and garden hose tend to be the most common cross connection in the home. The garden hose becomes a hazard when connected to a chemical - 7 - sprayer for weed killing and fertilizer applications. This cross connection can be easily protected by purchasing a small device known as a vacuum breaker. Vacuum breakers can be purchased at your local hardware store and are very inexpensive and easy to install. The vacuum breaker should be installed on all your outside faucets. Other potential cross connections can occur on lawn irrigation systems and fire protection systems. For more information on cross connections, please feel free to contact the Brewster Water Department. Hazardous Waste Collection 2022 The tri-town hazardous waste collection program, which also includes the towns of Harwich and Chatham, will continue for 2020. The tentative Saturday collection dates for this year are: May 14th, June 11th, July 9th, August 13th, September 10th, and October 8th. Collections are from 9 AM to 12 Noon at the Harwich Transfer Station, 209 Queen Anne Road. There is no fee for residents and taxpayers of participating towns. Thanks to the Town of Harwich and Harwich Transfer Station staff for hosting this great activity!! For more info call Barnstable County Hazardous Materials Program (508) 375-6699 2022 Summer Mandatory Voluntary Irrigation Restriction Schedule In effect until further notice Residential: Even numbered houses water on even numbered days. Odd numbered houses water on odd numbered days. Commercial, Condominium and Municipal: Assigned odd or even in writing by the Water Dept. This is not a directive to water every other day. When irrigation is needed, please follow the mandatory schedule above. Lawn irrigation is a significant part of our water demand during the summer months. Proper irrigation techniques conserve water and save you money. There are a number of easy steps to take that will help control water use. If you have an automatic lawn sprinkler system make sure it has a moisture sensor that is working to avoid unnecessary watering. Use a rain gauge or cat food can to monitor the amount of water you are applying to the lawn. A good soaking once or twice a week totaling about an inch of water should be sufficient. Adjust your watering if necessary to achieve this goal. Cut the lawn higher to promote deeper roots and to help prevent weeds. Keeping mower blades sharp limits grass blade damage which leads to disease and stress. A healthy grass needs less water!! Brewster Housing Coordinator Update May 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, 131 total requests for housing information (52) or assistance (69). Many requests were associated with the applications for Brewster Woods and Serenity Apartments at Brewster. Updated Housing Office webpage. 2.Brewster Affordable Housing Trust (BAHT) (HPP Strategy #7) Trust met & addressed items throughout update, including purchasing insurance for 212 Yankee Dr. 3.Community Housing Parcel off Millstone (Select Board Strategic Plan Goal H-3, HPP Strategy #15) The Select Board is in the process of negotiating a Land Development & Ground Lease Agreement with Preservation of Affordable Housing (POAH) & Housing Assistance Corporation (HAC). 4.Redevelop Existing Properties for Affordable Housing (HPP Strategy #6) Serenity at Brewster (55+ rental housing, 27 affordable units): Applications available for affordable units. Undertook broad outreach, including website posting and contacting all who expressed interest in the property. Participated in Zoom information session. Regulatory Agreement completed and sent to DHCD. 5. Comprehensive Permit Projects (HPP Strategy #14) Brewster Woods (30 affordable rental units): Applications available for units. Undertook broad outreach, including website posting and contacting all who expressed interest in the property. Participated in Zoom information session. Attended site visit for bus stop. Assisted with CPA grant payment process. Habitat for Humanity Red Top Road (2 affordable home ownership): Regulatory Agreement with DHCD. 6.Preservation of Housing and Related Support of Brewster Residents Regional Community Development Block Grant (CDBG) FY20 update: o Housing Rehab: 8 Brewster homes have been rehabbed or are under construction. $276,000 encumbered on these projects. o Childcare: 17 families applied, 10 approved for a total of 13 children. (Numerous applicants were over income.) Approx. $46,000 will be spent on Brewster families. Attended FY21 CDBG training & received two proposals for Housing Rehabilitation Services. 7.Subsidized Housing Inventory (SHI) (HPP Strategy #10) Completed DHCD biennial SHI update and application to place 29 new units of Brewster’s SHI. Town Meeting transferred the care, custody, and control of 212 Yankee Drive to the Housing Trust.  Met again with DHCD about communication to mortgage company re: affordable resale of 11 Sean Circle. Housing Trust received an extension from the CPC to 6.30.24 for the Preservation of SHI Homes grant. 8.Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2) Continued work with Barrett Planning on Plan update including outreach, presenting at Housing Partnership, Conservation Commission & Planning Board meetings, facilitating 2 Community Conversations, and participating in 7 focus groups on draft strategies. 9.Collaboration (HPP Strategy #9) Participated in Council on Aging sponsored Health & Wellness Fair. Attended CHAPA’s Making the Case for Housing Zoom. 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 Community Preservation, Conservation Commission, Housing Trust, Housing Partnership, Planning Board, and Town Meeting. Completed cyber security training. Also worked with: Accounting, Building, Council on Aging, Health, Planning, Town Administration, and Treasurer’s Office. NTWC Expenses and Attendance Report for YAS Programming (Youth After School) Fourth Quarter FY 2022 April 1-June 30, 2022 Total number of afternoon Sign-Ins: 251 Total number of afternoon Sign-Ins by Brewster Residents: 40 Total Expenditures for 4th Quarter:$7,704 Average Cost per afternoon: $30.69 June 23, 2022 Via Certified Mail, Return Receipt or Electronic Mail Re: Public Notice of Waterways License Application No. 22-WW01-0073-APP Long Pond Town Beach Boat Ramp & Parking Improvements 0 Long Pond Landing, Brewster, Massachusetts Dear Recipient: The Petitioner, the Town of Brewster, has filed a Chapter 91 License application with the Massachusetts Department of Environmental Protection (MassDEP) Waterways Regulation Program requesting authorization for constructing and maintaining a boat ramp with associated dredging and constructing a pile-supported docking facility at 0 Long Pond Landing in Brewster, Barnstable County, Massachusetts. The proposed boat ramp and dock are part of a larger project proposed by the Town of Brewster at this property with the goals of: • Improving boat access to Long Pond by reconstructing the existing boat ramp; • Improving safety by designing a new access road to separate beach traffic from boat ramp traffic, and constructing a pile supported dock to provide separation between boaters and swimmers; and • Improving water quality by designing stormwater management facilities to capture and treat runoff from impervious surfaces. The proposed redevelopment project is designed in accordance with the Town of Brewster’s Integrated Water Resource Management Plan to improve and restore the Town’s water resources. One goal of the Integrated Water Resources Management Plan is to identify areas, such as Long Pond access and parking, where stormwater systems can be installed to better capture and treat stormwater runoff, a major source of nutrients and pollutants, to improve surface water and groundwater quality. The Project seeks to enhance stormwater runoff capture and treatment at Long Pond, as well as improve user experience at this Town beach facility. This Ch. 91 application is submitted pursuant to M.G.L. Chapter 91, the Public Waterfront Act, and its regulations at 310 CMR 9.00. Additional project permitting includes issuance of an Order of Conditions by the Brewster Conservation Commission (MassDEP File # SE 9-1917; issued April 12, 2022), as well as an Approved Stormwater Permit (issued April 12, 2022). The Town has also received a no-Take determination from the Massachusetts Natural Heritage and Endangered Species Program (March 4, 2022, NHESP Tracking No. 18-37570); and finally, the Town seeks approval under a General Permit from the U.S. Army Corps of Engineers (pending). Public Notice Recipients June 23, 2022 Page 2 of 2 H:\Projects\2017\17090B Long Pond Boat Ramp Brewster\Permitting\Ch. 91 - WQC\2022_C.91\__For Public Notice\220623_cover letter to recipients_Ch. 91_17090B.docx Attached is a copy of the application Public Notice, which will be published in the Cape Codder on July 1, 2022. Pursuant to 310 CMR 9.13(1)(a), the Petitioner is also required to concurrently provide this notification, along with a copy of the project site plans to the appropriate municipal officials and representatives, regulatory agencies, interested parties, and abutters to the project for their review. Should you wish to comment upon this project, please do so in accordance with the instructions provided in the attached notice and reference the application number 22-WW01-0073-APP. Additional information regarding this application may be obtained by contacting Brendan Mullaney at the Waterways Regulation Program at brendan.mullaney@mass.gov or 508-946- 2707. Questions regarding this application may also be directed to Amy Ball at Horsley Witten Group, Inc. at aball@horsleywitten.com or 508-833-6600. Thank you for your interest in this project. Sincerely, Horsley Witten Group, Inc. Amy M. Ball, PWS, CWS Senior Project Manager – Senior Ecologist Attachments cc: (See attached list of recipients) Brendan Mullaney, MassDEP Waterways Peter Lombardi, Brewster Town Administrator Conor Kenny, Brewster Project Manager Chris Miller; Director of Natural Resources & Shellfish Griffin Ryder; Director of Department of Public Works List of Recipients Public Notice of Waterways License and Permit Application – No. 22-WW01-0073-APP Petition of Town of Brewster to Construct and Maintain a Boat Ramp and Pile-Supported Docking Facility and Perform Improvement Dredging in the Waters of Long Pond at 0 Long Pond Landing, Brewster, Barnstable County, MA TOWN CONTACTS Brewster Selectboard c/o Conor Kenny, Project Manager 2198 Main Street Brewster, MA 02631 Brewster Planning Board c/o Jon Idman, Town Planner 2198 Main Street Brewster, MA 02631 Brewster Conservation Commission c/o Noelle Aguiar, Conservation Administrator 1657 Main Street Brewster, MA 02631 Brewster Harbormaster c/o Chris Miller, Harbormaster 2198 Main Street Brewster, MA 02631 LANDOWNER Town of Brewster c/o Peter Lombardi – Town Administrator 2198 Main Street Brewster, MA 02631 ABUTTERS Ronald J. & Susan E. Essig 681 Wendell Road Shutesbury, MA 01072 Ralph S. & Alyce A. Vito, Trustees 114 Crowells Bog Road Trust 37 Mount Vernon Avenue Melrose, MA 02176 REGULATORY AGENCIES Coastal Zone Management Notification by email only to: Robert.Boeri@mass.gov Division of Fisheries & Wildlife Notification by email only to: Emily.Holt@mass.gov Division of Marine Fisheries (South) Notification by email only to: DMF.EnvReview-South@mass.gov U. S. Army Corps of Engineers Notification by email only to: Bettina.M.Chaisson@USACE.Army.Mil Cape Cod Commission Notification by email only to: hmcelroy@capecodcommission.org DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M. G. L. Chapter 91 Waterways License Application Number 22-WW01-0073-APP Town of Brewster NOTIFICATION DATE: July 1, 2022 Public notice is hereby given of the Waterways application by Town of Brewster to construct and maintain a boat ramp and pile-supported docking facility and perform improvement dredging at 0 Long Pond Landing in the municipality of Brewster, in and over the waters of Long Pond. The proposed project has been determined to be water- dependent. The Department will consider all written comments on this Waterways application received within thirty (30) days subsequent to the “Notification Date”. Failure of any aggrieved person or group of ten citizens or more, with at least five of the ten residents residing in the municipality(s) in which the license or permitted activity is located, to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Project plans and documents for the Waterways application are on file for public viewing electronically at: https://eeaonline.eea.state.ma.us/EEA/PublicApp/ (enter “0 Long Pond Landing” in the Search Page as the Location Address). If you need assistance, please contact brendan.mullaney@mass.gov or if you do not have access to email, please leave a voicemail at (508) 946-2707 and you will be contacted with information on alternative options. Written comments must be addressed to: Brendan Mullaney, Environmental Analyst, DEP Waterways Regulation Program, 20 Riverside Drive, Lakeville, MA 02347 or brendan.mullaney@mass.gov. MAP 61 LOT 27 114 CROWELLS BOG RD N/F SULLIVAN MAP 61 LOT 25 154 CROWELLS BOG RD N/F ESSIG N/F KANZANJIAN CRO WELLS B O G R OA D TOW N RI G HT- OF- WAY MAP 61 LOT 26 0 LONG POND LANDING N/F TOWN OF BREWSTER PROPERTY L INE PROPERTY L INEPROPE RTY LI NE P R O P E R T Y L I N E FEMA FLOOD ZONE AE ELEVATION 35 SEE SHEETS 2 AND 3 ORDINARY HIGH WATER ELEVATION 31.12 LIMIT OF CH. 91 JURISDICTION PROPOSED EDGE OF PAVEMENT PROPOSED PRECAST CONCRETE BOAT RAMP PROPOSED FLOATING KAYAK LAUNCH LONG POND BEACH MAP 61 LOT 28 23 MAMMON CARTWAY N/F CARTA MAP 61 L OT 90 CRO WELLS B O G R OA D N/F T O W N OF B RE WSTE R LONG POND H A R W I C H BR E W S T E R CROWELLSBOG ROAD SITEDATEDANIEL MACKENZIE, PLSREG. NO. 47187I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINESDIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS ANDWAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS ORWAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FORDIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARESHOWN, AND I FURTHER CERTIFY THAT THIS PLAN, AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERSOF DEEDS. Sheet: Plan by: Date: Datum: State Plane Coord. NAD 83 Plans Accompanying Petition of Town of Brewster to Construct and Maintain a Boat Ramp and Pile-Supported Docking Facility and Perform Improvement Dredging in the Waters of Long Pond at 0 Long Pond Landing, Brewster, Barnstable County, MA. of May 2022 Horsley Witten Group, Inc. 1 4 HORSLEY WITTEN GROUP, INC90 ROUTE 6ASANDWICH, MA 02360 SCALE 1" = 2000' NORTH Scale: 1" = 60' 0 60 LONG POND ORDINARY HIGH WATERELEVATION 30.12 (CH. 91 JURISDICTION LIMIT) P R O P E R T Y L I N E BEACH PROPOSED EDGE OF PAVEMENT AT-GRADE WALK 6" DIAMETER PIPE FOR SECURING DOCK (TYP. 5) PROPOSED FLOATING KAYAK LAUNCH PROPOSED PRECAST CONCRETE BOAT RAMP GANGWAY TEMPORARY FLOATING SILTATION CURTAIN TEMPORARY DEWATERING AREA EXTENT OF PROPOSED DREDGING (820 SF) 2+73 2+00 2+50 10.0' 41.0' 37.4' 0+75 0+00 0+50 31.9' 28.4' REMNANTS OF EXISTING CONCRETE BOAT RAMP (125 SF) 40.8' Scale: 1" = 10' 0 10 DATEDANIEL MACKENZIE, PLSREG. NO. 47187I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINESDIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS ANDWAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS ORWAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FORDIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARESHOWN, AND I FURTHER CERTIFY THAT THIS PLAN, AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERSOF DEEDS. Sheet: Plan by: Date: Datum: State Plane Coord. NAD 83 Plans Accompanying Petition of Town of Brewster to Construct and Maintain a Boat Ramp and Pile-Supported Docking Facility and Perform Improvement Dredging in the Waters of Long Pond at 0 Long Pond Landing, Brewster, Barnstable County, MA. of May 2022 Horsley Witten Group, Inc. 2 4 HORSLEY WITTEN GROUP, INC90 ROUTE 6ASANDWICH, MA 02360NORTH 26 27 28 29 30 31 32 33 34 35 26 27 28 29 30 31 32 33 34 35BITUMINOUS CONCRETE APPROACH DRIVE 37.4' 8" PRECAST CONCRETE BOAT RAMP PLANKS LIMIT OF CH. 91 JURISDICTION ORDINARY HIGH WATER ELEVATION 31.12 DREDGE (20 CY) EXISTING GRADE DATEDANIEL MACKENZIE, PLSREG. NO. 47187I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINESDIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS ANDWAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS ORWAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FORDIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARESHOWN, AND I FURTHER CERTIFY THAT THIS PLAN, AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERSOF DEEDS. Sheet: Plan by: Date: Datum: State Plane Coord. NAD 83 Plans Accompanying Petition of Town of Brewster to Construct and Maintain a Boat Ramp and Pile-Supported Docking Facility and Perform Improvement Dredging in the Waters of Long Pond at 0 Long Pond Landing, Brewster, Barnstable County, MA. of May 2022 Horsley Witten Group, Inc. 3 4 HORSLEY WITTEN GROUP, INC90 ROUTE 6ASANDWICH, MA 02360 2+00 2+50 2+73 8" REBAR AT LIFTING INSERT REINFORCING STEEL (REBAR) BOTH DIRECTIONS. PRECAST CONCRETE BOAT RAMP PLANK SECTION NTS NON-SKID GROOVES BOAT RAMP PROFILE Scale: 1" = 20'Scale: 1" = 2' 25 26 27 28 29 30 31 32 33 3435 25 26 27 28 29 30 31 32 33 3435LIMIT OF CH. 91JURISDICTION ORDINARY HIGH WATER ELEVATION 31.12 GANGWAY 31.9' FLOATINGDOCK KAYAK LAUNCH 6" DIAMETER PIPE FOR SECURING DOCK (TYP. 5) EXISTING GRADE DATEDANIEL MACKENZIE, PLSREG. NO. 47187I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINESDIVIDING EXISTING OWNERSHIPS, AND THE LINES OF STREETS ANDWAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS ORWAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FORDIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARESHOWN, AND I FURTHER CERTIFY THAT THIS PLAN, AS PREPARED,CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERSOF DEEDS. Sheet: Plan by: Date: Datum: State Plane Coord. NAD 83 Plans Accompanying Petition of Town of Brewster to Construct and Maintain a Boat Ramp and Pile-Supported Docking Facility and Perform Improvement Dredging in the Waters of Long Pond at 0 Long Pond Landing, Brewster, Barnstable County, MA. of May 2022 Horsley Witten Group, Inc. 4 4 HORSLEY WITTEN GROUP, INC90 ROUTE 6ASANDWICH, MA 02360 0+00 0+50 0+75 DOCK AND KAYAK LAUNCH PROFILE Scale: 1" = 20'Scale: 1" = 2' NAV $ (000)Target Allocation RangeActual Allocation % Month FY '22Calendar YTD 1 Year 3 Year 5 Year 10 YearSince InceptionGLOBAL EQUITY37,754,265 33 - 43% 39.3% 0.25 -8.38 -12.99 -7.46 11.72 9.02 10.59 6.63 CORE FIXED INCOME13,818,133 12 - 18% 14.4% -0.96 -9.63 -11.70 -8.02 1.09 2.27 3.12 6.76VALUE ADDED FIXED INCOME *6,410,323 5 - 11% 6.7% -0.68 0.42 -4.09 2.82 5.56 5.10 5.49 7.61 PRIVATE EQUITY *16,998,563 12 - 18% 17.7% -2.07 27.47 1.68 43.56 34.8828.56 23.15 16.39REAL ESTATE *9,784,093 7 - 13% 10.2% -0.39 23.73 7.19 29.23 13.66 11.50 11.57 7.24TIMBERLAND *2,833,729 1 - 7% 2.9% 0.11 7.75 1.00 10.66 5.18 5.216.08 8.06PORTFOLIO COMPLETION STRATEGIES *7,944,048 7 - 13% 8.3% -0.52 0.99 -0.63 0.99 4.08 3.82 4.78 4.31OVERLAY545,399 0.0% 0.6% 0.45 -6.70 -7.88 -6.30 6.56 4.20 4.70TOTAL CORE96,143,742 100% 100% -0.53 0.91 -6.69 3.95 11.80 9.65 9.97 9.47-0.21 0.04 -5.94 2.76 11.02 9.16 9.25 9.78TOTAL CORE BENCHMARK (using private equity) 2-0.02 -1.76 -5.96 -0.69 8.32 7.36 8.05 9.45PARTICIPANTS CASH 106,020 0.06 0.14 0.11 0.15 0.66 1.17 0.74 3.45TEACHERS' AND EMPLOYEES' CASH59,766 0.06 0.14 0.10 0.14 0.66 1.16 0.732.31 TOTAL FUND96,309,527 -0.520.91-6.673.9411.769.639.949.51PENSION 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 May 31, 2022*RATES OF RETURN (GROSS OF FEES)SUMMARY OF PLAN PERFORMANCEIMPLEMENTATION BENCHMARK (using short term private equity benchmark) 13 Tuesday, July 12th 10 am – 4 pm Northside United Methodist Church 701 Airline Rd Brewster Amazon Gift Card for all donors!! *******Appointments are required. To make an appointment, please visit our website listed below. Archive d: Wednesday, July 6, 2022 9:54:19 AM From: Goldstein, Ronit Se nt: Thu, 30 Jun 2022 15:16:42 +0000ARC To: Amy Handel; Conor Kenny; Donna Kalinick; Erika Mawn; Griffin Ryder; Heath Eldredge; James Jones; Kevin Varley; Peter Lombardi; Robert Moran; Susan Broderick Subje ct: MA Electric Rate Update Se ns itivity: Normal Good morning,\u8239 To help you plan ahead, I want to make you aware of\u8239 two rate adjustments that will be implemented on July 1, 2022.\u8239 \u8239 Beginning July 1, Eversource customer bills will reflect an increase in the Delivery charge. This charge adjusts annually and covers costs associatedwith building and maintaining a reliable electric system and energy efficiency programs and services. Also, on July 1, customers that receive Basic Service from Eversource will see the seasonal adjustment to their bill. As a regulated utility, wepurchase electricity from wholesale suppliers on behalf of our customers who have signed up for Basic Service. We pass this cost to customers withno profit added. Per state regulation, this price changes twice annually for residential customers on July 1 and Jan. 1., and quarterly for commercialand industrial customers. It is important to note that customers use 40% more energy during the summer months as air conditioners and other cooling systems are utilized. This increased energy use and higher Basic Service rate will be reflected in higher monthly bills during the summer season. The Basic Service rate does not apply to customers on c ompetitive supply or municipal aggregation. In looking out to the fall, commercial and industrial customers that receive Basic Service from Eversource, can expect to see the Basic Service rate adjust again on the quarterly adjustment schedule of Jan. 1, April 1, July 1, and Oct. 1. Given the impact of world events on energy pricing, we could see continued volatility in energy supply prices for the foreseeable future. Weencourage customers to begin preparing for the winter by taking advantage of Energy Efficiency programs and services, including:\u8203 ? \u8203 ?Weatherization, which includes air sealing and insulation, can reduce your heating and cooling costs by up to 20%. \u8203 ? \u8203 ? Incentives are available so you may receive air sealing at no cost and 75% or more off an approved insulation installation.\u8203 ? \u8203 ?Rebates are also available for energy-efficient products, such as Wi-Fi thermostats, refrigerator recycling, and more, to help lower energy use.\u8203 ? \u8203 ?Incentives are also available for heat pumps. Switching to a heat pump decreases the over energy use and bills for customers who currently have electric resistance, oil or propane heat. Heat pumps are also very efficient for cooling your home. Eversource continues to work every day to promote payment assistance programs and energy-saving tools and services that can helpcustomers lower energy use and reduce their bills. For Energy Efficiency Programs on Cape Cod and Martha’s Vineyard, please contact Cape Light Compact. Eversource has a range of payment programs. These include:Eversource Payment Plan helps you pay off your balance over a period of time to help prevent service interruption.Budget Billing Plan helps avoid seasonal spikes on your energy bill by letting you pay a fixed amount each month based on youraverage annual usage.Discount Rate on your monthly energy bill for customers with a household income that meets eligibility requirements, and your utilitybill is in your name.New Start Program (electric & gas) may eliminate portions of an overdue balance in as little as 12 months. Please contact me if you have any questions.\u8239 \u8239 \u8239 \u8239 Sincerely, Ronit 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, proprie 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. Archive d: Thursday, June 23, 2022 10:50:28 AM From: Melissa Sanderson Se nt: Wed, 15 Jun 2022 21:25:41 +0000ARC To: Erika Mawn; Ryan Burch; Chris Miller; Peter Lombardi Subje ct: Seals & Sharks on Cape Cod Se ns itivity: Normal Dear Brewster Select Board, Town Manager, Natural Resource Department, and Shellfish Department, We are writing to share the results of a study on the views of Cape Cod residents, tourists, and commercial fishermen toward seals and whi te sharks. The work was funded by Woods Hole Sea Grant and conducted by researchers from Salem State University, University of Massachusetts- Boston, Center for C oastal Studies, Center for Animals and Public Policy at Cummings School of Veterinary Medicine at Tufts University, Cape Cod Commercial Fishermen’s Alliance, and Atlantic White Shark Conservancy. This comprehensive study surveyed representative samples of residents, tourists and commercial fi shermen – almost 2000 respondents in t o t a l - last summer. Investigators measured stakeholder beliefs, attitudes, knowledge, and perceptions of seal/shark i nteractions, management, and confli ct mi ti gati on strategi es. The survey also covered experiences, views of lethal and non-lethal management, acti ons respondents took at the beaches to avoid encounters wi th sharks and seals, and primary sources for seal and shark i nformation. The findings of the study help build a foundation for effective communi cation to enhance public safety, coexistence, and conservation of seals and sharks and to reduce negati ve human interacti ons with mari ne wildlife. The findi ngs may be used by managers, policy makers, and non- governmental organizations to identify similarities and differences among stakeholders in how they perceive seals, sharks and management of these species. These results also provide managers wi th information on what management approaches stakeholders find acceptable and which they find unacceptable. Often, it is a few people with strong opinions that participate i n public meetings and the public policy process. These people may or may not be representative of the broader community, but without broader community participation, their opinions may drive the decision making process. Thi s study provides decision makers wi th a better understanding of the broader public attitudes on what can be a controversial topic and allows them to make decisions based on science and facts. We hope that you w ill review the results, share the report w ith your staff, and consider using the results to inform your management strategies. An executive summary, the full report, and video presentations can be found online at: http://seagrant.w hoi.edu/sealshark Notable highlights include:  95% of tourists and 81% of voters rely on beach si gns as their primary source of information about sharks and seals.  94% of tourists, 86% of voters, and 66% of fi shers are willing to accept some inconvenience and risk in order to have oceans where marine wildlife can thrive  While sharks generate fear and are vi ewed as a threat to people by the majority of respondents, the perceived benefits of sharks appear to outweigh the risks.  68% of voters, 65% of tourists, and 60% of commercial fishers indicate that they have control over whether or not they encounter sharks  The ecosystem is a top management priority for 95% of tourists, 87% of voters, and 75% of commercial fishers  All three stakeholder groups reject the lethal management of sharks. Over two-thirds of voters, tourists and commercial fishers support leaving sharks alone. Support for non-lethal management of sharks is also high.  Little support is found for lethal management of seals in any of the groups. Voters and tourists are strongly opposed to lethal management under all ci rcumstances. C ommercial fishers are more divided, resulting in more neutral views when averaged. All three stakeholder groups prefer non-lethal management approaches to lethal management.  89% of tourists, 81% of voters, 77% of commerci al fi shers believe sharks are important to the ecosystem  87% of tourists, 74% of voters, and 38% of commerci al fishers see seals as important to the ecosystem Thank you for your attention and please reach out to us with any questions you may have. We are able to offer a limited number of in-person or virtual meetings and/or presentations of the results to municipal managers. Please request a meeting or presentation by June 30, 2022 by completing this online form: https://forms.gle/xW8198WwQXH8wLLZA Sincerely,  Jennifer Jackman, Principal Investigator and Professor of Politics, Policy and International Relations, Salem State University, jjackman@salemstate.edu  Lisa Sette, Co-Investigator and Seal Studi es Coordinator, Center for Coastal Studies, sette@coastalstudi es.org  Stephanie Wood, Co-Investigator and Research Assi stant Professor, School for the Environment, Uni versity of Massachusetts-Boston, Stephanie.Wood@umb.edu  Marianne Walsh, Co-Investigator and Educati on Director, Atlantic White Shark Conservancy, marianne@atlanti cwhiteshark.org  Melissa Sanderson, Co-Investigator and Chief Operating Officer, Cape Cod Commercial Fishermen’s Alliance, melissa@capecodfishermen.org  Andrea Bogomolni, Chair, Northeast Atlanti c Seal Research Consortium, abogomolni@gmail.com Melissa Sanderson Chief Operating Officer C a p e C o d C o m m e r c i a l F i s h e r m e n 's A l l i a n c e 1566 Main Street, Chatham, MA 02633 Sm a l l B o a t s . B i g I d e a s . C e l e b r a t i n g 3 0 ye a r s . N a v i ga t i n g 3 0 m o r e . melissa@capecodfishermen.org| www.capecodfishermen.org O: 508-945-2432 x103 | C: 774-216-1260 | F: 508- 945-0981 Archive d: Wednesday, July 6, 2022 9:54:57 AM From: Lynn St. Cyr Se nt: Fri, 24 Jun 2022 15:42:17 +0000Authentication To: Conor Kenny; Erika Mawn Cc: Jonathon Idman Subje ct: Ridgewood Drive Road Betterment Petition Case N o. 2022-03 Se ns itivity: Normal Good morni ng, At their meeti ng on June 22, 2022, the Planning Board vote d (7-0) to endorse the peti tioners’ pri vate road betterment plan f or Ri dgewood Drive enti tled “Ridge wood Dri ve-Road Be tterment, Site Plan for Road-Schematic, Ri dgewood Drive , Bre wste r, MA” prepared by J.M. O’Reilly & Associates, Inc. wi th a re vision date of June 3, 2022, upon the condition that the pe titi one rs’ project engi ne e r ul timately provide a certificati on to the town that the use ful l i fe of the propose d re pairs is at least 15 years consistent wi th the require me nts of §157-20B of the Brewster Town Code. Thank you, Lynn Lynn St. Cyr Senior Department As s is tant, Planning Department Town of Brews ter 2198 Main Street, Brews ter, MA 02631 T: 508-896-3701 x1233 Beginning March 21st, Brewster Town Offices will be open to the public Monday through Thursday from 8:30am t o 4:00pm, and by appointment on Friday s. For the latest updates on Town services, please visit www.brewster-ma.gov. 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: C 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: Relationship to you: b. Name: Address: 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: 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 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. 11. OCCUPATION: Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. 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? 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) 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Relationship to you: b. Name: Address: Relationship to you: Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Memo To: Brewster Select Board From: Colette Williams, Town Clerk Date: July 1, 2022 Re: Election Workers to be appointed Pursuant to Massachusetts General Law Chapter 54, section 12, the following list of names are being presented to the Brewster Select Board, to be appointed as Election Personnel, effective September 1, 2022 through August 31, 2023. Warden: Charles Winn Clerks: Pat Busch Glenda Normand Anne LeMatire Sharon Ryone Cynthia Mathison Joan Scheffer Workers:Mary Beth Buhler Mary Levine June Cameron Janet Lowey Chris Carson Simone MacLellan Sally Cash John Martens Susan Daly Julie Menges Helga Dyer Paula Miller Lauren Elliot-Grunes MaryJo Nabywaniec Carol Erikson Stephen Najarian Less Erickson Tyra Nichols Beth Finch Marjorie Oliver Steve Frissora Jovita Olsen Bob Gaughram Marcia Otto Debbie Gengras Chris Patterson Rheanna Hastings Sara Phillips Jim Holland Christine Rossiter Ellie Johnson Judy Rowe Peter Johnson Pete Scheffer Sandra Johnson Pam Smith Cheryl Kimberley Pat Stanley Judy Lagergren Elizabeth Taylor Adam Lange Judy Tod-McNichol Karen Whitney Office of: Town Clerk Archive d: Wednesday, July 6, 2022 9:54:36 AM From: Colette Williams Se nt: Thu, 16 Jun 2022 19:47:14 +0000Authentication To: Erika Mawn Subje ct: FW: Town of Brewster - Warden of Elections Resignation Se ns itivity: Normal 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: Curt Tayl or <curttayl or123@gmail.com> Sent: Thursday, June 16, 2022 12:26 PM To: Colette Williams <cwilliams@brewster-ma.gov> Subject: Town of Bre wste r - Warden of Elections Re si gnation He l l o Colette, Thi s is my offi ci al resignati on noti fication for election warden for the town of Brewster. We have sold our house and are movi ng out of town. It was a pleasure working wi th you for many years. I wish the best for the town and al l of the poll workers. Si nce rely, Donald Curti s Tayl or Jr