HomeMy Public PortalAboutSelect Board -- 2022-06-06 MinutesTown of Brewster
MINUTES OF THE SELECT BOARD MEETING
DATE: June 6, 2022
TIME: 6:00 PM
PLACE: Remote Participation
2198 Main Street
Brewster, MA 02631-1898
Phone, (508) 896-3701
Fax:(508) 896-8089
Office of:
Select Board
Town Administrator
REGULAR SESSION
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:OOpm 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 Elbert 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
Select Board 06.06.2022 www.brewster-ma.gov Page 1 of 8
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2198 Main Street
Brewster, MA 026314898
Phone, (508) 896-3701
Fax:(508) 896-8089
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. Is 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 Y2 minutes. This was done during the
panA
emic 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.
Select Board 06.06.2022 www.brewster-ma.gov Page 2 of 8
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Fax; (508) 896-8089
Office of.
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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
Select Board 06.06.2022 www.brewster-ma.gov Page 3 of 8
Town o Brewster
2198 Main Street
3 A = Brewster, MA 02631-1898
�\ Phone: (508) 896-3701
Fax: (508) 896-8089
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%
i n 2010 to 8.8% in
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.
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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
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2198 Main Street
3 n = Brewster, MA 02631-1898
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Fax: (508) 896-8089
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.
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,���� Office of:
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2198 Main Street Select Board
Town Administrator
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�\ Phone; (508) 896-3701
Fax: (508) 896-8089
Discuss and Vote on Proposed Policv on Wampanoae 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.
Uadate on Scope of Work and Project Brief for the Cape Cod Sea Camps Comprehensive Planning Process
Or.
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 interest 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
Select Board 06.06.2022 www.brewster-ma.gov Page 7 of 8
ffice of.
T®wn of Brewster O
Select Board
2198 Main Street Town Administrator
Brewster, MA 02631-1898
v, Phone: (508) 896-3701
Fax:(508) 896-8089
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 Meetines:
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: 07/12/2022 Signed:
Date Selectperson Hoffmann, 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.
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