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HomeMy Public PortalAboutCPC Packet 072722Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA July 27, 2022 at 4:00 PM (Remote Participation Only) This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1.Phone: Call (929) 436-2866 or (301) 715-8592.Webinar ID: 837 7728 4808 Passcode: 326439 To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/83777284808?pwd=NjB3WldRTGRxb0l0WXhIS1J0Y1NOQT09 Passcode: 326439 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Community Preservation Committee Faythe Ellis Chair Sarah Robinson Vice Chair Sharon Marotti Treasurer Elizabeth Taylor Clerk Roland Bassett Jr. Christine Boucher Bruce Evans Peggy Jablonski Paul Ruchinskas CPC Assistant Beth Devine 1.Call to order 2.Meeting participation statement 3.Declaration of a quorum 4.Public Announcements and Comment – Members of the public can address the Community Preservation Committee on matters not on the meeting’s agenda for a maximum of 3-5 minutes at the Chair’s discretion. Under the Open Meeting law, the CPC is unable to reply, but may add items presented to a future agenda. 5.Election of CPC Officers for FY 23 6.Financial Update a.FY22 reconciliation b.FY23 estimated budget c.FY23 Admin Expenses projected 7.Discussion and votes on completeness, timeliness and CPA eligibility of the following Fall 2022 CPC Applications Packet (laserfiche.com) a.Discussion and possible vote on the completeness, timeliness and CPA eligibility of Open Space Committee’s request to acquire the property at 0 Holly Way. b.Discussion and possible vote on the completeness, timeliness and CPA eligibility of Brewster Historical Society’s funding application for Schoolhouse #3 with a possible vote to refer the application to the Brewster Historical Commission for review and recommendation to CPC. 8.Discussion and possible vote to recommend Select Board adoption of 5 Year CPA Plan 9.Preview of upcoming committee topics/timing 10.Discussion regarding annual 2022 CPC Public Hearing 11.Project Updates 12.Approval of Minutes from 6/22/22 13.Matters Not Reasonably Anticipated by the Chair 14.Announcements 15.Next meeting and discussion of format: Wednesday, 8/10/22 16.Motion to adjourn Date Posted: Date Revised: 7/25/22 Admin Budget Projected Expenses: FY22 Expense Amount Budgeted Historical Consultant fee 2,500$ Initial Legal review of applications 3,200$ CPA Coalition Dues 3,500$ Admin Support - est.7,000$ Compact of CC Conservation Trusts (est.)20,000$ Subtotal 36,200$ Unallocated 35,335.00$ 71,535.00$ Allocated Notes Estimate 8 applications at $400 each Variable Annual expense Firm Variable $11,454 in 2019, $21,504 in 2018 Variable Hello Faythe, You have requested an opinion as to whether the CPC may grant CPA funds for (A) the purchase of the Holly Avenue open space parcel and (B) the relocation of the historic Schoolhouse No. 3 from its present location at 2342 Main Street to Windmill Village. A.Holly Avenue Purchase: In my opinion, CPA funds may permissibly be used to acquire the property at Holly Avenue, as the acquisition of open space is expressly permitted under the CPA. As you know, any land acquired for open space purposes must be protected by a permanent conservation restriction. Once the Town has acquired the property, the Town should grant a conservation restriction to a nonprofit organization. B.Relocation of Historic Schoolhouse: The Brewster Conservation Trust donated Schoolhouse No. 3, a historic schoolhouse that is currently located on the Trust’s property at 2342 Main Street, to the Brewster Historic Society. The Historic Society has requested the CPA for funds to move Schoolhouse No. 3 to the Society’s property, known as Windmill Village. As you know, CPA funds may be used by the Town to acquire, preserve, and rehabilitate historic resources. I note that Schoolhouse No. 3 is listed in MHC’s Inventory; for Schoolhouse No. 3 to constitute a “historic resource” under the CPA, Schoolhouse No. 3 must either be listed in MHC’s Inventory of Historic Places) or has been determined by the Brewster Historical Commission to be important to the history, culture, architecture, and/or archeology of the Town. Here, the Town is not acquiring the Schoolhouse, and, since “preservation” is defined in the CPA as work that is designed to protect the Schoolhouse from physical injury, harm or destruction, it is clear that the CPA funds are also not being used to preserve the Schoolhouse in the traditional sense, in that the Schoolhouse is not being repaired to protect it from injury from the elements. Rather, the Town is being asked to fund the dismantling of the Schoolhouse and its reconstruction at a different site, where it will be protected by the Society and better preserved. In my opinion, the work to dismantle Schoolhouse No. 3 and to re-construct it can be deemed to constitute the rehabilitation of a historic building, as the work will constitute an extraordinary repair and make the Schoolhouse more functional for use. Please contact me if you have any questions regarding the foregoing matters. Shirin Everett, Esq. KP |LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com Hi Faythe, Re additional funding for the Schoolhouse, we anticipate using up to $75,000 pledged by Jennison Charitable Foundation to curate the schoolhouse and establish educational programs. Sally 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. Doc ID: 8d6e77f7e9c5f3df25eac3daa6e019629c4a0e96 (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 Doc ID: 8d6e77f7e9c5f3df25eac3daa6e019629c4a0e96 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 June 13, 2022 Doc ID: 8d6e77f7e9c5f3df25eac3daa6e019629c4a0e96 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 Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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 Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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. Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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 Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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. Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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 Partn ership 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. Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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 Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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: Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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 Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521 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. 07 / 12 / 2022 Doc ID: 66ba34db60b9beefc18453f6b0487dde3b1b4521