HomeMy Public PortalAboutSelect Board Meeting Packet - 10.17.22 (2)c"a'E'w'S`
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Select Board
David Whitney
Chair
Edward Chatelain
Vice Chair
Kari Hoffmann
Clerk
Mary Chaffee
Cynthia Bingham
Town
Administrator
Peter Lombardi
Assistant Town
Administrator
Donna Kalinick
Project Manager
Conor Kenny
Executive Assistant
Erika Mawn
Town of Brewster Select Board
2198 Main St., Brewster, MA 02631
townadmin@brewster-ma.gov
(508) 896-3701
SELECT BOARD MEETING REVISED AGENDA
Remote Participation Only
October 17, 2022 at 5:45 PM
Pursuant to Chapter 107 of the Acts of 2022, this meeting will be conducted in person and via remote means, in accordance
with applicable law. This means that members of the public body may access this meeting in person, or via virtual means.
In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public
body may attend remotely. No in -person attendance of members of the public will be permitted, and public participation
in any public hearing conducted during this meeting shall be by remote means only. Members of the public who wish to
access the meeting may do so in the following manner:
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224
To request to speak: Press *9 and wait to be recognized.
ZoomWebinar: httvs://us02web.zoom.us/j/89092910526?vwd=WHM2V3hrVklhSTloWWhVU09kanUzOTO9
Passcode: 509224
To request to speak: Tap Zoom "Raise Hand", then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the
meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live,
in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-
ma.gov), or Video recording (tv.brewster-ma.gov).
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. Executive Session
• Review & Vote on Executive Session Minutes
6:00 PM: Anticipated Start Time of Open Session
6. Public Announcements and Comment: Members of the public may address the Select Board on matters
not on the meeting's agenda for a maximum 3-5 minutes at the Chair's discretion. Under the Open Meeting Law, the
Select Board is unable to reply but may add items presented to a future agenda.
7. Select Board Announcements and Liaison Reports
8. Town Administrator's Report
9. Consent Agenda
a. Meeting Minutes: October 3, 2022
b. Appointments: Brewster Police Department
c. Execute Warrant for November 2022 State Election
d. Facility Use Applications: Brewster Chamber of Commerce - Drummer Boy Park
e. One Day Liquor License Applications- Chatham Bars Inn
10. Discuss and Vote on Natural Resources Advisory Commission's Recommended Comments on
Eversource's Draft 2023-2027 Vegetation Management Plan
11. Update on Wing Island Boardwalk Project and Discuss Next Steps for Public Forum #2 -
Select Board FY23-24 Strategic Plan Goal CM -1
12. Discuss and Vote on Allocation of American Rescue Plan Act Funds for Supplemental Carrying
Capacity Analysis, Public Outreach, and Ecological Assessment Services Related to Proposed
Wing Island Boardwalk
13. Discuss and Vote on Fall 2023 Special Town Meeting Warrant Articles
a. Articles 3 & 5: Faythe Ellis, CPC Chair
b. Article 4: Elizabeth Taylor, Open Space Committee Chair
c. Articles 2, 9 (re -vote), 10, 11, 13, and 14 (Town Administration)
14. Vote to Close and Execute Fall 2023 Special Town Meeting Warrant
15. FYIs
16. Matters Not Reasonably Anticipated by the Chair
17. Questions from the Media
18. Next Meetings: November 7, November 10, and November 14, 2022
19. Adjournment
Select Board
David Whitney
Chair
Edward Chatelain
Vice Chair
Kari Hoffmann
Clerk
Mary Chaffee
Cynthia Bingham
Town
Administrator
Peter Lombardi
Assistant Town
Administrator
Donna Kalinick
Project Manager
Conor Kenny
Executive Assistant
Erika Mawn
Date Posted: Date Revised:
10/13/2022 10/14/2022
Received by Town Clerk:
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October 5, 2022
Mr. Peter Lombardi, Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631
Dear Peter,
The Brewster Conservation Trust is pleased to renew our pledge to the Town to fund $1.75
million over five years for the purpose of retiring short term notes issued by the Town for the
purchase of the Long Pond parcel of the former Cape Cod Sea Camps; provided that the
conservation values of that parcel are adequately protected as described below.
BCT will participate in and follow with interest the exemplary planning process now underway to
determine the uses for this property. Not only is the property important for preserving
ecologically significant habitats – especially given its additive value to adjacent conservation
lands – but, as the hydrogeological study commissioned by BCT demonstrates, it is crucial to
protection of water quality in both the Town’s wellfields and Long Pond.
Of course, we understand that the planning processes should also consider other uses for the
land to meet the broader needs of the Town and its citizens. Our concerns will be simply to
evaluate whether such uses are compatible with the ecological sensitivity of the property and
with protecting pond and drinking water quality.
Accordingly, we expect that the first tranche of the pledged funds will be made available to the
Town upon the Town’s delivery of an acceptable conservation restriction on the property in favor
of BCT and, if they so wish, Mass Audubon. However, BCT’s Board, in its discretion, may
authorize an earlier release of funds if required for availability at the first maturity date of the
Town’s notes and if the planning process has progressed at that point to the Board’s
satisfaction. Based on the success of our capital campaign for this purpose so far, we expect
that this first tranche will be in an amount in excess of $1 million, with the balance of the pledge
to be funded thereafter as the corresponding pledges from our donors are realized and the
outstanding notes mature. We will consult with you well in advance of each maturity date of the
Town’s notes to determine the exact amount to be funded.
We continue to enthusiastically support of the Town’s acquisition of the former Sea Camps
properties.
Sincerely,
Tino
Tino Kamarck
President
Cc: Nick Rossi, Land Protection Specialist Mass Audubon
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608
(508) 792-7600
(508) 795-1991 fax
www.mass.gov/ago
September 29, 2022
Gregg Corbo, Esq.
KP Law
101 Arch Street, 12th Floor
Boston, MA 02110
Re: Extension of 90-day review period of Article 18
Brewster Annual Town Meeting of May 14, 2022
Case # 10575
Dear Attorney Corbo:
Pursuant to the requirements of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of
2000, the Attorney General and Town Counsel are authorized to extend the 90-day period provided
for the Attorney General’s review of town by-laws for not more than an additional 90 days. This
letter serves to satisfy the requirements of G.L. c. 40, § 32, as amended. In light of our need for time
to further discuss the proposed by-law’s consistency with state law, we hereby jointly agree to extend
the Attorney General’s review period of Article 18 for an additional 30 days. Our decision on Article
18 will now be due on November 7, 2022.
Please sign this letter to reflect your agreement and return the signed letter to us. We will
then file the letter with the Town Clerk, with a copy to you. Thank you for your accommodation in
this matter.
Very truly yours,
MAURA HEALEY
ATTORNEY GENERAL
Margaret J. Hurley
by: Margaret J. Hurley, Assistant Attorney General
Chief, Central Massachusetts Division
Director, Municipal Law Unit
Ten Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792-7600 x 4402
Gregg Corbo / nbc October 3, 2022
Town Counsel Date
Massachusetts School Building Authority
Nauset Regional High School
Bidding Phase
School Building Committee Meeting
October 13, 2022
October 13, 2022
PROGRESS REPORT
All Modulars have been placed and installed on the footings.
Main corridor between modular units are currently being constructed. Access stairs, handrails, roofing and
interior ceiling work is currently underway.
Fire Alarm, Electrical, telecom and sprinkler work in units is ongoing.
Project was re-advertised for bidding, Filed Subcontractor bids (FSB) were due on September 14 and General
Contractor bids are due on October 19. The FSBs were evaluated.
Summer library move was completed successfully.
Storage containers are set onsite in preparation for upcoming school move.
CHA issued the Request for Proposal for school move into modulars and held a moving services walk-through.
Meetings with the working group and school department continue.
October 13, 2022
PROCUREMENT & MODULAR SCHEDULE
Procurement Schedule
10/19 - General Contractor (GC)
bids due
10/26 - Meeting w/ Building
Committee to review/accept
bid (vote required)
Modular Schedule
9/12 to 10/21 - Build corridors, entrances, and vestibules.
9/12 to 11/18 - Electrical, Telecom, and Sprinkler work in Mod Units.
10/3 to 10/14 - Pave parking lot and roadway areas.
10/10 to 11/18 - Install Fire alarm system, sprinklers.
10/24 to 11/18 - Touch Up Paint.
11/7 to 11/18 - Install flooring and ceiling, touch up paint.
11/14 to 11/24 - Final clean up.
11/25 - Substantial completion.
October 13, 2022
ORGANIZATION & COMMUNICATION
Superintendent
Brooke Clenchy
OPM
CHA Team
Prequalification
Subgroup
Architect
Flansburgh Team
School Building
Committee
Teacher/Staff
Liaison Subgroup
Change Order
Subgroup
Town Manager
Liaison
Public Relations
Subgroup
MSBA
October 13, 2022
POTENTIAL OPTIONS – GC BID RESULTS
Option Three
Change Delivery
Method
Move from Design Bid Build
to Construction Manager
at Risk (CMR)
Value Engineering Review
Additional Time Required
Additional Funds Required
Option Two
Redesign & Rebid
Redesign Building
Develop New Space Program
Revisit Education Plan
Additional Time Required
Additional Funds Required
Option One
Award GC Contract
Bids come in Favorable
Reallocate Funds within
Budget to compensate for
deficiencies
Additional Funding will be
necessary
October 13, 2022
OPTION ONE – AWARD GENERAL CONTRACTOR BID
October
2022
GC Bids Due
General Contractor Bids submitted
October 19, 2022
0101
November
2022
SBC Mtg
Discuss Bid results
October 26, 2022
0202
December
2022
GC Mobilize
Temp Cafeteria & Site Work
November 1, 2022
0404
Award GC Contract
Award and execute GC Contract
November 1, 2022
0303
January
2023
W1 W2 W3 W4W1W2W3W4W1W2W3W4W1W2W3W4
Modulars Complete
Award and execute GC Contract
December 15, 2022
0505
Temp Cafe. Complete
December 24, 2022
0606
Move #1
Award and execute GC Contract
Dec. 24, 2022 – Jan. 1, 2023
0707
Construction Start
January 1, 2023
(completion Fall 2025)
0808
Phase I Construction Start
October 13, 2022
POTENTIAL OPTIONS – GC BID RESULTS
Phase II
Contractor Mobilize
Aug. 1, 2024
Bldg A, B, C & D
Move July 2024
Bldg A, B, C & D Renovation
start August 1, 2024
Completion (A, B, C & D)
Summer 2025
Bldg A, B, C & D Move-in Fall
2025
Phase III
Mobilize to remove
Modulars
July 2025
Removal of Modulars
July – October 2025
Restore Site Completion
December 2025
Phase I
Award Construction Contract
Nov. 1, 2022
Contractor Mobilize Nov. 1, 2022
Bldg F, G, E&N Move Dec-Jan 1
Temp. parking & bus Nov 1- Jan 1
Construction Start (F, G, E&N) Jan 1
Completion (F, G, E & N) July 2024
Move-in (F, G, E & N) Aug 2024
October 13, 2022
OPTION TWO – REDESIGN AND REBID
2022
Redesign
Develop plan to fit budget
4-6 months
0101
2023
Rebid
Prequals/FSB/GC Bids
2-3 months
0202
2024
Construction Start
Mobilize & Begin Construction
(Fall 2023)
0404
Funding Request
Prepare for Town Mtgs
2-3 months (Spring 2023)
0303
2025
Q1 Q2 Q3 Q4Q1Q2Q3Q4Q1Q2Q3Q4Q4
Construction Complete
Q3 2026
0606
2026
Q1 Q2 Q3 Q4
Occupancy
All Phases Complete
Move-in
0707
October 13, 2022
OPTION TWO – REDESIGN & REBID
Pros/Cons
Redesign
Review project scope
Develop Program of Spaces
Review Educational Plan
Cost Estimating
Scheduling & Phasing
Rebid
Prequalify Subcontractors
Prequalify General Contractors
Rebid File Sub Bids
Rebid General Contractors
Cost
Escalation
Volatile construction market
Additional time/
Schedule Extension
October 13, 2022
OPTION THREE – HIRE CONSTRUCTION MANAGER AT RISK
2022
Application to
Inspector General
Compile & Submit Application
2-3 months
0101
2023
Hire CMR
Prequal/Review/Interview/Award
3-4 months
0202
2024
Funding Request
Prepare for town Mtgs
2-3 months (Fall 2023)
0404
CMR Precon
Design Review/Cost
Estimating/Phasing/Procurement/GMP
4-6 months Q4 2026
0303
2025
Q1 Q2 Q3 Q4Q1Q2Q3Q4Q1Q2Q3Q4Q4
Construction Start
Mobilize & Begin Construction
Q4 2023
0505
Construction Complete
Q4 2026
0606
2026
Q1 Q2 Q3 Q4
Occupancy
All Phases Complete
Move-in
0707
October 13, 2022
OPTION THREE – CONSTRUCTION MANAGER AT RISK
Preconstruction
Design Review
Cost Estimating
Scheduling & Phasing
Constructability Options
Project Planning
Sustainable Design Planning
BIM & MEP Coordination
Procurement
GMP Establishment
Construction
Construction Mitigation
and Logistics
Schedule Management
MEP Coordination
and Management
Cost Control
Project Controls
and Communication
Building Performance
Workflow/Critical Path Analysis
Cost
Preconstruction Fees
Additional time/
Schedule Extension
Generate GMP
Cost Control
October 13, 2022
SCHEDULE
Wednesday, October 26, 2022
Wednesday, November 16, 2022
Wednesday, December 7, 2022
Potential School Building Committee Meetings
October 13, 2022
TOTAL PROJECT BUDGET
Upcoming MeetingsProject Budget
(PFA June 2021)
Current Project
Budget
Committed
Amount Amount Paid Balance to Finish
(Current Budget vs.
Paid to Date)
Feasibility Study $1,300,000 $1,300,000 $1,346,714 $1,346,714 -
Administration $122,000 $122,000 $122,000 $31,548 $90,452
Owner’s Project
Manager $3,470,000 $3,470,000 $3,470,000 $635,000 $2,835,000
Architecture & Design $10,325,000 $10,325,000 $10,325,000 $6,176,350 $4,148,650
Construction $104,708,165 $104,708,165 --$104,708,165
Contingency $5,200,000 $5,200,000 $2,557,000 -$5,200,000
Modulars $3,000,000 $3,000,000 $5,557,000 $1,122,045 $1,877,955
Other Project Costs $445,000 $445,000 $445,000 $8,643 $436,357
FF&E $2,805,500 $2,805,500 --$2,805,500
Owner’s Contingency $450,000 $450,000 --$450,000
TOTAL PROJECT
BUDGET $131,825,665 $131,825,665 $23,822,714 $9,320,300 $117,352,079
October 13, 2022
TOTAL PROJECT BUDGET
Project Budget
PFA Budget $131,825,665
The MSBA reimbursement rate for this project is: 43.39%
Total Eligible Costs Submitted to MSBA – Pro Pay 1-13 $9,320,300
Amount Reimbursed by MSBA to date – Pro Pay 1-13 $2,963,335
October 13, 2022
WEBSITE UPDATE
Week of 10/10
Meetings and Events
Update with Building Committee
meeting dates and posted agendas
Schedule
Update with the current phasing
schedule graphic
Project Team
Update names and titles of the
project team members
Week of 10/24
Photos and Videos
Update with progress photos
Next Steps
Consider potential dates for
holding
a public forum
Deadline
Website updates to be completed
by CHA team on 10/28/2022
Week of 10/17
Project Updates
Update monthly progress
narratives
Documentation
Upload Meeting Minutes,
Presentations, MSBA Submissions,
and Project Documents
FAQs
Update with any recent
community questions
October 13, 2022
CONTACT US!
Find more information on the project website:
www.NausetBuildingProject.com
Have questions? Email us at:
nausetbuildingproject@nausetschools.org
DRAFT
NPS Enrollment Comparison 10-1-2022 and 10-1-2021 (2021 in Red)
School PK K 01 02 03 04 05 Total Difference
Eastham Elementary School 16 12 34 30 21 37 28 24 28 26 32 30 34 32 193 191 -2
Eddy Elementary School 0 0 0 0 0 0 0 0 72 69 57 75 85 58 214 202 -12
Orleans Elementary School 0 0 30 17 18 30 23 21 27 19 29 28 38 30 165 145 -20
Stony Brook Elementary 27 37 63 63 64 65 71 66 0 0 0 0 0 0 225 231 6
Wellfleet Elementary School 0 0 22 13 17 19 13 17 23 14 18 20 20 15 113 98 -15
Elementary Totals 43 49 149 123 120 151 135 128 150 128 136 153 177 135 910 867 -43
Nauset Regional Middle School
Town 06 07 08 Total Difference
Brewster 70 67 71 70 75 69 216 206 -10
Eastham 30 32 27 25 30 27 87 84 -3
Orleans 33 28 33 31 35 33 101 92 -9
Provincetown 1 0 1 2 2 0 4 2 -2
Truro 12 10 6 13 8 7 26 30 4
Wellfleet 15 24 16 16 15 17 46 57 11
Choice 13 14 17 23 26 25 56 62 6
Middle School Totals 174 175 171 180 191 178 536 533 -3
Nauset Regional High School
Town 09 10 11 12 SP Total Difference
Brewster 66 67 74 64 69 74 66 67 6 2 281 274 -7
Eastham 39 28 27 35 24 28 31 25 0 0 121 116 -5
Orleans 36 30 27 35 26 27 35 29 0 0 124 121 -3
Provincetown 5 9 5
5
4
4
6 5 0 0 20 23 3
Truro 18 9 14 16 14 12 11 14 3 3 60 54 -6
Wellfleet 30 11 11 32 18 13 33 20 0 0 92 76 -16
Choice 32 22 35 35 46 34 43 45 0 0 156 136 -20
High School Totals 226 176 193 222 201 192 225 205 9 5 854 800 -54
`
SUMMARY 2022 2021 Difference NOTES
Preschool 49 43 6
Elementary 818 867 -49
Nauset Region 1026 1068 -42
School Choice 208 212 -4
Truro 74 86 -12 Truro Grade 6 is School Choice,
Grade 7-12 is Tution In.
Provincetown 25 24 1 Provincetown: Grade 6-8 Is School
Choice. Grade 9-12 are Tuition In.
Grand Total 2200 2300 -100
DRAFT 10.4.2022
HIGH As of Live in Live in Live in School OTHER
SCHOOL 1-Oct District Truro Provincetown Choice IN STUDENTS TOTAL
2022 587 54 23 136 800
2021 618 60 20 156 854
2020 596 60 23 198 877
2019 616 60 26 219 921
2018 624 63 29 228 944
2017 603 48 37 236 924
2016 642 52 40 211 945
2015 676 52 44 209 981
2014 687 50 40 197 974
2013 706 61 43 214 1024
2012 695 52 33 190 970
2011 696 56 28 185 965
2010 737 50 32 168 987
2009 800 40 NA 153 993
MIDDLE As of Live in Live in Live in School OTHER
SCHOOL 1-Oct District Truro Provincetown Choice IN STUDENTS TOTAL
2022 439 30 2 62 533
2021 450 26 4 56 536
2020 488 32 3 60 583
2019 480 41 4 64 589
2018 445 43 5 90 583
2017 419 38 7 89 553
2016 424 31 9 77 541
2015 437 31 9 67 544
2014 463 37 7 53 560
2013 489 22 7 65 583
2012 490 19 8 73 590
2011 490 27 8 46 571
2010 477 24 10 43 554
2009 489 23 55 567
Barnstable Bourne Chatham Dennis Harwich Sandwich Yarmouth Rockland Total
26 2 8 24 37 3 35 1 136
Gr. 9 Gr. 10 Gr. 11 Gr. 12 Total
Truro 9 16 12 17 54
Provincetown 9 5 4 5 23
Barnstable Bourne/Chatham Dennis Harwich Sandwich Yarmouth Provincetown Truro Rockland Total
10 1 / 2 12 11 3 22 2 10 1 74
Gr. 7 Gr. 8 Total
Truro 13 7 20
Lighthouse Sturgis Tech
2022 85 24 101
2021 82 14 100
2020 64 10 92
2019 46 12 76
2018 53 15 77
2017 67 16 88
2016 67 17 81
2015 64 19 86
2014 62 23 69
2013 64 25 72
2012 69 23 72
2011 86 10 80
AS OF OCTOBER 1, 2022 Nauset Resident Students Attending Other High Schools
AS OF OCTOBER 1, 2022 Students Attending Nauset High School Under School Choice by Home Town
(Barnstable includes: Centerville, Marston Mills, Osterville, Sagamore and Barnstable)
AS OF OCTOBER 1, 2022 Students Attending Nauset High School - Tuitioned In
AS OF OCTOBER 1, 2022 Students Attending Nauset Middle School Under School Choice by Home Town
AS OF OCTOBER 1, 2022 Students Attending Nauset Middle School - Tuitioned In
Archive d: Friday, October 14, 2022 2:50:32 PM
From: RegionalPublicHealth, Local (DPH)
Se nt: Fri, 14 Oct 2022 18:31:27 +0000ARC
To: Connor, Caroline A (DPH)
Cc: McCarthy-Licorish, Lisa N (DPH)
Subje ct: Massachusetts Public Health Officials Urge Vaccinations for Flu and COVID-19 as Flu Season Begins
Se ns itivity: Normal
De ar Local Public Heal th Offi ci als,
FOR IMMEDIATE RELEASE
CONTACT
Kathel een Conti
Kathel een.M.Conti@mass.gov
Massachusetts Public Health Officials Urge Vaccinations for Flu
and COVID-19 as Flu Season Begins
BOSTON (October 14, 2022) – With flu s eas on underway, the Mass achus etts
Department of Public Health (DPH) is urging res idents to get their flu shot and get a
COVID-19 vaccine or boos ter for which they are eligible.
October is an ideal time to g et a flu vaccine before the flu s eason reaches its peak.
Every person over the age of 6 months is recommended to get a flu shot annually. The
Centers for Diseas e C ontrol and Prevention (CDC) has recommended that people 65
years and older get a hig h-dos e flu vaccine this s eas on. Individuals can receive flu
and COVID-19 vaccines in the s ame vis it, including from many retail pharmacies . Both
the COVID-19 and flu vaccines are s afe and effective, and have been shown to reduce
the risk of s erious illnes s , hos pitalization, and death.
“Every flu s eason is different, and while it is difficult to predict severity, vaccination
remains the bes t way for people to protect thems elves , their loved ones, and their
communities ag ains t flu,” said P ublic Health Commissioner Margret Cooke. “Now is
also a good time for res idents to g et their COVID-19 vaccines and updated bivalent
booster if they haven’t yet, particularly thos e who are at increas ed ris k of developing
serious illnes s. This includes people with certain chronic health conditions.”
DPH began its s tatewide s urveillance reporting for the 2022-2023 flu s eason the firs t
week of October. Beginning today, October 14, weekly data will be reported every
Friday, including metrics meas uring the s everity of influenza-like illnes s, hos pital
vis its , and flu-related hos pitalizations acros s Mas s achus etts . Since October 2, 96 lab-
confirmed flu cas es have been reported in Mas s achus etts . The majority of individuals
with influenza-like illnes s are not tes ted; therefore, the number of positive test res ults
does not reflect the total number of influenza cas es in Mas s achusetts .
Federal public health officials are expecting higher flu activity this seas on as
compared to the previous years bas ed upon the high number of cases recorded this
past winter in the Southern Hemis phere, particularly in Australia.
The flu can be very s erious . Nearly every year in the United States , millions of people
get the flu, hundreds of thous ands are hos pitalized, and thousands die from flu-
related illnes s es . The mos t common s ymptoms of flu are fever, cough, and s ore
throat. Symptoms can als o include body aches , headaches , chills , runny nos e, and
fatigue.
Flu vaccination is es pecially important for people who are at higher risk of developing
serious flu complications , s uch as thos e with a chronic respiratory condition, heart
diseas e, a weakened immune s ys tem, or who are pregnant. Because flu and C OVID-19
are both expected to be circulating this fall, and may have similar symptoms , people
with flu-like illnes s s hould get tes ted for both COVID and flu.
COVID and flu vaccines are both widely available for everyone 6 months and older.
Other actions that people can take to help prevent the s pread of res piratory dis eas es
like flu and C OVID-19 include s taying home when s ick, covering coughs and s neezes ,
and practicing good hand hyg iene.
“It’s important that everybody over the age of 6 months get a flu vaccine annually,
and even more s o this year becaus e the lack of infection over the past couple of flu
seas ons likely means there is les s immunity to flu than in prior years ,” said Dr. Larry
Madoff, Med ical Direct or of DP H’s Bureau of Infectious Disease and Laborat ory
Sciences. “The flu vaccine and the COVID-19 vaccine or booster can be given during
the s ame vis it. We really urge people to get vaccinated to protect thems elves , thos e
around them, and to help prevent the circulation of flu on top of COVID, which could
caus e a strain on our health care s ys tem.”
DPH has launched a new s eas onal flu public awarenes s campaign for televis ion,
online, and on billboards acros s the s tate encouraging residents to get vaccinated
against the flu and C OVID-19 to keep thems elves , their family, and community
healthy. People who have ques tions about getting both the flu and COVID-19 vaccines
during the same vis it s hould s peak with a health care provider. See more information
on how to find a flu and/or COVID-19 vaccine s ite near you.
For more information on C OVID-19 vaccines and treatments , vis it mas s.gov/covid19.
For more information about influenza, vis it mas s .gov/influenza or call your health care
provider, local board of health, or DPH at (617) 983-6800.
###
Select Board Mtg 10.17.2022 1
Agenda Item #9: Consent Agenda Cover Page
a) Meeting Minutes: October 3, 2022
Draft meeting minutes from the Select Board regular session meeting on October 3, 2022 have
been submitted for approval.
Administration Recommendation:
We recommend the Select Board approve the meeting minutes as presented.
b)Appointments: Brewster Police Department
The Police Chief has submitted permanent status appointments for Lieutenant Charles Mawn and
Sergeant Francesco Mirisola as both have successfully completed their one-year probationary
period.
Administration Recommendation:
We recommend the Select Board approve these appointments.
c)Execute Warrant for November 2022 State Election
The Town Clerk requests the Select Board sign the warrant as is customary. The warrant will then
be posted by the Town Constable.
Administration Recommendation:
We recommend the Select Board vote to approve and sign the November 2022 State Election
Warrant.
d)Facility Use Applications: Brewster Chamber of Commerce- Drummer Boy Park
The Chamber of Commerce has submitted two Drummer Boy Park applications, the first is for the
tree lighting and Santa’s arrival on Friday December 2nd from 2pm – 6pm. The expected number
of attendees is 400. The second is to host the annual Spring arts and craft show for Brewster in
Bloom from Thursday May 4th through Monday May 8th. The expected number of attendees over
the weekend is 2,000 with up to 300 at one time. Various departments have reviewed the
application and their feedback is provided in a memo.
The Chamber has also requested the waiver of fees for use of the park for both events.
Administration Recommendation:
We recommend the Select Board vote to approve the use of Drummer Boy Park and waive the
fees.
e)One Day Liquor License Applications: Chatham Bars Inn Farm (2)
Chatham Bars Inn Farm has submitted two applications for one day liquor licenses for events to
be held at 3038 Main Street. Chatham Bars Inn Farm has an approved Special Event Permit
through the Zoning Board of Appeals. CBI Farm has requested multiple liquor licenses this season
with no issues. The events are as follows:
1.Public farm to table dinner on Friday November 4th from 5:0pm – 9:00pm. The request is
to serve beer, wine and liquor to their 80 anticipated guests.
2.Public farm to table dinner on Friday November 11th from 5:0pm – 9:00pm. The request
is to serve beer, wine and liquor to their 80 anticipated guests.
Select Board Mtg 10.17.2022 2
The Fire Chief, Police Chief and Health Department have reviewed the applications. The Health
Department did comment that if any food will be served/offered that a temporary food service
application must be submitted to them. The Fire Chief has requested that the farm use the
parking plan that they had submitted from a previous event.
Administration Recommendation:
We recommend the Select Board approve these one-day liquor license applications.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 1 of 8
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: October 3, 2022
TIME: 6:00 PM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Chair Whitney, Selectperson Chatelain, Selectperson Hoffmann, Selectperson
Bingham, Selectperson Chaffee, Town Administrator Peter Lombardi, Assistant Town Administrator Donna
Kalinick, Chief Heath Eldredge, Chief Moran, Deputy Chief Varley, Earl Hinton, Joan Pernice, Cynthia St.
Amour, Conor Kenny, Colette Williams
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Whitney called the meeting to order at 6:01pm, read the meeting participation and recording
statements and declared a quorum by announcing members of the Select Board present.
Public Announcements and Comments: None
Select Board Announcements and Liaison Reports: None
Town Administrator’s Report
Mr. Lombardi shared that Mass Audubon is re-affirming their continued commitment to donate $1.5M in
financial contributions for the acquisition costs of the Long Pond property. The contingencies remain in
place that would be held jointly by Mass Audubon and Brewster Conservation Trust. Mass Audubon has
affirmative rights to host educational programming on the property. Mr. Lombardi shared that at this point
Mass Audubon has already secured their full pledge amount, but they recognize that the Town will be
working through a planning process with public input.
Mr. Lombardi noted that for the State election, Room C will be open in Town Hall for in person early voting
starting on Saturday October 22nd. Early voting will be available Monday through Saturday October 24th
through October 29th and again October 31st through November 4th. More information is available online.
The next forum for the Wing Island Boardwalk project is targeted for the first week of December. More
information will follow.
Consent Agenda
a.Meeting Minutes: September 26, 2022
b.Appointment: Michelle Bitzer- Brewster Bicycle and Pedestrian Committee
c.Fee Waiver Request: Blueberry Hills Property Owners Association (Recycling Center)
d.Proposed Fee Increases at the Brewster Recycling Center
e.Proposed Snow and Ice Contractor Rate Increases
f.One Day Liquor License Applications- Brewster Ladies Library, Brewster Chamber of Commerce
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 2 of 8
Office of:
Select Board
Town Administrator
Selectperson Hoffmann moved to approve the Consent Agenda as written. Selectperson Chaffee second. A
roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chatelain-yes,
Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Public Safety Update- Police Chief Eldredge & Fire Chief Moran
Police Chief Eldredge shared the following statistics from the time frame between Memorial Day through
Labor Day, this is not every call responded to by the Department, but the ones that have the most
seasonality:
• 316 motor vehicle stops • 1,692 parking tickets written
• 81 motor vehicle crashes were investigated •117 medical emergency calls responded to
• 1 drug overdose response • 20 cases of mental health crisis
• 108 well-being checks completed • 38 noise complaints responded to
• 29 larceny or fraud cases investigated • 25 domestic disturbances responded to
• 13 operating under the influence of alcohol or drug arrests
The Chief shared that the Department was able to participate in events throughout the summer including
the 3rd Annual Jr. Police Academy led by Lt. Mawn, Touch a Truck event at the former Sea Camps property,
and traffic control for events at the former Sea Camps. The Department has continued their engagement
with the MLK action team, where Police Departments can help build bridges between Police Departments
and historically underrepresented communities. There is a newly formed community outreach team, an
interdisciplinary team with representatives from Police, Fire, Health, Building, and the Council on Aging that
works as a unit to try to help residents who find themselves in difficult situations to connect with the
appropriate resources.
Chief Eldredge noted that regarding staffing, with the most recent hire, the Department is fully staffed, and is
possibly one of the only Cape departments that can say this. Brewster Police Department participated in
active shooter response training at Nauset Regional High School, coordinated with Eastham, Orleans and
Wellfleet Police Departments. Security measures were reviewed with staff at both elementary schools in
Brewster. Chief Eldredge reminded us that as we move through the seasons, make sure to have our own
emergency plans in place.
Fire Chief Moran shared the following information for the Brewster Fire/Rescue Department:
For calendar year 2021, total of 3,052 responses (Fire and EMS).
As of September 1st, 151 responses above last year and as of October 1st, 186 responses above this
time last year.
Service requests continue to challenge the department response capabilities and staffing.
The department was awarded the AFG award.
The Fire Inspector position was filled with Phil Burt, started September 12th 2022.
Provided remediation support for the fuel oil spill this summer.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 3 of 8
Office of:
Select Board
Town Administrator
Community event support included, the Brew Run, Sea Camp events, 9/11 memorial, and
Conservation Day.
From an Emergency Management perspective, the department continues to provide training to Town
staff and will be conducting a table-top exercise, as well as continuing to work with the CERT team.
Participation in Community Outreach Task Force to help residents in need of services.
Chief Moran reviewed upcoming activities and programs that the Department will be participating in. The
Department will be applying for State Fire Equipment Grant as well as others. Chief Moran will continue to
implement the Strategic Plan and will oversee the staffing and organizational study. The Harwich, Brewster
and Chatham Fire Departments have partnered with Cape Tech to start a program of recruitment in the High
School and already have 20 students that will be working with instructors from these departments.
Update on Brewster Fire Department 2022-2026 Strategic Plan Progress & Discuss and Vote on Funding
Request for Staffing Study- Chief Moran (Select Board FY23-24 Strategic Plan Goal G-8)
Fire Chief Moran provided an update from the April 25, 2022 meeting when the Strategic Plan was first
presented. There were five goals identified in the plan and twenty-one objectives or action guides. Within
the objectives there are forty-seven strategies or measurable activities supporting goal achievement.
In summary, 25 of the 47 strategies have been completed, initiated or are in progress. Chief Moran noted
that some of these strategies will take up to five years to implement fully. Some of the most notable
updates include:
Staff inclusion and empowerment targets are being met
Staff are held accountable to their chosen goals and objectives
Internal communication notably enhanced
Professional development and training strategies continue as primary elements
The department continues to evolve from a combination type organization to a full-time public safety
department
Chief Moran reviewed the Staffing and Organizational Structure Study, the department is looking for
approval of $35K to fund the study to evaluate current and forecast future staffing needs and the
organizational structure of the department. Chief Moran explained the current staffing structure of
overtime mandates and some of the negative effects. Deputy Chief Varley shared the regional staffing
comparisons of local fire departments, this shows the potential need for additional staffing in Brewster.
Mr. Lombardi stated that the model we have had in place doesn’t align to where we are today and this study
is meant to ensure that we make decisions that are grounded in the data. We need to be cognizant of
implications that staffing decisions have. This request is on the Special Town Meeting Warrant for Select
Board decision, the proposal is to use $25K from ambulance reserves and $10K from free cash.
Selectperson Hoffmann moved to approve funding for the request for the Staffing Study for the Brewster
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 4 of 8
Office of:
Select Board
Town Administrator
Fire Department. Selectperson Chatelain second. A roll call vote was taken. Selectperson Chaffee-yes,
Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Chair Whitney-yes. The
Board vote was 5-Yes, 0-No.
Presentation on Diversity, Equity, and Inclusion (DEI) Sociodemographic Report and Discuss Potential Next
Steps- Earl Hinton (Select Board FY23-24 Strategic Plan Goal CC-3)
The Board and Town Administration has talked about this topic on several occasions, at the annual retreat
this summer it was decided to assemble and aggregate the sociodemographic data across the community.
This project will identify the opportunities for targeted activities, discussions and potential changes in
programs or policies.
Early Hinton introduced himself and led a presentation on Diversity, Equity, and Inclusion in the Town of
Brewster. The presentation included the following:
Context and Background; definition of each term and outline of the protected classes that must be
included and optional classes. Equity is where most municipalities place their efforts and resources.
Report Design, Content, and Data Sources were reviewed. The content includes Ancestry and
Nativity, Race and Nativity, Age, Education, Brewster and the Sexes, Other, and Economic Security.
Many socio-demographic factors were highlighted such as; total population and households, the
average household size, total families, ancestry, ethnicity, males vs. females, median age, education,
persons with disabilities, ethnicity of school enrollment, and median household income.
Options and opportunities for the Town include sharing the data, examining the composition of
boards and committees, considering conducting equity audits or reviews of select Town policies,
programs, services, and practices to address opportunity gaps, and providing training to groups that
formulate public policy and provide direct service to residents, assessing disability inclusion, factoring
senior and elder population needs into local strategic planning processes, monitoring the labor
market to ensure pay competitiveness and creating a culture of belonging and inclusion for all
Brewster constituents.
Mr. Hinton stated that it is important to acknowledge intersections of different identities among people who
are white and live in the Town – intersectionality – because then Brewster technically is much more diverse
when looked at through this lens than when looking at race alone. The three areas where there may be gaps
are; lack of racial diversity, lack of generational diversity and lack of economic diversity.
Mr. Lombardi noted that on the Open Space and Recreation Plan the State flagged accessibility constraints
and concerns regarding some conservation lands the Town has acquired. There have been discussions on
how best to address these concerns. Adding that there are items on the capital plan to address ADA
accessibility at Town fields.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 5 of 8
Office of:
Select Board
Town Administrator
Discuss and Vote on Proposal to Apply for Community Compact Best Practice Grant Funding to Support DEI
Policy Audit & Updated 5-Year Age-Friendly Community Action Plan (Select Board FY23-24 Strategic Plan
Goals CC-3 & CI-2)
Mr. Lombardi noted that the Community Compact Best Practice program supports all 351 cities/towns across
the State in providing relatively small grant funding to endorse best practices across a number of different
policy areas. The Town has used this program for financial management, a HR policy audit, as well as the
Drummer Boy Park Master Plan update. The Town is eligible again to apply for funds for the following two
best practices:
Updated 5-Year Age-Friendly Community Action Plan
o The Council on Aging conducted a needs assessment and developed an age-friendly
community action plan several years ago that is nearing its conclusion.
o Would like to partner with UMASS Boston Gerontology Institute again, as they are subject
matter experts statewide.
o Council on Aging and Town Administration has developed the scope of work to have them
complete an updated needs assessment including outreach to our senior population and soon
to be senior population. Then use this data to complete an updated action plan.
Support DEI Policy Audit
o Hire a consultant to assist in a policy audit in the Town’s policies with a lens towards DEI
compliance and consistency.
o Provide training opportunities for staff and volunteers to help orientate our work together.
The DEI report was meant to lay the foundation for future initiatives, this is the next step in
terms of understanding what we are doing and what we can do to better to address our DEI
efforts.
The Age-Friendly 5-Year Community Action Plan is not specific to the Council on Aging, one key element that
will be addressed through the process is the notion of building an Intergenerational Community Center and
how those services should best be structured.
Selectperson Hoffmann moved to approve the proposal to apply for Community Compact Best Practice Grant
Funding to support the DEI Policy Audit & Updated 5-Year Age-Friendly Community Action Plan. Selectperson
Chatelain second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes,
Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Review and Vote on Potential Library Renovation Project and to Disband Library Building Committee-
Select Board FY23-24 Strategic Plan Goal CI-1
Mr. Lombardi reviewed the past meeting decisions made by the Select Board. There was a meeting with the
Massachusetts Building Library Commission (MBLC) to get feedback on the original application and
understand the grant program going forward. There is also a group that is actively advocating their
respective legislative delegation to see if there are opportunities to help potentially cover the funding gaps.
The Town has been included in these conversations but has not taken any formal action with our legislative
delegation. The MBLC noted that the way the process has been structured, the State was inclined to
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 6 of 8
Office of:
Select Board
Town Administrator
support all the projects that were submitted, moving forward changes will be made to the grant program.
The focus will be on the community needs, facility needs and financial needs and grant funding will be
awarded on an annual basis based on the funding that the State has in that year.
Members of the Select Board shared their thoughts on the Library Building project, it was clear that there are
improvements needed at the library that the Board supports. There also needs to be thought about the
Town’s potential Intergenerational Community Center.
Mr. Lombardi noted that with the new grant process and guidelines, he would not expect the Brewster
Ladies Library to be competitive for grant funding again. There are a lot of facilities in dire need of upgrading
and financial needs.
Joan Pernice stated that it would be very difficult to meet the programmatic goals of the MBLC if we were to
scale down the original design, as the renovation included the lower level 5,000 sq ft that adds all the
additional programmatic goals. Adding that we would have to rescope out the purpose of the Library
Building Committee to determine what role if any they would have in making decisions about a re-design and
funding. Mr. Lombardi shared that Town staff, representatives from the Library Board and the Select Board
will work together to identify options for upgrades.
Selectperson Hoffmann moved to disband the Library Building Committee. Selectperson Bingham second. A
roll call vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee-yes, Selectperson Bingham-yes,
Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Selectperson Hoffmann moved to inform the State that the Town will not be moving forward with the grant
from MBLC on this project. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-
yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann-yes, Chair Whitney-yes.
The Board vote was 5-Yes, 0-No.
Discuss and Vote on Fall 2023 Special Town Meeting Warrant Articles
The following warrant articles were reviewed:
Article 12- Private Road Engineering Services: Vesper Pond Drive
Conor Kenny summarized that a private road betterment occurs when the Town facilitates the repair
of a private road, financed through an assessment on the tax bills of the residents of the road. Mr.
Kenny reviewed the process and procedures followed for this to be placed on the warrant, as well as
the next steps should this article be approved at Town Meeting. Noting that once the repairs are
completed the roads will remain private ways.
Selectperson Hoffmann moved to recommend Article 12 as printed in the draft warrant. Selectperson
Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes,
Selectperson Chaffee-yes, Selectperson Hoffmann, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 7 of 8
Office of:
Select Board
Town Administrator
Article 16- Local Adoption of State Statute: Local Election Deadlines
Colette Williams proposed the acceptance of MGL Ch41 Section 110A which would allow the deadline
for voter registration for local elections to be moved to Friday or the workday before the Holiday if it
fell on a Saturday or Holiday. If approved, should the date fall on a Saturday, voter registration for
election deadlines would fall to the business day prior from 8:30am – 5:00pm and nomination and
petition papers would fall to the next business day 8:30am – 4:00pm.
Selectperson Hoffmann moved to recommend Article 16 as printed in the draft warrant. Selectperson
Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Hoffmann-yes,
Selectperson Bingham-yes, Selectperson Chatelain-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Article 2- Capital and Special Projects
The Board made the decision to postpone this discussion until the next meeting on October 17th.
For Your Information
Ms. Kalinick announced the community meeting that the Preservation of Affordable Housing and Housing
Assistance Corporation will hold around the community housing initiative off Millstone Road on October 13th
at 5pm via zoom.
Matters Not Reasonably Anticipated by the Chair: None
Questions from the Media
Rich Eldred inquired about the Nauset Regional High School project because in the recent Orleans Select
Board meeting it was mentioned that the sub bids were in and about $20M over the estimates. Mr.
Lombardi answered that the Town has not received any direct correspondence from Nauset School officials
or committees about the filed sub bids. Mr. Lombardi is set to meet with the school Superintendent and
other Town Administrators later this week and this may be a topic of that meeting.
Next Meetings
October 12, October 17, November 7, and November 14, 2022
Adjournment
Selectperson Hoffmann moved to adjourn at 8:59pm. Selectperson Bingham second. A roll call vote was
taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson
Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Respectfully submitted by Erika Mawn, Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Hoffmann, Clerk of the Select Board
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 10.03.2022 www.brewster-ma.gov Page 8 of 8
Office of:
Select Board
Town Administrator
Accompanying Documents in Packet: Agenda, TA Report documents, Consent agenda items, Fie Department 2022-2026 Strategic Plan,
DEI presentation, Community Compact Best Practices documents, Library Renovation project information, Fall 2023 Special Town
Meeting draft warrant, FYIs.
BREWSTER POLICE DEPARTMENT
Chief Heath J. Eldredge
631 Harwich Road
Brewster, Massachusetts 02631
Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513
MEMO
TO: Brewster Select Board Members
FROM: Chief Eldredge
DATE: October 17, 2022
R E : Appointments for Lieutenant Charles M. Mawn
Sergeant Francesco J. Mirisola
Attached for your review and signatures please find appointments for Lieutenant Charles M.
Maven and Sergeant Francesco J. Mirisola.
Please be advised that both have successfully completed a one-year probationary period in their
respective ranks and it is my pleasure to recommend them for a permanent status.
Thank you for your consideration of this request. If you have any questions, please do not
hesitate to direct them to me.
"In Partnership With Our Community"
The Cornrnotttueatti of iawsacljuoetto
ratutt of IBretuoter
To Francesco J. Mirisola
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you
POLICE SERGEANT
and "KEEPER OF THE LOCKUP"
effective November 6, 2022
Given at Brewster this day of October 2022
Recorded
Attest:
A.D.
Town Clerk
•
•
•
•
•
TO QCoutruoutueaitlj of Tascsarijuoett9
tobnu of f3rebuoter
To Charles M. Mawn
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you
POLICE LIEUTENANT
and "KEEPER OF THE LOCKUP"
effective November 6, 2022
Given at Brewster this day of October 2022
•
Recorded A.D. •
•
Attest: Town Clerk •
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
2022 STATE ELECTION WARRANT
Barnstable, SS.
Roland W. Bassett, Jr.
Brewster Town Constable
GREETINGS:
In the name of the Commonwealth, you are hereby required to notify and warn the
inhabitants of Brewster, Massachusetts who are qualified to vote in Elections to vote at:
Brewster Baptist Church
1848 Main Street
Precinct’s One, Two, and Three
On TUESDAY, THE EIGHTH DAY OF NOVEMBER, 2022, from 7:00 A.M. to 8:00 P.M. for
the following purpose:
To cast their votes in the State Election for the candidates for the following offices:
GOVERNOR and LIEUTENANT GOVERNOR FOR THIS COMMONWEALTH
ATTORNEY GENERAL FOR THIS COMMONWEALTH
SECRETARY OF STATE FOR THIS COMMONWEALTH
TREASURER FOR THIS COMMONWEALTH
AUDITOR FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS NINTH DISTRICT
COUNCILLOR FIRST DISTRICT
SENATOR IN GENERAL COURT CAPE & ISLANDS DISTRICT
REPRESENTATIVE IN GENERAL COURT FIRST BARNSTABLE DISTRICT
DISTRICT ATTORNEY CAPE & ISLANDS DISTRICT
SHERIFF BARNSTABLE COUNTY
COUNTY COMMISSIONERS BARNSTABLE COUNTY
BARNSTABLE ASSEMBLY DELEGATES TOWN OF BREWSTER
QUESTION 1: PROPOSED AMENDMENT TO THE CONSTITUTION
Do you approve of the adoption of an amendment to the constitution summarized below, which was
approved by the General Court in joint sessions of the two houses on June 12, 2019 (yeas 147 –
nays 48); and again on June 9, 2021 (yeas 159 – nays 41)?
SUMMARY
This proposed constitutional amendment would establish an additional 4% state income tax on that
portion of annual taxable income in excess of $1 million. This income level would be adjusted
annually, by the same method used for federal income-tax brackets, to reflect increases in the cost
of living. Revenues from this tax would be used, subject to appropriation by the state Legislature,
for public education, public colleges and universities; and for the repair and maintenance of roads,
bridges, and public transportation. The proposed amendment would apply to tax years beginning on
or after January 1, 2023.
A YES VOTE would amend the state Constitution to impose an additional 4% tax on that portion of
incomes over one million dollars to be used, subject to appropriation by the state Legislature, on
education and transportation.
A NO VOTE would make no change in the state Constitution relative to income tax.
QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House
of Representatives on or before May 3, 2022?
2
SUMMARY
This proposed law would direct the Commissioner of the Massachusetts Division of Insurance to
approve or disapprove the rates of dental benefit plans and would require that a dental insurance
carrier meet an annual aggregate medical loss ratio for its covered dental benefit plans of 83
percent. The medical loss ratio would measure the amount of premium dollars a dental insurance
carrier spends on its members' dental expenses and quality improvements, as opposed to
administrative expenses. If a carrier's annual aggregate medical loss ratio is less than 83 percent,
the carrier would be required to refund the excess premiums to its covered individuals and groups.
The proposed law would allow the Commissioner to waive or adjust the refunds only if it is
determined that issuing refunds would result in financial impairment for the carrier.
The proposed law would apply to dental benefit plans regardless of whether they are issued directly
by a carrier, through the connector, or through an intermediary. The proposed law would not apply
to dental benefit plans issued, delivered, or renewed to a self-insured group or where the carrier is
acting as a third-party administrator.
The proposed law would require the carriers offering dental benefit plans to submit information
about their current and projected medical loss ratio, administrative expenses, and other financial
information to the Commissioner. Each carrier would be required to submit an annual
comprehensive financial statement to the Division of Insurance, itemized by market group size and
line of business. A carrier that also provides administrative services to one or more self-insured
groups would also be required to file an appendix to their annual financial statement with
information about its self-insured business. The proposed law would impose a late penalty on a
carrier that does not file its annual report on or before April 1.
The Division would be required to make the submitted data public, to issue an annual summary to
certain legislative committees, and to exchange the data with the Health Policy Commission. The
Commissioner would be required to adopt standards requiring the registration of persons or entities
not otherwise licensed or registered by the Commissioner and criteria for the standardized reporting
and uniform allocation methodologies among carriers.
The proposed law would allow the Commissioner to approve dental benefit policies for the purpose
of being offered to individuals or groups. The Commissioner would be required to adopt regulations
to determine eligibility criteria.
The proposed law would require carriers to file group product base rates and any changes to group
rating factors that are to be effective on January 1 of each year on or before July 1 of the preceding
year. The Commissioner would be required to disapprove any proposed changes to base rates that
are excessive, inadequate, or unreasonable in relation to the benefits charged. The Commissioner
would also be required to disapprove any change to group rating factors that is discriminatory or
not actuarially sound.
The proposed law sets forth criteria that, if met, would require the Commissioner to presumptively
disapprove a carrier's rate, including if the aggregate medical loss ratio for all dental benefit plans
offered by a carrier is less than 83 percent.
The proposed law would establish procedures to be followed if a proposed rate is presumptively
disapproved or if the Commissioner disapproves a rate.
The proposed law would require the Division to hold a hearing if a carrier reports a risk-based
capital ratio on a combined entity basis that exceeds 700 percent in its annual report.
The proposed law would require the Commissioner to promulgate regulations consistent with its
provisions by October 1, 2023. The proposed law would apply to all dental benefit plans issued,
made effective, delivered, or renewed on or after January 1, 2024.
A YES VOTE would regulate dental insurance rates, including by requiring companies to spend at
least 83% of premiums on member dental expenses and quality improvements instead of
administrative expenses, and by making other changes to dental insurance regulations.
A NO VOTE would make no change in the law relative to the regulations that apply to dental
insurance companies.
QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House
of Representatives on or before May 3, 2022?
3
SUMMARY
This proposed law would increase the statewide limits on the combined number of licenses for the
sale of alcoholic beverages for off-premises consumption (including licenses for “all alcoholic
beverages” and for “wines and malt beverages”) that any one retailer could own or control: from 9 to
12 licenses in 2023; to 15 licenses in 2027; and to 18 licenses in 2031.
Beginning in 2023, the proposed law would set a maximum number of “all alcoholic beverages”
licenses that any one retailer could own or control at 7 licenses unless a retailer currently holds
more than 7 such licenses.
The proposed law would require retailers to conduct the sale of alcoholic beverages for off-premises
consumption through face-to-face transactions and would prohibit automated or self-checkout
sales of alcoholic beverages by such retailers.
The proposed law would alter the calculation of the fine that the Alcoholic Beverages Control
Commission may accept in lieu of suspending any license issued under the State Liquor Control
Act. The proposed law would modify the formula for calculating such fee from being based on the
gross profits on the sale of alcoholic beverages to being based on the gross profits on all retail sales.
The proposed law would also add out-of-state motor vehicle licenses to the list of the forms of
identification that any holder of a license issued under the State Liquor Control Act, or their agent
or employee, may choose to reasonably rely on for proof of a person's identity and age.
A YES VOTE would increase the number of licenses a retailer could have for the sale of alcoholic
beverages to be consumed off premises, limit the number of “all-alcoholic beverages” licenses that a
retailer could acquire, restrict use of self-checkout, and require retailers to accept customers’ out-
of-state identification.
A NO VOTE would make no change in the laws governing the retail sale of alcoholic beverages.
QUESTION 4: REFERENDUM ON AN EXISTING LAW
Do you approve of a law summarized below, which was approved by the House of Representatives
and the Senate on May 26, 2022?
SUMMARY
This law allows Massachusetts residents who cannot provide proof of lawful presence in the United
States to obtain a standard driver's license or learner's permit if they meet all the other
qualifications for a standard license or learner's permit, including a road test and insurance, and
provide proof of their identity, date of birth, and residency. The law provides that, when processing
an application for such a license or learner's permit or motor vehicle registration, the registrar of
motor vehicles may not ask about or create a record of the citizenship or immigration status of the
applicant, except as otherwise required by law. This law does not allow people who cannot provide
proof of lawful presence in the United States to obtain a REAL ID.
To prove identity and date of birth, the law requires an applicant to present at least two documents,
one from each of the following categories: (1) a valid unexpired foreign passport or a valid unexpired
Consular Identification document; and (2) a valid unexpired driver's license from any United States
state or territory, an original or certified copy of a birth certificate, a valid unexpired foreign national
identification card, a valid unexpired foreign driver's license, or a marriage certificate or divorce
decree issued by any state or territory of the United States. One of the documents presented by an
applicant must include a photograph and one must include a date of birth. Any documents not in
English must be accompanied by a certified translation. The registrar may review any documents
issued by another country to determine whether they may be used as proof of identity or date of
birth.
The law requires that applicants for a driver's license or learner's permit shall attest, under the
pains and penalties of perjury, that their license has not been suspended or revoked in any other
state, country, or jurisdiction.
The law specifies that information provided by or relating to any applicant or license-holder will not
be a public record and shall not be disclosed, except as required by federal law or as authorized by
Attorney General regulations, and except for purposes of motor vehicle insurance.
The law directs the registrar of motor vehicles to make regulations regarding the documents
required of United States citizens and others who provide proof of lawful presence with their license
application.
4
The law also requires the registrar and the Secretary of the Commonwealth to establish procedures
and regulations to ensure that an applicant for a standard driver's license or learner's permit who
does not provide proof of lawful presence will not be automatically registered to vote.
The law takes effect on July 1, 2023.
A YES VOTE would keep in place the law, which would allow Massachusetts residents who cannot
provide proof of lawful presence in the United States to obtain a driver’s license or permit if they
meet the other requirements for doing so.
A NO VOTE would repeal this law.
Hereof fail not and make return of this warrant with your doings thereon at the time and
place of said voting.
Given under our hands this day of October, 2022.
_____________________________________
David C. Whitney, Chair
___________________________________
Edward B. Chatelain, Vice-Chair
_____________________________________
Kari Sue Hoffmann, Clerk
___________________________________
Mary W. Chaffee
_____________________________________
Cynthia A. Bingham
Town of Brewster Select Board
5
2022 STATE ELECTION WARRANT
NOVEMBER 8TH, 2022
I, Roland W. Bassett, Jr., duly qualified Constable of the Town of Brewster, do hereby
certify that I served the Warrant for the State Election of November 8th, 2022, by posting
attested copies thereof, in the following locations in the Town on the _______ day of
October, 2022, in accordance with the Town Bylaws.
Brewster Town Offices Cafe Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U. S. Post Office
_____________________________________
Roland W. Bassett, Jr., Constable
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Office of:
Select Board
Town Administrator
Memo
To: Brewster Select Board
From: Erika Mawn, Executive Assistant
Date: October 6, 2022
RE: Facility Use Applications
The Brewster Chamber of Commerce has requested use of Drummer Boy Park for two events.
The first is on Friday December 2, 2022 for the Holiday tree lighting and Santa’s arrival from 2pm
until 6pm. During this time the expected number of attendees is 400. For this event use of the
fields and electricity is requested.
The second application is for use of Drummer Boy Park fields to host the Brewster in Bloom
annual Spring arts and crafts show. The request is use of the park starting on Thursday May 4th at
10am through Monday May 8th at 10am. For this event the Chamber expects a total of 2000
attendees with 300 at one given time.
The applications have been reviewed by various departments and their feedback is outlined
below. All feedback/comments will be shared with the Brewster Chamber of Commerce, and we
will request that they communicate with the Town Administration office for any needs for these
events in advance.
Below, please find feedback from department heads for the above events.
Building Department:
Supports the same guidelines regarding use of tents that the Fire Department has outlined.
Town Administration:
They should have a police detail; please consult with Police Department.
They will need to provide port-a-johns for the event. There are no port-a-johns at this location in
December.
They should ask their vendors to be responsible for their own trash removal.
Any serving of food/food vendors needs to be permitted through the Board of Health. They may
also need a Hawker and Peddlers through the Select Board.
No vehicles are to transverse across the paved walking paths.
They need to work with DPW ahead so that we can put up traffic measures near the walking
paths.
They need to work with facilities regarding water and electric usage.
The sale of single use plastic bottled water is prohibited on town property.
Planning Department:
No specific comments or concerns for these events.
Fire Department:
All tents shall have a permanently affixed label indicating appropriate fire retardant ratings.
Multiple tents placed side by side shall have a 12 ft. fire break clearance on all sides for every
700 square feet of tent (Ex. When seven 10’ x 10’ (or greater) tents are placed side by side there
shall be a 12’ break every 700’ or less dependent on size of tent.
Parked vehicles or internal combustion engines such as generators shall not be located closer
than 20 feet to any tent or membrane structure 400 sq ft or more and/or multiple tents placed
side by side with an aggregate area of 700 sq ft. For the purpose of determining required
distance, support ropes and guy wires shall be considered as part of the temporary membrane
structure or tents.
Access to field vendors by fire department vehicles shall not be blocked. All lanes in between
tents shall be no less than 12' in width.
No parking on interior roads shall be permitted.
All parking lot lanes shall be no less than 20’ in width.
Police Department:
Applicant should be advised that if there are impacts to traffic flow on Route 6A, a police detail
may be required.
Health Department:
If any food is to be served at either event, the Chamber will have to notify the Health
Department.
Natural Resources Department
Request to review parking plan and requires that all vehicles are kept south of the
pedestrian paths.
Maintenance Department
No issues with these events.
October 11, 2022
Request to: Brewster Select Board
Re: Waiver of use fees for Drummer Boy Park
From: Brewster Chamber of Commerce, Inc.
Two town-wide festivals are planned for Drummer Boy Park in the next seven months: Brewster for the
Holidays Tree Lighting on December 2, 2022, and Brewster in Bloom Juried Fine Arts and Crafts Show
May 6 and 7, 2023. The Holidays events raise funds to be donated to a local non-profit organization
working with Brewster youth: this year Youth Services at Brewster Ladies’ Library. Brewster in Bloom
proceeds benefit $4,250 in annual scholarships for Brewster students pursuing higher education.
I am requesting that you consider waiving the use fees for Drummer Boy Park for these two festivals.
Thank you,
S. Kyle Hinkle, Executive Director
Brewster Chamber of Commerce, Inc.
PO Box 1241, Brewster, MA 02631
508-896-3500 | www.Brewster-CapeCod.com
APPLICATION FOR FACILITY USE
BREWS I ER BOARD OF SELECTMEN
2198 MAIN STREET, BREWSTER, MA 02631
All requests must be made at least two (2) weeks in advance of the desired use date. For more
information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or
mailed to the address above, or faxed back to 508-896-8089.
ORGANIZATION OR GROUP: 134 r{.(1478
LOCAL SPONSORING ORGANIZATION: g vil -U ivt,4 LAA»
AREA OR FACILITIES NEEDED: ,l'%S wryi Nse
DATE OR DATES REQUESTED: � C� vv � �� c9r7
TIME IN:;;,),it . TIME OUT::`.-,);: (INCLUDING PREPARATION & DISMANTLING)
PURPOSE OF FACILITY USE:
NATURE OF AL FIVITY TO TAKE PLACE: (li-e.s a/ /,vz /�. 1,JQ
WILL ADMISSION FEE BE CHARGED? YES NO 4, AMOUNT
NON-PROFIT ORGANIZATION: YES / NO
IRS # TOTAL NUMBER OF PERSONS EXPECTED
MAXIMUM PEOPLE EXPECTED AT ONE TIME: 'ffrU
ANY SPECIAL EQUIPMENT NEEDED?:
PERSON RESPONSIBLE FOR THE OBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME:
MAILING ADDRESS:
/ 2- / /..3AE,tau6J 02L/j'
TELEPHONE NUMBER:
I have read the regulations and understand them with the acknowledgement that any additional
expenses incurred will be paid by my organization and that any violation may jeopardize continue use of
the building.
Signature: tk
Telephone: 57X -'---,F-96 d
Page 6 of 7
8/13/13
APPLICATION FOR FACILITY USE
BREWS I ER BOARD OF SELECTMEN
2198 MAIN STREET, BREWSTER, MA 02631
[JIJ ui !I
S E P 2 7 2022
1
By
All requests must be made at least two (2) weeks in advance of the desired use date. For more
information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or
mailed to the address above, or faxed back to 508-896-8089.
ORGANIZATION OR GROUP: h e,77 .'7 f3/(Z)7
LOCAL SPONSORING ORGANIZATION: � � � %�� Ll�` � � i Z� �• ,),J2 ,1j
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AREA OR FACILITIES NEEDED:
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DATE OR DATES REQUESTED: /It-c,v
TIME IN: O,e, ,. TIME OUT: /O(:. fro, (INCLUDING PREPARATION & DISMANTLING)
PURPOSE OF FACILITY USE: L/u,r s 4 � �
NATURE OF ACTIVITY TO TAKE PLACE:
WILL ADMISSION FEE BE CHARGED? YES NO k/ AMOUNT
NON-PROFIT ORGANIZATION: YES s NO
IRS # ;i /, ✓v TOTAL NUMBER OF PERSONS EXPECTED
MAXIMUM PEOPLE EXPECTED AT ONE TIME: - '
ANY SPECIAL EQUIPMENT NEEDED?:
PERSON RESPONSIBLE FOR THE OBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME:
MAILING ADDRESS: PC./? p,9,ql, A4ei 21
TELEPHONE NUMBER: Z - --52
I have read the regulations and understand them with the acknowledgement that any additional
expenses incurred will be paid by my organization and that any violation may jeopardize continue use of
the building.
Signature:7,
Telephone: SUS , -sue
Page6of7
8/13/13
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Board of Selectmen
Town Administrator
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
Applicant's Name:
Applicant's Address: DO V),1 014 rt. 1-
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Type of Event: P lit ►'CIA Ci f - t -D ^ t 4, -Le i ►'t,i'i t' R
APPLICATION FOR
ONE -DAY LIQUOR LICENSE
(must be submitted with application fee two (2) weeks prior to the date of the event)
I a,be I l e z5GGI.marry° a Y,
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Location and Address where Liquor will be served if different from Applicant's Address
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Date and hours requested for Licensed Authorization to serve Liquor:
Day:f J01/hYlAve )-°?oiTimes: (5 — q p Kn.
Types of Liquor to be served:
Will food be provided? Yes
Number of attendees anticipated? g 0
Who will serve the liquor?
Name: I Gai,e,{(-e
Address: ?7 03 SS rYt/eVI 1'l CS f•
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Contact phone number(s) for Server(s):
IP M- LL11 b 7 I �a-
FEE= $35/day/location
Signature of Appl
Signature indicating for Licensing Authority's Approval:
Date: 10/1
/
Date
Type of Event:
Board of Selectmen
Town Administrator
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
APPLICATION FOR
ONE -DAY LIQUOR LICENSE
(must be submitted with application fee two (2) weeks prior to the date of the event)
Applicant's Name: 'iSabet e SOCLV VD u Yhone: (O,j?O ( (D b 7
Applicant's Address: ) Q V )1 G1A V 1 (ct-.
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Location and Address where Liquor will be served if different from A licant's Address:
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Date apd hours recue sted for Licensed Authorization to serve Liquor:
Day:NOVV/71b II,aDac-Times: - °I pm
Types of Liquor to be serve
�eeAz, wivtt,,A
Will food be provided? y e S
Number of attendees anticipated? 6
Who will serve the liquor?
Name: , o G1, b e 1 j e
Address: n �L VY1,�� ✓� �c f L
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Contact phone number(s) for erver(s):
(,00-0(0b- fed -
FEE= $35/day/location
Signature indicating for Licensing Authority's Approval:
Date: 10/ I D/ a a'
Date
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#51 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
Public Farm-to-Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on:
Friday November 4, 2022 from 5:00pm -9:00pm
Approved by the Select Board
On October 17, 2022:
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
A barrier or signage should clearly delineate where
people are permitted to consume the alcohol served.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
NUMBER 2021-ODL – 46
2022-ODL-#52 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
Public Farm-to-Table Dinner
At the following address: 3038 Main Street, Brewster, MA 02631
This one-day permit is effective on:
Friday November 11, 2022 from 5:00pm -9:00pm
Approved by the Select Board
On October 17, 2022:
__________________________
__________________________
__________________________
__________________________
__________________________
Office of:
Select Board
Town Administrator
A barrier or signage should clearly delineate where
people are permitted to consume the alcohol served.
Rights-of-Way Program
Massachusetts Department of Agricultural Resources (MDAR)
251 Turnpike Road
Southborough, MA 01772
To whom it may concern:
The Select Board for the Town of Brewster is writing to express concerns regarding the recently released
draft of the Eversource 2023-2027 Vegetation Management Plan for Cape Cod (VMP). This draft is
essentially unchanged from the previous plan, in particular Eversource Energy again proposes to utilize
herbicides to treat their Rights-of-Way (ROW’s) in Brewster. While we support the goal of maintaining safe
and uninterrupted electrical service, we believe that this VMP is fundamentally flawed and as such cannot
adequately serve as a guiding document for Yearly Operational Plans (YOP’s) over the next five years.
Our concerns fall into four specific categories:
1. Opt Out Mechanism: The VMP lacks a mechanism for municipalities to opt out of annual herbicide
spraying on the rights of ways. With the number and diversity of sensitive areas along the ROW’s in
Brewster, the VMP must present alternative means to minimize and eliminate herbicide use. By
contrast, Massachusetts municipalities are allowed to opt out of mosquito spraying conducted by the
State Reclamation and Mosquito Control Board by providing an alternative mosquito management
plan. It is not without precedent, therefore, for MDAR to offer an opt out process for pesticide or
herbicide spraying.
2. Sensitive Area Definition, Identification, and Mapping: The VMP lacks an unambiguous chain of
responsibility for identification and mapping of sensitive areas. If these areas are not adequately
documented, Eversource cannot prevent impacts due to herbicide spraying on public health,
agricultural interests, and the environment which is their duty under Massachusetts law.
An example of perhaps the most striking and potentially harmful flaws in the VMP is the process for
identification of at-risk private wells. The VMP states “Maps are a resource and a tool for both the
public and the vegetation management crews, therefore, they contain the data needed to identify,
mark, and treat sensitive areas appropriately. Maps included in the YOP are updated every year as
new data becomes available.” This statement is apparently not put into operation with regard to
private drinking water wells. Below is an excerpt from a recent email exchange with the Eversource
Lead GIS Technician for Cape Cod:
From the Town of Brewster:
“I am writing with a question about how you determine where private wells are located on your YOP
maps.I work with the Natural Resources Department in the town of Brewster. We got a question from
a resident asking whether the YOP map is updated every year to reflect new private wells. I assume
they are, of course, but I couldn't find exactly what database or map layer you would be using to do
that. Not sure whether this is in your area or not but any help I could get to reassure the resident
would be much appreciated.”
From the Lead GIS Technician, Yarmouth:
“We do not track private wells on our maps. We contact digsafe for information about underground
utilities we need to know about.”
Private drinking water wells are among the most difficult sensitive areas to protect because public
records are not readily available. The VMP contains inadequate protocols for notification of abutters
as to their role in the treatment process, for example, abutting landowners need to know that
Eversource contractors are expecting them to post signs on the edge of the ROW to identify private
water supplies, including the perpendicular distance of the well from the ROW.
The Town of Brewster does not have confidence that the VMP protocol is adequate to protect its
residents.
3. Clean Water Act Compliance?: In a non-delegated state like Massachusetts, permitting of
discharges under the Clean Water Act (CWA) falls to the EPA. EPA issued a National Pollutant
Discharge Elimination System (NPDES) Pesticide General Permit (PGP) for point-source discharges
from the application of pesticides to waters of the United States in 2011, which was updated in 2021.
Biological and chemical pesticides are pollutants as defined under the CWA and as such are subject
to regulations applicable to pollutants. Courts have previously determined that applications of
pesticides are point sources. As a result of the Sixth Circuit’s decision, point source discharges to
waters of the United States from the application of pesticides require NPDES permits.
It is important to note that coverage under EPA’s Pesticide General Permit (PGP) is not available for
discharges to impaired waters, for example, the Pleasant Bay Watershed. Specifically,discharges of
pesticides are not authorized for coverage under the PGP to waters which are impaired for the active
ingredient of the pesticide or waters which are impaired for degradates of that active ingredient.
Several of the herbicides listed in the Rights of Way Sensitive Area Materials List have nitrogenous
breakdown products. Since the Pleasant Bay Watershed Permit has a TMDL for total nitrogen,
application of pesticides / herbicides to any ROW’s within the watershed is not covered by the PGP.
The Town of Brewster is unclear as to the authority of MDAR to authorize Eversource to apply
nitrogen-containing pesticides / herbicides near the Pleasant Bay Watershed or any other impaired
waters of the United States.
4. Right of Way Advisory Panel on the Public Record: The ultimate recommendations on any
adjustments to the VMP are made by the Right of Way Advisory Panel which has no requirement to
conduct public meetings. Thus, support for the final decision on acceptance of the VMP occurs
behind “closed doors.” The Town of Brewster believes that all aspects of the VMP approval should be
public.
We respectfully request of MDAR a response to our concerns prior to their acceptance of this fundamentally
flawed Eversource Five Year Vegetation Management Plan.
Thank you for your consideration.
Sincerely,
T H E C O MM O N W EA LT H O F M AS S A C HU S ET T S
E XECUTIVE O FFICE O F E NERGY A ND E NVIRONMENTAL A FFAIRS
Department of Agricultural Resources
251 Causeway Street, Suite 500, Boston, MA 02114
617-626-1700 fax: 617-626-1850 www.mass.gov/agr
CHARLES D. BAKER
Governor
KARYN E. POLITO
Lt. Governor
BETHANY A. CARD
Secretary
JOHN LEBEAUX
Commissioner
NOTICE: PUBLIC HEARING FOR VEGETATION MANAGEMENT PLAN
Pursuant to the Rights-of-Way Management Regulations (333 CMR 11.00) in order to apply pesticides to control
vegetation to maintain Rights-of-Ways, the Massachusetts Department of Agricultural Resources (MDAR) must
approve a Vegetation Management Plan (VMP) and a Yearly Operational Plan (YOP). The VMP is intended to
justify the need to control vegetation, identify target vegetation, describe the intended methods of control, describe
methods for identifying sensitive areas, describe operational guidelines for applicators, outline a program of
Integrated Pest Management (IPM) designed to reduce the use of herbicides, and describe alternative land use
activities.
The following municipalities are advised that Eversource Energy, proposes to utilize herbicides to treat their
Rights-of-Way on Cape Cod and Martha’s Vineyard:
MUNICIPALITIES
BARNSTABLE EDGARTOWN SANDWICH
BOURNE FALMOUTH TISBURY
BREWSTER HARWICH TRURO
CHATHAM MASHPEE WELLFLEET
DENNIS OAK BLUFFS YARMOUTH
EASTHAM ORLEANS
PUBLIC HEARINGS SCHEDULED:
In accordance with 333 CMR 11.05 MDAR will conduct a regional public hearing to receive public comment on
the proposed Vegetation Management Plan for the Eversource Energy, Cape Cod and Islands as submitted by
Eversource Energy.
To provide all interested parties an opportunity to comment on the proposed VMP, a public hearing will be held via
Zoom:
November 3, 2022, 11:00am-12:00pm
Meeting ID: 854 2364 7314
Passcode: 190512
https://us02web.zoom.us/meeting/register/tZEpdequqjwpG9AVRqHO4d7yN0Ywty08ReEZ
Available for Public Review Prior to Hearings:
Section 11.05 (3)(d) of the ROW Management Regulations provide: “At least 21 days prior to the end of the public
comment period, the applicant shall send a copy of the proposed VMP to the chief elected official, the Board of
Health, and the Conservation Commission in affected communities upon their request.” Such request should be
made to:
Page 2 of 2
William Hayes, Senior Arborist
Eversource Energy, Eastern MA
Vegetation Management
247 Station Drive, SE-370
Westwood, MA 02090-9230
781-441- 3932 (office)
The proposed VMP is posted at http://www.mass.gov/eea/agencies/agr/pesticides/vegetation-management-and-
yearly-operation-plans.html and https://www.eversource.com/content/ema-
c/residential/about/reliability/vegetation-management/transmission-system-vegetation-
management/transmission-vegetation-management-projects for reviewing. It is also available for review at the
Reference Desk of the following public library:
Jonathan Bourne Library, 19 Sandwich Road, Bourne, Massachusetts
Written Comments Requested
The public hearings listed above will give interested parties the opportunity to present data, views or arguments,
orally or in writing concerning the proposed VMP. Persons giving testimony are also requested to provide written
comments. Written comments in advance of the hearing dates are welcome. The Department will accept written
testimony concerning the Eversource Energy, Cape Cod and Islands VMP until the close of business (5pm):
Monday, November 7, 2022.
Commentary should be sent to:
Rights-of-Way Program
Massachusetts Department of Agricultural Resources
251 Turnpike Road
Southborough, MA 01772
Comments period closes end of business (5pm): Monday, November 7, 2022
EVERSOURCE ENERGY, EASTERN MA
FIVE YEAR VEGETATION MANAGEMENT PLAN FOR
CAPE COD AND MARTHA’S VINEYARD
(BARNSTABLE AND DUKES COUNTIES)
2023-2027
Submitted by:
Eversource Energy, Eastern MA
.
Submitted: August 31, 2022.
i
TABLE OF CONTENTS
1. Introduction 1
2. Goals and Objectives 3
3. Identification of Incompatible Vegetation 4
4. Integrated Vegetation Management 7
5. Mechanical Controls 10
6. Mechanical Controls: Benefits and Limitations 13
7. Chemical Controls 15
8. Chemical Controls: Justification, Rationale for Use and Guidelines as
part of an Integrated Vegetation Management Program
19
9. Definition, Identification and Treatment of Sensitive Areas 22
10. Operational Guidelines for Applicators relative to Herbicide Use 28
11. Alternative Land Uses 31
12. Remedial Spill and Emergency Plan 32
13. Identification and Qualification of Individual Developing and
Submitting the Plan 36
ILLUSTRATIONS
1. Grasslands Habitat in a Barrens Ecosystem 2
2. Wire Zone, Border Zone Approach 5
TABLES
1. Herbicide Manufacturers 33
2. State Agencies 33
3. Emergency Services 34
4. Local Emergency Numbers Table Format 34
5. Herbicide Spill Check List 35
APPENDICES
1. Electric System Maps
2. List of Municipalities
3. 333 CMR 11.00
4. Chapter 132B
5. Sensitive Area Table
6. Preface to 310 CMR 10.00
7. Wetlands Study
8. Chapter 85, Section 10
9. References
1
1. INTRODUCTION
Eversource Energy, Eastern MA (Eversource) hereby submits this Vegetation
Management Plan (VMP) in compliance with 333 CMR 11.00, Rights of Way
Management regulations (Appendix 3).1 One of the specific goals of 333 CMR 11.01:
Purpose (1) “Ensures that an Integrated Pest Management (IPM) approach to vegetation
management is utilized on all rights-of-way covered by 333 CMR 11.00.” Under ANSI
300 part 7, the American National Standards Institute (ANSI) defines IPM as IVM or
Integrated Vegetation Management.
Eversource Energy, Eastern MA delivers electricity to approximately 1.1 million
electric customers in 81 municipalities and it has a regulatory obligation to manage
vegetation located on company electric rights-of-way (ROW) and minimize adjacent
encroachments on powerlines to ensure the safe and reliable delivery of electric power to
its customers. Electricity is transmitted over 89 miles of electric transmission and 55
miles of electric distribution ROW throughout the seventeen communities within Cape
Cod and Martha’s Vineyard, Massachusetts (Appendices 1 & 2).
Eversource manages vegetation at its facilities in a safe, environmentally
responsible manner to comply with local, state, and federal laws and regulations. In this
effort, Eversource is responsible for maintaining its ROW free from hazards and
encroachments. Vegetation is one of the items that can interfere with electric service
causing electric service interruptions by direct and indirect contact, can inhibit access for
maintenance and inspection, can ignite wildfires, and become a safety risk. The
Eversource vegetation management program provides for the necessary safety, system
1A partial list of the regulations that Eversource must comply with that relate to the activities in this
document also include: Chapter 132 B, Pesticide Control Act (Appendix 4); all pertinent clauses in
Chapter 85 of the Acts of 2000 (Appendix 8); MESA; MGL c.131, Massachusetts Endangered Species Act
and its regulations, 321 CMR 10.00, Massachusetts Endangered Species Regulations; 310 CMR 10.00,
Wetlands Protection Regulations; 310 CMR 22.00, Drinking Water regulations; Chapter 216, An Act
Relative to the Emergency Service Response of Public Utility Companies; NERC Standard FAC-003-1,
Commissioner Order 69, and all applicable Federal Occupational Safety and Health Act, Department of
Transportation and Department of Environmental Protection regulations.
2
reliability, access to facilities, regulatory compliance, and security following industry
best management practices.2
Eversource’s program reduces the amount of herbicides by using selective
herbicides/application techniques at the lowest effective labeled rate, timing applications
for maximum effect, avoiding fixed application schedules, using mechanical control
techniques where appropriate, and encouraging low growing plant communities that
supports nature’s ability to regulate itself by inhibiting the germination and growth of tree
seedlings through competition (for light, moisture, nutrients) and depredation of wildlife
(browsing/feeding). This program allows for the safe delivery of reliable electric service
while minimizing the impact on property owners and supports a more diverse habitat for
wildlife that depends upon early successional landscapes.
Illustration 1: Grasslands Habitat in a Barrens Ecosystem
2 Miller, R.H. 2012. Best Management Practices: Integrated Vegetation Management.
Society of Arboriculture, Champaign, IL. Galen Guerrero-Murphy, Tim Follensbee II, and Jeff Disorda
2015. Best Management Practices (BMPs) for Protection of Threatened and Endangered Species during
Integrated Vegetation Management and Operations and Maintenance of Electric Transmission Lines in
Vermont. Environmental Concerns in Rights-of-Way Management, 11th International Symposium, Halifax,
Novia Scotia.
3
2. GOALS AND OBJECTIVES
Eversource has a regulatory obligation to manage the property under its electric
powerlines that it either owns in fee or has an easement right to maintain to ensure the
safe and reliable delivery of electric power to its customers. To achieve this goal,
Eversource has prepared this VMP that explains its’ practices and procedures to manage
incompatible vegetation that is undesirable, presents a safety hazard, or is unsuitable to
the intended use of the ROW.
Eversource’s VMP outlines and explains the standards of vegetation control
expected from a IVM program. This document serves to communicate objectives that
will be accomplished through the VMP, Yearly Operational Plans (YOPs) and
notification processes required by 333 CMR 11.00.
The following are individual objectives of Eversource’s vegetation management
program:
• To maintain ROW that ensures the safe and dependable delivery of electricity.
• To control vegetation that impedes ground and aerial inspections or interferes
with the ability to access the ROW and structures for maintenance or
emergencies.
• To encourage stable early successional ecological communities of primarily low
growing plant communities.
• To remove or control incompatible vegetation on the ROW, along access roads,
around structures, gates, and the perimeter of electric substations.
• To protect the Priority Habitat of State-Listed species.
• To control invasive and poisonous plant species.
• To follow all sensitive areas restrictions listed in 333 CMR 11.04.
• To ensure that all vegetation management operations are conducted in a safe,
effective manner and in conformity with all federal and state laws, regulations,
and permit conditions.
• To use experienced, trained vegetation management personnel with
Massachusetts pesticide applicator licenses working under the direct supervision
of a Commercial Certified Rights of Way Category 40 applicator.
• To maintain the flexibility necessary to accommodate unique situations and the
need for more appropriate techniques in accordance with new regulations,
scientific advances, operational experience and/or comments from municipalities,
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state agencies and contractors (when necessary, following the procedures in 333
CMR 11.05(4)(d)).
• To present a clear, constructive explanation of Eversource’s vegetation
maintenance program to external stakeholders, including abutting landowners,
state and municipal officials, contractors, and the public.
3. IDENTIFICATION OF INCOMPATIBLE VEGETATION
EVERSOURCE ELECTRIC ROW
Pursuant to the policy and intent set forth in Eversource’s VMP, all vegetation
that is incompatible must be removed that obscures the ROW corridors and grow tall
enough to interfere with the safe, efficient, and legal operation of an electrical power
line. The wire-border zone approach is a management philosophy that can be applied
through cultural control. The wire zone is managed to promote a low-growing plant
community dominated by grasses, flowers, ferns, and small shrubs under 3 feet in height
at maturity. The allowed mature plant height may be modified, up to 15 feet in height at
maturity by species, to accommodate established herbaceous or woody plant
communities that protect the electric facility and reduce long-term maintenance and
aesthetic values. All other plants with a mature height greater than 15 feet will be
removed. The wire zone shall include the area directly beneath the overhead conductors
extending outward a distance from the outermost conductor(s) based on voltage. The
wire zone from the outermost conductor is 25 feet for voltage less than 230kv and 35
feet for voltage greater than or equal to 230kV. In the border zone woody vegetation that
obtain heights greater than 25 feet at maturity by species at the time of maintenance will
be removed. All other shrub species may remain where practical. The wire zone border
zone approach is Two-Zone maintenance. Some ROW corridors will be maintained as a
wire zone only given the distance from the outermost conductor based on voltage is the
edge of the cleared ROW resulting in One-Zone maintenance (see Illustration 2).
5
Illustration 2: Wire Zone Border Zone Approach
Examples of incompatible tree species include, but are not limited to:
Alder Cherry Pine
Aspen Hemlock Maple
Beech Hickory Oak
Birch Locust Sassafras
Compatible vegetation species can thrive on an Electric ROW. Many plant and
animal species use ROW as their homes, feeding grounds or nurseries. Certain plant
species, therefore, are generally encouraged on the ROW using an IVM program:
• Most herbaceous growth is acceptable and encouraged throughout the
ROW.
• Small trees and shrubs that mature less than 25 feet in height (Border
Zone) are not usually incompatible unless due to their location or
attributes they interfere with the function of the ROW.
Certain categories of non-tree species may be incompatible because of their
location and/or their nature. Dense woody vegetation, shrubs and vines are incompatible
where they are capable of interfering with the inspection and maintenance of the poles,
wires, and along access roads, paths and gates which need to be kept clear, especially for
emergencies. Invasive, poisonous and nuisance plant species are incompatible.
6
INVASIVE, POISONOUS PLANTS AND NUISANCE PLANT SPECIES
Eversource intends to control invasive, poisonous and nuisance plant species with
herbicides and mechanical treatment methods within the ROW.
Nuisance Vegetation
Nuisance vegetation is plant species that pose a risk to the safety and health of
individuals working on or traversing a ROW and it can impede a rapid response in an
emergency. These plants have heavy thorns, dense foliage and/or impenetrable stems
(many are also invasive plant species); examples include, but are not limited to,
blackberries, raspberries, grapevines, and many invasive plant species. Eversource
plans to use a combination of mechanical and chemical treatment methods to reduce
their spread.
Poisonous Plants
Massachusetts, particularly the southeast, has an abundant population of poison
ivy and other poisonous plants. This poses a health hazard to Eversource personnel,
contractors and the public-at-large. Mechanical methods do not reduce the spread of these
populations—particularly poison ivy—therefore Eversource plans to use herbicides to
spot treat poisonous plants at sites identified as having a risk of posing a health hazard.
Invasive Plant Species
Invasive plant species have become an increasing concern throughout
Massachusetts in areas that include ROW corridors where they can spread rapidly. Many
of these non-native plant species were planted for their showy flowers, vigorous growth,
erosion control and abundant fruits that attract wildlife. According to the Massachusetts
Invasive Plant Advisory Group, "invasive plants" are non-native species that have spread
into native or minimally managed plant systems in Massachusetts.
https://www.mass.gov/service-details/invasive-plants
7
These plants cause economic or environmental harm by developing self-
sustaining populations and becoming dominant and/or disruptive to those systems.
Eversource's IVM program considers the control of invasive plants using both
mechanical and/or chemical control techniques, as necessary in specific locations.
Identification During Vegetation Management Activities
To ensure the accurate identification of compatible and incompatible vegetation,
all vegetation management contractors are required to supply personnel trained to
recognize plant species typically found growing on utility sites and to recognize the
difference between compatible and incompatible vegetation: This training includes how
to identify early successional communities that are preferred on electric ROW.
4. INTEGRATED VEGETATION MANAGEMENT
333 CMR 11.01(1) requires that all right-of-way managers “Ensure that an
Integrated Pest Management (IPM) approach to vegetation management is utilized on all
rights-of-way covered by 333 CMR 11.00.”. The purpose in implementing the vegetation
control program in this VMP is to advance the consistent and safe operation of
Eversource’s ROW using the appropriate industry standard IVM program. Eversource’s
IVM program will use all appropriate IVM methods available including mechanical,
chemical, cultural, and biological control methods. Mechanical and chemical control
methods facilitate development of a low-growing plant community that in time will
become the cultural control over the plant community.
Eversource’s IVM program takes into consideration all factors involved in the
maintenance and operation of electric ROW that includes:
• An understanding of the conditions existing on its ROW.
• An understanding of federal and state regulatory mandates that dictate what
vegetation is compatible or incompatible on its ROW.
• The regulatory agencies mandated goals and objectives of utility ROW vegetation
management.
• The most current treatment methods.
8
• The intent to prevent unreasonable adverse effects to the environment and the
safety and health of non-target organisms.
• The economic effects of the treatment both for Eversource and their customers,
including the need to deliver energy products safely and economically.
• Monitoring and the ability to adapt the program to both current and arising
ecological conditions.3
Eversource looks to the longest, most respected and benchmark study of the use
of IVM on Electric ROW for the foundation of its IVM program. Scholars have studied
various research plots on Pennsylvania ROW (popularly known as the “Bramble and
Burns” studies) for the past sixty-years. In this continuous study the working definition
of IVM is:
…elimination of target [incompatible] trees (undesirable tree species, e.g., tall,
rapid-growing trees that eventually may cause a power outage) via herbicide or
mechanical means…. [and the] development of a tree-resistant plant cover type
that eliminates or delays invasion of target [incompatible] trees on the ROW.4
There is no single definition of IVM that suits every situation and every entity.
According to the United State Environmental Protection Agency, Office of Pesticide
Programs:
“[Utility] Integrated Vegetation Management (IVM) is generally defined
as the practice of promoting desirable, stable, low-growing plant
communities…. These methods include a combination of chemical,
biological, cultural, mechanical, and/or manual treatments…. Each IVM
program is designed around individual goals, needs, and resources….
Consequently, every IVM program is unique.”
https://www.epa.gov/pesp/integrated-vegetation-management-ivm-practices-around-utility-rights-way
3Christopher A. Nowak & Benjamin D Ballard. “A Framework for Applying Integrated Vegetation
Management on Rights-of-Way.” Journal of Arboriculture 31(1) (January 2005): 28-37.
4Yahner, R.H. and R.J. Hutnik. 2005. Integrated Vegetation Management on an electric
transmission right-of-way in Pennsylvania, U.S. Journal of Arboriculture. 30:295-300Richard H. Yahner
“State Game Lands 33 Research and Demonstration Project—57 years of Continuous Study on the
Shawville to Lewiston 230-kV line of First Energy (Penelec). 2009: 9; Yahner. “2009 Annual Report to
Cooperators. Green Lane Research and Demonstration Project: 23 Years of Continuous Study.” (2009): 8;
Yahner. “Wildlife Response to More than 50 years of Vegetation Maintenance on a Pennsylvania U.S.,
Right-of-Way.” Journal of Arboriculture 30(2) (March 2004).
9
Eversource’s IVM program follows a New England conditions-based variation of
the ANSI Standards 300, Part 7 Integrated Vegetation Management. A combination of
herbicide (chemical methods) applications and mechanical (mechanical—handheld and
large equipment—methods) treatments that support the ability of early successional
ecological communities. It also takes into consideration compatible land uses that
eliminate the need to control incompatible vegetation such as parks, lawns, pastures, etc.
(cultural methods).
On its own, and without following a treatment cycle that utilizes chemical and
mechanical methods every three to five years, the natural/biological method is not a
permanent solution as plant life is by its nature unstable, it is, however, governed by the
relatively predictable process of change in composition or structure of ecological
succession. In New England, succession strives towards the mature (climax) forest, but is
interrupted by natural or man-made disturbances both intentionally and accidentally.
Utility IVM programs are an intentional man-made disturbance that supports the need to
deliver energy products by encouraging early successional ecological communities. This
is achieved by discouraging the establishment of and when necessary removing certain
types of vegetation. Eversource’s approach reduces the amount of herbicide used by
using selective herbicides/application techniques at the lowest effective label rate, timing
applications for maximum effect, avoiding fixed application schedules, using mechanical
control techniques where appropriate, and encouraging low growing plant communities.
Mechanical and chemical controls are the direct techniques used to target
incompatible vegetation and include mowing, hand-cutting, side pruning, tree removals
and herbicide applications. Utilizing these techniques allows lower growing plants the
opportunity to form sustainable ecological communities. Regeneration of low growing
native plants is a vital part to our utility IVM program because native plants have a much
better chance for survival, especially during adverse growing conditions; planted
vegetation often fails due to site-species incompatibility.
In our IVM program, these early successional ecological communities lower the
dependence on chemical and mechanical controls. Our program reduces the future use of
chemicals and reduces disturbance caused by mechanical controls. At the same time,
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discouraging succession relies on selective chemical and mechanical treatments. All
methods depend upon the others in a continuous cycle that employs the unique
advantages of each. Without combining all methods, incompatible plant species develop
increased stem densities that require more intense control measures, and ecological
succession continues its path to the mature forest.
IVM allows for treatment cycles to be lengthened with fewer incompatible species on the
ROW that require control. There is over sixty years’ worth of evidence in New England
showing that this approach has, over time, significantly reduced the per- acre application
rate of herbicides on utility ROW and reduced the need for intensive mechanical
controls. 5 Following this approach the company has over time, reduced the amount of
herbicide used per acre. Our rights-of-way were once dominated by high stem densities
of incompatible tree species in a mechanical program only. Since implementing the 5-
year Vegetation Management Plans using an IVM based program results in the average
rate per acre of applied herbicide mixes starting at approximately 3 gallons (24 pints).
ROW that has IVM cycles using selective herbicide applications have had incompatible
woody stem densities reduced and a more diverse desirable vegetation cover, resulting in
average rate per acre at approximately 1-1½ (8-10 pints) gallons per acre. ROW that has
had an inconsistent IVM program such as the Cape & Vineyard may have per acre rates
of herbicide on specific ROW revert closer to the 3 gallons because of increased stem
density due to the interrupted IVM program of mechanical only. When the ROW IVM
cycle is consistent the herbicide usage will reflect that ROW reduced herbicide usage.
Today many of the company’s ROW have less mechanical control necessary on the floor
as there are fewer incompatible species on the ROW that require control. The mechanical
control efforts are concentrated on side pruning and removing trees at the easement
edges of the ROW.
5Environmental Consultants, Inc. “Study of the Impact of Vegetation Management Techniques on
Wetlands for Utility Rights of Way in the Commonwealth of Massachusetts.” Prepared for New England
Electric et.al, 1989; Environmental Consultants, Inc. “Determination of the Effectiveness of Herbicide
Buffer Zones in Protecting Water Quality on New York State Powerline Rights-of-Way.” Final report for
the Empire State Electric Energy Research Corporation, 1991; K.H. Deubert. “Studies on the Fate of
Garlon 3A and Tordon 101 Used in Selective Foliar Application in the Maintenance of Utility
Rights of Way in Eastern Massachusetts.” Final Report prepared for New England Electric et.al., 1985.
N.H. Nickerson, G.E. Moore, and A.D. Cutter. “Study of the Environmental Fates of Herbicides in Wetland
Soils on Electric Utility Rights-of-Way in Massachusetts over the Short Term.” Final Report prepared for
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New England Electric et.al, December 1994; Matt Hickler, NHESP approved Review Biologist, Reports for
TransCanada, National Grid, NSTAR Electric, and Northeast Utilities under 321 CMR 10.00
Massachusetts Endangered Species Act Regulations, 2006-2010; “Utility Transmission Forestry Herbicide
Use Summary Records” for NSTAR Electric, Vermont Electric Power Company, TransCanada Hydro
Northeast, Inc and National Grid USA Electric Companies (see National Grid 5 year VMP 2009-2013, p.
9); C.A. Nowak and L.P. Abrahamson, “Vegetation Management on Electric Transmission Line Rights-of-
Way in New York State: The Stability Approach to Reducing Herbicide Use.” Proceedings of the
International Conference on Forest Vegetation Management, Auburn University, April 1993.
5. MECHANICAL CONTROLS
Mechanical controls include hand cutting, mowing of trees and incompatible
brush, side pruning and removal of mature trees. Eversource vendors comply with the
ANSI A300 (part1) for Tree Care Operations- Tree, Shrub, and other Woody Plant
Management – Standards Practices (Pruning). The following section lists their uses and
sets some basic guidelines.
HAND CUTTING
Definition:
The use of chainsaws and brush saws to remove the stem and/or branches from
the plant’s root system.
Uses:
• Incompatible vegetation 15’ tall at maturity and over.
• Pitch pine, Pinus rigida exceeding 6’ in height or all conifers.
• In easement restricted areas.
• In chemical restricted sensitive areas.
• Allows for selectivity in targeting incompatible vegetation.
Operational Practices:
• Trees are cut as close to the ground as possible so that stump height is no
higher than root flare.
• Cut stems are windrowed or chipped.
• Depending on the situation windrow are positioned parallel along the edge
of the ROW corridor and should not exceed 2ft. in height.
• Cut woody vegetation in yards or recreational sites will be chipped and
disposed of or removed to adjacent areas.
• Cut woody vegetation is not left on or across paths, roads, fence lines, stone
walls or in waterways or in such a manner that would permit it to wash into
these areas.
• The placement of cut woody vegetation must comply with applicable State
Fire Marshall’s regulations.
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• Chipping is used on sites designated by Eversource when leaving brush
piles is prohibited or impractical.
• No chips shall be left in wetlands.
• All cut cherry and red maple is removed from private property active
pastures as it is a hazard to grazing animals.
MOWING
Definition:
The cutting, severing, or shattering of vegetation by large rotary or flail mowers.
These heavy-duty mowers, usually ranging from 3-8 feet wide, are typically
mounted on large four-wheel drive rubber-tired tractors or tracked vehicles.
Uses:
• Can be the preferred mechanical technique, especially on sites where
extremely tall and dense incompatible vegetation makes hand cutting
inefficient and expensive.
• Where herbicides are prohibited.
• Inspections of vegetation conditions during ROW patrols.
Operational Practices:
• Mowing may be restricted by terrain conditions such as steep, rocky sites
or wet soils.
• It necessitates the use of hand cutting methods next to obstructions such as
stone walls and fence lines.
• Mowing brush can throw large chips and debris great distances from the
cutting equipment and requires employing someone to prevent people and
animals from coming too close to the work site.
• Care will be taken to accurately locate the bounds of activity, to minimize
erosion and potential damage due to ruts, and to minimize impact to the
environment.
• Measures may include matting of wetland areas, installation of silt fences
and chipping and removal of all debris.
SIDE PRUNING
Definition:
Side pruning or removal of encroaching tops and/or branches of trees growing on
or near a ROW. This management technique is usually accomplished using an
aerial lift mounted on either an oversized truck or off-road vehicle. Tree climbing
is sometimes employed in situations where terrain prevents the passage of
equipment.
Uses:
• Maintaining the edge definition of the ROW corridor.
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• Facilitates, expedites, and increases efficiency of the inspections
of vegetation conditions during ROW patrols.
Operational Practices:
• All pruning activities are performed in accordance with proper
arboriculture practices to insure the health and aesthetic value of the trees
as well as all applicable regulations.
REMOVALS
Definition:
Removal of trees that have become a hazard to the ROW or that may have been
overlooked in previous treatment cycles and allowed to encroach the ROW and
the lines and conductors. In these cases, trees will be removed in such a way that
they cannot strike wires, guy wires, structures, appurtenances, and adjacent
properties. In most cases, these trees will be addressed using aerial lift equipment,
but may require climbing where terrain dictates. Larger overhanging limbs may
require rigging to safely control the fall of cut material. Trees that do not
overhang or directly threaten the line may be “pieced down” by removing
material from the top down in small sections that cannot strike the line or cause
damage. In cases of severe encroachment on a larger scale, qualified and
appropriate timber harvesting equipment and contractors may be employed to
clear the ROW up to the edge of easement.
Uses:
• To keep trees from striking electric conductors, guy wires and structures.
• Maintaining the edge definition of the ROW corridor.
• Facilitates, expedites, and increases efficiency of the inspections
of vegetation conditions during ROW patrols.
Operational Practices:
• All removal activities will be performed by qualified line clearance
arborists.
• Care will be taken to accurately locate the bounds of activity, to minimize
erosion and potential damage due to ruts, and to minimize impact to the
environment.
• Measures may include matting of wetland areas, installation of silt fences
and chipping and removal of all debris.
6. MECHANICAL CONTROLS: BENEFITS AND LIMITATIONS
Eversource’s IVM program does not function without mechanical controls.
Between regulatory restrictions and the need to free access to treatment areas, chemical
14
controls cannot work without mechanical controls. Likewise, mechanical controls and
chemical controls work together to support the establishment and viability of early
successional ecological communities.
Mechanical controls are the preferred method in some areas where the use of
herbicides may be prohibited or restricted in various sensitive areas leaving mechanical
treatment methods as the only option. Sensitive areas include defined distances per
regulation near drinking water supplies both private and public, wetlands or water over
wetlands, rivers, certified/potential vernal pools, and agricultural or inhabited areas (see
section nine). Certain Priority Habitats defined by Massachusetts Division of Fisheries
and Wildlife, Natural Heritage and Endangered Species Program (NHESP) call for the
use of mowing instead of, or in conjunction with herbicide applications to encourage or
restrict the height of various host plants.
Mechanical treatment methods are also used in the following situations: on
vegetation over 15 feet in mature height; in preparation for some herbicide treatments; in
individual areas deemed as sensitive; around structures; on access roads; to clear
easements; and in areas of thick impenetrable vegetation. Large areas of high-density
incompatible species have exceeded maximum herbicide treatment heights, a mechanical
treatment may be more practical, followed in one or two growing seasons, by an
herbicide application to obtain effective control. This includes along the easement edges
where trees are cleared or pruned maintaining the width of the ROW. The electric utility
easements are areas of a property that were defined for use by utility companies when the
property was first put on a property map.
Upon establishing the easement edge, the cleared area of the ROW is managed by
the Wire Zone, Border Zone approach using the appropriate treatment methods;
mechanical controls on their own are only a short-term solution to controlling vegetation
on a ROW system. Mechanically cut vegetation often re-sprouts with multiples of stems
from dormant buds on the root collar resulting in a stem density/stocking that is
significantly greater than the original vegetation cut. An annual program that uses only
mechanical treatment cycles increases dense areas of woody vegetation. This vegetation
competes with and dominates the low growing vegetation Eversource wishes to
encourage.
15
When relying on mechanical control methods alone, dense areas of incompatible
vegetation can become costly and dangerous to hand-cut with power saws and are best
controlled by mowing. Large mowing equipment, although an excellent IVM tool, can
have a negative impact on compatible plant communities whose establishment is crucial
to developing successful natural controls. Mowing can also create a potential seedbed for
fast growing, pioneering incompatible species such as poplars, cherries, birches, and
various invasive species. This can increase the frequency of the maintenance cycle and
destroy the dominance of stable, diverse early successional plant communities. Similarly,
sensitive areas, such as wetlands and residential areas can be adversely impacted when
crossed by mechanical maintenance equipment.
7. CHEMICAL CONTROLS
Chemical controls are herbicide applications which include foliar, basal, and cut
stump surface treatments (CST), and plant growth regulator (PGR) applications. They
are a vital year-round component of an IVM program in establishing and stabilizing early
successional plant communities and the development of natural controls to maintain this
goal. The following sections lists their uses and sets some basic guidelines.
GENERAL GUIDELINES
• Eversource requires an advance person or “prep-cutting” crew to patrol the ROW
before the herbicide application operation.
• Sensitive areas will be identified and appropriately measured and flagged, then
verified and recorded when appropriate in cooperation with local water suppliers
and conservation commissions.
• Herbicides will NOT be applied during the following adverse weather conditions:
No herbicide shall be applied when the wind velocity is such that there is a
high propensity to drift off target and/or during measurable precipitation,
and no person shall apply herbicides in such a manner that results in drift
into any No-spray Area.
CST or basal applications during periods of heavy rainfall.
Foliar applications of volatile herbicides when temperatures exceed 89
degrees Fahrenheit and low humidity.
CST or Basal application when deep snow (i.e., 6” plus or ice frozen
on stem or stump) prevents adequate coverage of incompatible species
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to facilitate acceptable control.
Basal applications when the stems are excessively wet from moisture.
• Herbicides are not applied:
To vegetation standing in surface water.
Within Sensitive Areas per 333 CMR 11.00,
• All conifers over six feet tall will be controlled by cutting.
FOLIAGE APPLICATIONS
Definitions:
The application of herbicides to fully developed leaves, stems, needles, or blades
of a plant.
Low Volume Foliar:
Hand-operated pumps or motorized, backpack sprayers with herbicide
concentrations per the manufacturers’ label(s). The motorized backpack
sprayer produces an air current that delivers the herbicide mixture from the
portable spray tank to the targeted vegetation. The hand sprayer uses a
column of water. In both cases, the amount of herbicide solution applied only
dampens or lightly wets the targeted vegetation, instead of being applied to
the point of run-off. This minimizes the amount of excess herbicide drip from
incompatible species onto desirable ground cover. Low volume applications
also eliminate the need to bring heavy equipment on the ROW for the
transportation of significant quantities of herbicide solution.
Modified Low Volume Foliar:
Uniform, penetrating herbicide mixtures delivered to dense incompatible
vegetation. This technique usually involves 200 to 500 gallon hydraulic
sprayers mounted on a truck or tractor equipped with several hundred feet of
hose and hand-held spray guns. The herbicide mixture can be directed to
specific plants for spot treatments or broadcast for uniform coverage in dense
thickets of nuisance plants such as poisonous or invasive plant species.
Uses:
• An effective control method in light and medium brush densities.
• Effective control of some invasive, nuisance and poisonous vegetation.
• Contributes to establishing and stabilizing early successional plant
communities.
• Allows for selectivity in targeting vegetation based on the weeds the
herbicide impacts.
17
General Guidelines:
• Herbicides are mixed per label instructions.
• Herbicides are applied as a uniform spray over the entire plant's foliage.
• Low pressure foliar application equipment will be adjusted to apply a
spray pattern that achieves effective control at the lowest application rate.
• Application period usually extends from early June through the beginning
of leaf drop in early fall.
• Anti-drift agents are added to the mix or solution in all foliage
applications to reduce the potential of herbicide drift beyond targeted
vegetation—drift control agents reduce the break-up of sprays into fine
droplets and offer increased selectivity, leaf tissue penetration, and
herbicide deposition on targeted vegetation.
• Foliar applications can be made, and are effective, in light mist conditions.
• When foliar applications are stopped by rainfall, treatment will not resume
until the rain ends and water no longer creates a shield to accept herbicide
application.
• No herbicide shall be applied when the wind velocity is such that there is
a high propensity to drift off target and/or during measurable
precipitation, and no person shall apply herbicides in such a manner that
results in drift into any No-spray Area.
LOW-VOLUME STEM BASAL
Definition:
• The selective application of herbicides in an oil solution to the lower 12-
15 inches of the stem using a solid cone or flat fan nozzle.
Uses:
• Year-round application technique, except during deep snow conditions
that cover the target area.
• Typically employed during the non-foliage season when targeted stems
are easier to identify without the interference of lush, tall grasses or ferns.
• A way to tackle inaccessible areas such as steep banks.
Guidelines:
• Utilizes hand-operated backpack sprayers.
• Use a basal oil made for herbicide application to penetrate the bark.
• Not an appropriate method to control high stem densities due to high
herbicide rates per acre.
• Extending the herbicide treatment period beyond the foliage season
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justifies using this technique for appropriate vegetation conditions.
• May be the appropriate choice for visually sensitive areas.
CUT STUMP SURFACE TREATMENT (CST)
Definition:
The application of an herbicide mixture to the cut surface of a stump immediately
following or during a cutting operation using an herbicide concentration, diluted
in water or a non-freezing solution.
Uses:
• Year-round applications except during deep snow conditions that prevent
cutting the stumps low enough.
• Offers the opportunity to chemically treat incompatible vegetation where
other methods are not possible.
• Commonly used to prevent re-sprouts when hand cutting vegetation.
Guidelines:
• Application equipment includes low-volume, backpack, hand-pump
sprayers; handheld squirt bottles; paintbrushes, or sponge applicators.
• Only necessary to treat the phloem and cambium tissue, regardless of the
stump diameter.
• Treatment made to cut stumps per label instructions.
• Best to avoid using it during the season of bud swell to full leaf expansion.
• Not practical in moderate to heavy stem densities.
TREE GROWTH REGULATORS (TGR)
Definition:
Tree Growth Regulators (TGRs) are plant growth regulator chemicals that
manage or reduce the potential growth rate of trees.
Uses:
• Useful especially along street distribution lines where repetitive trimming
is necessary to maintain adequate tree-wire clearances.
• Can lengthen the time frame between trimming cycles and improve the
aesthetics of street and yard trees that may otherwise require removal or
severe pruning.
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Guidelines:
• Applied as basal drench around the base of the tree.
• Applied as a soil injection next to the buttress root zone.
8. CHEMICAL CONTROLS: JUSTIFICATION, RATIONALE FOR USE
AND GUIDELINES AS PART OF AN INTEGRATED VEGETATION
MANAGEMENT PROGRAM
State and federal regulations require Eversource to deliver energy products to its
customers in a safe and efficient manner and to control vegetation on its ROW. To meet
these obligations in an ecologically sound manner, as discussed above and according to a
wide range of studies this is best completed by stabilizing early successional ecological
communities on ROW.6 Eversource needs to use all treatment methods available to
encourage a landscape that is both accessible and sustainable.
In our IVM program, chemical controls are an important method to achieve long
term vegetation control. Herbicides control the entire plant, including the root system.
Eliminating the ability of the treated plants to return also increases the length of time
between treatment cycles by reducing their recurrence and stem counts. This is achieved
by scheduling herbicide applications to sustain acceptable vegetation control at minimal
application rates.7 When these factors are taken into consideration herbicide applications
can minimize the amount of manpower and equipment and their repeated impact on the
environment, including the much greater potential for unintended larger petroleum and
hydraulic fluid leaks from mechanical equipment.
6Belisle, Francis. “Wildlife Use of Riparian Vegetation Buffer Zones in High Voltage Powerline Rights-of-
Way in the Quebec Boreal Forest.” 7th International Symposium on Environmental Concerns in Rights-of-
Way Management, 1999; Confer, John L. “Management, Vegetative Structure and Shrubland Birds of
Rights-of-Way,” 7th International Symposium on Environmental Concerns in Rights-of-Way Management,
1999; CVPS. “Central Vermont Public Service Corporations 2006 Strategy; T&D Forestry,”’ Rutland,
VT, 2006; Niering, William A. “Roadside Use of Native Plants: Working with Succession, An Ecological
Approach in Preserving Biodiversity.” Roadside Use of Native Plants:
http://www.environment.fhwa.dot.gov/ecosystems/vegmgmt_rdsduse.asp.
7Utility Transmission Forestry Herbicide Use Summary Records; Nowak & Abrahamson.
20
The herbicide formulations are applied selectively by low-volume methods that
dry quickly on the plant surface, which significantly restricts the greatest potential for
off-target exposure. Additionally, anti-drift adjuvants that can be adjusted to
accommodate changes in wind velocity are included in all foliage applications to further
limit the likelihood of unintentional exposure to non-target organisms. Applications are
not made in situations when there is a reasonable expectation that herbicides will drift
from the targeted vegetation, or during measurable precipitation.
The pesticide program of the Massachusetts Department of Agricultural
Resources (MDAR) established a Sensitive Area Material List to help reduce the
potential of any negative impact using herbicides in sensitive areas defined in 333 CMR
11.04. All the herbicides on this list have gone through extensive testing to be considered
for registration by the Environmental Protection Agency (EPA). Before being included
on the Sensitive Area Materials List, they go under further scrutiny by MDAR and
Massachusetts Department of Environmental Protection (MDEP).
MDAR Sensitive Area Materials List:
https://www.mass.gov/service-details/rights-of-way-sensitive-area-materials-list
Selective herbicides applications do not adversely affect wetland plant
composition or function according to the study cited in the DFA Decision Concerning
The Wetland Impact Study Conducted Pursuant to 333 CMR 11.04(4)(c)(2)8 (Appendix
7). According to the 1989 study by Environmental Consultants, Inc. quoted in the
Decision, mechanical vegetation control techniques result in significantly greater impact
on wetland composition and function.
Herbicide applications can be more selective than mechanical treatment methods.
Selective herbicide applications encourage plant species diversity by targeting only
incompatible vegetation for removal. They offer varied degrees of selectivity and favor
certain types of plants; for example, broadleaf vegetation can be controlled with little or
no impact to grasses.
8 DFA is now MDAR.
21
A continual cycle of selective herbicide applications as part of an IVM program,
therefore, promotes low-growing plant communities while reducing the density of
incompatible species and reduces the herbicide use rates9
Most plant species are best controlled by early recognition and intervention using
chemical controls. A quick response with the flexibility to use the appropriate control
methods will reduce the likelihood of severe infestations.
Selective herbicide applications can be much less destructive than mowing to
nesting sites and the vegetation necessary for food and cover. Minor site disturbance is
associated with selective herbicide applications. For example: to control the dense re-
sprouts resulting from a mowing operation requires higher per acre rates of applied
herbicide to achieve acceptable control than a selective herbicide/cutting application.
This is not to say that mowing is not a significant component in an IVM program.
Both control methods need to be used in combination with hand cutting techniques to
cover all situations. In fact, thoughtful, carefully planned, selective herbicide
applications in combination with mechanical controls, where appropriate, promote
wildlife habitat by encouraging plant species diversity.10
Herbicide application equipment that is well maintained incorporating the most
up-to-date features and the requirement that licensed contractors apply herbicides per
label instructions minimizes environmental site damage. Herbicides, particularly when
applied selectively by low-volume methods, dry quickly on the plant surface, thereby
significantly restricting the greatest potential for dermal exposure. The use of anti-drift
adjuvants in all foliage applications that can be adjusted to accommodate changes in wind
velocity further limit the likelihood of unintentional exposure to non-target organisms.
9 John Gwozdz, Lewis Payne, Kendra Gorski, and Jim Kooser 2015. Herbicide Use Rates over Four Treatment Cycle: Proof the
IVM tool is working Environmental Concerns in Rights-of-Way Management, 11th International Symposium, Halifax, Novia
Scotia.
10A brief list of examples includes W.C. Bramble and W.R. Burns. “A long-term ecological study of game
food and cover on a sprayed utility right-of-way.” Bulletin No. 918, Purdue University (1974):16; Yahner.
“Wildlife Response to More than 50 years of Vegetation Maintenance on a Pennsylvania U.S., Right-of-
Way”: 123; James S. Marshall and L.W. Vandruff. Impact of Selective Herbicide Right-of-Way Vegetation
Treatment on Birds. Environmental Management 30(6) (December 2002): 801-806.
22
The selection of the herbicides coupled with the appropriate treatment methods is
made with consideration given to the environmental sensitivity of a ROW or site within a
ROW. For example, incompatible species, such as non-sprouting conifers, are generally
not treated since herbicide treatment is not necessary for control. Exceptions to this
general guideline are made where white pine regeneration has seeded in large thick
“carpets” and mowing would be more destructive than an herbicide application.
The herbicides, applications and other treatment methods used on any given
ROW are selected based on site sensitivity, species composition and density. Herbicides
will not be used in certain areas if site sensitivity, regulations, new restrictions, or species
composition or height require otherwise. Eversource chooses the most appropriate
treatment methods to meet its goals, objectives, and obligations. The most
responsible solution is to use all three components of IVM where appropriate.
9. DEFINITION, IDENTIFICATION AND TREATMENT OF
SENSITIVE AREAS
Per 333 CMR 11.02, sensitive areas are "any areas within rights-of-way...in which
public health, environmental or agricultural concerns warrant special protection to further
minimize risks of unreasonable adverse effects." They include, but are not limited to, the
following:
Water Supplies
- Zone I’s
- Zone II’s
- IWPA’s (Interim Wellhead Protection Areas)
- Class A Surface Water Sources
- Tributaries to a Class A Surface Water Source
- Class B Drinking Water Intakes
- Private Wells
Surface Waters
- Wetlands
- Water Over Wetlands
- The Mean Annual High-Water Line of a River
- The Outer Boundary of a Riverfront Area
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- Certified Vernal Pools
Cultural Sites
- Agricultural Areas
- Inhabited Areas
Wildlife Areas
- Certified Vernal Pool Habitat
- Priority Habitat
Sensitive areas consist of no-spray areas in which herbicide use is prohibited,
limited spray areas, and areas that require sensitive area restrictions. Protecting these
environmentally sensitive sites is accomplished by establishing limited spray and no-
spray areas and treatment restrictions based on the sensitivity of each site and the
requirement to minimize any unreasonable adverse impacts within that area (See
Appendix 5).
The herbicides included in the Herbicides Recommended for Use in Sensitive
Areas List (Sensitive Area Materials List) will be applied in limited spray areas according
to the application restrictions in 333 CMR 11.04 or in the case of Priority Habitat,
approval of the YOP by the Natural Heritage and Endangered Species Program of the
Massachusetts Department of Fisheries and Wildlife (NHESP). A current copy of the
Sensitive Areas Materials List and MDAR approved active ingredient fact sheets are
available at:
https://www.mass.gov/service-details/rights-of-way-vegetation-management-vmps-yops-
and-notices
IDENTIFICATION OF SENSITIVE AREAS
Sensitive areas can be divided into two additional categories that help identify and
treat them: “readily identifiable in the field” and “not readily identifiable in the field.”
Readily identifiable in the field areas will be identified, marked, and treated when
appropriate, marked according to all applicable restrictions listed in 333 CMR 11.00. Not
readily identifiable in the field areas will likewise be marked and treated when
appropriate, but they are identified in the field using data marked on maps and collected
in the YOP and notification processes.
• Sensitive areas usually identifiable in the field, include but are not limited to
24
surface water, some private and public water supplies, wetlands, inhabited and
agricultural areas.
• Sensitive areas not usually identifiable in the field, including, but are not limited
to designated public surface water supplies, public ground water supplies, some
private drinking supplies, the first 400 feet of water supply tributaries, certified
vernal pools, and Priority Habitat of State-listed Species.
As appropriate, therefore, sensitive areas will be identified and when necessary
marked in the field by Eversource staff, an experienced vegetation management treatment
crew point person, individuals trained in the identification of sensitive areas that require
the use of GIS (geographic information systems) and GPS equipment, and/or by a
NHESP approved botanist trained in the delineation of state-listed species.
Eversource and contractor personnel assigned the task of identifying sensitive
areas in the field will use the following sources and methods:
• Massachusetts Department of Environmental Protection water supply maps /GIS
mapping layers available through MassGIS.
• MDAR records of identified private wells along the ROW.
• Correspondence, meetings, and input from municipalities within the forty-five-
day YOP and twenty-one-day municipal right-of-way notification letter
(including Board of Health, Conservation Commission, Public Water Supplier
and Select Board/Mayor/Town Administrator) review and comment periods and
the 48-hour newspaper notification (under 333 CMR 11.06 & 11.07 and Chapter
85 of the Acts of 2000).
• Correspondence, meetings, and input from Eversource's abutter and/or
landowner notification procedure, as applicable.
• Eversource’s maps, records, and institutional knowledge.
• Any additional pertinent information that becomes available during the YOP
process and throughout the five years of this VMP.
• A point person who verifies identified sensitive areas and any additional areas that
may require special precautions.
• United States Geological Survey (USGS) topographical maps.
• Information from contractor’s knowledge and records.
• Information from MassGIS.
• Confidential information from NHESP.
• A copy of the YOP and VMP.
• Treatment crew(s) are required to have the following references on the job site to
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help identify sensitive areas:
Topographical maps (electronic or paper)
Copy of YOP
Any additional information that may become available.
Maps are a resource and a tool for both the public and the vegetation management
crews, therefore, they contain the data needed to identify, mark, and treat sensitive areas
appropriately.
Maps included in the YOP are updated every year as new data becomes available.
Some sensitive areas are contained on the base USGS topographic maps such as
applicable Wetland Resource Areas (Rivers, Wetlands, etc.) The most current data
available through MassGIS such as public water supplies, certified vernal pools, and any
data that Eversource has collected to date on items such as private wells are then added
on top of the USGS data. At the time of treatment, additional sensitive areas will be
added to the maps utilized by Eversource’s vegetation management contractors. Please
note that to enable any viewer to see the essential information on the maps, Zone II's and
other limited spray areas are not mapped in areas where Eversource only uses herbicides
on the MDAR Rights-of-Way Sensitive Area Materials List.
The locations of the Priority Habitats of state listed species as regulated by the
NHESP of the Division of Fisheries & Wildlife are only included on field maps to
contractors who sign a confidentiality agreement expressly for this purpose. A map layer
of Priority Habitats is available to the general public at
http://www.mass.gov/anf/research-and-tech/it-serv-and-support/application-serv/office-
of-geographic-information-massgis but it is neither specific to areas of concern for
herbicide applications nor does it include data on the individual species since the exact
location and details of their habitat is protected.
CONTROL STRATEGIES FOR SENSITIVE AREAS
Mandated sensitive areas will be treated following the restrictions in applicable
state and federal regulations. Eversource also reserves the right to designate additional
areas as areas that require special treatment considerations including, but not limited to,
landowner agreements, visual or environmental impact considerations, and other
considerations that arise during the treatment cycles.
26
Treatments in all sensitive areas will follow the operational guidelines and
restrictions listed above, as well as the guidelines described in the Sensitive Area Table in
Appendix 5.
Wetlands
Pursuant to 333 CMR 11.04 (4) (c) (2), based upon the results of two ROW
wetland impact studies (see appendix 5), the MDAR in consultation with the
Department of Environmental Protection and the Rights-of-Way Advisory Panel,
made a determination that herbicides, when used at various utilities including electric
lines, under the guidance of an IVM program and other conditions as set forth in the
determination, have less impact on wetlands than mechanical only techniques.
Therefore, in accordance with the conditions of the determination, Eversource will
selectively apply herbicides to wetland sites, except within ten feet of standing and
flowing water and to conifers which will be cut (Appendix 5).
Public and Private Water Supplies
Appropriate sources and references will be consulted to determine the location of
public and private water supplies. Eversource’s YOP maps will include all known
public and private water supplies at the time of printing using the sources listed
above, and the mapping information used by contract treatment crews will be updated
as necessary during the treatment cycle.
To aid in the public and private water supply identification process, under 333
CMR 11.01(3)11, Eversource requests that during the various federal, state, and
voluntary notification processes and during the treatment cycle, that public and
municipal agencies and private entities and individuals share information on new or
unidentified public and private water supplies.
Identified private drinking supplies within one hundred feet of a ROW are
included in our permanent records and maps, and landowners are encouraged to
post signs on the edge of the ROW to help identify private water supplies (the no-
spray treatment area is fifty feet from a private well).
11333 CMR 11.01(3): “[The Specific goals of 333 CMR 11.00 are to] Ensure ample opportunity for public
and municipal agency input on potential impacts of herbicide application to rights-of-way in
27
environmentally sensitive areas.”
A point person will patrol the ROW to verify sensitive areas and buffers are
appropriately measured and when applicable flagged and recorded for permanent
record.
Massachusetts Endangered Species Act
Eversource recognizes the importance of the Massachusetts Endangered Species
Act, M.G.L.C. 131 A, and its significance to ROW vegetation management.
Eversource will comply with all applicable portions of this Act and the regulations
promulgated thereunder. Eversource will also follow the rules and prohibitions
directed at human activities which “Take” or alter their Significant Habitat (as of this
printing there are no designated Significant Habitat in Massachusetts on Eversource
ROW or statewide).
321 CMR 10.14, Massachusetts Endangered Species Act Regulations, Part II
Exemptions and 333 CMR 11.04(3) (a-c) exempts utility ROW vegetation
management from the permit process under the following conditions:
(12) The management of vegetation within existing utility rights-of-way provided
that the management is carried out in accordance with a vegetation management
plan approved in writing by the Division prior to the commencement of work for
which a review fee shall be charged, the amount of which shall be determined by
the commissioner of administration under the provisions of M.G.L. c.7, § 3B…
[and for roadside distribution lines]
(6) installation, repair, replacement, and maintenance of utility lines (gas, water,
sewer, phone, electrical) for which all associated work is within ten feet from the
edge of existing paved roads.
To comply with exemption 10.14(12), Eversource will submit this VMP and
YOPs to the NHESP for review.
The NHESP has delineated areas as Priority Habitat based on the "Best
Scientific Evidence Available" to protect State-listed species from a "take."
28
Under the approval process, details about the Priority Habitat of state-
listed species that might be affected by our activities and management
recommendations are shared with Eversource under strict confidentiality
agreements.12
Using this data and best management practices, Eversource and contract
personnel will follow the appropriate vegetation management treatment methods
within these sensitive areas taking all practical means and measures to modify ROW
vegetation management procedures to avoid damage to state-listed species and their
habitat.
To identify Priority Habitats, Eversource personnel, NHESP approved review
botanists and vegetation management crews must use proper identification
procedures. Contractors are, therefore, required to train their personnel to recognize
the location of Priority Habitats using one of the following tools: paper maps, GPS
coordinates and/or GIS systems.
10. OPERATIONAL GUIDELINES FOR APPLICATORS RELATIVE TO
HERBICIDE USE
Eversource relies on independent vegetation management contractors and requires
that they comply with all applicable federal and state laws and regulations. This VMP,
the YOPs and information in the notification documentation are the operational
guidelines for applicators relative to herbicide use. Therefore, according to the
regulations, at a minimum, the contractor’s application crews shall have a copy of the
YOP accessible at the work site.
In addition to the guidelines contained in other sections of the VMP, this section
sets forth the general operational guidelines for vegetation management.
12A map layer of Priority Habitat is available to the general public at http://www.mass.gov/anf/research-
and-tech/it-serv-and-support/application-serv/office-of-geographic-information-massgis , but it is neither
specific to the areas of concern for herbicide applications nor does it have detailed data on the species of
concern; the exact location and details of their habitat is kept confidential for their protection.
29
Eversource will alter or add to these guidelines based on potential future changes
or additions to state and federal regulations that apply to herbicide applications and all
changes or additions will be approved by MDAR.
EVERSOURCE PERSONNEL
• The following individual is responsible for monitoring, supervising, and
coordinating vegetation management programs (Eversource may direct
contractors to communicate with other Eversource personnel):
William Hayes, Senior Supervisor
Eversource Energy,
Transmission Vegetation Management (EMA, NH, WMA)
247 Station Drive, SW-B1036
Westwood, MA 02090-9230
781-441- 3932 (office)
• The arborist(s) will inform the contractor which ROW will be treated, the range of
treatment dates and any other specification required to complete the job.
• Eversource will provide ROW maps with treatment restriction lists and written
instructions outlining any special treatment considerations or instructions.
• Contractors will notify the Eversource company representative(s) of any questions
or complaints from the public and/or government agencies that relate to ROW
vegetation management. Eversource will deal with these complaints or questions
in a timely fashion.
CONTRACTOR SAFETY, CONTRACT AND LEGAL COMPLIANCE GUIDELINES
• Contractors must provide qualified, personnel who have been trained to recognize
and identify compatible and incompatible vegetation and are knowledgeable in
the safe and proper use of both mechanical and chemical vegetation management
techniques.
• All personnel applying herbicides in Massachusetts must hold a pesticide
applicator license and must work under the on-site supervision of a certified
applicator, with a Category 40 certification.
• Herbicides will be handled and applied only in accordance with label instructions
• Mixing will not be done on the ROW.
• Contractors will not start work without the appropriate maps, restriction lists,
landowner notifications and mixing rate instructions.
30
• Contractors will be in compliance with the latest revisions of all industry
standards including, but not limited to all applicable safety standards under the
Occupational Safety and Health Act (OSHA) including 1910.269, Electric Power
Generation, Transmission, and Distribution; ANSI Z133 & ANSI 300 standards,
and Eversource Safety Procedures.
• All contract personnel will follow label instructions regarding Personal Protective
Equipment (PPE).
• Applicators will immediately cease operations if adverse conditions or other
circumstances warrant.
• Access to a ROW will be using established roadways whenever possible.
• All bar-ways and gates shall be immediately closed.
• Care shall be exercised to prevent the rutting or destruction of roadways, fields,
or any other form of access.
• No litter of any kind will be left on the ROW or adjoining land.
CONTRACTOR DAILY TASKS
• Call the appropriate Eversource personnel
• In compliance with both regulations and Eversource policy, the contractors’
foreman or senior crew member must complete daily vegetation management
reports that include:
Date, name, and address of vegetation management contractor(s).
Identification of site or work area.
List of crew members.
Type of equipment and hours used, both mechanical and chemical
Method of application and description of incompatible vegetation
Amount, concentration, product name of herbicide(s), adjuvants and
dilutants (EPA registration numbers must be on file).
Weather conditions.
Notation of any unusual conditions or incidents, including public
inquiries.
Recording and/or verification of sensitive areas on ROW maps.
• All required forms will be distributed to the contractors by the Eversource
representative(s).
• Eversource request that contractor(s) call if they see a hazard tree.
• Contractors must follow the Specifications noted in the Request for Proposal.
EQUIPMENT
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• Eversource will not dictate the exact equipment to be used by the contractors,
instead, all equipment shall be of adequate design to produce professional quality
results.
• Equipment must be maintained in good working condition, including being
calibrated as appropriate.
• Care and common sense shall be exercised when moving vehicles and equipment.
LANDOWNERS/ABUTTERS
Landowners/abutters are individuals whose property is either under Eversource 's
ROW easements/fee land and/or abuts the ROW.
• Landowners will be treated with courtesy and respect always.
• Permission must be obtained for ingress and egress if entering the ROW from
private land.
• If a landowner demands vegetation maintenance cease, the contractor should
remove the crew and equipment off the property, inform the appropriate
Eversource representative as soon as possible and wait for clearance before
returning to that location.
• When addressing serious complaints from a landowner, or other concerned
person, notice will be sent to the appropriate authorities at MDAR.
RESULTS
• Vegetation management programs must result in 95% control of incompatible
species or the contractor may be held responsible to re-treat areas that do not meet
required results if these “touch-up” treatments follow all restrictions in 333 CMR
11.03(8) as listed in the Control Strategies for Sensitive Area table in Appendix 5.
• Vegetation management crews will exercise care to ensure low-growing
compatible vegetation and other non-target organisms are not unreasonably
affected by the application of herbicides.
Unreasonable site damage or destruction during any phase of the vegetation
management operation by the contractor, his agents, or employees, will be
repaired by said contractor to Eversource's satisfaction. Eversource evaluates
claims promptly based upon an internal investigation and the information you
provide. Once the investigation is complete, we will contact you with the
results.
11. ALTERNATIVE LAND USES
Wherever practical, as determined by the Senior Arborist or Eversource management,
32
Eversource will cooperate with landowners through whose property Eversource owns
easements, to facilitate "alternative land use" practices by the landowner's that may
reduce or eliminate the need for vegetation management by Eversource.
Acceptable uses may include but are not limited to an approved lawn, garden, or
crops with compatible species of plants, golf courses, parking lots, approved by
Eversource Energy. Any alternative land use proposed by a landowner within an
electrical transmission easement must be reviewed by Eversource. Eversource will
review a properly submitted proposal and consider conditional approval. The submittal
should be addressed to: Supervisor, T & D Rights and Survey, Eversource Energy,
Eastern MA, 247 Station Drive, Mail Stop SE210, Westwood, MA 02090. Any approval
by the Company is given in the form of a written license only and with the understanding
that Eversource’s easement rights are in no way diminished nor does the company
assume any liability.
12. REMEDIAL SPILL AND EMERGENCY PLAN
Eversource contracts with independent, professional, certified herbicide
applicators that are responsible for the containment, clean up and reporting of chemical
spills or accidents. The following is a guide to the information sources that, according to
various regulations, must be available to the treatment crew in the event of a chemical
spill or emergency.
TYPES OF CHEMICAL SPILLS THAT REQUIRE ACTION
Chemicals include, but are not limited to the following:
• Herbicides
• Bar and Chain Oil
• Motor & Hydraulic Oil
• Diesel Fuel
• Gasoline
• Title 3 Hazmat Materials
REQUIRED SPILL RESPONSE EQUIPMENT
As a minimum, the ROW crew shall have available on the job site:
• VMP and YOP with emergency contact lists
• Safety Data Sheets and product labels
33
• Product Fact Sheets
• Appropriate absorbent material such as “speedi dri” or “soak up”
• Shovel
• Broom
• Flagging
• Leak proof container
• Heavy-duty plastic bags
PERSONAL CONTACT
In the event of Personal Contact with hazardous chemicals:
• Wash affected area with plenty of soap and water
• Change clothing which has absorbed hazardous chemicals
• If necessary, contact a physician
• If necessary, contact the proper emergency services
• If necessary, follow the procedures for Major or Minor Spills as outlined below
• Avoid breathing the fumes of hazardous chemicals
TECHNICAL REFERENCE MATERIALS
A. Herbicide Information
1. Product Label
2. Product Safety Data Sheet (SDS)
3. Product Fact Sheet, if available
B. Table 1. Herbicide Manufacturers:
MANUFACTURER TELEPHONE
NUMBER
SPECIAL
INSTRUCTIONS
Albaugh Inc. (800) 247-8013
Bayer Environmental Science (800) 334-7577
BASF Corporation (800) 832-4357
Dow Agro Sciences (800) 992-5994
E.I. du Pont de Nemours and Company (800) 441-3637 Medical Emergencies
Monsanto (314) 694-4000
Nufarm (877) 325-1840 Medical Emergencies
C. Table 2. State Agencies:
STATE AGENCY TELEPHONE
NUMBER
SPECIAL INSTRUCTIONS
MDAR, Pesticide Bureau (617) 626-1700 A.S.A.P. (within 48 hours)
Massachusetts Department of
Environmental Protection,
Emergency Response Section
DEP 24 Hour
Contact: (888) 304-1133
For emergencies involving
reportable quantities of oil or
hazardous materials; required
info: City/town, street address,
site name (if applicable), material
Southeast Region:
(508) 946-2700
34
MA Department of Public
Health, Bureau of
Environmental Health’s
Environmental Toxicology Program
(617) 339-8351
Massachusetts Poison
Information Centers
(800) 682-9211 For medical emergencies
involving suspected or known
pesticide poisoning symptoms
D. Table 3. Emergency Services:
EMERGENCY SERVICE TELEPHONE
NUMBER
SPECIAL
INSTRUCTIONS
Massachusetts State Police,
Central Office
(617) 566-4500 or 911
Local Fire / Police Dept. 911
ChemTrec (800) 424-9300
Clean Harbors (800) OIL-TANK
Pesticide Hotline (800) 858-7378 PST: 6:30 am – 4:30 pm, Web: www.NPIC.orst.edu
E. Eversource 's contact in the case of a spill or accident is:
Eversource System Control:
Ops North, (617) 541-7825,
Electric Ops South, (617) 541-7858,
F. Table 4. Local Emergency Numbers:
Emergencies Services for All Municipalities: 911
(to be filled out with the appropriate towns and included in the YOPs)
Town Board of Health Town/City Hall Town Board of Health Town/City Hall
CLEAN-UP PROCEDURES
Education and attention will constantly be directed at accident and spill prevention;
however, the following is a guideline in the event of an unfortunate incident:
REPORTABLE SPILLS (Spills of reportable quantity of material): FOLLOW STEPS 1-11
NON-REPORTABLE SPILLS: FOLLOW STEPS 1-4, 7-11 as appropriate & contact the
EVERSOURCE representative.
35
Table 5: HERBICIDE SPILL CHECK LIST
Order ACTION Done
(√)
1 Use all PPE as directed by product label or SDS.
2 Cordon-off spill area to unauthorized people and traffic to reduce the spread and exposure of the spill
3 Identify source of spill and apply corrective action, if possible stop or limit any additional amounts of spilled
product.
4 Contain spill and confine the spread by damming or diking with soil, clay, or other absorbent materials.
5 Report spills of “reportable quantity" to the Mass. Dept. of Environmental Protection and MDAR:
MDAR, Pesticide Bureau (617) 626-1700
Massachusetts Department of Environmental
Protection Emergency Response Section
MA DEP 24 Contact Number: (888) 304-1133
Southeast Region: (508) 946-2700
6 If the spill cannot be contained or cleaned-up properly, or if there is a threat of contamination to any bodies of
water, immediately contact any of the following applicable emergency response personnel:
local fire, police, rescue 911
Eversource: Operations (617) 541-7821
Eversource Transmission: William Hayes (781) 441-3932
Eversource Distribution - Paul Sellers (508) 957-4603
Product Manufactures
1. BASF Corporation (800) 832-4357
2. Bayer Environmental Science (800) 334-7577
3. Dow Agro Sciences (800) 992-5994
4. E.I du Pont de Nemours & Company (800) 441-3637
5. Monsanto (314) 694-4000
6. Nufarm (877) 325-1840
7. Rainbow Treecare (877) 272-6747
8. Chemtrec (800) 424-9300
9. additional emergency personnel
If there is a doubt as to who should be notified,
contact State Police, Central Office
(617) 566-4500 or 911
Remain at the scene to provide information and
assistance to responding emergency clean-up crews
Refer to the various sources of information relative to
handling and cleanup of spilled product
7 If possible, complete the process of “soaking up” with absorbent materials
8 Sweep or shovel contaminated products and soil into leak proof containers for proper disposal at approved
location
9 Spread activated charcoal over spill area to inactivate any residual herbicide
10
11
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13. Identification and Qualification of Individual Developing
and Submitting the Plan
Identification and qualification of the individual preparing and submitting this VMP,
supervision of the IVM program and overall supervision for development and
implementation of the VMP is performed by:
William N. Hayes Jr., Senior Supervisor
Eversource Energy
Transmission Vegetation Management (EMA, NH, WMA)
247 Station Drive, SW-B1036
Westwood, MA 02090-9230
781-441- 3932 (office)
I am ultimately responsible for preparation, implementation of and compliance with this
VMP and YOP’s to be submitted annually. Responsible for implementing the vegetation
management programs best practices on transmission, and distribution systems. I
develop and evaluate methods for vegetation management to ensure transmission and
distribution system reliability follows regulations and standards. Provide work
scheduling, prescription of herbicides and application methods, procurement of necessary
permits, municipal notifications, contractor selection, provision of technical expertise and
liaison between Company right-of-way easement landowners, neighbors, local and state
officials and other interested parties and field supervision of vegetation management
contractors and Eversource arborists.
My qualifications extend from my education to over 30 years of work related to utility
arboriculture. I have a Bachelor of Science, Majoring in Forestry Management with
concentration in Arboriculture/Urban Forestry from the University of Massachusetts.
Credentials include Massachusetts Certified Arborist, International Society of
Arboriculture Certified Arborist, Massachusetts Category 40 Pesticide License,
Consumers Power Co. Certified Basic Tree Trimmer. I am member of the Massachusetts
Arborist Association, Massachusetts Tree Wardens & Foresters Association, Utility
Arborist Association, and the International Society of Arboriculture.
APPENDIX 1:
EVERSOURCE ENERGY
CAPE COD AND MARTHA’S VINEYARD
(BARNSTABLE AND DUKES COUNTIES)
ELECTRIC SYSTEM MAP
APPENDIX 2:
EVERSOURCE ENERGY
CAPE COD AND MARTHA’S VINEYARD
(BARNSTABLE AND DUKES COUNTIES)
LIST OF MUNICIPALITIES
MUNICIPALITIES
BARNSTABLE EDGARTOWN SANDWICH
BOURNE FALMOUTH TISBURY
BREWSTER HARWICH TRURO
CHATHAM MASHPEE WELLFLEET
DENNIS OAK BLUFFS YARMOUTH
EASTHAM ORLEANS
APPENDIX 3:
333 CMR 11.00
HTTPS://WWW.MASS.GOV/LAW-LIBRARY/333-CMR
APPENDIX 4:
CHAPTER 132B
HTTPS://MALEGISLATURE.GOV/LAWS/GENERALLAWS/PARTI/TITLEXIX/CHAPTER132B
APPENDIX 5:
SENSITIVE AREA TABLE
CONTROL STRATEGIES FOR SENSITIVE AREAS
Sensitive Area No-Spray and
Limited Spray
Areas (feet)
Control Method Restriction
Code
Public Ground Water
Supplies
400' Mechanical Only None
Primary Recharge Area Designated buffer
zone or 1/2 mile
radius
Mechanical,
Recommended Herbicides*
24 months
Public Surface Water
Supplies (Class A & Class B)
100' Mechanical Only None
100'-400' Recommended Herbicides 24 months
Tributary to Class A Water
Source, within 400' upstream
of water source
100' Mechanical Only None
100'-400' Recommended Herbicides 24 months
Tributary to Class A Water
Source, greater than 400'
upstream of water source
10' Mechanical Only None
10'-200' Recommended Herbicides 24 months
Class B Drinking Water
Intake, within 400' upstream
of intake
100' Mechanical Only None
100'-200' Recommended Herbicides 24 months
Private Drinking Water
Supplies
50' Mechanical Only None
50'-100' Recommended Herbicides 24 months
Surface Waters 10' Mechanical Only None
10'-100' Recommended Herbicides 12 months
Rivers 10' from mean annual
high-water line
Mechanical Only None
10'-200' Recommended Herbicides 12 months
Wetlands 100' (treatment in
wetlands permitted up
to 10' of standing
water) *+
Low-pressure Foliar, CST,
Basal
Recommended Herbicides
12 months
Inhabited Areas 100' Recommended Herbicides 12 months
Agricultural Area (Crops,
Fruits, Pastures)
100' Recommended Herbicides 12 months
Certified Vernal Pools 10' Mechanical Only when
water is present
None
Certified Vernal Pool Habitat 10'-outer boundary of
habitat
No treatment without written approval per
321 CMR 10.14(12)
Priority Habitat No treatment without written approval per 321 CMR 10.14(12)
Restrictions “24 Months": A minimum of twenty-four months shall elapse between applications
“12 Months": A minimum of twelve months shall elapse between applications
*Massachusetts recommended herbicides for sensitive sites
+Per the DFA Decision Concerning the Wetlands Impact Study for utilities per 333 CMR 11.04(4)(c)(2).
APPENDIX 6:
PREFACE TO 310 CMR 10.00
HTTPS://PIPEPORTAL.KINDERMORGAN.COM/PORTALUI/DOWNLOADDOCS/PASSKEY
/ENVIRONMENTAL/APPENDIX6/450-453OFPREFACETO310CMR.PDF
APPENDIX 7:
WETLANDS STUDY
C OMMONWEA LTH O F M ASSAC HUSETTS
EXECUTIVE O FFICE OF ENVIRONMENT AL AFF AIRS
D EPART MENT OF FOOD AND AGRICULTURE
100 CAMDRIDGE ST., BOSTON. MA 02202 617-727-3000 FAX 727-7235
WI Li.JAM F. WE LD
Gov ernor
ARGEO PAUL CE LLUCCI
LL Gove rno r
Decision Concerning
The Wetland Impact Study Conducted
Pursuant to 333 CMR 11.04(4)(c)(2)
TRUDY CO XE
S ecre tary
JO NAT HAN L. II EALY
Co m miss ioner
PUBLIC UTILITY VEGETATION
MANAGEMENT PROGRAM FINDING
Background
The Rights of Way Management (ROW) Regulations (333 CMR 11:00)
promulgated in 1987 prohibit the use of herbicides to control vegetation along utility
right of ways on or within ten (10) feet of a wetland unless the following conditions
are met:
1. Submission of a study, the design of which is subject to prior review
and approval of the Departments of Food and Agriculture and
Environmental Protection, evaluating impacts of proposed vegetation
management programs on wetlands; and
2. A finding by the Department, after consultation with the Advisory
Committee, that the proposed vegetation management program will
result in less impacts to the wetland than mechanical control.
3. Notwithstanding the above, no herbicides shall be applied on or within
ten feet of any standing or flowing water in a wetland.
On April 28, .1988, The Departments of Food and Agriculture and
Environmental Protection approved the scope of the study. In the fall of 1989,
Environmental Consultants, Inc. submitted to the Department of Food and
Agriculture the study entitled, "Study of the Impacts of Vegetation Management
Techniques on Wetlands for Utility Rights-of Way in the Commonwealth of
Massachusetts", dated June 1989. The Department consulted with the Vegetation
Management Plan (VMP) Advisory panel at their November 15, 1989, December
7, 1989 and August 1, 1991 meetings.
1
-
2
3
4
5
6
7
8
9
10
APPENDIX 8:
CHAPTER 85, SECTION 10
HTTPS://MALEGISLATURE.GOV/LAWS/SESSIONLAWS/ACTS/2000/CHAPTER85
APPENDIX 9:
REFERENCES
1
REFERENCES
SENSITIVE MATERIALS LIST:
A current list of the Sensitive Area Materials List and individual Fact Sheets on these herbicides
are available at:
http://www.mass.gov/eea/agencies/agr/pesticides/rights-of-way-vegetation-management.html
SAFETY:
ANSI. American National Standard Z133. Champaign, IL: International Society of
Arboriculture, Champaign, IL, 2006.
ANSI 92-3. American National Standard 30. International Society of Arboriculture,
Champaign, IL, 2006.
Calvert, Geoffrey, Plate, D.K., Das, R., Rosales, R., Shafey, O., Tomsen, C., Male, D., Beckman,
J., Arvizu, E. & Lackovic, M. “Acute Occupational Pesticide-Related Illness in the US,
1998-1999: Surveillance Findings From the SENSOR-Pesticide Program." American
Journal of Industrial Medicine 45:14-23, 2004.
IVM and the Environment:
Askins, Robert A. Restoring North America’s Birds; Lessons from Landscape Ecology, Yale
University Press, New Haven, CT, 2000.
. “Sustaining Biological Diversity in Early Successional Communities: The
Challenge of Managing Unpopular Habitats,” Wildlife Society Bulletin 29(2) (Summer,
2001).
Belisle, Francis. “Wildlife Use of Riparian Vegetation Buffer Zones in High Voltage Powerline
Rights-of-Way in the Quebec Boreal Forest.” 7th International Symposium on
Environmental Concerns in Rights-of-Way Management, 1999.
Bramble, W.C. and Burns, W.R. “A Long-term Ecological Study of Game Food and Cover on a
Sprayed Utility Right-of-Way.” Bulletin No. 918, Purdue University, 1974:16.
Bramble, W.C; W.R. Burns; R.J. Hutnik, and S.A. Liscinsky. “Interference Factors Responsible
For Resistance of Forb-Grass Cover Types to Tree Invasion on an Electric Utility Right-
of-Way.” Journal of Arboriculture 22(2), March 1996: 99-105.
Bramble, W.C., W.R. Byrnes, and R.J. Hutnik. “Resistance of Plant Cover Types to Tree
Seedling Invasion on an Electric Utility Transmission Right-of-Way.” Journal of
Arboriculture, 16(5), May 1990.
“Central Vermont Public Service Corporations 2006 Strategy; T&D Forestry.” Rutland, VT, 2006.
Confer, John L. “Management, Vegetative Structure and Shrubland Birds of Rights-of-Way.” 7th
International Symposium on Environmental Concerns in Rights-of-Way Management,
1999.
2
Deubert. K.H. “Studies on the Fate of Garlon 3A and Tordon 101 Used in Selective Foliar
Application in the Maintenance of Utility Rights-of-Way in Eastern Massachusetts.”
Final Report prepared for New England Electric et. al.,1985.
Environmental Consultants, Inc. “Study of the Impact of Vegetation Management Techniques
on Wetlands for Utility Rights-of-Way in the Commonwealth of Massachusetts.” Final
report prepared for New England Electric et.al, 1989.
. “Determination of the Effectiveness of Herbicide Buffer Zones
in Protecting Water Quality on New York State Powerline Rights-of-Way.” Final report for
the Empire State Electric Energy Research Corporation, 1991.
Galen Guerrero-Murphy, Tim Follensbee II, and Jeff Disorda 2015.
“Best Management Practices (BMPs) for Protection of Threatened and Endangered Species
during Integrated Vegetation Management and Operations and Maintenance of Electric
Transmission Lines in Vermont.” Environmental Concerns in Rights-of-Way Management,
11th International Symposium, Halifax, Novia Scotia.
Goodrich-Mahoney, John W.; Abrahamson, Lawrence, P.; Ballard, Jennifer I.; Tikalsky, Susan
M. 8th International Symposium Environmental Concerns in Rights-of-Way
Management, 2004.
Gwozdz, John, Lewis Payne, Kendra Gorski, and Jim Kooser 2015.
“Herbicide Use Rates over Four Treatment Cycle: Proof the IVM tool is working”.
Environmental Concerns in Rights-of-Way Management, 11th International Symposium,
Halifax, Novia Scotia.
Harrison Biotech, Inc. “A Generic Environmental Impact Report on the Control of Vegetation on
Utility and Railroad Rights-of-Way in the Commonwealth of Massachusetts.” Final Report
prepared for the Department of Food and Agriculture, Commonwealth of Massachusetts,
1985.
Hickler, Matt, MA NHESP approved Review Biologist, Reports for TransCanada, National Grid,
NSTAR, Northeast Utilities under 321 CMR 10.00 Massachusetts Endangered Species
Act Regulations. (Also Reports in NH and VT), 2006-2010.
Marshall, James S. “Effects of Powerline Right-of-Way Vegetation Management on Avian
Communities.” 7th International Symposium on Environmental Concerns in Rights-of-
Way Management, 1999.
Marshall, James S. and Vandruff, L.W. “Impact of Selective Herbicide Right-of-Way Vegetation
Treatment on Birds,” Environmental Management Vol. 30, No. 6, December 2002.
Miller, R.H. 2012. Best Management Practices: Integrated Vegetation Management.
Society of Arboriculture, Champaign, IL.
National Grid USA Electric Companies. 5-Year Massachusetts VMP, 2009-2013, p. 9.
Nickerson, N.H, G.E. Moore and A.D. Cutter. “Study of the Environmental Fates of Herbicides
in Wetland Soils on Electric Utility Rights-of-Way in Massachusetts over the Short Term.”
Final Report prepared for New England Electric et.al, December 1994.
3
Neiring, W.A. and R.H. Goodwin. “Creation of Relatively Stable Shrublands With Herbicides:
Arresting Succession on Rights-of-Way and Pastureland.” Ecology 55(4), 1974.
Niering, W.A. “Roadside Use of Native Plants: Working with Succession, An Ecological
Approach in Preserving Biodiversity.” Roadside Use of Native Plants:
http://www.environment.fhwa.dot.gov/ecosystems/vegmgmt_rdsduse.asp.
Nowak, Christopher.A. and L.P. Abrahamson. “Vegetation Management on Electric
Transmission Line Rights-of-Way in New York State: The Stability Approach to Reducing
Herbicide Use.” Proceedings of the International Conference on Forest Vegetation
Management, Auburn University, April 1993.
Nowak, Christopher A. & Ballard, Benjamin D. “A Framework for Applying Integrated
Vegetation Management on Rights-of-Way.” Journal of Arboriculture 31(1) (January
2005).
Oehler, James D., ed; Darrel F. Covell, ed; Steve Capel, ed, and Bob Long, ed. “Managing
Grasslands, Shrublands and Young Forests for Wildlife; A Guide for the Northeast.” The
Northeast Upland Habitat Technical Committee. 2006.
Schaefer, Valentin. “Rights-of-Way in Support of Biological Conservation“ 7th International
Symposium on Environmental Conserns in Rights-of-Way Management, 1999.
United States Environmental Protection Agency. “Fact Sheet: Integrated Vegetation
Management.” EPA 731-F-08-010 (Oct. 2008).
University of California. “Definition of Integrated Pest Management.”
http://www.ipm.ucdavist.edu.
Vers, Frans. “The Shifting Baseline Syndrome in Restoration Ecology.” Restoration and
History: The Search for a Usable Environmental Past. Ed. Marcus Hall: 101.
Yahner, Richard H. “Wildlife Response to More than 50 years of Vegetation Maintenance on a
Pennsylvania U.S., Right-of-Way.” Journal of Arboriculture 30(2), March 2004.
. “State Game Lands 33 Research and Demonstration Project—57 years of
Continuous Study on the Shawville to Lewiston 230-kV line of First Energy (Penelec).
2009.
. “2009 Annual Report to Cooperators. Green Lane Research and
Demonstration Project: 23 Years of Continuous Study.” (2009).
SELECT BOARD UPDATE:
WING ISLAND
BOARDWALK
PROJECT
September 26, 2022
August 15th, 2022
PRESENTATION GOALS
Recap of August 2022 Public Forum
•Project History
•Project Goals
•Conceptual Design Elements
Resident Feedback
Potential Alternatives
Next Steps & Timeline
Wing Island Boardwalk Presentation, September 26, 2022
Acquired in 1961, Wing Island was the
Town’s first open space acquisition.
In 1988, Brewster purchased the 17-acre
Drummer Boy Park property, adjacent
to Quivett Marsh.
In 1995, Town Meeting adopted a Master
Plan for Drummer Boy Park, which
governed its uses for several decades.
In 2021, Town Meeting adopted an
updated Master Plan for Drummer Boy
Park, which included this proposed new
connection.
LANDMARK PROPERTIES
Wing Island Boardwalk Presentation, September 26, 2022
Improved access to Wing Island was
identified as a consensus goal in:
Coastal Adaptation Strategy (2016)
Coastal Resource Management Plan
(2019)
Vision Plan (2019)
Select Board Strategic Plan (FY20-
present)
Local Comprehensive Plan (2022)
Town Meeting unanimously approved
updated Drummer Boy Park Master Plan &
spending $50k of Town funds on Wing Island
boardwalk design in Fall 2021.
COMMUNITY INPUT
Wing Island Boardwalk Presentation, September 26, 2022
ALIGNMENT WITH COMMUNITY PRIORITIES
“Evaluate need for additional parking and possible boardwalk modifications to access Wing Island in response to changing sea level.” (Coastal Adaption Strategy)
“Maintain or enhance peak-season access to public beaches and landings.” (Coastal Resource Management Plan)
“Develop strategies to promote the use of underutilized public access locations, including Spruce Hill & Wing Island.” (Coastal Resource Management Plan)
“Improve access for individuals with limited mobility & add new access locations in adapting to the future.” (Coastal Resource Management Plan)
Wing Island Boardwalk Presentation, September 26, 2022
ALIGNMENT WITH COMMUNITY PRIORITIES
“Provide services and infrastructure for an age friendly community…” (Brewster Vision Plan)
“Improve public access to and expand use of recreational areas.” (Brewster Vision Plan)
“Encourage expanded utilization of Drummer Boy Park for recreational purposes, including possible development of walkway to Wing Island.” (Brewster Vision Plan)
“Increase public access to marine and freshwater resources.” (Open Space & Recreation Plan)
78% of residents (n = 501) stated they would like to see a trail/boardwalk to Wing Island from Drummer Boy Park in 2020 OSRP survey Wing Island Boardwalk Presentation, September 26, 2022
PROJECT
GOALS
Link disparate trails and
provide much improved access
over the tidal marsh separating
Wing Island from the mainland.
Enhance access to this
community resource for
residents and visitors of all
ages and abilities.
GOAL 2: CONNECT
OPEN SPACE
PROPERTIES
GOAL 1: IMPROVE
ACCESSIBILITY
Wing Island Boardwalk Presentation, September 26, 2022
PROJECT
GOALSImprove the user’s educational
and recreational experience by
adding viewing platforms and
benches to the boardwalk.
Preserve marsh and island by
placing permanent
conservation restriction.
Visitors are frequently forced
to walk on the marsh,
negatively impacting the
resource.
GOAL 3: IMPROVE
USER EXPERIENCE
GOAL 4: PRESERVE
HABITAT
Wing Island Boardwalk Presentation, September 26, 2022
PROJECT
GOALS
Climate change causes
increasingly high tides and
storm surge, which in turn
flood the marsh, often blocking
access for 2+ hours.
Existing marsh plank design is
uneven and narrow - there are
many joints which can present
trip hazards.
GOAL 5: CLIMATE
CHANGE
ADAPTATION
GOAL 6: ADDRESS
SAFETY HAZARD
Wing Island Boardwalk Presentation, September 26, 2022
•The goals of this new plan are to:
•Preserve the character of the park
•Improve views of the bay
•Enhance existing uses
•Provide additional access to and throughout the
park
•The plan also accounts for future increased use of the
park following construction of elevated boardwalk
•Phase I includes parking, access, and stormwater
improvements – planned to occur before new
boardwalk
DRUMMER BOY PARK
MASTER PLAN GOALS
Wing Island Boardwalk Presentation, September 26, 2022
NOW
•Wing Island is accessed across
the marsh on two 2x10” marsh
planks from a foot path adjacent
to the Cape Cod Museum of
Natural History - floods twice
daily at high tide.
•Visitors either park at Drummer
Boy and walk east on 6A or park
at CCMNH lot(s).
Wing Island Boardwalk Presentation, September 26, 2022
Wing Island Boardwalk Presentation, September 26, 2022
IMPROVING
CONNECTIONS
The proposed boardwalk will directly link
Wing Island to:
•Drummer Boy Park
•Brewster Historical Society’s Windmill
Village
•Brewster Conservation Trust’s
Windmill Meadow
•Town Conservation Land
•Cape Cod Museum of Natural History
Wing Island Boardwalk Presentation, September 26, 2022
Quivett Creek
Stoney Brook
Creek
Museum of
Natural History
Drummer Boy
Park
Wing Island
Wing Island Boardwalk Presentation, September 26, 2022
•The proposed path would start at the
eastern edge of Drummer Boy Park, lead
across Town conservation land (Cedar
Ridge), then north to Quivett Marsh.
•A raised boardwalk would head east to
connect with the existing route across the
marsh before turning north to Wing Island.
•The new boardwalk would also maintain the
current connection to the Cape Cod
Museum of Natural History.
FUTURE
Wing Island Boardwalk Presentation, September 26, 2022
Drummer
Boy Park
Cape Cod Museum
of Natural History
Quivett
Marsh
Quivett
Marsh
Wing
Island
Proposed
Boardwalk
Town of Brewster
Conservation
Wing Island Boardwalk Presentation, September 26, 2022
Quivett
Marsh
Quivett
Marsh
Cape Cod Museum
of Natural History
Wing Island
Drummer
Boy Park
Town of Brewster
Conservation
Proposed
Boardwalk
Wing Island Boardwalk Presentation, September 26, 2022
Wing Island
To Museum
of Natural
History
To
Drummer
Boy Park
CONCEPT PLANS
Wing Island Boardwalk Presentation, September 26, 2022
VIEW SOUTH FROM
WING ISLAND
Wing Island Boardwalk Presentation, September 26, 2022
Mean High Water 2022 (el. 6.0)
Mean High Water 2050 (el. 8.4)
Mean High Water 2070 (el. 10.2)
100 YR 2022 (el. 14.0)
Boardwalk Deck (el. 12.0)
Wing Island
Landing
-
Wing Island Boardwalk Presentation, September 26, 2022
VIEW NORTH FROM OBSERVATION AREA AT
PROPOSED START OF
NEW BOARDWALK
Wing Island Boardwalk Presentation, September 26, 2022
To
Drummer
Boy Park
Mean High Water 2022 (el. 6.0)
Mean High Water 2050 (el. 8.4)
Mean High Water 2070 (el. 10.2)
Boardwalk Deck (el. 15.0)
100 YR 2022 (el. 14.0)
To Wing
Island
Proposed
Boardwalk
Wing Island Boardwalk Presentation, September 26, 2022
VIEW FROM END OF
WOODLAND PATH
SHOWING QUIVETT
MARSH (WING ISLAND
TO THE RIGHT)
Wing Island Boardwalk Presentation, September 26, 2022
RAILING EXAMPLES
Wing Island Boardwalk Presentation, September 26, 2022
●Helical piles have minimal footprint.
●Can be installed with minimal construction impact on the marsh.
●High weight bearing capacity and resistant to overturning.
LOW IMPACT STRUCTURAL DESIGN
Wing Island Boardwalk Presentation, September 26, 2022
PROJECT FUNDING
Design & Permitting Cost $130,000
Mass Trails grant $50,000
Town funding $50,000
Private Donor (via BCT) $30,000
Construction Cost TBD*
Private Donor (via BCT) $1,000,000
* Detailed cost estimate expected once design is further advanced
Wing Island Boardwalk Presentation, September 26, 2022
Town held a public forum on August 15,
2022, to discuss the project and to
provide residents with an opportunity to
ask questions and make comments.
A public comment period was held until
September 2, 2022, inviting residents to
submit written input on the conceptual
project design.
In total, the Town received 163
responses during the public comment
period.
RESIDENT FEEDBACK
Wing Island Boardwalk Presentation, September 26, 2022
At least 60% of residents were opposed
to the project, about 25% were in favor,
and the remaining 15% provided
feedback but did not express a strong
position.
General concerns about the project
included environmental impacts,
increased usage, resource management
& related costs, and aesthetics/
appearance.
A group of residents opposed to the
project has formed as the Friends of
Wing Island.
FEEDBACK DETAILS
Wing Island Boardwalk Presentation, September 26, 2022
•This project will involve the oversight and input of over a
half dozen regulatory agencies, who will consider all
potential environmental impacts. Greater detail will be
provided at second public forum.
•The Town has retained noted local expert, Dan Zoto, to
conduct an intensive archaeological survey for
proposed project impacts.
ENVIRONMENTAL IMPACT?
Wing Island Boardwalk Presentation, September 26, 2022
•Project consultants, Horsley Witten, are in the process of
undertaking a carrying capacity analysis which aims to
determine if the environmentally sensitive areas of Wing
Island can adequately accommodate the volume of
visitors associated with projected demand if the elevated
boardwalk is constructed.
•This analysis will also take into account current usage
through Cape Cod Museum of Natural History
programming and anticipated parking capacity at
Drummer Boy Park.
POTENTIAL FOR
OVERUSE?
Wing Island Boardwalk Presentation, September 26, 2022
•This project is currently in the conceptual design phase –
no final decision has been made on the project route,
height, width, and building materials.
•The proposed height of the boardwalk is about 7 feet
above the marsh in most locations.
•The height was intended to account for sea level rise
over the next 50 years – in 2070, the proposed
boardwalk deck will be about 2 feet above mean high
tide.
APPEARANCE AND
HEIGHT?
Wing Island Boardwalk Presentation, September 26, 2022
Refine preliminary design (Concept 1)
- Reduce proposed width from 10’ to 6’ & reduce size
of overlooks
- Move DBP connection closer to coastal bank
- Consider reducing height
Develop an alternative option (Concept 2)
- Follow existing boardwalk path only (no direct
connection to Drummer Boy), reduce width to 6’,
and consider reducing height
- Provide ADA access to Route 6A sidewalk
- Construct ADA path from Drummer Boy to Cedar
Ridge with marsh overlook
PROPOSED PROJECT ADJUSTMENTS
Wing Island Boardwalk Presentation, September 26, 2022
Revised Concept 1
New Concept 2
WHAT’S NEXT?
•Select Board to provide policy direction on suggested alternatives and other options
•Town to prepare more detailed concept plans and finish carrying capacity analysis in anticipation of follow-up community forum
•Town to decide on date and format for next forum
•Permitting will not proceed until further public feedback and Select Board policy decision on project following next forum
•No article planned for Fall 2022 Town Meeting
Wing Island Boardwalk Presentation, September 26, 2022
Archive d: Wednesday, October 5, 2022 4:16:37 PM
From: Kathy Lambert
Se nt: Tue, 4 Oct 2022 19:02:07 +0000Authentication
To: Erika Mawn
Subje ct: Fwd: Wing Island Boardwalk Proposal
Se ns itivity: Normal
Sent from my iPad
Begin forwarded message:
From: Lauren Richmond <lauren444@comcast.net>
Date : October 4, 2022 at 2:59:45 PM EDT
To: Kathy Lambert <klambert@brewster-ma.gov>
Cc: Friends of Wing Island <FriendsOfWingIsland@gmail.com>
Subje ct: Wing Is land Boardwalk Proposal
\u-257 ?October 4, 2022
To the Select Board, Town of Brewster:
My husband and I are relatively new year round residents of Brewster having moved here in early 2020 from our home of 45+ years in
Provincetown, where a tiny picturesque fishing village/art colony and hometown to many Portuguese families has succumbed to over-development
and excessive marketing, catering to an increasingly wealthy clientele and non-resident second home owners, changing the character of the town
forever. Between rampant gentrification and fear of flooding due to climate change, we were edged out and feel fortunate to have re-located to
Brewster, a town we feel has a heart and a soul and a conscience.
We have been charmed by the historic preservation of Rt. 6A, the beauty of the Stony Brook Road area, the panoramic vistas driving by Drummer
Boy Park and the views of Wing Island where Lower Road intersects Rt. 6A heading west. While encouraged by many conversations with
residents who value preservation and conservation, we are troubled by the Select Board and the BCT’s efforts to push this ill-conceived plan
forward without more attention to cost and consequences. Having only recently learned of the scope of the Wing Island Boardwalk Proposal, we
are very definitely in opposition to the current plan and feel passionately that the town needs to take a big step back, properly educate the voters,
scale back the project and proceed with enormous caution before a sacred natural resource is permanently altered and brings unintended
consequences for the future.
Having read Janice E. Riley’s letter to the Select Board, dated September 1, 2022, we must say that we agree with every point and comment she
makes. The Select Board would do well to judiciously answer all the questions and address all the points made in her brilliantly stated letter.
Being such new residents we thought we were just 'out of the loop' not having heard about the Boardwalk Project until very recently. It turns out
hardly anyone we’ve talked to knows about it. There needs to be more communication and more transparency, especially for a project of this
magnitude that has far reaching implications and consequences for generations to come.
In our view, we would rather consider a smaller proposal to replace the current plank walkway with a boardwalk similar to what the Wellfleet Bay
Wildlife Sanctuary recently built, low to the ground, simple, no handrails. A separate viewing platform at the end of Drummer Boy Park could
provide visual access for all. We see no reason to join the various properties together with a single walkway. Especially not one that is 10’ wide
and 12’ high…..that’s a bridge, not a boardwalk. From what we are told and have read, the Wellfleet boardwalk is wheelchair accessible. There
will be plenty more beach access at the former Sea Camps property. Let's keep Wing Island a wildlife sanctuary and nature preserve, accessible
to the determined but not necessarily for the masses. We don’t yet know what the plan for more parking at Drummer Boy Park would look like,
but we would hate to see it paved in asphalt. Parking on grass works for the craft fairs and art shows. Hopefully some modest portion of land can
be set aside for those who need to park to venture across the marsh to Wing Island. Leave the ground permeable for water to penetrate……if
grass isn’t viable, then clam shells or gravel, but not pavement.
As taxpayers, we would like to see an estimated budget for a much scaled back version of the current proposal before any more money is advanced
for studies and design work.
Sincerely,
Lauren Richmond
Bruce Deely
Brewster, MA. 02631
Archive d: Wednesday, October 5, 2022 4:16:50 PM
From: Daryl Bladen
Se nt: Fri, 30 Sep 2022 17:02:01
To: Conor Kenny
Subje ct: Re: Your Question Regarding the Wing Island Presentation
Se ns itivity: Normal
Conor, thank you for meeting with me and and sending me this information. I continue to think about the proposed boardwalk changes and how those involved
could discuss them in a more rational manner.
One of the troublesome points for me is that the word “accessible” is being used when it sometimes just means being able to get to Wing Island and the beach and
other times it is referring to "ADA-accessibility" for people with disabilities. For example in this week's print edition of the Cape Cod Chronicle, on page 27
where the article about the Sept. 26 meeting was covered, there is a photo of the steep wooden steps leading from Wing Island to the paths to the beach. The
photo below this caption refers to “an ADA-accessible path to Wing Island from Route 6A.” The public might certainly be confused by these two seemingly
contradictory pieces of information. For whatever boardwalk segments eventually built, will there be paved access from wherever people might be starting from
(6A drop off?) or Drummer Boy / Cedar Ridge trail? Should the general public be told now that all ADA accessibility ends at the beginning of the trail on Wing
Island?
I truly hope the town officials and Select Board members who speak at the next public forum in November will speak more carefully and accurately. General
references about enabling the public to use Wing Island and the beach are not helpful when there are so many related issues involved, e.g. where would they park
and will beach stickers be required, what kind of “access” is involved, can wagons, strollers, walkers be parked at the beginning of Wing Island Trail, will there
be a portable W.C. at the beach, and does the ditch on the dune side of the Island flood with high tides? Also what will the impacts be on parking for other users
of Drummer Boy park? I assume the Museum parking lots will continue to not be available during the summer but many people in the public may not understand
this wrinkle.
Please share my questions with any town officials or board members if you think it will be helpful for the ongoing discussion. When I wrote my Aug. 31 email as
part of the original public comment period, I was under the impression that the purpose of the new segment of the boardwalk from Drummer Boy area was to
enable all people to enjoy the beautiful marsh and views over it. If this is still the goal, then I reiterate that having an ADA-accessible Viewing Platform for this
purpose would be an excellent solution. Required improvements to the existing boardwalk could then be more calmly considered.
Daryl Bladen
On Sep 30, 2022, at 10:36 AM, Conor Kenny <ckenny@brewster-ma.gov> wrote:
Daryl,
I promised I woul d get back to you with an answer to your que stion. I’m sorry it’s take n me a few days; it’s been very busy at Town Hal l thi s
we e k.
I be l i e ve you aske d me about the answer provi de d to the questi on at the presentati on on Monday about the approx i mate distance from
Drummer Boy Park across the proposed boardwalk, onto Wi ng Isl and and then out to the beach.
In the presentati on, Mr. Claytor noted that the total length of the proposed boardwal k i s about 2500ft. Mr. Mille r noted that from the circl e at
Drummer Boy Park to the beach is about 0.67miles. For concept 2 that was di scusse d, it woul d be about half a mile from 6A to the be ach.
It was ni ce meeti ng and speaki ng with you e arl i e r this week – your feedback on the pre sentation was very helpful. Le t me know i f I can provide
you wi th any furthe r i nformati on.
Best,
Conor Kenny
Proje ct Manager
Town of Brewster
508-896-3701 x 1129
October 8, 2022
To: Select Board, Town of Brewster
About: The Wing Island Boardwalk Proposal
We have been part-time residents and tax-payers in the Town of Brewster since 2004 and will be full-
time residents in the near future. We are vehemently opposed to the proposed construction of a two-
part elevated boardwalk crossing the Quivett and Paine’s Creek Marshes to Wing Island from Drummer
Boy Park and the Cape Cod Museum of Natural History. We only heard of this project yesterday upon
arriving back in Brewster.
Our opposition is based on many factors, one of which is stewardship of the land. We are approaching
this as citizens not only of the Town of Brewster, but of also of Cape Cod and of vulnerable coastal lands
throughout Massachusetts and the USA. We became aware of Town's proposed development through a
network of concerned Brewster residents. After reviewing documentation from other citizens and
performing independent research on the proposal our opposition is based on a number of issues;
- The fragile ecosystem within the area of the project and the potential for irreparable harm to this
ecosystem and our town by development in this region.
-The limited information provided by the Town to residents regarding the scope of the project and its
two- part elevated boardwalk’s design. This information was only disclosed to the public in August, 2022
and has not been provided to all residents as we only heard of this by chance when talking to another
resident.
-We recommend that the Town should not proceed with this project without adequate time for all
residents and tax-payers in Brewster to; review a detailed plan of the proposal, allow for a period of
public comment and allow for further study of the environmental impact and cost of this project.
-We recommend that prior to proceeding with this project the Town should pay for an independent
assessment of the environmental impact and cost of the project. Once this assessment is completed,
and Town residents know the full impact and cost of the project, then whether to proceed should be put
to a vote by Town residents.
- The Town did not adequately survey Residents and Tax Payers to determine support for this project.
Upon reading that only 500 residents were surveyed we were appalled. This number is insufficient to
determine support for this project, nor is it fair to residents who were not polled.
We request that the Town put this project on hold and defer the permitting process which is slated for
November 2022 until the above suggestions are completed and voters are allowed to weigh in on this
project
Katharine Alter
Foster Lott
51 Harvest Lane, Brewster MA
Archive d: Tuesday, October 11, 2022 12:59:06 PM
From: Lindsey Locke
Se nt: Fri, 7 Oct 2022 16:00:46 +0000ARC
To: Cynthia Bingham; David Whitney; Ned Chatelain; Mary Chaffee; Kari Hoffmann; Peter Lombardi; Donna Kalinick; townadmin
Subje ct: Wing Island Boardwalk
Se ns itivity: Normal
S electmen and Town Adminis tration,
I am writing to you as a lover of W ing Island and a direct abutter to the M us eum of Natural His tory and Quiv ett M arsh to expres s my confus ion and objection to the
propos ed boardwalk to W ing Island. I am firmly agains t the cons truction of any elevated boardwalk cros s ing the mars hland.
M any hav e written eloquently about what is at stake with this project, and I direct you to Janice Riley's letter as I agree wholeheartedly with every point s he has
made. From my pers pectiv e, this project is unnecess ary and pos es many ris ks to the is land and the marsh. As a direct abutter, I hav e enjoyed the quiet walk acros s
the mars h and through the is land countless times . It is a place to go to es cape s ummer crowds and feel one with nature. It is not s poiled by tras h and remains wild-
feeling due to limited traffic on the island. From our yard we obs erv e g roups of children and adults cros s the planks to learn and dis cov er with the M us eum's guides .
Our numerous walks hav e s ometimes come at high tide, when planks in the middle of the mars h can get cov ered with a few inches of water. W e s imply take off our
s andals and wade carefully through - a small price we decide to pay in order to enjoy the beauty, peace, and quiet that awaits us on our walks . The majority of the
time, the boards are dry and easy for many to nav igate. T he planks provide an introduction of s orts to the is land, for the trails are lightly groomed and require s ome
s ens e of tact to avoid roots , s teps and inclines on that await you. It is a wonderful experience for those who can enjoy it.
I hav e attended many of the recent s electboard meeting s v ia Zoom about this propos al and hav e s ome concerns. The s elect board s eems to unanimous ly be in favor
of accepting the $1M private donation to erect two large boardwalks through the fragile mars hland onto a fragile is land. It was v ery concerning when a third option
was propos ed (one boardwalk replacing the current footprint) and this option was almos t NOT pres ented to town residents becaus e many of the board "preferred" the
double-boardwalk option. If there is the potential for compromis e that will dramatically reduce the footprint through the mars h and the ov erall s cale and price of this
project, it is s cary to think that the board would not find it their res pons ibility to pres ent this to the residents who voted for them. T o the res idents who trus t them
to make decis ions on their behalf. It is irres ponsible and quite frightening, to be frank. S electmen, with those comments you made it clear to lis teners that you are
pus hing your own agenda ov er your respons ibilities to towns people.
A s econd concern I have with this project is that it g oes ag ains t the very nature of cons erv ation and pres ervation. A large boardwalk from Drummer Boy Park is
inviting countles s touris ts to park their v ehicles , grab their beach gear, and trek to the is land with their families each s ummer. W e s till hav e not heard from an
independent organization (who is not tied to the engineering g roup) what the potential impact of increas ed traffic will do to the is land. Ques tions about tras h have
been brus hed to the s ide as is sues to be dealt with later in the proces s . I ev en heard from the group that tras h barrels will likely hav e to be placed on the mainland
in order to be emptied regularly. Think carefully about inv iting touris ts onto the beach and the likelihood of all carrying their tras h back to the parking lot with them
at the end of the day. It is naive to think this will happen ev ery time. The beach, the is land, and ev en the mars h will potentially be s ubject to rubbis h. I can't
imag ine this is a goal of cons erv ation. Ques tions about bathrooms hav e s imilarly been dis mis s ed as a "later" issue. I s trong ly urg e you to think of thes e is s ues NOW ,
before it is too late. Let's conserv e this area and protect it from the damag e that is likely to come when you open fragile areas to the mas s es . W ing Is land is loved
by many res idents already - it is perfect the way it is .
Another is s ue - neces s ity. W hy do we need this ? I hav e heard it is to prov ide univers al acces s to W ing Island for those who may hav e mobility is s ues or other
phys ical and non-phys ical handicaps . W hile I can appreciate this notion, it is s imply not going to be s olved with a large "bridg e" cros s ing the mars h. Once at the
is land, you have to navigate unpav ed, wooden trails to ev en v iew the bay. A boardwalk is s imply a paved path to nowhere from an acces s s tandpoint. And I certainly
hope that the vis ion does not extend so far as to lev el and pav e paths through the is land. But again, you'd reach a s et of s tairs that are not acces s ible to everyone.
W hen thes e concerns hav e been brought up at meetings , they hav e been met with talk about acces s ing the "views" of the mars h as oppos ed to the is land its elf.
W ouldn't a viewing platform at the end of Drummer Boy Park s olve this is s ue? It would provide the views while also cons erv ing the mars h and the is land its elf. For
thos e who enjoy the v iews and find thems elves motiv ated to explore the is land its elf, there is a new sidewalk to bring them rig ht to the beg inning of the W ing
Is land acces s trail without ever hav ing to cros s the s treet.
And after all of thes e propos als and meetings, there is s till no information av ailable to the public about the potential cos t of this project. A $1M donation is
g enerous . W ill it cov er cons truction? How much will be left ov er for future repairs and maintenance? Either you are not ready to dis clos e the price range for the
v arious propos als or do not know them yet - both scenarios are inexcus able as town leaders . It does not sit well with me or with many of your res idents .
The W ing Is land boardwalks are a giant mistake and mak e me fearful for the future of Brews ter. This is not cons ervation; this is not pres erv ation. I think many of
the goals you have expres s ed collectively as a group and within various v is ion plans can be accomplis hed with the newly acquired S ea Camps without damaging our
precious W ing Is land and Quiv ett M arsh.
I look forward to hearing more s pecific respons es to the concerns ex pres s ed to you through many written letters and expect price calculations and an independent
impact s tudy to be giv en before proceeding any further with this propos al.
Linds ey Locke
835 M ain S treet
October 12, 2022
Re: Proposed Wing Island Boardwalk Project
Dear Select Board and Planning Board of the Town of Brewster, MA
My wife and I are residents of Brewster, MA. I am an attorney and coordinating with Friends of Wing
Island to review and examine the proposed Wing Island Boardwalk project. This project, in its current
form, is fundamentally flawed in that it fails to account for negative environmental impacts. The plans
require construction at the floor of the marsh. As discussed below, this activity will negatively affect an
already fragile ecosystem in one of the most environmentally sensitive areas on the Cape. It will also
permanently alter the landscape of this historically protected area (Identified as a Priority Landscape as
part of Old King’s Highway Historic District; https://www.mass.gov/doc/brewster/download (see
appendix).
Moreover, the project will result in a substantial increase in pedestrian traffic on Wing Island, turning
the island into a recreation area and a throughway to a beach, leading to an increase in litter and debris
that will ultimately pollute the bay and marsh areas. We see this consistently during the summer
months on public beaches in Brewster when the numbers of people increase. The increased traffic will
also potentially threaten the habitat of endangered and protected species that make the island their
home. Given the legal and environmental concerns summarized below, Wing Island and its surrounding
areas are more suited to be maintained as a nature preserve -- not transformed into an overused
recreational area.
Further, the proposed additional 50-car parking lot at the Drummer Boy will turn a town park --
currently valued by residents for its fairs, concerts, walks, and farmer markets -- into a beach parking lot,
taking away valuable parking for those park functions, and encouraging heavy beach foot traffic through
a fragile ecosystem. Our town has recently spent $21 million for 121 acres that include bay beach and
pond front property; it seems worth exploring how resources directed at these boardwalks’ building,
maintenance, and rebuilding after storm damage, might instead be directed at beach access and walking
trails at the newly acquired Sea Camp properties.
The Town seemingly ignores the major environmental concerns in in its application for a grant, stating:
“Based upon our understanding of the project, it does not appear that mandatory review through an
Environmental Impact Report (EIR) would be required.” (emphasis added). The Town’s position is
incorrect and shows a lack of appreciation about the severe negative environmental impact this project
will have. MEPA regulations clearly apply to projects “that exceed MEPA review thresholds and that
require … State agency action, specifically, projects that are … are proposed by a municipal, nonprofit, or
private party and require a permit, financial assistance, or a land transfer from State agencies.” This
proposed project will most certainly require the permitting and financial assistance to meet these
thresholds and trigger MEPA requirements including an Environmental Impact Report.
Indeed, this project is precisely the type that MEPA was intended to cover. There are a myriad species of
bird, flora and fauna in the marsh, Bay and on Wing Island itself (protected species include Piping Plover,
New England Blazing star, and Diamond-backed Terrapin among others). Construction within the marsh
as well as the subsequent increase in foot traffic on or near Wing Island will negatively impact these
species. Additionally, tidal salt marshes, “provide important ecological services, habitat, disturbance
regulation, water quality improvement, and biodiversity, as well as accumulation and sequestration of
carbon dioxide (CO2) in vegetation and soil organic matter. Different management practices may alter
their capacity to provide these ecosystem services.” Carbon Sequestration in Tidal Salt Marshes of the
Northeast United States; https://pubmed.ncbi.nlm.nih.gov/26108413/. It is imperative that the Town
not alter the marsh in a way that will inhibit these vital ecosystem benefits.
Thus, a complete and comprehensive environmental impact report will be required before the project
can be properly assessed. In addition to State regulations, the Town may also need to comply with
multiple federal statutes including: National Environmental Protection Act (NEPA), Endangered Species
Act (ESA); National Historic Preservation Act; and Migratory Bird Treaty Act. Moreover, since part of the
project may be built in the Marsh area at water level, it may require permitting/authorization from the
U.S. Army Corps of Engineers (under the Clean Water Act, the Rivers & Harbors Act, or both).
We received input from an expert in marsh ecology, Mark D. Bertness, Ph.D., (Professor of Biology,
Department of Ecology and Evolutionary Biology, Brown University) who believes that increased access
will damage the marsh ecology and biodiversity. The support structures or screws will passively trap and
accumulate wrack, floating plant debris, that will kill marsh vegetation. Professor Bertness would favor a
less intrusive approach. These concerns are supported by additional scientific studies: “Piles supporting
these structures directly displace marsh vegetation while shading from the walkway and support
structures reduce vegetation density and biomass. Shading from walkways over salt marsh can also alter
underlying community composition and stem height. These impacts to marsh production can reduce salt
marsh ecosystem services since vegetation type and density directly influence the functioning of such
services” (internal citations omitted; An Experimental Evaluation of Dock Shading Impacts on Salt Marsh
Vegetation in a New England Estuary, John M. Logan1 & Steve Voss1 & Amanda Davis1 & Kathryn H.
Ford.https://www.savewingisland.com/uploads/3/7/0/9/3709486/wetlands_structural_shading_resear
c h.pdf
We should carefully heed these important environmental warnings before considering moving forward
on any version of this project. Given the environmental and legal implications, The Wing Island
Boardwalk Project should be removed and considered separately from the Local Comprehensive Plan
(LCP). Alternatively, the LCP Draft Action Plan should not be approved until further studies are done on
the potential negative effects of the Wing Island Boardwalk Project.
Sincerely,
Len Egert, Esq.
lenegert@gmail.com
Brewster, MA
https://www.savewingisland.com/
Friends of Wing Island Mission Statement:
to protect and preserve the environmental integrity of Wing Island and its surrounding marsh
through responsible stewardship of this coastal barrier island and its fragile ecosystem.
Who We Are — Our Guiding Principles:
The Friends of Wing Island is a grassroots group of citizens, which formed in August, 2022 in
response to the Town of Brewster's Wing Island Boardwalk Project. We advocate for the
protection of the island and its surrounding marshlands from such development, which would lead
to overuse and therefore irreparable harm to the environment for this generation and all generations
to come.
As citizens of the Town of Brewster we honor our reputation as an environmentally conscious
town that seeks to maintain a balance between development and preservation. We honor our
engagement with the best practices of sound, scientifically supported, stewardship of this coastal
resource through adherence to wetlands protection protocols within the guidelines of our strong
conservation ethic.
While we encourage improvements, especially those that include accessibility, we require that it be
within the guidelines of this ethic.
We believe the Wing Island Boardwalk Project does not meet that standard which is why we
oppose it. We oppose the original design (introduced to the public August 15, '22) as outlined by
the Town, Horsley Witten Engineers, and the Department of Natural Resources grant application to
Mass Trails, for a two-part elevated boardwalk, 10' wide and approximately 13' high (1/1
ratio/inverted Y). We oppose the modified designs known as Concept 1, primarily the original
design with size reduction considerations, and Concept 2, a single elevated boardwalk without the
DBP connector and with size reduction considerations, introduced September 26, '22.
We propose and support an alternative design option, "Concept 3," which we believe does meet
that standard. "Concept 3" is a marsh level boardwalk, similar in design to that at Mass Audubon's
Wellfleet Bay Sanctuary or Fort Hill's Maple Swamp Trail, from the Cape Cod Museum of Natural
History to Wing Island with a separate viewing platform off Drummer Boy Park. This concept
allows for improvements to the present boardwalk while improving access for the disabled
community there and at ADA accessible trails and an observation deck located off Drummer Boy
Park while protecting the fragile ecosystem and its scenic vistas. "Concept 3" is a minimal impact
alternative for the wetlands and island with improvements that will still benefit the community. We
are compiling data that will strongly support our alternative design option. We request that it be
added as a design option for consideration by the public and Select Board.
While we advocate for the responsible stewardship of Wing Island we are fully aware of the many
demands on the Town across a wide spectrum of issues that require foresight, planning, and strong
leadership. Our elected officials are responsible to the community to maintain balance in all their
initiatives while meeting the challenges it faces at this current time, not only those between
preservation and recreation, while furthering its goals and vision and respecting the wishes of its
constituents. The town's commitment to protecting open space has been demonstrated over many
decades, as has the commitment for conservation and education shared by the Brewster
Conservation Trust and the Cape Cod Museum of Natural History.
However, most responsible stewardship today seeks to restore wetlands from the adverse impacts
of structures built by earlier generations, which came before the passage of the Wetlands Protection
Act, the creation of the Environmental Protection Agency, etc., yet the Town of Brewster seeks to
build a new, high -risk structure across a sensitive salt marsh ecosystem subject to the most
damaging effects of storm events.
The challenge we face together today on the Wing Island Boardwalk Project is not inconsequential
for the citizens of Brewster, or the Cape wide community. We are partners in addressing these
challenges, not adversaries.
As a final note, although the term "bathing beach" was indicated as a use for the Wing Island
property in its purchase by the Town, that was sixty one years ago. Things and times and
topography have changed including our understanding of environmentally sensitive habitats. The
resident and visitor population has increased exponentially since that time and it is no longer a
necessary or appropriate use given that there are numerous other bathing beaches in the Town of
Brewster. The recent purchase of the old Sea Camps property, in the fall of 2021, with its extensive
beachfront, still an underused resource, is a case in point. We believe Wing Island should be
designated as a protected natural reserve, as John Hay proposed in his letter to the Select Board,
dated August, 1961, with a conservation restriction, rather than promoted as a public beach and
tourist destination. Each area, including Drummer Boy Park, has its own character and serves the
needs of our diverse population in its own singular way.
Our goal is to continue to raise awareness of the magnitude of this project, to offer an alternative
solution, and to work with the Town on accomplishing our goals together. We advocate for
improving access to the Wing Island ecological complex of island, marsh, dune, and beach while
protecting it through: carefully balancing education, recreation, and conservation; minimizing
overuse which may cause significant damage to Wing Island's physical and biological habitats;
maintaining the beauty and legacy of the open vista of this Mass Heritage landscape; and providing
opportunities for persons who are mobility challenged to enjoy this beautiful wildlife habitat,
which is our shared local treasure.
The Friends of Wing Island call for the inclusion of "Concept 3" as a design alternative. We further
call for the "Phased Public Outreach" stipulated in the Mass Trails Grant of 2021 for the Town's
partnership with the citizens of the Town of Brewster on the design of the Wing Island Boardwalk.
More information is available on our website: savewingisland.com
How Responsible Stewardship Is Done.
�VIas > Aud ttboi 's Wellf feet Bay Midi Saiict tia
y
The Friends of Wing Island's working model
for an alternative design known as CONCEPT 3: a single, marsh level,
ADA accessible boardwalk to Wing Island, with a separate observation deck
built off Drummer Boy Park.
Something we can support @savewingisland.com
• Accessibility
• Eco-tourism Hikes & Views
• Destination Boardwalk
• Preserving Heritage Vista of
Landmark Property
• Protecting Fragile Ecosystem
• Cost Effective & Low
Maintenance
• Passive Recreation
• Mitigating Environmental
Impact
• Tides Limit Access to Overuse
• Respecting Wildlife Habitats
• Educational Resource v.
"Underused" Resource
• Climate Change Preparedness
• "Up Close" Walking Experience
• No Public Beach
THE CAPE Col) JUNIOR MUSEUM
OF NATURAL IIISTOR, INC .
lugus t 15, 1961
Board of Selectmen
• Thw Town Of Brewster
Brewster
Mass.
Dear Sirs:
I am writing to you on behalf of the Board of
Trustees of our museum, calling; your attention to their
attitude not only with respect to Wing's Island but to
the Stony Brook Valley in general.
We ask that the townconsider the museum's
position in this area, with emphasis on its expanding
program throughout Cape Codand the number of visitors
anticipated At a future museum building erected On Mu era
land. Because of our activities,incrensing attention is
being paidto the natural features of the Stony Brook
Valley in, communities far beyond the borders of Brewster.
With this in mind, the museum is advocating a
Stony Brook Reservation , planned by a town committee,
which would be s unique area, comprising The Old . Mill,
various features of the museum's property , including a
stand of beech trees and a cranberry bog, the future
museum building, Wing's Island, end a public beach on
ling;'s Island, with a foot bridge approaching it from the
Paine's Creek parking lot. In this respect the museum
would like to cooperate with the town in any way it can,
feeling that such a reservation would be of lasting value
to the town and of national interest .
The museum is a public service institution. Its
purpose is to educatbon in the natural sciences and ± x to
help , individuals understand and respect their
natural environment. The Stony Brook area, with its herring
run, its tidal marsh, and many other features is unique ,
and would seem to us to be especially valuable these days
es en unspoiled section of Cape Cod land and water ®® something
for the town to be proud of .
With thanks for your whole -hearted cooperation with
the museum in the past, I am
Very Sincerely yours,
Jahn. Any, Pres.
Proposal
That the Cape Cod Junior Museum of Natural Ji, tort is
perpared to grant the Town of Brewster a 50 foot ensement on
the western boundary of its landbordering; the property or
Cyril William 3hovelier, so that the town may establish a
service road to Wing's Island., provided that the town give
the museum authority to establish nature trails on the island,
with the purpose of maintaining and protecting marsh and
upland ns a conservation area, for 1,he public benefit .
N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y
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 Allocation of ARPA Funds for Supplemental Services Related to
Wing Island Boardwalk Project
DATE: October 14, 2022
Following the Board’s feedback at your September 26, 2022 meeting, Horsley Witten
has developed a revised scope of work to complete the supplemental tasks outlined by
the Board relative to next steps on the proposed Wing Island Boardwalk project – see
enclosed for details. As discussed, this additional work will include further consideration
of potential ecological impacts on the island relative to their carrying capacity analysis
as well as development of visual renderings of the boardwalk as currently conceived
(Concepts 1 & 2). The estimated cost of this work is $15k.
In parallel with this work, we are seeking to partner with another organization, such as
The Trustees of Reservations or The Nature Conservancy, to help review and update
the Town’s existing ecological assessment and management plan for the island within
the context of potential impacts of the proposed access improvements – the enclosed
documents were developed 10+ years ago. We don’t yet have a cost estimate for this
work but expect it will be less than $15k. At this time, we are seeking Board approval
of allocating up to $30k of Town ARPA funds for this collective work.
If approved, we would proportionately decrease our allocation of these funds for site
remediation on the former Sea Camps bay property to $220k. We will have a better
handle on those estimated project costs once we complete additional soil analysis this
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
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
October 13, 2022
Mr. Christopher Miller, Director
Brewster Department of Natural Resources
1657 Main Street
Brewster, MA 02631
RE: Contract Amendment Request for Continued Engineering and Permitting Services for the
Wing Island Boardwalk Project
Dear Mr. Miller:
The Horsley Witten Group (HW) is pleased to submit this contract amendment to Town of
Brewster to provide continued engineering and permitting services for the Wing Island
boardwalk project. The following scope of work is to provide additional data collection and
analysis for a more refined carrying capacity assessment and additional graphics support for
public outreach. The specifics for these two tasks are as follows:
Task 2: Amendment to Carrying Capacity Analysis
HW will continue to support the Carrying Capacity Analysis by collecting additional data on
potential ecological impacts to Wing Island, as a result of the proposed project, that can be used
to refine the recreational carrying capacity (RCC) analysis completed to date. We propose to
collect additional information on the trails and visitor resting areas related to signs of existing
erosion and/or vegetation impacts, as well as to quantify sensitive environmental features near
the trails that may suffer impacts from more users to Wing Island. This data will be used to
refine and/or add additional ecological correction factors to RCC. This assessment may evolve
following our joint site visit, currently scheduled for October 26th, based on observations of more
subtle potential impacts that might be affected by visitors to Wing Island.
We have also budgeted to have two technical staff attend the Team field reconnaissance to
both Drummer Boy Park and Wing Island on 10/26/2022.
HW will present this for review by Town staff and address one round of comments. The final
Recreational Carrying Capacity Analysis will be provided in PDF format with tables and figures
as necessary, and suitable for public review.
Task 2: Existing Budget: $3,990
Task 2: Proposed Amendment Budget: $8,140
Task 2 Total Budget (with Amendment): $12,130
Mr. Christopher Miller
October 13, 2022
Page 2 of 3
H:\Projects\2022\22028 Wing Island Boardwalk\Admin\Proposal\221013_WingIsland_HWAmendment1.docx
Task 6: Amendment to Public Outreach
HW will continue to support the Public Outreach program by providing additional graphic
renderings and photo-simulations of the proposed boardwalk alternative concepts. HW will
prepare up to two photo-simulations of the proposed boardwalk using actual images of existing
conditions superimposed with the proposed features at two different locations. HW will also
update plans, profiles and typical sections for two alternative concepts. HW will submit draft
graphics for review by Town staff and address one round of comments. Final graphic exhibits
will be provided in electronic format suitable for virtual presentations in PowerPoint. Photo-
simulations will be prepared with sufficient resolution to allow for printing on poster board (the
cost of this printing is not included in the estimate below but can be provided upon request.
Task 6 Original Budget: $6,410
Task 6 Proposed Amendment Budget: $6,710
Task 6 Total Budget (with Amendment): $13,120
Total amendment amount for the above two tasks: $14,850
Proposal Elements and Assumptions:
This lump sum fee includes all services, reimbursable expenses travel (printing is not included)
necessary to perform the work identified above. Additional services beyond those listed above
will be charged as an extra to the contract, via a mutually acceptable contract amendment.
• Field work includes up to two days for HW ecologists to collect and tabulate data.
• Our preparation for, and attendance at, the 2nd public forum was included in the original
Task 6 budget. Attendance at additional project team meetings and/or public
meetings/hearings is not included in the lump sum fee estimate but can be provided
upon request as an hourly extra to our contract.
If you are in agreement with the above scope of work and budget, please sign in the space
provided below and execute the attached contract amendment form and we will update the task
budgets to reflect this amendment in our future billings. HW is prepared to continue work
immediately upon receipt of the signed amendment. We look forward to continuing to work with
the Town of Brewster on this important project. If you have any questions or require any
additional information, please do not hesitate to contact us directly.
Mr. Christopher Miller
October 13, 2022
Page 3 of 3
H:\Projects\2022\22028 Wing Island Boardwalk\Admin\Proposal\221013_WingIsland_HWAmendment1.docx
Sincerely,
Horsley Witten Group, Inc. Acknowledged and Approved:
Authorized Signature
Richard A. Claytor, Jr., P.E.
President
Title
Attachment
Date
STANDARD CONTRACT AMENDMENT FORM
For valuable consideration, receipt of which is hereby acknowledged, the parties to the
below referenced agreement mutually desire to amend said agreement as follows:
Consultant: Client:
Horsley Witten Group, Inc. Town of Brewster, Department of Natural Resources
Contact:Mr. Richard A. Claytor, Jr., P.E.Contact:Mr. Christopher Miller, Director
Address: Address:
Sextant Hill, 90 Route 6A
Sandwich, MA 02563 1657 Main Street
508‐833‐6600 Brewster, MA 02631
Amendment Type:
Option to Renew Contract
x Increase in Budget Due to Change in Scope of Work
Amendment to Scope of Work
Change in Dates of Performance
Other
Regarding:
Continued Engineering and Permitting Services for the Wing Island Boardwalk Project
Original Information:
Project #
Contract Date: 3‐Feb‐2022
Original Budget Estimate: $139,490.00
Previous Amendments: $0.00
Budget Subtotal: $139,490.00
New Information:
Amendment #1
Amendment Date: 13‐Oct‐2022
This Amendment Budget: $14,850.00
Total Contract Estimate: $154,340.00
This form shall be integrated with the original contract agreement and, as such, becomes part of said agreement.
Unless modified by this form, all terms, conditions and limitations of the original agreement shall remain binding on all parties.
Hourly rates and expenses will remain as quoted in the original contract unless otherwise specified by this amendment.
For the Consultant: For the Client:
X:X:
Name: Name:
Title:Title:
Date: Date:
Wings Island
Land Management Plan
Brewster, Massachusetts
2011
Compiled by:
Brewster Conservation Department
Brigit Are11, AmeriCorps Cape Cod
Wings Island Management Plan 2011
Table of Contents
Abstract 2
A. Introduction & Authority 9
B. Location 9
C. Background 9
D. History 9
E. Site Description 15
F. Ecological Significance 16
G. Existing Uses 19
H. Legal Protections 19
I. Threats to Natural Resources 19
J. Management Issues 20
K. Implementation 22
Table of Contents 1
Figures and Maps:
Cape Cod Locus Map 3
Brewster Locus Map 4
Wing's Island Map 5
Aerial Photograph of Wing's Island 6
Town of Brewster Assessor's Map 7
Cape Cod Museum of Natural History Trail Map 8
1868 Geodetic Survey Map 11
Division of Wing's Purchase 12, 13
Chart of Harwich, Brewster, Chatham & S. Orleans 14
Cape Cod Critical Habitats Atlas 18
Sources
Appendixes
1. List of prohibited activities
2. Plant species list
3. Animal species assumed to be present
4. Deed and title documentation
5. Town vote information
6. Signature page with all involved parties
7. Other related papers and News articles
25
1
Abstract
Purpose:
This Management Plan is intended to provide guidelines for passive recreation uses at the
Wing's Island property in Brewster, Massachusetts. This property consists of
approximately 122.1 acres, including 11.9 acres of Cape Cod Bay beach, 32.5 acres of
uplands, and 77.7 acres of tidal saltwater marshland. Wing's Island is now under the
direct management authority of the Town of Brewster Board of Selectmen, in consult
with the Conservation Commission and the Cape Cod Museum of Natural History. The
Town's goal is to provide limited passive recreation that will not disturb significant
natural features and avoid or minimize threats to the conservation values of the site. With
the assistance of the Cape Cod Museum of Natural History, Wing's Island has been
maintained as a valuable ecological resource for many years already. The goal of this
management plan is to provide a formal assurance that Wing's Island will continue to be
protected for years to come.
Background:
The Town of Brewster acquired the Wing's Island property through a series of purchases
from private owners. These purchases were proposed in a special town meeting held on
April 4, 1961. The order of taking was made final on July 14, 1961. The total cost to the
Town for the properties was $19,358.50. The total area of the acquired properties is
122.1 acres.
Recommendations:
• Establish a conservation restriction
• Enhance universal access to the area, possibly by building a boardwalk over Quivett
Marsh.
• Compile a fire fighting and emergency access plan for the area.
• Address issues of public beach use.
• Actively maintain the open field habitat on the west side of the island.
• Review and update plan on a semi-annual basis.
2
7
scale
0 miles 7
REGIONAL LOCUS MAP
CAPE
20
COD
BAY
2
NOTE: TOSE NESIN MAPS AREEYANCING NOT INTENDE
BREWSTER
5 I"= 200' ,.
eEv. -vq,
Town of Brewster
Conservation Division
Wing's Island
Map 1 Parcel 5
0 400 800
1 inch = 489.515961 feet
Wing's Island Ledgend
Wing's Island
STREET
Main St
1,600
Feet -
NORTH
6
TOWN OF BREWSTER, MA
BOARD OF ASSESSORS
2198 Main Street Brewster, MA 02631
Abutters List Within 300 feet of Parcel 1/5/0
Owner
GIS Parcel Not in PK Database
Key Parcel ID
0 6-14-0
Location
N/A
Mailing Street
Mailing City
ST Zip Code Country
3 1-5-0-E BREWSTER TOWN OF
(27-6-0)
0 WINGS ISLAND 2198 MAIN STREET
BREWSTER MA 02631
0 38-3-0 GIS Parcel Not in PK Database
WA
-TIFLED:
GIS Parcel Not in PK Database
N/A
DAVID H. TATELY, DEPUTY ASSESSOR
b -14-U
1-5-0-E
BREWSTER TOWN OF
2198 MAIN STREET
BREWSTER, MA 02631
38-3-0
GIS Parcel Not in PK Database
N/A
DATE: JULY 6, 2004
7/ 6/2004 Page
Nature Trails
�.j•
Cape Cod Bay
John Wing
Trail
x
Museum
Trail Distances (round trip)
Wing Trail 1 1/3 miles
North Trail
1/4 mile
South Trail 3/5 mile
N
rt
Wing's Island Management Plan
Latitude 41° 45' 28" N
Longitude 70° 07' 07" W
A. Introduction & Authority
This Management Plan is intended to provide guidelines for passive recreation
uses at the Wing's Island Property in Brewster, Massachusetts. This property consists
of 122.1 acres, including 11.9 acres of Cape Cod Bay beach, 32.5 acres of uplands,
and 77.7 acres of tidal saltwater marshland. The parcels are now under the direct
management authority of the Town of Brewster Board of Selectmen in consult with
the Conservation Commission and the Cape Cod Museum of Natural History. This
management plan, with its maps and appendices, is intended to comply with goals of
the Town of Brewster Open Space and Recreation Plan and the "Land Use and
Management Plan Guidelines" of the Massachusetts Division of Conservation
Services.
B. Location
Wing's Island is located in the northwestern corner of the Town of Brewster,
Massachusetts. The western border of the property is defined by Quivett Creek. The
northern border is Cape Cod Bay. The eastern and southern boundaries are defined
by the edge of the tidal saltwater wetland surrounding the parcel known as Wing's
Island. The properties to the east of the Wing's Island property are privately held.
Those to the south are held by the Cape Cod Museum of Natural History. To the west
lies Drummer Boy Park, this is held by the Town of Brewster, and Crow's Pasture
Conservation Area, which is held by the Town of Dennis. The southeastern corner of
the Wing's Island property touches Route 6A.
C. Background
The Town of Brewster acquired title to Wing's Island (Map 1, Parcel 5) and the
surrounding tidal saltwater wetland (Map 1, Parcel 1) on July 14, 1961. The Town
paid a total of $19,358.50 for the 122.1 acres, divided among twelve owners. This
purchase was the first open space acquisition for the Town of Brewster.
D. History
Wing's Island has been a place of cultural importance for thousands of years. Recent
archeological excavation of Wing's Island has uncovered artifacts as many as 8,000
years old. Fred Dunford, staff archeologist at the Cape Cod Museum of Natural
History, is still uncovering artifacts providing clues to the histor of this
as part of an extensive excavation project on the island. y piece of land
9
It is believed that people first took residence on Cape Cod approximately 10,000
years ago. At that time the Cape was much wider than it is now and the island would
have been an upland section of the mainland. It is likely that Native Americans
moved nomadically through this area, taking shelter in the wooded uplands during the
winters. As mentioned earlier there is evidence of settlement on Wing's Island dating
to 8,000 years ago and it seems that people lived in the area for nearly 5,000 years.
Close to 3,000 years ago the area surrounding the island was flooded on a regular
basis by the tides. Access to the island became difficult because of the marsh, and
archeological evidence suggests that few, if any, people existed on the island during
this time. Approximately 1,500 years ago agriculture was developed and there is
evidence that Native Americans settled more permanently in the upland areas of Cape
Cod, though shore areas such as Wing's Island were certainly still used for hunting
and fishing.
The first European settler to the island is believed to have been Edward Bang,
though there is no record of when, exactly, he came to claim ownership of the island.
John Wing purchased the land from Bang in 1658. Since this time, the island has
been known as Wing's Island. A stone monument has been placed on the island
commemorating John Wing as the first European settler to Brewster. No
archeological evidence of a house has yet been discovered. However, Paine's History
of Harwich reports a land claim dispute with Napaoitan in the 1670's in which Wing
is said to have a home or fence of some kind in place on the island. It is known that
John Wing was a Quaker and he may have moved his family to the island to escape
religious persecution.
John Wing died in 1699 and divided the island between his three sons. The
property remained in the Wing family until the early 1770's, when there is record of
parcels being sold to Scotto Clark and Kenelm Winslow. There is no mention of any
homesteads existing on the island besides that established by John Wing. In the late
1700's the land was divided among several owners and put to various uses. An 1868
geodedetic survey records extensive salt works on the island. Photographs from the
nineteenth century also depict these salt works. Salt marsh hay was cut in the Paine's
Creek and Quivett Creek marshes and this hay was frequently stacked on Wing's
Island for later transport. During the late nineteenth and early twentieth century it is
likely that weirs were established along the Cape Cod Bay shore of the island.
Long-time Brewster resident Washington Chase has orally recorded some history
of the early part of the twentieth century. He recalls there being a road that led to
Wing's Island at low tide. Archeological excavation has determined that this road
was constructed of logs and periodically sank into the marsh. No one lived
permanently on the island, but there was a duck hunting camp and a cranberry bog
operation. During the depression of the 1930's a few people camped on the island
while working at the cranberry bogs.
In 1961 the Town of Brewster bought the Wing's Island property from twelve
landowners. In 1964, the Cape Cod Museum of Natural History was established and
took over care and maintenance of the island. When the town bought the land there
was still a road that connected it to the main land and people would drive out to the
beach. However, this road required a lot of maintenance to keep it from sinking into
the marsh and it was soon reduced to the footpath that now exists. The current trails
10
?"---'
4i
..
Quivett Creek-Paines Creek Marsh - Town of Brewster
Brewster, MA
196.64 Acres (GIS)
DCR CR Recorded 8/30/2004 in book/page 18982/289 188 Acres (deed)
dcr
Massachusetts
Map Produced
Apr 07, 2006
1,000
DCR GIS 1:40,000 0 Feet
Conservation Restriction
— Perennial Stream
Agric. Pres. Restriction —•••- IntennittentStream
CR/APR Combination — Shoreline
Other Legal Interest — - Channel
DCR ® Dam
E Other Slate Land Open Water
=I Federal ` ; Weiland
Municipal ®® Cranberry Hog
® Non -Profit Tidal Flat
- - - Town Boundaries - Inundated Area
Page 4 — Locus Map
Town of Brewster
Conservation Division
0
Wing's Island
Map 1 Parcel 5
460
920
Wing's Island Ledgend
BARRIER BEACH -COASTAL BEACH
BARRIER BEACH -COASTAL DUNE
I SALT MARSH
SHALLOW MARSH MEADOW OR FEN
WOODED SWAMP DECIDUOUS
1 inch = 563.912973 feet
1,840
Feet
NORTH
were designed and established on the island by the Brewster Conservation
Commission shortly after the town purchased the land. At this time much of the
island was still open meadow habitat, but over the last 40 years most of the island has
become forested.
In 2001, an approximately 10 acre field habitat on the western side of the island
was re-established through cutting, prescribed burns, and selective use of herbicide on
invasive species. This has been a many year project. Annual mowing continues as a
method of removing woody vegetation and stump sprouts. There has been little other
human modification of the island since the town's purchase; however, Barnstable
County Mosquito Control maintains ditches to drain standing water from time to
time.
E. Site Description
The Wing's Island Property consists of 122.1 acres composed by 32.5 acres of
forested upland, bordered on the north, south and west by 77.7 acres of tidal saltwater
marshland. On the east shore of the island lies 11.9 acres of sandy Cape Cod Bay
beach.
Wing's Island, like most of Cape Cod, was formed by glacial activity and has
since been modified by erosion. The retreating glaciers deposited Eastchop loamy
fine sand, and Ipswich, Pawcatuck and Matunuck peats. Over time, the tides have
deposited the sand that composes the Cape Cod Bay beach.
The upland area of the island is now thickly forested; a meadow in the latest
stages of succession. The dominant species are Pitch Pine (Pinus rigida) and several
species of oak (Quercus velutina, Q. alba, Q. coccinea and Q. stellata). On the north
side of the island, visible from Paine's Creek, is a large stand of Sassafras (Sassafras
albidum) of considerable height and age.
Along the edges of the salt marsh a woody thicket thrives. The dominant species
here are High -bush Blueberry (Vaccinium corymbosum), Arrowwood (Viburnum
recognitum), Bayberry (Myrica pensylvanica), Chokeberry (Aronia arbutifolia) and
Bush Honeysuckle (Lonicera morrowi). Moving towards the water, these shrubs give
way to Salt Reed Grass (Spartina cynosuroides) which is listed as a species of Special
Concern by the Massachusetts Natural Heritage Program.
The salt marsh is flooded twice daily by the tides. This flooding brings essential
nutrients to the marsh and the many organisms that thrive there despite the harsh
conditions presented by sun, wind and salt. The tide also brings in fine sediments that
gradually contribute to the build-up of salt marsh peat. In some sections this peat
layer is twenty feet thick and four thousand years old. The predominant plant species
here are Salt Meadow Hay (Spartina patens), Spike Grass (Distichilis spicata), Large
Bulrush (Spartina robustus), Black Grass (Juncus gerardi), Marsh Elder (Iva
frutescens var. oraria), Seaside Goldenrod (Solidago sempervirens), and Glassworts
(Salicornia europaea, S. virginica, S. bigelovii). Many birds frequent this area
including Tree Swallows, Red -wing Blackbirds, Kestrels, Starlings, Marsh Hawks,
and Green and Great Blue Herons.
Also on Wing's Island there is an "abandoned Field Community" where many
"pioneer" plant species can be found. The most noticeable are the eastern red cedars,
15
sickle -leaved golden aster, the New England Blazing star and a variety of fall asters.
These species are shade intolerant and continued succession of the surrounding forest
threatens to shade out this plant community.
On the east side of Wing's Island there is an area of sand dune habitat. American
Beach Grass (Ammophila breviligulata) is the dominant plant here and it is extremely
important for securing the sand against the eroding forces of the tides. Several other
common dune plants are found here including Beach Pea (Lathyrus japonicus), Tall
Wormwood (Artemisia caudata), Dusty Miller (Artemisia stelleriana), Seaside
Goldenrod (Solidago sempervirens), and Beach Plum (Prunus maritima). This area
provides a home for Fowler's Toads and Hognose snake and possibly Diamond -
backed Terrapin, a federally endangered species.
Throughout the property non-native invasive plant species can be found,
including Japanese Honeysuckle (Lonicera japonica), Oriental Bittersweet (Celastrus
orbiculatus) and Phragmites (Phragmites australis).
F. Ecological Significance
The Town of Brewster O en S ace and Recreation Plan Draft 2000, a work in
progress by the Town with the coordination of Elizabeth Taylor, identifies several
conservation goals. These goals and objectives are outlined in sections 7, 8 and 9 of
the Plan. The preservation of Wing's Island furthers three of the four goals outlined
in section 8 and agrees with the objectives outlined under those goals:
*Maintenance of the rural character and identity of Brewster through the
protection of wooded, open field, and wetland parcels as well as preservation of
historic sites and structures throughout town to help retain the quiet natural beauty
and rural character of the town (Section 8.A.II).
*Ensure habitat diversity through protection of wetlands as well as critical
uplands through the acquisition of kettle -hole and coastal plain wetlands and
bordering upland buffers (Section 8.A.III).
*Ensure preservation of a variety of rural recreational activities and high -quality
natural environments in proximity to residential areas by establishing green
pathway linkages connecting various sections of town with each other and to
neighboring towns (Section 8.A.IV).
The importance of the Wing's Island property is based on the preservation of the
following characteristics: open space linkage, wetlands, wildlife habitat, historical
significance, scenic value and public recreation.
1. Open space linkage:
The location of Wing's Island makes it a very valuable link in the regional
distribution of open space. The 122.1 acres which make up the Wing's Island
property abut open space property held by the Cape Cod Museum of Natural
16
History and Drummer Boy Park which is held by the Town of Brewster. In
addition, it is located less than a mile from Crow's Pasture Conservation Area
in the Town of Dennis. All together, these properties make up more than 250
acres of coastal open space.
2. Wetlands Protection:
The Wing's Island property includes 77.7 acres of tidal saltwater wetland.
This habitat is extremely significant for the health of the coastal ecology.
Tidal wetlands serve as breeding and feeding area for many species of fish,
reptiles and birds. Catadromous species such as the eel use this area for
breeding and then return to the fresh water streams which feed Quivett Creek,
while andromous species such as the alewife travel through the wetland on
their way to and from their freshwater breeding grounds.
3. Wildlife Habitat Protection:
The Wing's Island Area is host to a variety of habitat types including: upland
dry forest, brackish depression wetlands, Cape Cod Bay beach, and tidal
saltwater wetland. This variety makes the Wing's Island area a preferred
habitat for many species of unique plants and animals. The Cape Cod
Museum of Natural History has been involved in several studies of the
plants, birds and ecology of the area. See attached species lists.
4. Scenic Value:
Visitors to the Cape Cod Museum of Natural History and the Wing's Island
Area will agree that this property is visually pleasing. Whether the island is
observed from the windows of the Museum or by walking on its trails, the
beauty of the scenery is memorable. This property is a great asset to the
character and beauty of the town, as undeveloped sections of coastline
become increasingly hard to find.
5. Public Recreation:
The Town of Brewster originally purchased the Wing's Island property for
the purpose of public recreation and beach access. To this day it is among the
most frequently visited sections of Brewster. The Cape Cod Museum of
Natural History uses the area extensively for educational walks. Tourists and
residents alike enjoy the trails and beach on Wing's Island.
In addition to the reasons for conservation of Wing's Island listed above, the
property has been identified as an area of state and national significance for several
reasons. Wing's Island is identified as an area of primary sensitivity on the
Archeological Resources Map prepared by the Cape Cod Commission. The Cape
Cod Critical Habitats Atlas identifies the area as approximate habitat for state -listed
17
rare species of plants and wildlife. In addition, the Atlas calls attention to this area
for its salt marsh, barrier beach, andromous fish run, and significant coastal plain
pond shore.
G. Existing Uses
Local residents as well as visitors to the Cape Cod Natural History Museum have
enjoyed Wing's Island for many years as a quiet place to walk, watch birds and
wildlife, and hunt. The use of Wing's Island is expected to continue as it has in the
past.
II. Legal Protections
The Town of Brewster acquired the Wing's Island property for the purpose of a
public bathing beach and recreational area. At this time there is no conservation
restriction or any other legal means of deterring alteration of the uses of the upland
portions of this property. In 2004, the town granted a conservation restriction on the
wetlands surrounding Wings Island in favor of the Commonwealth of Massachusetts
Department of Conservation and Recreation. The Conservation Commission may
want to pursue an additional conservation restriction in order to ensure the protection
of the valuable natural resources that exist on Wing's Island.
I. Threats to Natural Resources
The natural and cultural features that provide the environmental significance of
the Wing's Island property are described in section F. Management of the property is
intended to protect and, where appropriate, enhance those characteristics. The
Management Recommendations proposed in section J are based on an overall goal of
providing limited passive recreation that will not disturb significant features and
avoid or minimize the threats listed below:
1. Wildlife Habitat:
Threats to plants and wildlife include trampling, human overuse, collecting,
and disease/infestation. In the summer time the Cape Cod Museum of Natural
History draws a significant number of people to the area. This does pose
some threat to the habitat; however the area has been managed very well in
the past and this is expected to continue. The current trail to the island is
flooded at high tide, which limits the access to the area and no new walking
trails are recommended at this time on the property.
Historically hunting has been a popular recreation in this area. Currently
hunting is prohibited on the upland areas of Wing's Island per order of the
Board of Selectmen. However, under Commonwealth regulations, fishing and
fowling cannot be prohibited on tidal marsh waters. Therefore, hunting is
allowed on the Quivett Creek wetland surrounding Wing's Island.
19
Cape Cod Mosquito Control maintains ditches in the marsh to drain standing
water and they also monitor greenhead fly trap boxes during the summer.
These activities pose some threat to the ecology of the area, but they are
considered necessary to control the diseases carried by biting insects.
2. Forest si nificance:
Threats to the woodland include cutting and disease. Currently there is little
evidence of either of these threats and the Island will continue to be monitored
in the future to guard against these problems.
3. Wetlands protection:
Threats to wetlands include dumping, filling, erosion, and changes in water
quantity and quality. Dumping and filling have not been perceived to be a
problem in the last several years, nor is there any anticipated threat of such
activities. It has been proposed that a boardwalk be built over the marsh area,
connecting the Island to the mainland. The construction process of the
boardwalk may have minimal impacts on the marsh, however after the
boardwalk is completed the marsh will be less impacted by pedestrians than it
is now. Erosion is a natural part of this habitat and poses no serious threats at
this time. Probably the greatest threat to this wetland is potential changes in
water quantity and quality. The wetland is fed by the tides on Cape Cod Bay
and the freshwater creeks and ponds that are the source of Quivett Creek.
These freshwater sources should be monitored in order to protect the health of
the entire habitat.
4. Scenic Values:
Threats to the visual quality of the Wings Island Area are the erection of
permanent structures, erosion, cutting and litter. With the exception of a
possible boardwalk, no permanent structures are planned. The current
evidence of erosion on the Island is minimal and it is not expected to be a
significant problem in the future. Due to the number of visitors to this area,
litter is a problem that needs to be monitored. There has also been trouble
with vandals in the past. The volunteers and employees of the Cape Cod
Museum of Natural History have been very useful in cleaning up this area.
J. Management Issues
There are several land management issues concerning Wing's Island which
should be considered in the near future:
20
1. Leal Protection:
The Wing's Island property was bought by the town with the expressed
purpose of public recreation and beach access. The sale was made in 1961,
prior to the establishment of the Conservation Commission or the Brewster
Conservation Trust. Therefore, the land fell to the control of the Board of
Selectmen and no legal protections against development or sale of the land
were implemented. In the years since 1961, Brewster has become
significantly more developed and open space has become increasingly
valuable for preserving the character of the town. Although there is no
conservation restriction held on the island its self there is one held by the
Massachusetts Department of Conservation and Recreation on Quivett Creek/
Paines Creek Marsh. These restrictions may limit what is done to Wing's
Island in the future. It would be unfortunate if Wing's Island were ever to be
put to some other use than its current open space status. In order to prevent
development it would seem wise to put this land under a conservation
restriction with the Brewster Conservation Trust or other suitable group.
2. Universal Access:
Up until 2010 access to Wing's Island was limited to a single board trail
which would flood within an hour each side of high tide. Periodically this
trail would sink into the marshland. It was suggested that a raised boardwalk
with side rails be built where this trail exists. Such a boardwalk would
increase accessibility to the trails on the island and the side rails would
discourage foot traffic in the marsh. This boardwalk could be constructed at
relatively low cost with the assistance of AmeriCorps volunteers as well as
Cape Cod Museum of Natural History volunteers.
In 2010, with the assistance of Americorps Cape Cod members, Brewster
Department of Natural Resources replaced many of the planks on the trail.
Previously there was a raised bridge that continually would drift away with
extreme high tides and the decision was made to keep the trail flat all the way
through the marsh. This should reduce the cost of maintenance since the
boards are secured to a post in the ground; it would seem advantageous to
maintain the flat boardwalk unless major issues occur and a reason to change
the structure of the path arises.
In October of 1997, with the assistance of supervising contractor Richard
Tefft and Tread Lightly, the Brewster Conservation Department constructed a
wooden stairway down the coastal bank to a trail leading to the beach. The
project was undertaken due to erosion of the coastal bank caused by
pedestrians reaching the beach.
Other projects that were occurring during this time was the restoration and
improvement of the solar calendar located on Wing's island. The solar
calendar restoration included the planting of native plant species and the
installation of signs along the trail.
21
3. Field Restoration:
In the western section of Wing's Island there is an area that was once an open
field. Beginning in 2001, this field was restored. With limited active
management, this area quickly became overgrown with shrubs and trees,
many of which are invasive species.
In 2006 Brewster Natural Resources continued the field restoration this
was funded through a Barnstable County Land Management grant. They were
able to remove 95% of the autumn olive on the site at that time. Two large
brush piles were burned in the 2006 winter which assisted with clearing the
field. There has been spring mowing to suppress the growth of invasive
species and woody plants. Hopes were to use the land management grant to
perform a prescribed burn, but weather did not cooperate and the burn could
not be performed. Through the burning of the brush piles there was additional
surface burn for safety and conservation purposes. These burned areas show
that grasses were greatly encouraged by the burn. If possible the prescribed
burn that the land management grant stated should be considered.
Mechanical cutting of the field was completed by the Brewster
Department of Natural Resources in 2009, 2010, and is proposed for 2011.
The field should be assessed each fall to determine the need for continued
mechanical cutting or prescribed burns.
4. Horses and Bicycles:
Currently there are no restrictions on riding horses on Wing's Island. Use of
the island by horseback riders is not excessive, however, even occasional
horse traffic causes significant erosion of the island. In order to access the
trails on the island, horses must walk through the marsh, which causes
significant trampling and poses a threat to the horse. A ban on horses on
Wing's Island should be considered and, if adopted, signs should be posted at
the trail head explaining the new policy
Bicycles also cause erosion and trampling. On the majority of Brewster's
conservation land bicycles are allowed on existing cartways, eight or more
feet wide. No such cartways exist on Wing's Island and therefore bicycling
should be prohibited.
5. Dogs
Dogs are currently allowed on Wings Island. They can be an issue on the
narrow access trail to the island, especially if they are off leash. They also
pose a threat to many nesting birds, both in the field habitat and on the beach.
In the past few years, Piping Plovers, a federally endangered species, has been
known to nest along the wash over areas on the western portion of the beach.
When nests are discovered, predator exclosures and symbolic fencing is
erected, along with "No Dogs" signs on that portion of the beach. Due to its
22
remote location, however, no enforcement is conducted by the town.
Consideration should be given to a no dogs policy for the island during the
spring and summer months.
6. Public Beach Use:
The Town of Brewster purchased Wing's Island for the purpose of public
beach access. However, the beach that exists there has not been managed in
the same manner as the other town beaches, which raises several issues. This
beach is not as heavily used as the other town beaches because of the hike
required to access waterfront. Use of this beach is a cause of some concern
about safety, as it would be difficult for emergency aid to respond quickly to
an accident at this site. Beach use increases the amount of litter on the
property and it would be preferable not to have a trash receptacle placed there
or have signs that indicate a "leave no trace" policy.
Finally there is the issue of parking fees. Visitors to the museum park for
free and this free parking makes the Wing's Island beach more attractive than
the other town beaches which require a beach sticker.
7. Fire Plan:
Historically, fire has been an important part of the ecology of Wing's Island.
For the last several decades fires have been repressed on Wing's Island, like
most of Cape Cod. Currently there is no plan of action in case of fire on
Wing's Island. This issue should be discussed to determine what action
should be taken should a fire be started on the property through natural or
human events.
K. Plan Implementation
1. Property Management
The Town of Brewster Department of Natural Resources Director will
serve as the contact person for all inquiries and management coordination.
Plan design and management is vested in the Town, in consultation with the
Cape Cod Museum of Natural History's Stewardship Committee, among
others, as needed. Actual implementation of many of these recommendations,
including those outlined in section J, will be undertaken by Town employees
of the Conservation and Natural Resources Departments with the assistance of
AmeriCorps Cape Cod volunteers as well as Museum employees and
volunteers. The Brewster Police Department will respond to criminal
complaints.
In the event of conflicting interpretations regarding implementation, the
Board of Selectmen and the Director of Natural Resources should be
consulted.
23
2. Property Security
Employees and volunteers of the Cape Cod Natural History Museum have
been monitoring misuse and reporting suggestions for improved use of the
Wing's Island property. This is greatly appreciated by the Town and
hopefully will continue in the future.
As the persons most directly affected (both positively and, potentially,
negatively) by the presence of a town park in the area, abutting property
owners should be encouraged to get involved with the care of the conservation
area. Resident volunteers could be very helpful in litter patrol and monitoring
of daily activity. These volunteers should be made official stewards reporting
regularly to the Brewster Department of Natural Resources, so their
investment in the project is recognized.
All breaches of the rules of the conservation area should be reported to the
police and logged, in order that conservation officials can determine the extent
of documented abuse, rather than depend upon anecdotal information
3. Fire Plan
The goal of a fire plan is to ensure safe and adequate access for emergency
vehicles to suppress fires at Wing's Island, with particular aim to protecting
surrounding buildings. The Fire Chief should submit a plan designating
staging areas and proposed firefighting access and methods and water
availability. There are no houses near the island so a fire on the island is not
considered an immediate threat to human life or property.
4. Update and Review
The Brewster Department of Natural Resources and the Cape Cod Museum of
Natural History Stewardship Committee should review this Management Plan
every year. In advance of an annual public meeting on this plan, the
Commission should confer with other town departments to determine their
concerns. The Commission should update the plan as necessary. The
Commission should report to the Selectmen any problems in compliance with
the management plan. New or modified components to the management plan
can be adopted at any time after a publicly -advertised town meeting.
24
Sources
Dunford, Fred and Greg O'Brien. Secrets in the Sand. Parnassus Imprints: Hyannis,
Massachusetts. 1997
Paine, Josiah. A History of Harwich. Parnassus Imprints: Yarmouthport, Massachusetts.
Reprinted 1971.
Schall, Donald G. John Wing Trail Guide. Cape Cod Museum of Natural History and
Brewster conservation commission. Printed July 1987.
Much information was gained through several conversations with Fred Dunford, staff
archeologist at the Cape Cod Museum of Natural History.
Video recording of Washington Chase remembering Brewster in the mid -twentieth
century, produced and held by the Cape Cod Museum of Natural History.
The Cape Cod Museum of Natural History Library holds a file of information about
Wing's Island and the Museum staff and volunteers are excellent sources of information
about the Island.
25
Project Narative
Habitat Need for Project: Since the decline of agriculture and the suppression of
wild fires at the turn of the last century, there has been an increasing loss of open fields
throughout Cape Cod. All over the Cape, sand plain grasslands are being lost to
succession of shrub and forestlands and the globally significant species that are
dependent on these grasslands are in decline due to a substantial loss of habitat. Field
dependent species of birds (i.e. Vesper Sparrow, Grasshopper Sparrow, Eastern
Meadowlark, Bobolink), various plants, and butterflies require large open fields as
habitat. Biologists and ecologists generally consider 10 -acres to be the minimum size
that will sustain a wide diversity of animal species, however, when fields are proposed
adjacent to open areas such as salt marshes or heath lands, smaller upland fields will also
sustain a broad diversity of species.
Area under Consideration: In the case of Wing's Island, which has an upland area
of 32.5 -acres, approximately one quarter of the upland area is under consideration. The
subject area is the western section of the island, with the trail forming the eastern border.
In order to buffer the initial cutting procedures from pedestrian users and retain the
canopied character of the central trail on the island, a 10 to 20 foot undisturbed area could
be left along the western side of the trail. The western portion is being considered for
several reasons. Much of the existing vegetation here is shrubby invasive species (i.e.
Multiflora Rose, Bush Honeysuckle, Autumn Olive), and there are few shade -casting,
mature trees. Those trees that are in this area have most likely grow up within the last 40
to 60 years, indicating that this section of the island was an open field prior to the Town's
purchase of the land and the suppression of fire. Also among the current vegetation are
several species of native shrubs (Beach Plum, Virginia Rose, Bayberry, Shadbush,
Highbush Blueberry, Arrowwood) that would quickly re -sprout after clearing if left
unmanaged.
This section of the island under consideration has a northwestern exposure and the wind,
sea -spray, and sun will assist in repressing the natural succession process if fields were
restored there. In addition, this area is directly across the Quivett Creek Marsh from
Crow's Pasture in the Town of Dennis. Effort has been made to restore the field habitat
at Crow's Pasture and a field on Wing's Island could foini a good ecological link by
providing additional habitat for birds. Portions of the Drummer Boy Park at the edge of
the Quivett Creek Marsh are being annually mowed which also add to similar habitat in
the immediate vicinity.
Planning: Former Cape Cod Museum of Natural History staff such as Fred Dunford
provided extensive input into the planning process. The presence and involvement of the
Cape Cod Museum of Natural History would be very useful in educating the public about
the process of field restoration and the ultimate goal of native species habitat. Various
local experts have already participated in the planning process, these include: Dennis
Murley, naturalist with the Wellfleet Audubon Sanctuary, Tor Hansen, naturalist and
butterfly expert, Steve Spear, with the Natural Resource Conservation Service, and
Donald Liptack, District Conservationist also with the NRCS. State-wide experts on field
restoration such Tim Simmons, Restoration Ecologist with the Naural Heritage Program
has been consulted and Jim Oehler, Upland Program Coordinator with MassWildlife has
visited the site and offered technical assistance. All of the experts who visited the site
were supportive of the project not only for its potential ecological benefits as potential
sand plain grassland, but also for its benefits as an educational model.
The Brewster Selectmen are charged with the care, custody and control of Wing's Island
and voted to approve the proposal on May 17, 2004. The Conservation Commission
would also have jurisdiction over the majority of the proposal and, if approved, would
condition the project so that wetland resources would not be impacted. The Cape Cod
Museum of Natural History Board of Trustees and the Friends of the Museum have both
been briefed of the project at their public meetings. No oppositional views were
expressed. Sue Finnegan, who conducts bird banding on the island has also been
consulting, and this proposal will be implemented so as not to negatively interfere with
her study.
Logistics/ Construction Protocol: Due to the nature of the island, the only access
is over a historic "corduroy" road (a road formed in the salt marsh by arranging logs on
the surface to create a roadbed). Bringing in heavy machinery would have to be done
very carefully, using full sheets of 3/a" plywood or similar material to distribute the weight
of the equipment. The clearing could be conducted using a skid steer with a front -
mounted mower to remove brush and trees up to 3 inches in diameter while using either a
chainsaw or a tree sheer mounted on a similar piece of equipment to remove trees up to
12" in diameter. Trees should be piled in a location outside of major vista corridors
where the piles will serve as nesting and cover habitat for various species. Some of the
wood material could also be used to repair and stabilize trails on the island through the
use of water bars and check steps.
Most deciduous plant material will be expected to re -sprout vigorously. By allowing a
small amount of growth in the fall and then initial growth the following spring, cutting in
the month of May will impact the carbohydrate reserves of the plant at the most
advantageous time. This strategy of timing the cutting of the target species to correspond
with carbohydrate transfer substantially increases the efficacy of the cutting, making the
maintenance period shorter and reliance on herbicides lower.
Initial seeding is not proposed because substantial herbaceous cover is currently
persisting under the shrub cover. This herbaceous layer is likely to excel once exposed to
full sun.
5 Year Plan
Year 1
Late Summer (post nesting season) brush and tree clearing up to 12" caliper. Isolated
mature canopy trees to be preserved. Completed
Year 2
Spring mowing of stump sprouts Completed
Summer and/or Fall maintenance mowing as needed. In progress
Year 3
Spring maintenance mowing.
Fall maintenance mowing and/or hand pruning with rotary brush cutter to stump sprouts
of woody species and selective application of herbicides directly to cut stumps of
invasive exotic species, if needed.
Year 4
Spring maintenance mowing and/or hand pruning with rotary brush cutter to stump
sprouts of woody species.
Fall maintenance mowing and/or hand pruning with rotary brush cutter to stump sprouts
of woody species and selective application of herbicides directly to cut stumps of.
invasive exotic species, if needed.
Year 5
Fall Maintenance mowing and/or hand pruning with rotary brush cutter to stump sprouts
of woody species and selective application of herbicides directly to cut stumps of
invasive exotic species, if needed.
Variance Justification
The primary reason for this project is to create critical grassland habitat. This will be
done without creating any adverse impacts to the interests of the Brewster Wetlands
Protection By-law.
1. Project Narrative — Please see above.
2. Summary of Alternatives
A. No Action Alternative: If no action is taken to address the plant succession on
Wing's Island, then the subject area would likely continue transforming from a dense
shrubland to forested area with a high population of invasive species in the understory.
Unmanaged invasive plant populations generally increase over time with a consistent
decrease in biodiversity. No critical grassland habitat would be achieved in the no action
alternative.
B. Grassland Restoration with all work done by hand: The subject area could be cleared
by hand. This would be extremely labor intensive. Chainsaws and Rotary Brush Saws
would be required. Access to the island would be simplified as all equipment would be
brought in by hand. Vegetation removal could be slightly more selective as well.
Labor estimates with a crew of 10-15 people would take a minimum of 3 weeks. WHIP
funds do not have a reimbursement mechanism for hand clearing. This level of skilled
volunteer labor is not available. Americorps Cape Cod would be qualified to execute the
work, but the Town of Brewster has historically received 3-4 of these service days,
making this level of effort infeasible. It is extremely unlikely that this method would be
possible.
C. Grassland Restoration with clearing using a "Brontosaurus" type heavy mulching
mower: The subject area could be cleared of woody vegetation using a brontosaurus type
mower as was done on the nearby Crowes Pasture grassland restoration. This type of
mower is capable of mulching a 12" diameter pitch pine standing upright. Access to the
island would be very difficult and the current access to the saltmarsh would have to be
widened. The process of mulching material in place can delay germination and spread of
herbaceous species. Within 3 years, the Crowes Pasture area seemed to have recovered
from the mulch caused from the initial clearing. The major reason why this method of
clearing vegetation was not proposed is due to the difficulties and potential impacts
associated with accessing the island.
3. Summary of Potential Benefits
Since the decline of agriculture and the suppression of wild fires at the turn of the last
century, there has been an increasing loss of open fields throughout Cape Cod. All over
the Cape, grasslands are being lost to succession of shrub and forestlands and the globally
significant species that are dependent on these grasslands are in decline due to a
substantial loss of habitat. Field dependent species of birds (i.e. Vesper Sparrow,
Grasshopper Sparrow, Northern Harrier, etc.), various plants, and invertebrates require
large open fields as habitat.
Field habitat has been created at Crow's Pasture and a field on Wing's Island could form
a good ecological link by providing additional habitat for birds and other animals capable
of traversing the saltmarsh. Portions of the Drummer Boy Park at the edge of the Quivett
Creek Marsh are being annually mowed which also add to similar habitat in the
immediate vicinity.
4. Summary of Potential Impacts
The greatest risk for potential impacts to the environment relates to the saltmarsh
crossing. These risks will be kept to a minimum by using mats to distribute the weight of
the equipment which calculates to less than 120 pounds per square foot, less that the
weight of an adult male (who frequently traverse the marsh).
Another risk is to the loss of vegetation, however, the plant diversity is likely to actually
be higher with the many grasses and forbes that typically colonize grassland areas.
Erosion is a very low risk as no significant slopes are proposed for management.
5. Mitigation Measures
The greatest mitigation associated with this project is the project itself, as it is designed to
create and enhance critical wildlife habitat.
6. Timetable, Cost, and Protocol
The timetable is detailed in the 5 Year Plan above.
The approximate cost to clear 9 acres is $18,000. The cost to provide seven maintenance
mowing treatments to the subject area in the following four years would be
approximately $4,095.
Final Variance Justification
The project is proposed only within the coastal floodplain and the saltmarsh buffer zone
resource areas. The project will not have any adverse impacts on any regulated resource
areas. Further, the project will only improve wildlife habitat, which is the only applicable
wetlands interest.
Town of Brewster
SPECIAL TOWN MEETING
WARRANT
for
NOVEMBER 14, 2022
at
6:00 PM
STONY BROOK ELEMENTARY SCHOOL
384 UNDERPASS ROAD
Please bring this copy of the warrant to Town Meeting
Large print copies of the warrant are available at the Brewster Town Offices
*DRAFT 10.14.22*
TOWN OF BREWSTER
SPECIAL TOWN MEETING WARRANT
NOVEMBER 14, 2022
TABLE OF CONTENTS
A INDEX
B INFORMATION
C 2022 SPECIAL TOWN MEETING WARRANT
ARTICLES
ARTICLE DESCRIPTION SPONSOR PAGE
1 Outstanding Obligations Select Board
2 Capital and Special Projects Expenditures Select Board
3 Community Preservation Act Funding Select Board
4 Conservation Restriction: 0 Holly Ave (Rear) Community
Preservation
Committee
5 Town Code Amendment to Community
Preservation Act Bylaw (§ 17)
Community
Preservation
Committee
6 Town Bylaw Amendment: Limits of Debate Select Board
7 Town Bylaw Amendment: Quorum
Requirement
Select Board
8 New Town Bylaw: Reconsideration Select Board
9 Town Bylaw Amendment: Special Town
Meeting Warrant Deadline
Select Board
10 Local Comprehensive Plan Select Board &
Planning Board
11 Temporary Easements: Millstone Road
Improvement Project
Select Board
12 Private Road Construction Services:
Vesper Pond Drive
Select Board
13 Creation of New Revolving Fund: Bay
Property Pool
Select Board
14 Bay Property Pool Funding Select Board
15 Rescind Debt Authorization Select Board
16 Local Adoption of State Statute: Local Election
Deadlines
Select Board
D TOWN MODERATOR’S RULES
E GLOSSARY OF FINANCIAL TERMS
INFORMATION FOR NOVEMBER 14, 2022
SPECIAL TOWN MEETING
Services Available to the Public During Town Meeting
TRANSPORTATION:
The Council on Aging offers rides to and/or from Town Meeting. For information or to schedule
a ride to and/or from Town Meeting please call the Council on Aging at 508-896-2737 by noon
on Wednesday, November 9th. Rides are available during the entirety of Town Meeting.
CHILD CARE SERVICES:
Nauset Youth Alliance provides free childcare services for children ages 5 – 14, from
5:30 pm – 9:00 pm, in the Stony Brook School Library during Town Meeting. If you would like to
take advantage of this service, please call or email the NYA before 4:00 pm on Friday,
November 11th; 508-896-7900 or drost@nausetyouthalliance.org
TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 14, 2022
Barnstable, ss
To: Roland W. Bassett, Jr. Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the
Cafeterium at the Stony Brook Elementary School, 384 Underpass Road, on Monday,
November 14, 2022, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the
following articles:
OUTSTANDING OBLIGATIONS
ARTICLE NO. 1: To see what sums the Town will vote to appropriate from available funds for
the payment of unpaid obligations from previous fiscal years, including any bills now on
overdraft:
Department Outstanding Obligations Amount
a. Brewster Elementary
Schools
Wages $1,777.00
b. Utilities Eversource $144.92
c. Employee Benefits Department of Unemployment
Assistance
$2,545.00
d. Building Department WB Mason $127.99
Total
Or to take any other action relative thereto.
(Select Board) (Nine-tenths Vote Required)
COMMENT
This article will authorize the payment of outstanding bills from a previous fiscal year.
According to Massachusetts General Laws, a Town cannot pay a bill from a previous fiscal year
with the current year’s appropriation. Therefore, Town Meeting authorization is required.
Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 2: To see what sums the Town will vote to raise and appropriate, transfer from
available funds, or authorize the Town Treasurer to borrow under and pursuant to
Massachusetts General Laws Chapter 44, Sections 7, 7(1), or 8, or any other enabling authority,
for the capital outlay expenditures listed below, including, in each case, all incidental and
related costs, to be expended by the Town Administrator with the approval of the Select Board,
except School expenditures to be made by the School Superintendent with the approval of the
School Committee; authorize leases and lease purchase agreements for more than three but
not more than five years for those items to be leased or lease purchased, and further that the
Town Administrator with the approval of the Select Board or School Superintendent with the
approval of the School Committee for school items, be authorized to sell, convey, trade-in or
otherwise dispose of equipment being replaced, all as set forth below:
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
1 Select Board
a. DBP Master Plan Update
- Phase 1 Construction
Professional services
and construction costs
of park improvements
Free Cash $255,000
b. Sea Camps
Comprehensive
Planning
Professional services
associated with
developing a
comprehensive plan
regarding future uses
of the former Sea
Camps properties
Free Cash $175,000
c. Updated Ponds Water
Quality Report
(IWRMP)
Professional services
associated with
creating a pond water
quality database and
reviewing data to
identify future needs
Water Quality
Stabilization
$50,000
d. Sea Camps Interim Uses Costs for events,
programming, and
increasing public
access/awareness
Free Cash $50,000
e. Integrated Water
Resource Planning/
Implementation
Professional services
associated with
technical assistance
regarding water
quality planning and
initiatives
Free Cash $35,000
Sub-Total $565,000
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
2 Department of Public Works
a. Sea Camps Pool Parking
Lot
Professional services
for engineering,
permitting, and
construction of new
parking area,
including but not
limited to paving,
installation of
stormwater
infrastructure, and
landscaping
Free Cash $250,000
b. Drainage/Road
Maintenance
Professional services
for engineering,
permitting, and
construction
associated with road
maintenance and
drainage
Free Cash $225,000
c. Loader/Backhoe Purchase and outfit
(1) backhoe/loader,
including but not
limited to plow
package, emergency
lighting, and radio
Free Cash $200,000
d. Pick-up Truck Purchase and outfit
(1) 4x4 pick-up truck,
including but not
limited to plow
package, emergency
lighting, and radio
Free Cash $60,000
Sub-Total $735,000
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
3. Police Department
a. Vehicle Replacement Purchase and outfit (2)
Police vehicles
Free Cash $115,000
b. Security Pen/Fencing Purchase and install
fencing and traffic
direction
signage/devices at the
Police facility
Free Cash $50,000
c. Live Scan Data Sharing Purchase and install an
electronic fingerprint
and booking
photograph system
Free Cash $42,500
Sub-Total $207,500
4. Fire Department
a. Department Staffing and
Organization Study
Professional services
associated with staffing
and organizational
analysis to determine
current and future
departmental needs
Free Cash/
Ambulance Fund
$35,000
b. Assistance to Firefighter
Grant Program Expenses
Costs associated with
providing the Town’s
required 5% local
match to accept and
expend grant funding
Ambulance Fund $20,000
Sub-Total $55,000
5. Natural Resources
a. Stony Brook Mill Retaining
Wall & Fishway
Improvements Permitting
Professional services
associated with design,
permitting and any
other related costs
Free Cash $40,000
b. Walkers Pond Water
Quality Improvements
Professional services
associated with design,
permitting, and any
other related costs
Water Quality
Stabilization Fund
$32,000
Sub-Total $72,000
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
6. Facilities
a. Town Hall Window
Replacement
Purchase and install
replacement windows
and related costs
Free Cash $150,000
b. Town Hall and Library
Elevator Upgrades
Costs associated with
upgrades to meet new
state safety
requirements
Free Cash $10,000
c. Crosby Mansion Function
Room HVAC
Purchase and install
mini-split units in
mansion function room
and any related costs
Free Cash $25,000
d. Sea Camps Landscaping
Equipment
Purchase mowers and
landscaping equipment
Free Cash $17,500
Sub-Total $202,500
7. Recreation
a. Freemans Fields Irrigation
Repair & Maintenance
Costs associated with
maintaining and
repairing irrigation
systems at Freemans
Fields
Free Cash $20,000
Sub-Total $20,000
8. Library
a. Library Elevator
Replacement
Purchase and install a
new elevator including
any other related costs
Free Cash $300,000
Sub-Total $300,000
9. Information Technology
a. Technology
Upgrades/Replacement
Ongoing information
system & equipment
improvements,
including but not
limited to the purchase
of computers,
software, servers, and
other hardware/
software throughout
the Town, including
new cloud-based
assessing software
Overlay / Free Cash $35,000
Sub-Total $35,000
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
10. Assessors
a. Valuation Services Professional services
for new growth and
cyclical inspections as
required by the
Department of
Revenue
Overlay $80,000
Sub-Total $80,000
11. Water Department
a. Tanks Exterior Painting
Engineering
Professional services
including engineering,
oversight, and
construction for
interior and exterior
repairs on Tanks 1 & 2
Water Retained
Earnings
$110,000
b. Land Acquisition for
Water Protection
Funding to assist with
acquisition costs of
former Sea Camps
Long Pond parcel
Water Retained
Earnings
$35,000
Sub-Total $145,000
12. Golf Department
a. Maintenance Equipment
Replacement
Purchase (3) three
spray rigs and any golf
maintenance
equipment
Golf Reserves $380,000
b. Cart Path Improvements Costs associated with
paving and repairing
cart paths
Golf Reserves $120,000
c. Additional HVAC/Boiler
Upgrades
Additional funding for
the replacement of the
HVAC/Boiler system
and any other related
costs
Golf Reserves $75,000
d. Irrigation Replacement
Design
Professional services
associated with the
design of a new 36-
hole irrigation system
Golf Reserves $75,000
e. Clubhouse Surroundings
& Theme Enhancements
Purchase and install
materials and supplies
to upgrade area
around clubhouse
Golf Reserves $30,000
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required, except 2/3 Vote
for Stabilization Fund Appropriations)
COMMENT
The Town certified $4,641,154 in Fiscal Year 22 Free Cash, which is now available for
appropriation. If all capital and special project requests included in this article are approved by
Town Meeting, a balance of $2,586,154 in Free Cash will remain. These requests are consistent
with the Town’s 5-Year Capital Improvement Plan and with the Select Board’s Strategic Plan. To
ensure healthy financial reserves, the Town aims to maintain a year-end Free Cash balance of at
least $1M. While we anticipate additional capital requests at Annual Town Meeting in May
2022, we expect that our Free Cash balance will remain consistent with the Select Board’s
financial reserves policy even after accounting for those supplemental appropriations.
1. Select Board
1a. DBP Master Plan Update - Phase 1 Construction – These funds will be used to complete
construction activities associated with the Drummer Boy Park Master Plan Update approved by
Town Meeting in November 2021, including parking, walkway, and stormwater improvements.
A majority of this project is planned to be funded with the Town's allocation of American
Rescue Plan Act funds from Barnstable County.Phase 2 improvements, to be completed in a
few years, will include upgrades to the bandstand and playground and replacement of the
existing storage building with a new pavilion.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
f. Sink Hole Repairs Purchase of materials
to fill and repair sink
holes throughout the
property
Golf Reserves $20,000
g. Kitchen Equipment
Replacement
Purchase and install
replacement kitchen
equipment and other
related costs
Golf Reserves $15,000
h. Replace Forward Tees Purchase and install
materials to create
new forward tees
Golf Reserves $15,000
Sub-Total $730,000
Grand Total $3,147,000
1b. Sea Camps Comprehensive Planning – These funds will be used to assist the Town in the
comprehensive planning process for the former Cape Cod Sea Camps Bay and Pond Parcels. The
Town will use the professional services of an interdisciplinary team to assist with the
comprehensive planning. These plans will identify recommended future uses of both Sea Camp
properties as well as estimated capital & operating costs, project phasing, financing, and
partnerships. A key part of this planning will be community outreach and resident input. The
comprehensive plans will be brought to a future Town Meeting for adoption. The Town has
applied for $125,000 in grant funding to help cover these costs and any grant award will
decrease the amount of Town funding need to help complete this work.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
1c. Updated Ponds Water Quality Report (IWRMP) – The Town last prepared a comprehensive
review of pond water quality data on the 27 ponds sampled annually in 2009. This article would
engage a water quality professional to organize and synthesize the water quality data collected
since then from Brewster ponds through the Pond and Lake Stewards (PALS) bi-annual sampling
efforts. This update will include creating a water quality database of PALS water quality data
and review of this data to identify trends for key factors for each pond. The results will help
inform future Town water quality planning and initiatives.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
1d. Sea Camps Interim Uses & Site Improvements – As the Town works through developing
long-range comprehensive plans for both former Sea Camps properties, the Bay and Pond
Property Planning Committees continue to work with Town Administration and the Select
Board to identify opportunities for interim uses of the properties. These funds will help support
these efforts to host events and programming and increase public access to both properties
during this transition period.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
1e. Integrated Water Resource Planning/Implementation – These funds will supplement a
similar appropriation approved at the May 2022 Annual Town Meeting. In addition to
implementation of the Pleasant Bay Watershed permit and support for other water quality
improvement projects related to coastal waters and freshwater ponds, the funds will be used to
provide resident education about the new stormwater bylaw, to provide support and technical
assistance to the Water Resources Task Force, and to work with MA DEP on new regulations
and SRF eligible projects, including but not limited to I/A septic systems.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
2. Department of Public Works
2a. Engineer/Design & Construction of Sea Camps Parking – These funds will be used for
engineering design, permitting, and construction of a parking lot to accommodate visitors to
the pool at the former Cape Cod Sea Camps Bay Parcel. This new parking lot is expected to be
located where the existing (2) tennis courts and basketball court are, adjacent to the pool and
Arts Center. The project will include installation of stormwater infrastructure and landscaping.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
2b. Drainage/Road Maintenance – These funds will be used for professional services, including
but not limited to engineering, permitting, and construction costs, and in-house construction
costs associated with road maintenance and drainage on various public roadways in Town.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
2c. Machinery & Equipment – These funds will be used to purchase and equip one
Loader/Backhoe (current model is 2006), including but not limited to plow package, emergency
lighting and radio.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
2d. Pick-up Truck – These funds will be used to purchase and equip one 4x4 pick-up truck,
including but not limited to plow package, emergency lighting and radio.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
3. Police Department
3a. Vehicle Replacement – These funds will be used to purchase, outfit, and equip police
cruisers. The Police Department relies on these cruisers for patrol and emergency response.
Included in the cost, is outfitting the vehicle with emergency lights/siren, and equipping the
vehicle with the tools necessary for responding to a variety of emergencies. The purchased
vehicles will be replacing outgoing vehicles, which will either be repurposed for other Town use,
or sold via auction.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
3b. Security Pen/Fencing – These funds will be used to purchase and install fencing and traffic
direction signage/devices for the rear of the police facility. With the department driveway being
shared with people accessing the cemetery, Cape Cod Rail Trail, and Brewster Dog Park, there is
a lot of traffic through the area on a daily basis. Currently, there is temporary signage to
delineate public access from employee-only access. Fencing, signage, etc. will provide better
security for the rear of the building to include Police Department vehicles. These funds will also
be used to build a secure pen for the housing of a seized vehicle or other oversized items that
cannot be stored in the building.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
3c. Live Scan Data Sharing – These funds will be used to replace the existing fingerprint and
booking photograph systems. This new electronic unit will allow the current records
management system to share data directly with the fingerprint system, assuring accuracy of
reporting data to the Criminal Justice Information System, as required by state and federal law.
This system is also used for non-criminal fingerprinting for things such as firearms licensing,
Town issued permits, professional licensing, etc.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
4. Fire
4a. Department Staffing and Organization Study – These funds will be used to conduct a staffing
and organizational study to determine current and future staffing needs, organization and
delivery of fire suppression, emergency medical, and fire prevention services, identify strengths
and weaknesses, and present potential recommendations, options, strategies, and associated
costs for viable improvements in these core services.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
4b. Assistance to Firefighter Grant Program Expenses – These funds will be to meet our 5% local
match requirements for any grant funds the Town receives through this program. Due to
several recent successful AFG grant awards, available funds from previous similar articles
designed to cover the Town’s 5% cost sharing match have been reduced to a level that will no
longer support future AFG awards.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
5. Natural Resources
5a. Stony Brook Mill Retaining Wall & Fish Way Improvements – This funding will be used to
secure permitting approvals to repair the historic retaining wall supporting the headrace pond
for the mill and upgrade the fish weirs north of the street to provide safe passage for migratory
herring. Grants have been secured for 100% of the project design and 75% of the estimated
construction costs. A Community Preservation Act grant has been secured for a portion of the
required match, and the remainder of the match will likely be presented at Spring 2023 Town
Meeting, with a goal of construction beginning in Fall 2023.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
5c.Walkers Pond Water Quality Improvements – These funds will be used to undertake the
required permitting for Walkers Pond water quality improvements. The School of Marine
Science and Technology (SMAST) at UMASS Dartmouth has prepared a technical report
documenting the causes of declining water quality in Walkers Pond. They compared various
options for remediation and recommend an alum treatment followed by use of the Town's
aquatic weed harvester in following years to help reduce the nutrient content in the sediments
at the pond. The alum treatment would be funded through a Spring 2023 Town Meeting article.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
6. Facilities
6a. Town Hall Window Replacement – This funding will be used to undertake the next phase of
the window replacement at Town Hall, aimed to greatly reduce energy loss. These windows are
roughly 25 years old and have broken seals and obsolete replacement parts.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
6b. Town Hall and Library Elevator Upgrades – This funding will be used for a software and
panel upgrades for both the Town Hall and Brewster Ladies Library public elevators, identified
during a recent State Elevator Inspection. These repairs must be made before the end of the
calendar year to maintain compliance.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
6c. Crosby Mansion Function Room HVAC – This funding will be used to install new mini-split
HVAC units in the mansion’s function room. The Town has a long-term lease agreement with
the MA Department of Conservation and Recreation for the entire Crosby property, including
the mansion, and has made significant investments in this iconic historic building over the past
several decades. The Town leases space in the function room for events to help pay for
property maintenance and improvements. These units will help make the room more
comfortable for events in the hot summer months.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
6d. Sea Camps Landscaping Equipment – This funding will be used to purchase mowing and
landscaping equipment to help maintain the former Sea Camps bay property. The former
owners auctioned off all material and equipment prior to the Town’s acquisition of the property
last year. While the Town was able to repurpose old mowing equipment this first summer, the
Department of Public Works is responsible for mowing over 40 other Town properties and this
new equipment is needed on site for the extensive mowing needed at this location.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
7. Recreation
7a.Freemans Fields Irrigation Repair & Maintenance – This funding will be used to repair and
maintain the irrigation systems for Freemans Recreational Fields, which were installed by
volunteers over 20 years ago, while the Town develops a long-term replacement plan.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
8. Library
8a.Library Elevator Replacement – These funds will be used to install a new elevator at the
Ladies Library. This equipment has exceeded its useful life and requires frequent repairs,
limiting resident access to the facility. Town Meeting previously appropriated funds for project
design.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
9. Information Technology
9a. Technology Upgrades/Replacement – These funds will be used to purchase upgraded
desktop computers, servers, productivity and office software, backup systems, and other
hardware and software for Town departments. Computers and servers are replaced on a 3-5
year rotating schedule, and older machines are issued to users with less intensive computer
needs. $10,000 of these funds will provide for the one-time cost of upgrading our assessing
software to the cloud.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
10. Assessors
10a. Valuation Services – These funds will be used to cover contractual obligations to a private
firm for property valuation services required to annually set assessed value, collect new growth,
and perform property inspections. The funding comes from the Overlay Reserve Account, which
in turn is funded from a transfer from the balance in the Overlay Accounts of funds that are no
longer needed to cover abatements and exemptions.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
11. Water Department
11a. Tanks Exterior Painting – These funds will be used for the engineering, procurement, and
construction administration services associated with painting two water storage tanks. The
engineering consists of three phases: design, bid, and construction. This project is intended to
extend the life of the existing coating at far less cost than a full coat rehabilitation. The
intended coating system is a rust inhibitive acrylic overcoat that will provide additional
protection of the steel structure. Construction funds will be requested at the 2023 Annual Town
Meeting.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
11b. Land Acquisition for Water Protection – These funds will help cover a portion of the
acquisition costs of former Sea Camps property on Long Pond parcel (500 W.H. Besse Cartway)
for several potential public purposes, consistent with Water Commission financial
commitments when the Town purchased the property in 2021.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12. Golf Department
12a. Maintenance Equipment Replacement – This funding will be used to replace three spray
rigs, which apply chemicals to the turf. The current sprayers are beyond their useful life and are
beginning to malfunction. The new sprayers will have a GPS system to allow for more precise
dispersion.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12b. Cart Path Improvements – These funds will be used to repave and repair the cart paths at
Captains Golf Course. Many cart paths at the golf course are currently in disrepair and detract
from the overall golfing experience for customers.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12c. Additional HVAC/Boiler Upgrades – This funding will be added to the already approved
funds for the replacement of the HVAC system in the restaurant/clubhouse area of the
property. This additional funding will cover the full cost of the project.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12d. Irrigation Replacement Design – These funds will be used to hire an irrigation firm to
design a new 36-hole irrigation system for Captains Golf Course. Currently, two irrigation
systems exist at the golf course that are 23 and 17 years old. The replacement of the entire
irrigation system would create a more energy efficient system and would reduce the amount of
water needed to properly maintain the golf courses.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12e. Clubhouse Surroundings & Theme Enhancements – These funds will be used to make
improvements to the areas of the golf course nearest to the clubhouse. These areas have
become worn and unsightly, and do not project a good image of Captains Golf Course. These
areas include the bag drop, the starters shed, fencing, signage, and landscaping. Many of these
will need replacing, or, in the case of the starters shed, have major repairs performed.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12f. Sink Hole Repairs – These funds will be used to repair sink holes on the golf course that
have formed over a number of years. These repairs will result in safer conditions and a more
enjoyable playing experience.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12g. Kitchen Equipment Replacement – These funds will be used to replace kitchen equipment
that is at the end of its useful life. The kitchen equipment is owned by the Town, and, in order
to maintain a fully functioning restaurant at the golf course, it is necessary to replace this
equipment.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
12h. Replace Forward Tees – These funds will be used to create new forward tees on the golf
course, as recommended by the National Golf Foundation, and to provide an additional option
for players.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO. 3: To see if the Town will vote to act upon the recommendations of the
Community Preservation Committee; to appropriate from Fund Balances Reserved for future
expenditure, the amounts shown below, for the purpose of future expenditures, operating and
administration expenses, and reserve funds related to Community Preservation, Historic
Preservation, Open Space, Community Housing and/or Recreation; and to authorize the Town
Administrator to enter into contracts for operating and administration related to Community
Preservation, Historic Preservation, Community Housing and Open Space and/or Recreation, all
as follows:
Purpose Item Funding Source(s) Amount
1
a.Brewster Historical
Society
Relocation and restoration
of Brewster Schoolhouse #3
including costs associated
with permitting,
engineering, historical
consultation, furnishings,
equipment, connection of
utilities and services, and all
costs incidental or related
thereto.
Transfer $357,200
from Historic
Preservation Fund
balance
$357,200
Sub-total $357,200
Grand Total $357,200
For Fiscal Year 2023 Community Preservation purposes, each item is considered a separate
appropriation to be spent by the Community Preservation Committee; provided however, that
the above expenditures may be conditional on the grant or acceptance of appropriate historic
preservation restrictions for historic resources, open space restrictions for open space reserves,
and housing restrictions for community housing, running in favor of an entity authorized by the
Commonwealth to hold such restrictions for such expenditures, meeting the requirements of
MGL Ch. 184 and MGL Ch. 44B Sec. 12, and to authorize the Select Board to convey or accept
such restrictions;
And further, any revenues received in excess of the estimated receipts are transferred to their
respective reserve fund balance(s) for future appropriation using the allocation formula of 50%
Open Space, 10% Housing, 10% Historical and 30% for Budgeted Reserve for CPA.
Or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
COMMENT
In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of
the modified Community Preservation Act. The act appropriates a 3% surcharge on the town’s
real estate tax revenues, which are reserved in a special fund in order to finance projects and
programs for the purposes of preservation of open space, recreation, community housing, and
historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the
State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year
2022, which is projected at 15%. Brewster established, through a local bylaw, a distribution
schedule for the CPA funds according to the following: 50% of the funds for open space, 10%
for community housing, 10% for historic preservation, and 30% balance is available for housing,
historic preservation and/or active or passive recreation projects.
1. Historic Preservation:
a. Brewster Historical Society – Relocation and Restoration of Schoolhouse #3: The Brewster
Historical Society proposes to flake Schoolhouse #3 at 2342 Main Street and move it to
Windmill Village at Drummer Boy Park. The structure is the last remaining of the town’s 5 19th
Century schoolhouses. It will be re-assembled and restored as a schoolhouse and will also
include a cranberry history display, as this was also part of its history. The funding request
includes an additional $10,000 set aside to pay for CPC expenses for historical consulting
services related to the project.
Total Project Cost: $347,200 CPC Request: $357,200 CPC Vote: 8-0-0
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
CONSERVATION RESTRICTION ACQUISITION: 0 HOLLY AVE (REAR)
ARTICLE NO. 4: To see if the Town will vote to authorize the Select Board to acquire a perpetual
conservation restriction under MGL Ch. 184, Secs. 31 through 33, on a parcel of land designated
on Brewster Assessors’ Map 137 as Parcel 1, located at 0 Holly Ave (Rear), in Brewster,
Barnstable County, Massachusetts, consisting of 4.925 acres as shown on a plan of land entitled
“Plan of Land in Brewster (East), Mass. as claimed by Richard O. Staff, Scale 1 in = 50 ft.
October 1967, Schofield Brothers Registered Civil Engineers & Land Surveyors, Orleans &
Framingham, Mass.” and recorded in the Barnstable County Registry of Deeds as Plan Book 219,
Page 79, a copy of which is on file with the Brewster Town Clerk; to acquire interests in said
parcel by gift, purchase and/or eminent domain taking under MGL Ch. 79, or any other enabling
authority; to acquire said conservation restriction for conservation and passive recreation
purposes for the general public, consistent with the provisions of MGL Ch. 40 Sec. 8C and
Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and
in compliance with MGL Ch. 44B, Sec. 12(a), protecting the property for the purposes for which
it is acquired; to transfer from available funds, including, without limitation, the Community
Preservation Fund, the sum of Two Hundred Sixty-four Thousand and 00/100 Dollars
($264,000.00)to pay costs of this acquisition, and all other costs incidental and related thereto;
further, to authorize the Select Board and/or the Conservation Commission to apply for, accept
and expend any funds that may be provided by the Commonwealth or other public or private
sources to defray all or a portion of the costs of said acquisition, including, but not limited to,
grants and/or reimbursement from the Commonwealth under the Self-Help Act, MGL Ch. 132A
Sec. 11 (now, so-called LAND grants), and the Federal Land and Water Fund grants, which
grants and/or funds so received shall be used to repay all or a portion of the sum transferred
from the Community Preservation Fund hereunder; to authorize the Conservation Commission
to assume the monitoring and enforcement authority of the conservation restriction on the
property; and to authorize the Select Board and Conservation Commission to enter into all
agreements and execute any and all instruments as may be necessary on behalf of the
municipality to effect this purchase and obtain reimbursement funding; or to take any other
action relative thereto.
(Community Preservation Committee)(Majority Vote Required)
COMMENT
This article would enable the Town to continue its partnership with Brewster Conservation
Trust (BCT), working together to preserve critical open space; in this case, 4.925 acres abutting
the Town’s Baker’s Pond Conservation Area. This acquisition would preserve a walking trail
that connects existing Town trails with Nickerson State Park.
The Towns of Brewster and Orleans, along with the Brewster Conservation Trust, own 140 acres
of conservation land east and south of this proposed land acquisition. These entities jointly
manage the two-mile public walking loop trail there, with parking on Baker’s Pond Road. BCT
will purchase the land for $360,000. This article seeks to appropriate $250,000 in CPA funds to
place a conservation restriction on the property, which will be held by the Town. To offset
these expenses, the Town has applied for a State LAND grant that would reimburse the Town
for up to $130,000. Sketch map of locus attached hereto - Tax Map 137, Parcel 1, 4.925 acres.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
TOWN CODE AMENDMENT TO COMMUNITY PRESERVATION ACT BYLAW
ARTICLE NO. 5: To see if the Town will vote to amend the General Bylaws, Section 17, as shown
below, with additions shown in bold and deletions shown in strikethrough, with such revision to
take effect on July 1, 2023:
Section 17-1. Membership of the Committee – There is hereby established a Community
Preservation Committee, consisting of nine (9) voting members. pursuant to the provisions of
Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-133 of Chapter
352 of the Acts of 2004. The composition of the Committee, the appointing authority and the
term of office for the committee members shall be as follows; one member of the Conservation
Commission, as designated by said Commission; one member of the Historical Commission, as
designated by said Commission; one member of the Planning Board, designated by the said
Board; one member of the Recreation Commission, as designated by the Commission; one
member of the Brewster Housing Authority, as designated by said Authority; and four
individuals to be appointed by the Select Board of Selectmen. Each member of the Committee
shall serve a term of three years or until the person no longer serves in the position or on the
board or on the committee as set forth above, whichever is earlier. Should any of the officers
and commissions, boards or committees who have appointing authority under this bylaw be no
longer in existence for whatever reason, the Select Board of Selectmen shall appoint a suitable
person to serve in their place. Any member of the committee may be removed by the
Selectmen, with prior notice to the member and a hearing, for good cause.
Section 17-2. Duties – The Community Preservation Committee shall study the needs,
possibilities and resources of the town regarding community preservation.
A.Annually, the Committee shall consult with existing municipal boards, including the
Conservation Commission, the Recreation Commission, the Historical Commission,
the Planning Board, the Department of Public Works, and the Housing Authority, or
persons acting in those capacities or performing like duties, in conducting such
studies. As part of its study, the committee shall hold one or more public
informational hearings, at its discretion, on the needs, possibilities, and resources of
the town regarding community preservation possibilities and resources, notice of
which shall be posted publicly and published for each of two weeks preceding a
hearing in a newspaper of general circulation in the town.
B.Every five years ending in 2 and 7:
(1)The Committee shall conduct a public process to develop a Community
Preservation Plan (“CPP”) establishing goals for expenditures in each of the
eligible categories. The CPP shall include a Target Allocation Policy (“TAP”)
setting forth non-binding guidelines for the next five years for the allocation of
CPA funds amongst eligible expenditure categories, expressed as percentages
of estimated annual revenues.
(2)Following adoption of the CPP under Section B(1), the non-binding TAP
contained therein shall be presented to Town Meeting as a proposed
amendment to Section 17-4(B) of this bylaw.
Section 17-3. The Community Preservation Committee shall make recommendations no less
than annually to the Town Meeting for the acquisition, creation and preservation of open
space, for the acquisition and preservation of historic resources, for the acquisition, creation
and preservation of land for recreational use, for the creation, preservation and support of
community housing and for rehabilitation or restoration of such open space, historic resources,
land for recreational use and community housing that is acquired or created as provided in this
section.
Section 17-4.
A.Annual Minimum Recommendations.As required by MGL Ch. 44B Sec. 6, in every
fiscal year, the Community Preservation Committee shall recommend that Town
Meeting spend, or set aside for future spending, the fixed figure of fifty (50%) ten (10%)
percent of the net CPA estimated annual revenues in the Community Preservation Fund
for open space and recreation purposes, not less than ten (10%) percent of the net CPA
estimated annual revenues for community housing purposes, and not less than ten
(10%) percent of the net CPA estimated annual revenues for historic resources
purposes. In every fiscal year, the Community Preservation Committee shall
recommend that Town Meeting spend or set aside for future spending the remaining
thirty (30%) percent of the net annual revenues for community housing, recreation and
historic resources purposes, but not for open space purposes.
B.For the fiscal years FY24 through FY27, and until otherwise voted by Town Meeting,
the non-binding TAP shall be as follows: 30% open space; 30% community housing;
10% recreation; 10% historic preservation, and 20% to be allocated as recommended
by the CPC. Actual CPC recommendations may vary from the non-binding percentages
set forth in the TAP.
Notwithstanding the foregoing, the net annual revenues paid into the Community Preservation
Fund shall be dedicated to open space purposes until such time as prior appropriations made
pursuant to the so-called Land Bank Act have been fully expended, even if the aggregate
amount of such expenditures exceeds 80% of the annual revenues.
Section 17-5. Provided that the Community Preservation Act is accepted at the 2005 Annual
Town Election, this section shall take effect upon approval by the Attorney General of the
Commonwealth of Massachusetts and after all the requirements of Mass. Gen. Laws, ch. 40, §
32 have been met. Each appointing authority shall have thirty (30) days after the effective date
to make its appointments.
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
In May of 2005, Brewster voters adopted the Community Preservation Act (CPA). The Act
appropriates a 3% surcharge on the Town’s real estate tax revenues, which are reserved in a
special fund to finance projects and programs for the purposes of preservation of open space,
recreation, community housing, and historic preservation. The state distributes matching funds,
which vary from year-to-year. Since 2005, CPA funds have supported about 70 community
preservation projects in Brewster. These initiatives have included capital improvements, land
acquisitions, assistance programs, as well as various plans and studies.
At the time of adoption, Brewster established a unique allocation formula for these funds, as
outlined in Section 17 of the Town bylaw: 50% for open space, 10% for community housing, and
10% for historic preservation. The 30% balance has been available for housing, historic
preservation, and/or active or passive recreation projects. The primary reason for this
customized approach was that Brewster, like many other Cape towns at the time, was
converting funding balances and financial obligations from the Cape Cod Land Bank and wanted
to maintain its capacity to finance open space purchases. Unspent funds in each category are
rolled over into the next fiscal year.
As required by statute, the Community Preservation Committee (CPC) annually holds a public
hearing to identify and discuss upcoming community needs and planned projects. In recent
years, it became increasingly apparent that anticipated CPA requests would outpace available
funds. In May 2021, Town Meeting approved funding to develop a 5 Year Community
Preservation Plan (CPP). Since then, the CPC has worked with a consultant to study existing
Town plans, quantify anticipated funding requests, and solicit stakeholder and resident input.
As a result of this analysis, the CPC recommends modification of the Town’s bylaw to follow the
statutory distribution formula that all but one other municipality currently have in place: 10%
for open space and recreation, 10% for community housing, and 10% for historic preservation.
The CPC determined that the statutory formula allowed the most flexibility to respond to
expected funding requests and any new requests that may emerge from the former Sea Camps
properties planning processes in the next few years.
If approved, this change would take effect in July 2023, allowing a full fiscal year to make this
transition. At the same time, the CPC has developed and adopted a CPP that establishes a
Target Allocation Policy for each of the eligible uses of CPA funds beyond the baseline statutory
disbursements that will inform their policy decisions in vetting projects in the next five years.
The Target Allocation Policy percentages for FY24–27 are: 30% for Open Space, 30% for
Community Housing, 10% for Historic Preservation, 10% for Recreation, with the remaining 15%
unreserved and can be used to fund projects in any category, with up to 5% for CPC
Administrative costs.
At the end of FY22, carryover reserve balances were as follows: Open Space - $1,556,879,
Community Housing - $45,369, Historical - $500,351, and Undesignated Reserve (for
Recreation, Historical and Community Housing) - $757,756.
Town Meeting will continue to have final approval authority over expenditure of all CPA funds.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
TOWN BYLAW AMENDMENT: LIMITS OF DEBATE
ARTICLE NO. 6: To see if the Town will vote to amend the General Bylaws, Section 48-11B, by
striking the word “three” and replacing it with “one and a half”, as shown below, with additions
shown in bold and deletions shown in strikethrough:
§ 48-11 Limit of debate.
A. presenter of a motion may speak up to five minutes when presenting the motion except for
motions that the Moderator has given specific permission for more time.
B. Following speakers may have up to three one and a half minutes to speak on a motion.
C. Speakers to each motion may speak no more than twice, except for the presenter of a
motion who may speak to comments or questions made by voters with respect to the motion
presented.
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
During the pandemic, several changes were made to the format of Town Meeting to adapt to
the challenges presented by COVID, including shortening the amount of time speakers could
comment on each article from three minutes to a minute and a half. This different approach
was successfully implemented for four meetings without incident. Following feedback from
residents after last May’s Town Meeting, Town officials identified several potential adjustments
to Town Meeting procedures that might make for more productive sessions in the future. This
bylaw amendment is one such proposed change. Residents would still be permitted to speak
twice on each article.
Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 0, No 7, Abs 0
TOWN BYLAW AMENDMENT: QUORUM REQUIREMENT
ARTICLE NO. 7: To see if the Town will vote to amend the General Bylaws, Section 48-5, by
inserting the following new sentence to the end of the section: “Once quorum has been
attained and Town Meeting has been called to order, minimum quorum requirements no
longer apply.” as shown below, with additions shown in bold:
§ 48-5 Requirement.
The quorum for Annual Town Meetings and for Special Town Meetings is hereby set at 200
registered voters. Once quorum has been attained and Town Meeting has been called to
order, minimum quorum requirements no longer apply.
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
Following feedback from residents after last May’s Town Meeting, Town officials identified
several potential adjustments to Town Meeting procedures that might make for more
productive sessions in the future. This bylaw amendment, which would eliminate the need to
maintain quorum once the meeting has been convened, is one such proposed change. Some
towns have adopted a zero quorum for Town Meeting to achieve a similar policy result.
Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 0, No 7, Abs 0
NEW TOWN BYLAW/RECONSIDERATION
ARTICLE NO. 8: To see if the Town will vote to establish a new General Bylaw, as shown below,
with additions shown in bold, and further to authorize the Town Clerk to assign the proper
chapter and section numbers to said by-law, consistent with the current numbering system:
§XX-XX Motions for Reconsideration
A motion to reconsider an article previously voted on by Town Meeting must be made within
one (1) hour of the conclusion of the relevant vote and shall require a 2/3 majority vote for
approval. If a Town Meeting is continued from one date to another, a motion to reconsider
any article must be made on the same day as the original vote.
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
Following feedback from residents after last May’s Town Meeting, Town officials identified
several potential adjustments to Town Meeting procedures that might make for more
productive sessions in the future. Brewster’s current bylaws do not address reconsideration.
Town Meeting Time does not provide clear guidance on limitations to this parliamentary
procedure; in fact, it suggests that Town’s adopt a bylaw to govern reconsideration. This new
bylaw would require that motions to reconsider be made within an hour of the relevant vote
and/or on the same date as the original vote. It would also require a 2/3 majority vote to
prevail.
Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 6, No 1, Abs 0
TOWN BYLAW AMENDMENT: SPECIAL TOWN MEETING WARRANT DEADLINE
ARTICLE NO. 9: To see if the Town will vote to amend the General Bylaws, Section 48-3, by
inserting the following new sentence to the end of the section to establish a deadline for
closing warrants to petitioned articles, as shown below, with additions in bold:
§ 48-3 Closing of warrant.
The warrant for the Annual Town Meeting will be closed to citizen petitioned articles 75 days
before each Annual Town Meeting and be in the hands of the Finance Committee by 60 days
before each Annual Town Meeting, commencing in 1980. The warrant for any special town
meeting will be closed to citizen petitioned articles 45 days before each special town
meeting; provided, however, that the Select Board may close the warrant for a special town
meeting at any time prior to the 15th day before such meeting if it determines that the 45-day
deadline is impractical under the circumstances of a particular meeting.
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
The deadline to submit citizens petitions for inclusion on the Annual Town Meeting warrant is
75 days in advance of the meeting. Town bylaws are currently silent on deadlines for citizens
petitions for inclusion on Special Town Meeting warrants but longstanding past practice has
been to close the warrant 45 days in advance of those meetings. However, this deadline
requires a vote of the Select Board in each instance and could change year to year. Codifying
this deadline will enhance consistency and transparency for residents interested in bringing a
petition to Special Town Meeting. These changes would ensure that the Select Board retains
their statutory authority to call a Special Town Meeting on less than 45 days’ notice.
Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
LOCAL COMPREHENSIVE PLAN
ARTICLE NO. 10: To see if the Town will vote to adopt an updated Master Plan for Brewster
which has been developed by the Vision Planning Committee, a copy of which plan is on file at
the Town Clerk's office and posted on the Town's website, and which plan if adopted by the
Town Meeting would constitute Brewster’s Local Comprehensive Plan as defined in Section 9 of
the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), or take any other action
relative thereto.
(Select Board & Planning Board) (Majority Vote Required)
COMMENT
Brewster’s 2022 Local Comprehensive Plan (LCP) is intended to help guide land use decisions
and policies in the Town for the next 10+ years. It describes how Brewster looks today and
where it wants to go in the future. Brewster’s first and only comprehensive land use plan to
date was previously adopted in 1970. The 2018 Brewster Vision Plan serves as a foundation for
this LCP. Similar to the Vision Plan’s structure, the LCP includes a Vision Statement and is
organized by the following “Building Blocks”: Community Character; Water Resources; Open
Space; Housing; Coastal Management; Local Economy; Governance; Community Infrastructure;
Solid Waste Management; and Climate Mitigation and Adaptation.
The LCP Action Plan includes specific goals, purposes, and an ambitious list of actions associated
with advancing policies, programs, and services across the Building Blocks. The LCP’s goals,
values, and actions are not intended to conflict with one another, but are to be applied as
complementary, mutually supportive, and on equal footing. Other key sections of the LCP
include a Capital Facilities Plan, which aligns capital projects contemplated in the Action Plan
with the Town’s on-going capital facilities budgeting and planning processes. This analysis
ensures that the capital requirements necessary to successfully implement the LCP are
identified. The Select Board, through their annual strategic planning process, is primarily
responsible party for implementing the LCP. This process will also include monitoring and
reporting progress to the community.
After more than two years of public meetings and input from residents and relevant
stakeholders, the Vision Planning Committee completed and released the final draft LCP in
September 2022; it was approved by the Select Board and Planning Board in October 2022 and
forwarded to Town Meeting for adoption. The LCP has been developed with general guidance
from Cape Cod Commission (CCC) staff according to its regulations, adapted to Brewster’s
specific needs and circumstances. CCC has provided feedback to the draft plan and will
formally review the LCP to certify consistency with the Cape Cod Regional Policy Plan after its
local adoption. CCC certification imposes some continuing obligations on the Town but also
affords certain regulatory and planning benefits such as prioritization for technical assistance.
The LCP serves as a comprehensive land use plan under state planning law.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
TEMPORARY EASEMENTS: MILLSTONE ROAD IMPROVEMENT PROJECT
ARTICLE NO. 11: To see if the Town will vote to authorize the Select Board to acquire, by
purchase, gift, and/or eminent domain, permanent and/or temporary right of way, utility,
drainage, access, construction and other easements in, on, under, and across the parcels of
land at or near Millstone Road for the purpose of improving Millstone Road and for any and all
purposes and uses incidental or related thereto, and, further, to raise and appropriate, transfer
from available funds, and/or borrow a sum of money for the foregoing purposes.
Or to take any other action related thereto.
(Select Board) (Majority Vote Required)
COMMENT
The Town of Brewster is undertaking a road improvement project on Millstone Road that will
involve the installation of sidewalks and the creation of a consistent roadway shoulder. The
roadway layout of Millstone Roads consists of a variable 40- to 50-foot-wide Town owned right-
of-way. While project design is not yet fully finalized, the Town has adjusted the scope of work
to ensure that permanent easements related to sidewalk construction and drainage
improvements will not be required on any residential property on Millstone Road. However,
based on the current proposed design, it is expected that there will be temporary impacts on
residential properties while construction is ongoing.
This article authorizes the Town to enter into temporary easement agreements with residents
allowing the contractor necessary access to their property to complete the project. Residents
may voluntarily grant the Town a right of access or may seek financial reimbursement for that
access. The Town has developed a standard methodology to calculate any such payments,
which will be funded through available road project funding. Correspondence explaining the
process and options available to residents has been sent to all impacted property owners.
Copies of the project plans highlighting impacted properties are also available at Town offices.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
PRIVATE ROAD BETTERMENT: VESPER POND DRIVE
ARTICLE NO. 12: To see if the Town will vote to raise and appropriate, transfer from available
funds, and/or borrow a sum of money pursuant to MGL Ch. 40, Secs. 7 and 8, Chapter 297 of
the Acts of 2002, Chapter 373 of the Acts of 2006, and/or any other enabling authority, said
sum to be spent by the Town Administrator with the approval of the Select Board, to finance
temporary road repairs to the private way known as Vesper Pond Drive, including, without
limitation, costs associated with engineering, construction, and reconstruction of said way, and
costs incidental or related thereto, which costs shall be assessed by the Select Board as a
betterment under MGL Ch. 80 Sec. 1 on each parcel within the area benefiting from the
improvement, all in compliance Brewster General Bylaws, Section 157-20.
Or to take any other action relative thereto.
(Select Board) (Two-Thirds Vote Required)
COMMENT
The Town adopted a general bylaw at the 1996 Annual Town Meeting, which allows citizens to
petition Town Meeting to obtain financing assistance to undertake repairs to private ways. In
June 2022, the Select Board received a petition from residents for proposed road and drainage
improvements in the Vesper Pond neighborhood, including: Vesper Pond Drive, Mayflower
Circle, Cranberry Lane, Deer Path Circle, Jam Lane, and Bay View Road. The Planning Board
approved the proposed plan in August 2022.
If approved, the Town, in coordination with impacted residents, will contract out for the repair
work. Once completed, the abutting property owners will then be required to reimburse the
Town for the full project costs, plus interest and administrative expenses, by means of
betterment assessments over a period of time. There will be no tax impacts to other residents.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
CREATION OF NEW REVOLVING FUND: BAY PROPERTY POOL
ARTICLE NO. 13: To see if the Town will vote to amend the General Bylaws, Section 21-8, to
create a new revolving fund, consistent with MGL Ch. 44 Sec 53E½, for the purposes of
managing a recreational pool located at 3057 Main Street, in a manner as follows:
Revolving
Fund
Authority to
Spend
Use of Fund Fiscal Year Spending Limit
Bay Property
Pool
Department Head
- Recreation
Expenses shall be related to salaries
and operations of the Bay Property
Pool and not for any other purposes
$150,000
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will create a new revolving fund which will separately account for fees collected to
support operations of the new pool at the former Sea Camps property at 3057 Main Street.
The Town is seeking to open the pool for resident use by Summer 2023 and requires this fund
to be established in advance. The Town Accountant has certified that this new revenue source
was not used in computing the most recent tax levy so this revolving fund can be implemented
this fiscal year.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
BAY PROPERTY POOL FUNDING
ARTICLE NO. 14: To see what sums the Town will vote to appropriate from available funds for
the initial start-up costs for the operation and maintenance of a community pool at the
property located at 3057 Main Street, including the purchase of equipment and supplies, and
anything incidental or related thereto, or take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will appropriate $150,000 from Free Cash to cover initial start-up expenses and Year
1 operational costs for the new pool at the former Sea Camps property on Cape Cod Bay,
planned to open to residents in Summer 2023. It is expected that revenues collected from fees
will help support future year operating expenses.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
RESCIND DEBT AUTHORIZATION
ARTICLE NO. 15: To see if the Town will vote to repeal or rescind unused borrowing authority
authorized by previous Town Meetings, as follows:
DEPARTMENT ITEM ARTICLE / TOWN
MEETING
AMOUNT TO BE
RESCINDED
DPW Dump Truck Article 10 (2A) of the
May 2018 Annual
Town Meeting
$33,305
Fire Fire Station Article 1 of the
November 2015
Special Town
Meeting
$548,503
Debt North Pond Drive
Private Road
Betterment
Article 16 of the May
2018 Annual Town
Meeting
$21,276
Debt WH Besse Cartway
Land Acquisition
(Robinson Property)
Article 29 of the May
2018 Annual Town
Meeting
$155,100
Debt Tri-Town Septic
Demolition
Article 5 of the
December 2018
Special Town
Meeting
$33,131
DPW Fuel Depot Article 3 of the May
2019 Special Town
Meeting
$100,000
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This routine article serves to rescind authorized but unissued debt for certain capital
equipment, facilities, and/or projects that have all been fully completed.
Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
LOCAL ELECTION DEADLINES
ARTICLE NO. 16: To see if the Town will vote, in accordance with MGL Ch. 41 Sec. 110A, to
authorize the Town Clerk’s office to remain closed on all Saturdays and to treat Saturdays as a
legal holiday for purposes of calculating the time frame for filing matters in that office; or take
any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
Acceptance of this local option statute would allow the Town Clerk’s Office to adjust voter
registration and nomination/petition paper deadlines for local elections to avoid the need to
open Town Hall on Saturdays or holidays. If adopted, relevant voter registration deadlines
could shift to the business day prior and nomination/petition papers could fall to the next
business day.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk
at the time and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster affixed this __th day of October 2022.
___________________________________
David Whitney, Chair
___________________________________
Ned Chatelain, Vice-Chair
___________________________________
Kari Hoffmann, Clerk
___________________________________
Mary Chaffee
___________________________________
Cynthia A. Bingham
I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of November 14, 2022 by posting attested
copies thereof, in the following locations in the Town on the __th day of October, 2022.
Brewster Town Offices Café Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U. S. Post Office
_________________________________
Roland W. Bassett, Jr. Constable
Town of Brewster
Community Preservation Committee
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x 133
Fax (508) 896-8089
00
BREWSTER BICENTENNIAL
APPLICATION FOR COMMUNITY PRESERVATION ACT FUNDING
Date Application Submitted:
Name of Project Applicant:
Name of Co-Applicant(s), if applicable:
Name of Contact Person:
7.8.22/amended 10.12.22
The Brewster Historical Society, Inc.
Sally Gunning
Contact Person's Mailing Address: PO Box 5, Brewster, MA 02631
Contact Person's Daytime Phone Number: 508-896-6227
Contact Person's email Address:
president@brewsterhistoricalsociety.org
Proposed Project Name: Schoolhouse #3 relocation and renovation
Project Address (or assessor's parcel ID): 2342 Main St., Brewster (moving to 51 Drummer Boy Rd.)_
Project Synopsis:
The Brewster Historical Society proposes to flake Schoolhouse #3 at 2342 Main St. and move it to their
Windmill Village property at 51 Drummer Boy Rd. They will reassemble and restore the school house as
a schoolhouse and include a cranberry industry display, as this was also part of its history. It will be open
to the public during the usual Windmill Village hours, pending Building Dept. permissions.
Category: ❑ Open Space ❑ Historic Preservation ❑ Recreation ❑ Community Housing
CPA funding requested $ 347,200 Total Cost of Proposed Project $347,200
3
Community Preservation Committee Application rev. 09/22/21
PROJECT DESCRIPTION
Please describe your project, answering all of the following questions in the order presented. Applications
will be considered incomplete if all requested information is not provided. Include supporting materials
(maps, diagrams, photos, etc.). Please number pages of application.
Form fields are provided after each question for your convenience. Please do not provide any
documentation via on-line links, as the committee will not be checking for updates. Be as concise as
possible.
1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project?
Schoolhouse #3, located at 2342 Main Street, has existed since the mid -1800's, although it was formerly
located next door. To the best of our knowledge, as buildings have been moved, it is the last remaining of
five primary schoolhouses representing the five school districts in town. Under the more recent ell can be
found the paired "boy -girl" doors associated with the old schoolhouses and illustrated in the attached
images. Once schoolhouse #3 ended its career as a schoolhouse, it was moved next door and used for
storage in conjunction with the cranberry industry. We believe this is when the double barn doors were
added. It is our intention to return the schoolhouse to the original schoolhouse configuration, minus the
double doors and ell.
Brewster Conservation Trust was gifted this parcel of land with the stipulation that it be made into a small
park with the buildings on site removed. BHS expressed interest in acquiring and preserving the
schoolhouse, and BCT offered it to the Society. (Letter attached). BHS plans to flake (dismantle) the
structure, move it to a site already marked out at Windmill Village, and reassemble and restore it. It will be
curated as a schoolhouse, with a smaller exhibit about the cranberry industry on site. It will be open to the
public in accordance with Building Dept. rules, either to allow admittance or to allow viewing.
2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a
letter from the Brewster Historical Commission indicating that the resource has been determined to be
significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation
projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties.
Additional information and analysis will be needed for projects submitted by churches/religious
organizations to determine if they comply with the SJC's Caplan vs. Town of Acton decision.
Form B attached.
3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to
the attached general and issue -specific criteria and identify which of these apply to the project).
This project accomplishes the goals of preserving historic resources and also complies with the second highest
rating element in Brewster's Vision Plan, that of retaining the town's historic character. This project will also
educate and entertain the public on an aspect of the history of the town that would disappear forever were this
building to be destroyed, as this is the last remaining primary schoolhouse from the five school districts.
4. Community Benefits: What are the community benefits of the project?
4
Community Preservation Committee Application rev. 09/22/21
PROJECT DESCRIPTION
Please describe your project, answering all of the following questions in the order presented. Applications
will be considered incomplete if all requested information is not provided. Include supporting materials
(maps, diagrams, photos, etc.). Please number pages of application.
Form fields are provided after each question for your convenience. Please do not provide any
documentation via on-line links, as the committee will not be checking for updates. Be as concise as
possible.
1. Project Description: Describe the proposed project. Is this part of a larger project or an ongoing project?
Schoolhouse #3, located at 2342 Main Street, has existed since the mid -1800's, although it was formerly
located next door. To the best of our knowledge, as buildings have been moved, it is the last remaining of
five primary schoolhouses representing the five school districts in town. Under the more recent ell can be
found the paired "boy -girl" doors associated with the old schoolhouses and illustrated in the attached
images. Once schoolhouse #3 ended its career as a schoolhouse, it was moved next door and used for
storage in conjunction with the cranberry industry. We believe this is when the double barn doors were
added. It is our intention to return the schoolhouse to the original schoolhouse configuration, minus the
double doors and ell.
Brewster Conservation Trust was gifted this parcel of land with the stipulation that it be made into a small
park with the buildings on site removed. BHS expressed interest in acquiring and preserving the
schoolhouse, and BCT offered it to the Society. (Letter attached). BHS plans to flake (dismantle) the
structure, move it to a site already marked out at Windmill Village, and reassemble and restore it. It will be
curated as a schoolhouse, with a smaller exhibit about the cranberry industry on site. It will be open to the
public in accordance with Building Dept. rules, either to allow admittance or to allow viewing.
2. For Historic Preservation projects: Attach proof of listing on the State Register of Historic Places or a
letter from the Brewster Historical Commission indicating that the resource has been determined to be
significant in the history, archaeology, architecture, or culture of Brewster. Please note that rehabilitation
projects must comply with the Secretary of the Interior Standards for Treatment of Historic Properties.
Additional information and analysis will be needed for projects submitted by churches/religious
organizations to determine if they comply with the SJC's Caplan vs. Town of Acton decision.
Form B attached.
3. CPA Goals/Criteria: Describe how this project accomplishes the goals and objectives of the CPA (refer to
the attached general and issue -specific criteria and identify which of these apply to the project).
This project accomplishes the goals of preserving historic resources and also complies with the second highest
rating element in Brewster's Vision Plan, that of retaining the town's historic character. This project will also
educate and entertain the public on an aspect of the history of the town that would disappear forever were this
building to be destroyed, as this is the last remaining primary schoolhouse from the five school districts.
4. Community Benefits: What are the community benefits of the project?
4
Community Preservation Committee Application rev. 09/22/21
This project will preserve a part of Brewster's past that would be gone forever without this effort to reclaim it.
The community would gain from the educational and entertainment experience of rediscovering how schooling
was done a century and a half ago. Each spring, school groups visit Windmill Village, and we anticipate the
addition of an actual schoolhouse will be momentous. Depending on Building Department regulations, it may
be possible to hold programs in the building.
Community Support: What is the nature and level of support for this project? Include letters of support and
any petitions.
Letters of support from Brewster Conservation Trust and the Old King's Highway Historic District are attached.
A letter from the Select Board is anticipated following their July 25 meeting. The Brewster Historical
Commission has informally expressed support for the project. BHS intends to make this a community project as
they did with the Cobb House purchase and renovation, and a large community fundraising event dedicated
strictly to this project is planned. There will likely be more to follow.
5. Timeline: What is the schedule for project implementation, including a timeline for all milestones? Please
identify any special timing considerations for the project's implementation. If this is part of a larger project,
is it phased? What is the timeline for the entire project?
If funding is approved at the fall town meeting, the permitting process will begin immediately, with work to
begin in spring 2023. We anticipate project completion by fall 2024.
6. Credentials: What are the qualifications and relevant experience of those undertaking the project?
Brian Daley Construction has worked on many historic projects in town and in particular on BHS's Cobb
House Museum, the Cobb House Outbuilding, the Harris -Black House, and Higgins Blacksmith Shop. His track
record is proven many times over.
7. Budget/Need for Public Funds: (sources of funds and uses/expenses) for the project and schedule for
expenditure of CPA funds? All sources of funds and expenses must be clearly identified. Provide the basis
for cost estimates whenever possible. (Note: CPA funds may not be used for maintenance.)
See attached.
If this is part of a larger project, what is the budget for the entire project (sources of funds and
expenses/uses)?
Clearly identify what additional funding sources are available, committed, or under consideration and why
public funding would be appropriate. Include copies of commitment letters, if available, and describe any
other attempts to secure funding for this project. ,
• The Brewster Historical Society is planning a major fundraiser for this project.
• The Jennison Family Foundation has offered financial support for the project. (See attached copy
of email).
Provide the most recent audited fmancial report or if none available, an applicant generated financial report
that includes a balance sheet and operating budget. Town -sponsored projects must demonstrate why the
project cannot be funded through the Department's or Committee's budget.
See attached.
5
Community Preservation Committee Application rev. 09/22/21
8. Maintenance: If ongoing maintenance is required for your project, who will be responsible for maintenance
and how will it be funded?
The property will be maintained by the BHS Building and Grounds Committee, contracting for outside
work where needed. The Windmill Village maintenance budget will be adjusted to account for the upkeep on
this additional structure.
• The Eddy Foundation supports BHS maintenance projects with a yearly grant. The Kelley Foundation
and Mass. Cultural Council have supported maintenance (ex. reshingling of windmill).
• The Jennison Family Foundation has instructed us to inform any granting committee of their support for
this project, in keeping with past support of Cobb House and Outbuilding restorations. (See attached
letter of support)
9. Site Control and Appraisal: If the project involves acquisition of real property, provide evidence of site
control (deed, purchase and sale, option, etc.). In addition, provide an appraisal of the property's value by a
state licensed appraiser using customary appraising techniques. The CPA does not allow funding for
acquisitions if the acquisition price is greater than appraised value.
See attached letter from BCT. Legal and insurance details pending.
6
Community Preservation Committee Application rev. 09/22/21
Construction cost for relocation and renovation of School House #3
General scope of project:
Building is 26 by 35 feet wide. 910 sq.’
Walls are 12’4” high from sill to plate.
Gable ends are 22’ high from sill to peak.
Dismantle the existing building (school house) by hand and salvage all necessary
components including main framework, beams, salvageable sheathing and misc
interior woodwork.
Asphalt roofing, sidewall shingles, non salvageable trim and sheathing along with
connecting shed will be removed and disposed of as required.
Note that the existing windows, doors, roofing, siding are not period correct and were
replaced over past years with more modern materials.
The plan to replace all of these items with period correct construction materials will be
allowed for in construction cost estimates. This would include true divided light
windows, doors, red cedar shingle roof, sidewall cedar shakes and appropriate trim.
Building will be erected on a concrete foundation and slab.
A new wood frame floor system to be installed over concrete slab. Finished wood
floors will than be placed and installed over new frame using the old flooring if possible
(not likely) or will use new wood floors to simulate old style.
Materials from existing floor system will be used as needed to help in reconstruction of
building as needed.
All dismantled materials to be stored in watertight containers and relocated to Windmill
Village in preparation for rebuild at proposed site on grounds at WV.
Construction cost:
Dismantling cost including labor, equipment, demo fees. $ 54,000
Transportation and storage fees. 5000
Engineering for new foundation and building placement at Windmill Village. 3500
Architect fees for necessary plans and structural specs for building
department approval. 7500
Engineering and soil testing at new location. 5000
Insurance and legal fees. 4500
Permits. Waived hopefully……
Excavation, tree removal and site work as required.
Necessary materials for final grade and ready for landscaping as may be
needed. 22,000
Landscape allowance 5000
Foundation and flat work. 35,000
Reconstruction of building. 40,000
Additional materials as will be required. 12,000
New roof 10sq @ $ 2000 20,000
Exterior Sidewall 16 sq. @ $ 1500 24,000
Windows 6 @ 950.00 5700
Floor system including new frame, vapor barrier and finished wood floors. 20,000
Doors and millwork allowance. 7500
New wood trim to match as previously existed. 8500
Labor for installation of windows, doors, trim and all interior
reconstruction as required. 20,000
Install underground electric service and install basic lighting and outlets as
required. 8500
Exterior Painting as needed. 4500
Additional interior carpentry work for creating an exhibit of the old school
house and the cranberry era. 10,000
Installation of interior finished wall boards and ceiling boards as required to
be period correct for first floor school room. 2000sq’
Materials and Labor. 25,000
Total estimated construction and related cost: $ 347,200.00
Please note that the contractors being used for this project have all been involved with
our previous Brewster Historical Society projects and are very qualified with experience
in historical renovations.
Respectfully submitted by:
Paul H. Daley
Brewster Historical Society
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Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
July 25, 2022,
Re: Town of Brewster
Community Preservation Act Funding
Brewster Historical Society Restoration of Schoolhouse #3 at 2342 Main Street
To Whom it May Concern,
The Brewster Select Board voted at its’ July 25 meeting to support the application for
Community Preservation Act (CPA) funding in connection with the Brewster Historical
Society’s acquisition of Schoolhouse #3 at 2342 Main Street from the Brewster Conservation
Trust.
Once acquired, the Brewster Historical Society intends to relocate the building to their Windmill
Village property at 51 Drummer Boy Road, adjacent to Drummer Boy Park, provided that all of
the necessary local permitting approvals are secured. This property is within the Old King’s
Highway Historic District and on the same road the schoolhouse is currently on. Once relocated,
the building would be restored in a manner reflecting its history as a schoolhouse and barn.
The Windmill Village property would promote further public interaction. The three historic
structures currently on the site – the Higgins-Farm Windmill, the Harris-Black House, and the
Hopkins Blacksmith Shop – already attract residents and visitors with an interest in the history of
Cape Cod.
If awarded this Community Preservation funding, these funds will be used to help finance this
stage of the project. The restoration phase of the project is essential to ensure that the building is
preserved for the enjoyment of future generations.
We, the Select Board, believe that the building should be accessible to the public, with its history
clearly represented. The Brewster Historical Society has the necessary experience and expertise
required for such a project. The Society has a proven record of restoration of historic properties
that includes the three structures at Windmill Village and the 1799 Elijah Cobb House on Lower
Road. The Society has experienced fundraisers, craftsmen, and curators at hand, a team fully
capable of completing such a project.
The Brewster Select Board strongly supports this Community Preservation funding application.
Sincerely,
David Whitney,
Chair
Brewster Select Board
Office of:
Select Board
Town Administrator
Doc ID: 62ee696f9adac6a30ff907dbe3bd83f8ed211a48
Audit Trail
Title
File Name
Document ID
Audit Trail Date Format
Status
Brewster Historical Society Letter of Support
4c. Select Board ...A Application.pdf
62ee696f9adac6a30ff907dbe3bd83f8ed211a48
MM / DD / YYYY
Signed
07 / 26 / 2022
13:19:29 UTC
Sent for signature to Dave Whitney
(dwhitney@brewster-ma.gov) from emawn@brewster-ma.gov
IP: 131.109.131.20
07 / 26 / 2022
14:23:51 UTC
Viewed by Dave Whitney (dwhitney@brewster-ma.gov)
IP: 73.47.1.50
07 / 26 / 2022
14:24:19 UTC
Signed by Dave Whitney (dwhitney@brewster-ma.gov)
IP: 73.47.1.50
The document has been completed.07 / 26 / 2022
14:24:19 UTC
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Peter Lombardi, Town Administrator
FROM: Davis Walters, Building Commissioner
Jon Idman, Town Planner
RE: BHS Schoolhouse #3 Relocation Proposal/ CPC Project
DATE: September 22, 2022
The following are town regulatory permits and approvals we believe are required for the above-referenced
project proposed by the Brewster Historical Society (BHS), which involves removing/ ‘flaking’ the main
portion of the historic ‘Schoolhouse’ building at 2342 Main Street and relocating/ reconstructing it at 51
Drummer Boy Road.
Building
o A building (demolition) permit is needed to deconstruct the building.
o A building permit is needed to reconstruct the building.
o In terms of rebuilding, the building department review will include structural review and
accessibility.
Zoning
o The proposed use, “historical association or society,” is permitted by right in the subject
residential RR/ RL zoning districts.
o The reconstructed building would have to meet current dimensional requirements (height,
setbacks, coverage) for the residential districts.
o The Drummer Boy Rd. lot is located almost entirely within the Wetlands Conservancy
District because of the presence of mapped conservancy-type soils on-site. The Zoning
Bylaw generally prohibits the development of undeveloped properties in areas containing
such soils. The property is pre-existing, non-conforming, among other reasons, on this basis
because the lot is currently developed.
o The project either: requires a special permit from the Zoning Board of Appeals to develop the
property further and alter the nonconforming condition associated with conservancy-type
soils, or: BHS needs to test the soil around and within the proposed building footprint to
confirm the absence of such soils.
o The proposed use does not require Site Plan Review from the Planning Board because it is
not categorized as a ‘commercial, industrial or multifamily’ use in the Zoning Bylaw’s Use
Schedule.
Stormwater Management Bylaw
o The project requires a Minor Stormwater Permit because the rebuilding constitutes net new
impervious site coverage of 500-2500 sq. ft.
Old King’s Highway Historic District (OKHHD)
o Both 2342 Main Street and 51 Drummer Boy Road are in the OKHHD
o The demolition requires a certificate of demolition from the OKHHD Committee.
o The rebuild requires a certificate of appropriateness from the OKHHD Committee.
Wetlands: It does not appear that the existing building or proposed building footprint are located
within mapped flood zones or 100’ of a wetland.
Health: No water service or septic system/ wastewater generation is proposed
1
Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
APPLICATION FOR COMMUNITY PRESERVATION
Date: July 1, 2022
Name of Applicant: Brewster Open Space Committee
Contact Individual: Elizabeth Taylor, Chair
Mailing Address: Town Hall 2198 Main Street Brewster, MA 02631
Daytime Phone: 774-216-1659____e-mail: “ etaylor@brewster-ma.gov”
Name of Proposal: The Burke Property, Anglers Cartway
Address of Proposal (or assessor’s parcel ID: Map 137 Parcel 1, located at 0 Holly Avenue (Rear)
PROJECT SYNOPSIS:
The Town of Brewster is working with the Brewster Conservation Trust (BCT) to protect a 4.925-acre parcel
known as Huckleberry Hill connecting Nickerson State Park with the Town’s Bakers Pond Conservation Area.
The Towns of Brewster and Orleans have worked together since the 1970s to preserve critical habitat and walking
trails between Bakers Pond and Nickerson State Park.
This is the largest swath of forest and pond landscapes on the Lower Cape (outside the Cape Cod National
Seashore), making it one of the most important intact wildlife habitats in the State. Most of the Burke parcel has
been mapped within the Statewide Land Conservation Plan. Currently there is a 2-mile network of formal and
informal trails widely used by the public throughout the extensive woods west of Bakers Pond, almost all now on
Town-owned conservation land or BCT property. This parcel is the “missing link” to enable Brewster to extend
the public trail system here. The Compact of Cape Cod Conservation Trusts (Compact) has “pre-acquired” the
Burke Property for BCT. The Town would like to purchase a perpetual conservation restriction on the parcel,
continuing the State’s investment in this major protected open space area.
The Town Select Board, Town Administrator, Natural Resources Department, Conservation Commission, and
Open Space Committee support the purchase of a Conservation Restriction (CR), as does the non-profit Brewster
Conservation Trust (BCT). The Town is also applying for a State LAND Grant.
Category (circle all that apply): OPEN SPACE Historic Preservation Recreation Community Housing
CPA funding requested $264,000. Total Cost of Proposed Project $374,000
Both amounts include $14,000 to cover associated expenses, such as surveys, legal work, etc.
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Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
1. PROJECT DESCRIPTION:
The Town of Brewster is working with the Brewster Conservation Trust (BCT) to protect a 4.925-acre parcel
known as Huckleberry Hill connecting Nickerson State Park with the Town’s Bakers Pond Conservation Area.
The Towns of Brewster and Orleans have worked together since the 1970s to preserve critical habitat and walking
trails between Bakers Pond and Nickerson State Park.
This is the largest swath of forest and pond landscapes on the Lower Cape (outside the Cape Cod National
Seashore), making it one of the most important intact wildlife habitats in the State. Most of the Burke parcel has
been mapped within the Statewide Land Conservation Plan.
In 1987, the Commonwealth provided a $600,000 Self-Help grant to the Town of Brewster to purchase 20 acres
of forestland for conservation at Bakers Pond. Since that time, the towns of Brewster and Orleans and their
respective non-profit land trusts have assembled more than 147 acres for public passive recreation between Bakers
Pond and 1800-acre Nickerson State Park, the State’s primary park on Cape Cod. (See letters of support from
the Town of Orleans and Nickerson State Park, Attachment 5c-d.) The major landform in that vicinity is the 145-
foot high Huckleberry Hill, now mostly preserved.
In 2021 the Burke family, which had owned the 4.925-acre forest parcel for several decades, obtained a special
permit to build a single-family home and put the land up for sale. Because any development on the parcel would
have intruded on the natural values enjoyed by the public on the 2-mile long walking trail system on Huckleberry
Hill, and because of the surging demand for real estate on Cape Cod during the pandemic, the nonprofit Compact
of Cape Cod Conservation Trusts (Compact) stepped in quickly and “pre-acquired” the parcel for $360,000 in
August 2021. This move enables the Town of Brewster and nonprofit Brewster Conservation Trust (BCT) to
coordinate a purchase partnership, applying for and using Community Preservation Act funds (Town) and private
donations (BCT) to buy the land from The Compact. The proposal is for the BCT to take title in January 2023
for $360,000 and convey a Conservation Restriction (CR) to the Town for a bargain sale at $250,000. The Town’s
recent (May 2022) appraisal for the CR lists a value of $440,000. The Town is applying for a FY23 State LAND
grant to reimburse 52 percent of its CR purchase price, to continue to protect the State’s investment in this major
protected open space area.
2. CPA GOALS/CRITERIA:
The goals of this project encompass a number of the Community Preservation general criteria areas for
community preservation and enhancement serving the purposes of Open Space and Recreation; saving resources
that would otherwise be threatened; leveraging public funds and enhancing existing Town resources; all
contributing to the preservation of Brewster’s unique character.
Preservation of these 4.59 acres will provide:
Open Space Protection by:
a. Permanently preserving important wildlife habitat, areas that are of significance for biodiversity,
diversity of geological features/types of vegetation, habitat types that are in danger of vanishing
from Brewster; habitats of threatened/endangered species of plants or animals.
The parcel is characterized by native Cape Cod upland, a mixed deciduous/coniferous forest. This forest includes
Pitch Pine, White and Black Oaks with scattered American Beech, American Holly and Red Maple in the canopy
with a dense understory of Black Huckleberry (hence the name of the Hill), Lowbush Blueberry, and Arrowwood,
and groundcovers including Starflowers, various fern species, Checkerberry and Canada Mayflower. There are
no invasive plants to speak of and the forest is prime habitat for the Eastern Box Turtle, a Species of Special
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Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
Concern. The property slopes to the southeast to the certified vernal pool on the adjoining Town of Brewster
conservation land.
Loss of Forested Lands:
Brewster ranked in the “Top 20 Massachusetts Towns in Forest Lost to Residential Development (by acres lost)”
from 1985 to 1999. Since then, the rate has slowed with Brewster still ranking in the top 11 percent of all
Massachusetts towns in this regard as of 2009.” (Source: “Losing Ground: At What Cost?” Mass. Audubon
Society, 2003 & 2009). Brewster was also cited as one of five towns in the Top 25 for rare species diversity
relative to forest loss. By 2009, Brewster had lost more than 1,300 acres of its forest to sprawl since 1985, placing
its extensive upland habitats at risk.
“Today this trend continues all over New England with forestland being lost to development at a rate of 65 acres per day -
- a loss that comes at a time when public funding for preservation of open land, both state and federal, has also been on the
decline in all six states.” That's the conclusion of a 2017 report released by the Harvard Forest, a research institute of
Harvard University.
"The conversion of forest and farmlands to permanent structures is really changing the face of the New England landscape.
One of the things that makes new England one of the most compelling places to live is the green space. Conservation and
development don't need to be at odds; nature supports people by providing clean water, clean air and encouraging tourism.
Jonathan Thompson, a senior ecologist for Harvard Forest, said the report shows New England is reaching a transition
point. After 150 years of reclaiming forest land, all six states are again losing open space.. He pointed to success stories on
the state level including the Massachusetts Community Preservation Act. More than half of Massachusetts cities and towns
have adopted the effort aimed at saving open spaces, preserving historic sites, and developing affordable housing. Despite
that effort, Massachusetts has been losing forestland to development faster than any other New England state, at a rate of
7,000 acres a year. The state with the highest percentage of its land conserved as forest or farmland is New Hampshire,
with 30 percent, followed by Massachusetts (24 percent), Vermont (23 percent), Rhode Island (20 percent), Maine (19
percent) and Connecticut (15 percent).” (Harvard Forest, 2017)
“Today, the continuing loss of forestland is a bigger threat even than climate change, in part, because it more immediately
threatens local ecosystems. From 2001 to 2021, Barnstable lost 2.12 kilohectares of tree cover, equivalent to
a 3.2% decrease in tree cover since 2000, trees which would have released 613 kilotons of stored CO₂ back into the
atmosphere.” (Global Forest Watch, 2021)
b. Serving to enhance and protect existing wildlife corridors, promoting connectivity of habitat and
preventing the fragmentation of such habitats.
The Commonwealth has long recognized the open space importance of the Huckleberry Hill area. It is included
in the State’s Critical Natural Landscapes, anchored by Nickerson State Park (1800 acres) and the Town of
Orleans Wellfield (500 acres), and is the largest swath of forest and pond landscapes on the Lower Cape (outside
the Cape Cod National Seashore). This same area has been acknowledged in the UMASS CAPS Index of
Ecological Integrity as one of the most important intact wildlife habitats in the state. Most of the Burke parcel is
mapped within the Statewide Land Conservation Plan. And, Massachusetts Audubon has ranked the locus parcel
highly for its habitat significance. Additionally, the parcel abuts other conservation areas, is within BioMap2
Critical Natural Landscapes and the Cape Cod Commission Natural Areas Designation, and is high on the UMass
Index of Ecological Integrity. (See Attachment 3 maps.)
The terrestrial resilience of the parcel, as defined by The Nature Conservancy (See Attachment 3 Maps) is a
somewhat misleading. While it shows as half developed, the “development” is the narrow dirt road bisecting the
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Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
parcel, lightly traveled to one house beyond our locus. Again, the context of this area is highly resilient, owing
to the mix of woods and water and great quantities of protected open space.
This property directly abuts other Town and Brewster Conservation Trust conservation lands. These parcels form
contiguous forested uplands, which provide prime habitat for numerous migratory and native species, many of
which require large unfragmented woodlands in order to establish territories, find food and successfully
reproduce. Preventing these acres from being developed not only precludes fragmentation of the habitat, but also
prevent additional residential intrusions, such as dogs, noise, light and traffic, from penetrating deeper into these
important wildlife habitats. There is also a psychological footprint from development that far exceeds its physical
footprint. This parcel abuts one of the few frontier areas left in Brewster where there are no paved roads, no public
water supply distribution system, no sewer, no gas pipelines, etc. With large tracts of unbroken forest still intact
in this area, it is not surprising that it is a strategic place to preserve remaining lands that serve as the base for so
much natural resource protection.
Preservation of these 4.59 acres will also provide:
Recreational Benefits by:
a. Expanding the range of passive recreational opportunities available to all ages of Brewster residents
and visitors.
b. Providing connection with existing trails or potential trail linkages to conservation areas
This site would provide public access to an unfragmented woodland via footpath for walking, nature observation
and other passive activities. Currently there is a 2-mile network of formal and informal trails widely used by the
public throughout the extensive woods west of Bakers Pond, almost all now on Town -owned conservation
land or Brewster Conservation Trust property. The 4.95-acre Burke parcel is the “missing link” to enable Brewster
to extend the public trail system here. The Town of Orleans maintains a joint formal parking area on Bakers Pond
Road, forming the main trailhead for the loop trail. This acquisition will enable Brewster to expand this loop trail,
one of the twelve major trails in Brewster. Having another access point from the Brewster side should provide
convenience for walkers joining the trail system from the west and the Burke parcel will enable hikers to connect
through to Angler’s Cartway and continue down into Nickerson Park on the dirt road.
Such green pathway linkages connecting various sections of Town with each other and to neighboring towns add
regional benefit and contribute towards completion of the Cape Cod Pathways. Existing uses of the area include
hiking, Nordic skiing, horseback riding, walking, and birdwatching. The Cape-wide CapeWalk that occasionally
takes place over a nine-day stretch with hikers crossing from Provincetown to Falmouth, would also find trails
that would enhance the Walk connecting Brewster to Orleans.
When the Town of Brewster updated its Open Space and Recreation Plan (OSRP) in 2021, additional goals were
added including preservation of a variety of rural recreational activities and high-quality natural environments in
close proximity to all residential areas. It stresses that recreation opportunities are incredibly important for a
healthy and vibrant community. Recreation provides a common ground focused on inclusivity while fostering a
culture of health and well-being in our community. Residents are looking for more recreational opportunities for
all ages. Respondents to the OSRP survey highlighted the need for future open space and recreational planning
to focus on walking and hiking trails, specifically those that are accessible. The Brewster Vision Plan also
highlights the need for more walking trails.
The Brewster Vision Plan and Open Space & Recreation Plan both speak to the importance of recreation and
leisure activities as being integral to human health and social well-being, and the Town is dedicated to creating
opportunities for Brewster residents to live healthier lifestyles.
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Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
“People look to the Town’s parks and open spaces as an outlet during stressful situations. Resource advocates voice the
importance of these spaces for physiological and mental health benefits, offering opportunities to be physically active,
"unplug" our minds, and reconnect with nature. This was amplified during COVID-19 pandemic, when the Governor issued
stay-at-home orders from March to at least May 2020. Many found refuge by simply walking, biking, or running, or being
in their local park or open space.” (OSRP 2021)
The most recent (2017) Statewide Comprehensive Outdoor Recreation Plan (SCORP) identified several priority
goals. The Huckleberry Hill NW project supports the goal of providing open space access to underserved areas.
Brewster is an Environmental Justice community and has protected open space acres per capita that is about
average in the county. (See Attachment 4. Section 5b.) This land acquisition will also support the SCORP’s trail
initiative by providing a 2-mile trail loop extension that will connect through public open space to the network at
Bakers Pond.
3. COMMUNITY BENEFITS:
This acquisition will provide multiple benefits to numerous populations. The current population of Brewster
(9,703 - Town Clerk, July 2022) will benefit, as will Brewster’s 35,000+ annual visitors, many of whom will be
able to enjoy this area.
Brewster voters have been approving land acquisition for over 60 years, accumulating over 1,200 acres to protect
their drinking water and surface waters, wildlife corridors, rare and endangered species habitats, seacoast and
massive recreation areas. This parcel has been identified as important for habitat and wildlife corridor protection,
as well as providing excellent recreational trail connections. It has been endorsed by the Select Board, Town
Administrator, Natural Resources Department, Conservation Commission, and Open Space Committee.
The 1991, 1999, 2013 and 2021 Town of Brewster surveys found that residents value the preservation of public
lands for accessible peaceful recreation. In 2018, the Town completed the Vision Plan, the result of a significant
public participation process which included three series of workshops and a public survey to gauge the importance
of actions to achieve the vision. The Vision Plan is built on eight “building blocks”, one being Open Space. These
building blocks received the highest rankings of importance in the public survey. Throughout the planning
process, citizens noted the contribution of open space to Brewster’s character, the protection of water resources
and natural habitat, and passive recreation.
Pertinent Goals and Objectives in the 2021 OSRP include the following:
Open Space:
• Provide more walking trails and expand access to recreational areas.
• Provide open space and recreation opportunities that maintain Brewster’s rural character
• Acquire and protect upland wooded, open field, coastal, and wetland parcels that preserve and enhance
community character.
• Protect open space for the purpose of preserving Brewster’s unique and fragile ecological habitats and
augment the Town’s network of wildlife corridors.
Recreation:
• Provide a variety of recreation and open space opportunities to promote healthy and active l ifestyles for
Brewster residents, ensuring equitable access for all users and abilities.
• Acquire and protect lands of recreational value.
• Enhance walking and biking opportunities that connect residential areas with open space and recreational
resources.
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Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
• Support coordination and communication of regional open space and recreation needs.
• Collaborate with neighboring communities and the region to increase connectivity of multi -modal paths
that cross jurisdictional boundaries.
• Increase communication and collaboration with local stakeholders, neighboring communities, and the
region to investigate opportunities for shared open space and recreation resources.
This acquisition fits squarely within these goals and purposes, clearly reflecting the priorities and vision of
Brewster’s residents.
4. COMMUNITY SUPPORT:
The Brewster Conservation Trust (BCT) has a full-time land Stewardship Coordinator, assisted by an AmeriCorps
member and an active covey of volunteers/trail crew. A volunteer Land Monitor walks the trail at least monthly
and reports on any management issues. BCT hosts annual guided walks on the trail loop.
BCT has been active in preserving Huckleberry Hill since its first acquisition there in 2011, funded in part by a
Massachusetts Conservation Partnership grant. Most recently, BCT pre-acquired the 8-acre Walsh parcel nearby
on behalf of the Massachusetts Department of Conservation and Recreation (DCR) to add onto Nickerson State
Park. DCR, BCT and the Town continue to reach out to nearby landowners to preserve parcels through bargain
sales and conservation restrictions, including Noerdlinger, Salzer and Powers on the west and south sides of
Huckleberry Hill. (See Evidence of Project Leverage in Vicinity, Attachment 5e)
The Compact “pre-acquired” the parcel, allowing Brewster and the BCT to coordinate a purchase partnership.
BCT will own the parcel, while Brewster will purchase a perpetual Conservation Restriction, continuing the
State’s investment in this major protected open space area. The Town Select Board, Town Administrator, Natural
Resources Department, Conservation Commission, and Open Space Committee support the purchase of a
Conservation Restriction.
5. CREDENTIALS:
The Brewster Conservation Trust will have custody and control of this conservation area. The Town of Brewster
will hold the Conservation Restriction, which will enable it to also participate in maintenance and management
of this conservation area.
6.TIMELINE:
2021 MAR- Burke family obtains approval from Brewster Zoning Board of Appeals for single-family
home on grandfathered 5-acre lot
APR - Burke family lists the parcel for sale at $398,000; Town Open Space Committee approves
purchase negotiations
MAY- Town decides to postpone purchase offer
JUL - The Compact signs purchase agreement with Burkes for $360,000
AUG - The Compact purchases parcel, to preserve ability of Town and Brewster Conservation Trust
to coordinate a funding partnership
AUG - BCT agrees to purchase property from The Compact, seeks Town cooperation
NOV - Town Open Space Committee votes to pursue negotiations to buy CR from BCT
2022 FEB - Select Board and Open Space Committee agree to buy CR for $250,000
APR- Town seeks CR appraisal, delivered in May
JUL - Town Conservation Commission submits LAND grant application; draft CR submitted to State;
application submitted to Community Preservation Committee
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Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
AUG - Community Preservation Committee votes to recommend CR purchase
NOV- Special Town Meeting to approve CR purchase; State issues LAND grant award
DEC - Town signs LAND contract; State signs final CR after local approvals
2023 JAN - Closing: BCT buys the land and conveys CR to Town
FEB - Town prepares baseline/management plan and submits to State for review; State comments on
draft plan
JUN- Final date for submittal of LAND grant compliance documents
7. BUDGET:
This Conservation Restriction acquisition would be funded through the Town’s Community Preservation Fund.
The Open Space Committee recommended the purchase. Town Meeting approval will be sought at Special Town
Meeting in Fall 2022.
PROPOSED PROJECT COSTS AMOUNT COMMENTS
Appraised value of Conservation Restriction (CR) $ 440,000 as appraised by Town appraiser M. Sutton (2022)
Land purchase cost by The Compact of Cape Cod $ 360,000 bargain sale negotiated between Compact and
Burke 2021
CR Acquisition Cost $ 250,000 bargain sale negotiated between Town and BCT
Grant application services (From Admin funds) $ 4,500 consultant services for LAND grant/CR drafting
Appraisal for State LAND grant specs $ 1,500 Michael Sutton, Appraisal Services of Cape
(From Admin funds) Cod, Inc.
Land survey $ 0 plan of record is sufficient
Miscellaneous due diligence for closing $ 14,000 legal services, Registry fees, etc.
TOTAL PROJECT COSTS $ 264,000
PROPOSED PROJECT FUNDING SOURCES
Town Community Preservation Fund $ 264,000 to be voted at Special Town Meeting, Fall
2022
TOTAL PROJECT FUNDING $ 264,000
Total Eligible Project Costs for LAND Grant: $ 256,500 purchase price and eligible fees
LAND Grant request $ -133,380 52% reimbursement rate (not to exceed
$400,000)
Municipal/local share of Eligible Project Costs $ 123,120 Community Preservation Fund
8. MAINTENANCE:
The Brewster Conservation Trust will have custody and control of this conservation area. The Town of Brewster
will hold the Conservation Restriction, which will enable it to also participate in maintenance and management
of this conservation area.
Brewster’s Natural Resources and Conservation Departments are responsible for the administration of the Town’s
wetlands protection bylaws and regulations and open space planning and management. Recognizing that staffing
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Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
is limited in these departments, the Town relies on partnerships for the upkeep and management of the
conservation areas and natural resources:
• The Brewster Conservation Trust will participate in maintenance/management of this conservation area.
• The Brewster FLATS (Friends of Land, Aquatics, Trails & Shellfishing) group works with the Natural
Resources Department and helps maintain Brewster’s open space and recreation areas.
• Local Scouts and other civic and community groups also help to maintain trails, trail markings, and clean-
up of Brewster’s public open spaces. More than half of respondents to the OSRP survey indicated that
conservation volunteering was important in future planning of open space and recreation.
•
9. SITE CONTROL AND APPRAISAL:
The Burke Quit Claim Deed is Attachment 8a.
The Draft Conservation Restriction and State Application form for Conservation Restriction is Attachment 4.
An Appraisal of the property’s value by a licensed appraiser using customary appraising techniques is Attachment
9.
Appraisal Summary: Michael Sutton, Appraisal Services of Cape Cod & Islands
Real Estate Appraiser
Route 6A, PO BOX 1655
Orleans, MA 02653.
Opinion of Market Value: $440,000 May, 2022
The Brewster Open Space Committee
July 1, 2022
9
Open Space Committee - Community Preservation Committee Application: 0 Holly Avenue/Anglers Cartway (Burke Property)
July 1, 2022
LIST OF ATTACHMENTS
1. Town Meeting Article (draft) authorizing CR purchase (to be voted Nov. 2022)
2. Town Authorizations and Local Approvals: Select Board Letter
3. Resource Maps
A. USGS Topographic Locus Map
B. Assessor’s Locus and Road Map
C. Environmental Justice
D. Aerial Photograph
E. Protected Open Space Context
F. BioMap2 Critical Natural Landscape
G. Mass Audubon MAPPR Map
H. The Compact Priority Open Space Map
I. The Nature Conservancy Habitat Resilience
J. Natural Areas Designation, Cape Cod Commission
K. Statewide Land Conservation Plan
L. UMass. Index of Ecological Integrity
M. Public Walking Trails Guide
4. Conservation Restriction Forms
i) DCS CR Draft Acknowledgment
ii) State Conservation Restriction Application
iii) Draft Conservation Restriction –Brewster Conservation Trust to Town Conservation
Commission to (first page only)
5. Letters of Support
a. Mass. Natural Heritage and Endangered Species Program, Div. of Fisheries & Wildlife
b. Mass. Historical Commission: Edward Bell, Deputy State Historic Preservation Officer
c. Mass. Department of Conservation and Recreation: Eric Levy, Supt. Nickerson State Park & Hawksnest State
Forest
d. Town of Orleans Conservation Commission: John Jannell, Administrator
e. Brewster Conservation Trust: Amy Henderson, Executive Director
f. Brewster Conservation Commission: Michael Tobin, Chair
6. Examples of Good Land Stewardship – Brewster Conservation Commission
7. Site Photographs, 2022
8. Site Background
a) Deed of Record
b) Survey Plan of Record
c) Board of Appeals Decision
9. Appraisal Report:
Michael Sutton, May, 2022 (excerpt)
The Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
Charles D. Baker
GOVERNOR
Karyn E. Polito
LIEUTENANT GOVERNOR
Bethany A. Card
SECRETARY
Tel: (617) 626-1000
Fax: (617) 626-1181
September 23, 2022
Peter Lombardi
Town Administrator
2198 Main Street
Brewster, MA 02631
Re: Huckleberry Hill North West CR Project, LAND #42
Dear Mr. Lombardi:
Thank you for your application to the FY23 Local Acquisitions for Natural Diversity (LAND)
grant program. Unfortunately, the terms outlined in the bid document issued on March 16, 2022
identify “The property...Cannot be already owned by a 501c(3) non-profit environmental or
conservation organization unless it was purchased no earlier that the posting date for the
grant...”. Therefore, the application to purchase land acquired by The Compact on August 4,
2021 was determined to be ineligible for funding.
The Executive Office of Energy and Environmental Affairs appreciates the Town of Brewster’s
work to conserve the natural resources of Massachusetts and the Town’s collaboration with The
Compact. I understand the critical role that non-profit partners play in securing important
conservation properties and will review the bid document, in consultation with EEA staff, to
identify opportunities to better accommodate the pre-acquisition of property by partners.
We strongly encourage you to apply for future grant rounds of the LAND program or one of the
other DCS grant programs. Please continue to visit our website at www.mass.gov/eea/dcs-grants
for information, or reach out to me directly at (857) 330-1978 or vanessa.farny@mass.gov if you
have any questions.
Sincerely,
Vanessa Farny
Forest and Land Grant Programs Manager
Community Preservation Committee Bylaw Changes – May 2022
To see if the Town will vote to amend the General Bylaws, Section 17, to
delete Sections 17-4 and 17-5 in their entirety, with such revision to take
effect on July 1, 2022, as follows:
Section 17-1. Membership of the Committee – There is hereby established a
Community Preservation Committee, consisting of nine (9) voting members.
pursuant to the provisions of Section 298 of Chapter 149 of the Acts of 2004,
as amended by Sections 129-133 of Chapter 352 of the Acts of 2004. The
composition of the Committee, the appointing authority and the term of office
for the committee members shall be as follows; one member of the
Conservation Commission, as designated by said Commission; one member of
the Historic District Commission, as designated by said Commission; one
member of the Planning Board, designated by the said Board; one member of
the Recreation Commission, as designated by the Commission; one member of
the Brewster Housing Authority, as designated by said Authority; and four
individuals to be appointed by the Board of Selectmen. Each member of the
Committee shall serve a term of three years or until the person no longer serves
in the position or on the board or on the committee as set forth above,
whichever is earlier. Should any of the officers and commissions, boards or
committees who have appointing authority under this bylaw be no longer in
existence for whatever reason, the Board of Selectmen shall appoint a suitable
person to serve in their place. Any member of the committee may be removed
by the Selectmen, with prior notice to the member and a hearing,for good
cause.
Section 17-2. Duties – The Community Preservation Committee shall study the
needs, possibilities and resources of the town regarding community
preservation. The Committee shall consult with existing municipal boards,
including the Conservation Commission, the Recreation Commission, the
Historical Commission, the Planning Board, the Department of Public Works,
and the Housing Authority, or persons acting in those capacities or performing
like duties, in conducting such studies. As part of its study, the committee
shall hold one or more public informational hearings,at its discretion, on the
needs, possibilities and resources of the town regarding community
preservation possibilities and resources, notice of which shall be posted
publicly and published for each of two weeks preceding a hearing in a
newspaper of general circulation in the town.
Section 17-3. The Community Preservation Committee shall make
recommendations to the Town Meeting for the acquisition, creation and
preservation of open space, for the acquisition and preservation of historic
resources, for the acquisition, creation and preservation of land for recreational
use, for the creation, preservation and support of community housing and for
rehabilitation or restoration of such open space, historic resources, land for
recreational use and community housing that is acquired or created as
provided in this section.
Section 17-4. In every fiscal year, the Community Preservation Committee shall
recommend that Town Meeting spend, or set aside for future spending, the
fixed figure of fifty (50%) percent of the net annual revenues in the Community
Preservation Fund for open space purposes, not less than ten (10%) percent of
the net annual revenues for community housing purposes, and not less than
ten (10%) percent of the net annual revenues for historic resources purposes.
In every fiscal year, the Community Preservation Committee shall recommend
that Town Meeting spend or set aside for future spending the remaining thirty
(30%) percent of the net annual revenues for community housing, recreation
and historic resources purposes, but not for open space purposes.
Notwithstanding the foregoing, the net annual revenues paid into the
Community Preservation Fund shall be dedicated to open space purposes until
such time as prior appropriations made pursuant to the so-called Land Bank
Act have been fully expended, even if the aggregate amount of such
expenditures exceeds 80% of the annual revenues.
Section 17-5. Provided that the Community Preservation Act is accepted at the
2005 Annual Town Election, this section shall take effect upon approval by the
Attorney General of the Commonwealth of Massachusetts and after all the
requirements of Mass. Gen. Laws, ch. 40, § 32 have been met. Each appointing
authority shall have thirty (30) days after the effective date to make its
appointments.
or to take any other action relative thereto.
Town of Brewster Community
Preservation Plan Overview
Presentation to Brewster Select Board
August 8, 2022
08/08/22 1
08/08/22 2
Components of CPA implementation in Brewster
1. Funding
2. Funding Allocation Formula
3. Community Preservation Committee (CPC)
4. Town Meeting Approval
And for Select Board discussion tonight – 5 Year CPA Plan
08/08/22 3
1. Community Preservation Act Funding
Local Tax Revenue
• 3% surcharge on Real Estate
taxes
State Revenue
• CPA Trust Fund Collections at Registry
of Deeds
Total FY23 Funding estimate
• $1,144,558 + $286,140 = $1,430,698
08/08/22 4
2. Brewster’s Funding Allocation Formula
08/08/22 5
In 2005, Brewster adopted a
local bylaw that sets minimum
funding allocations by CPA
category.
3. Community Preservation Committee (CPC)
The CPC has 9 members.
4 Members are appointed by the Select Board
By statute, each of these boards appoints a member to the CPC:
• Planning Board
• Historical Commission
• Brewster Housing Authority
• Conservation Commission
• Recreation Commission
08/08/22 6
Why develop a 5 Year CPA Plan?
•Consider strategies to allow Brewster CPC flexibility in making future
funding recommendations to adapt to shifting priorities
•Create a framework to make funding recommendations for multiple
eligible projects
•Analysis of Funds/project requests
•Does Brewster’s Funding Allocation Formula meet future CPA needs?
•Establish criteria for funding recommendations about regional
projects
•Have a professionally led CPA plan development process
08/08/22 7
CPA Plan Development Process
August 2021 – March 2022
August 2021 - CPC hired consultant JM Goldson LLC to lead project.
Fall 2021 – Focus groups and community member interviews
November 2021 – Interactive Forum for feedback on community CPA
priorities
Winter 2022 – CPC member individual interviews and several working
sessions as part of CPC committee meetings
Late Winter 2022 – Public Forum to review draft plan and solicit public
comment.
March 2022 – Final plan presented and approved by CPC
08/08/22 8
5 Year CPA Plan Components
Executive Summary
•Includes recommendation for town bylaw change to Brewster’s Funding Formula
•CPC adoption of Target Allocation Policy
Overview
•Introduction
•CPA Eligibility
•Background
•Application and Funding Process
Overall Policies and Goals
•5 Year Target Allocation Policy
•Overall CPA Goals
Needs, Goals, Eligible Activities for CPA Project Categories
•Community Housing
•Open Space
•Historic Preservation
•Outdoor Recreation
08/08/22 9
Rev. 03/04/2022 10
Rev. 03/04/2022 11
CPA Plan Recommendation 1 – Funding Formula Change
Amend Brewster’s Minimum Allocation bylaw requirements by adopting the CPA statute minimum set asides
effective July 1, 2023.
t Category
Historic Preservation
Affordable Housing
Open Space
Outdoor Recreation
Unbudgeted Reserve*
Move from Current
Formula Minimum
Set-aside
10%
10%
50%
0%
30%**
To Statutory Formula
Minimum Set-aside
10%
10%
10%
70%***
•Includes 5% set aside for CPC Administrative Expenses
•** Can be spent on Historic Preservation, Community Housing or Outdoor Recreation Projects
•*** Can be spent on any CPA eligible project in any category08/08/22 12
CPA Plan Recommendation 1 – Funding Formula Change
Considerations: Carryover reserve balances from EOY22
• $1,556,879 Open Space
• $45,369Affordable Housing
• $500,351 Historic Preservation
• $757,756
• Available for Housing, Historic, Recreation
Undesignated/Budgeted
Reserve
08/08/22 13
CPA Plan Recommendation 1 – Funding Formula Change
Considerations: CPC Anticipated Needs FY23-27: An
incomplete list*
Sources: 2021 Annual Public Hearing/Brewster 5 Year Capital Improvement Plan
Open Space
• Bond Payments -
$819,837
• New acquisition funding
- $400K annual est.
• Est. Total = $2.8 Million
Housing
• Millstone Rd. Housing
• Housing Coordinator
• Lower Cape Housing
Institute
• Buydown Program
• Wells Court Roofs
• Pennrose/Cape Cod 5
• Est. Total = $1,427,500
Historic
• Library
renovation/construction
• Windmill Village Barn
• Town Record
preservation
• Est. Total = $1,951,208
Recreation
• Drummer Boy Park Ph.1
• Town Fields ADA &
Upgrade
• Gages Field ADA &
Upgrade
• Freeman Fields New
Playground
• Est. Total = $1,430,000
08/08/22 14
*Future projects not included here:
- Sea Camps Bay and Pond parcel proposals
- Non CIP projects due to begin after 2022
- New housing initiatives and programs under consideration
2022 Public Hearing is scheduled for September 14, 2022
CPA Plan Recommendation 1 – Funding Formula Change
Considerations: Projected Balances with current formula
08/08/22 15
FY23-27 based on Existing Formula
Existing formula FY23-27 50%10%10%30% minus 5% Admin
Open Space Housing Historical Budgeted Reserve*
Net total available for projects $ 4,313,787 $ 760,715 $ 1,215,701 $ 2,546,127
Estimated Projects FY23-27 $ 2,000,000 $ 1,427,500 $ 1,951,208 $ 1,430,000
Funded from category reserve $ (2,000,000)$ (756,957)$ (1,211,943)
Look to fund from Budgeted Reserve $ 670,543 $ 739,265 $ (2,839,808)
Est. net total end of FY27 $ 2,313,787 $ -$ -$ (293,681)
* Reserved for Housing, Historic, Recreation
Assumptions: Level annual revenue of $1,430,697
•CPA Plan Recommendation 2 – CPC to Adopt 5 Year Target Allocation
Policy
Category
Open Space
Affordable Housing
Historic Preservation
Outdoor Recreation
Administrative Expense
Unbudgeted Reserve*
5 Year Target Allocation
Policy
30%
30%
10%
10%
5%
15%
•*Can be spent on any CPA eligible project in any category 08/08/22 16
CPC Recommendation to Select Board
Approve the 5 Year CPA Plan and the recommendations in it.
•Support increased funding flexibility for the Community Preservation Committee to adapt to the town’s shifting priorities.
•Provide assurance to voters that the CPC, now and in the future, will be held accountable for managing to the committee’s new Target Allocation Policy.
* As a reminder, CPC funds are spent only with Town Meeting approval, after they have been reviewed and recommended by both the CPC and the relevant subcommittee (eg. Housing Partnership for housing projects).
1708/08/22
Brewster Community Preservation Plan FY23-FY27 1
TOWN OF BREWSTER
COMMUNITY
PRESERVATION PLAN
FY23-FY27
PREPARED FOR:
Community Preservation Committee
Town of Brewster
2198 Main Street
Brewster, MA 02631
DATE APPROVED:
03/23/2022
PREPARED BY:
JM Goldson LLC
Brewster Community Preservation Plan FY23-FY27 2
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Brewster Community Preservation Plan FY23-FY27 3
TABLE OF CONTENTS
ACKNOWLEDGMENTS 5
KEY DEFINITIONS 6
Executive Summary 8
BACKGROUND 8
PLANNING PROCESS 8
CPC FUNDING GOALS & TARGET ALLOCATION POLICY 8
Chapter 1: Overview 10
INTRODUCTION 10
CPA ELIGIBILITY 10
BACKGROUND 10
APPLICATION AND FUNDING PROCESS 16
Chapter 2: Overall Policies and Goals 20
FIVE-YEAR TARGET ALLOCATION POLICY 20
OVERALL CPA GOALS 21
Chapter 3: Community Housing 22
NEEDS 22
GOALS 22
ELIGIBLE ACTIVITIES 24
Chapter 4: Open Space 28
NEEDS 28
GOALS 28
ELIGIBLE ACTIVITIES 30
Chapter 5: Historic Preservation 36
NEEDS 36
GOALS 36
ELIGIBLE ACTIVITIES 37
Brewster Community Preservation Plan FY23-FY27 4
Chapter 6: Outdoor Recreation 42
NEEDS 42
GOALS 42
ELIGIBLE ACTIVITIES 44
Appendices 48
Brewster Community Preservation Plan FY23-FY27 5
ACKNOWLEDGMENTS
Thank you to the community members and Town staff who contributed their time and local knowledge to
this report by participating in interviews and focus groups and attending the public forum and
presentation of the draft plan.
COMMUNITY PRESERVATION COMMITTEE MEMBERS
Faythe Ellis, Chair
Sarah Robinson, Vice Chair
Sharon Marotti, Treasurer
Elizabeth Taylor, Clerk
Roland Bassett Jr.
Christine Boucher
Bruce Evans
Peggy Jablonski
Paul Ruchinskas
TOWN STAFF
Peter Lombardi, Town Administrator
Donna Kalinick, Assistance Town Administrator
Jill Scalise, Housing Coordinator
Brewster Community Preservation Plan FY23-FY27 6
KEY DEFINITIONS
This list of key definitions is intended to assist the reader and is not intended to replace applicable legal
definitions of these terms. The following definitions are for key terms used throughout the document,
many of which are based on definitions per MGL c.44B s.2 or other statutes and regulations.
Active Recreation – Requires intensive development to create outdoor recreation and often involves
cooperative or team activity, including playgrounds, ball fields, and paved bike paths.
Areawide Median Income – The median gross income for a person or family as calculated by the United
States Department of Housing and Urban Development, based on the median income for the
Metropolitan Statistical Area.
Chapter 40B – A state statue which enables local Zoning Boards of Appeals (ZBAs) to approve affordable
housing developments under flexible rules if at least 20-25% of units have long-term affordability
restrictions.
Community Housing – As defined by the Community Preservation Act is housing for individuals and
families with incomes less than 100 percent of the Areawide Median Income, including senior housing. In
general, the occupant(s) should pay no greater than 30% of his or her income for gross housing costs,
including utilities.
Community Preservation – The acquisition, creation, and preservation of open space; the acquisition,
creation, preservation, and rehabilitation/restoration of land for recreation; the acquisition, preservation,
and rehabilitation/restoration of historic resources; and the acquisition, creation, preservation, and
support of community housing.
Community Preservation Act – A state law, MGL c. 44B, is enabling legislation that allows communities to
raise and set aside funds for community preservation projects, including open space and natural resource
conservation, outdoor recreation, historic preservation, and community housing. It is funded through a
combination of a local property tax surcharge of up to 3 percent and a variable state contribution from
the Community Preservation Trust Fund.
Community Preservation Committee – The committee established by the legislative body of a city or town
to make recommendations for community preservation, as provided by Section 5 of MGL c. 44B.
Community Preservation Fund – The municipal fund established by Section 7 of MGL c. 44B.
Historic Resource – A building, structure, document, or artifact that is listed on the state register of
historic places or National Register of Historic Places or has been determined by the local historic
preservation commission to be significant in the history, archeology, architecture or culture of a city or
town.
Household – All the people, related or unrelated, who occupy a housing unit. It can also include a person
living alone in a housing unit or a group of unrelated people sharing a housing unit as partners or
roommates.
Brewster Community Preservation Plan FY23-FY27 7
Housing Production Plan – A community’s proactive strategy for planning and developing affordable
housing. In a HPP, a community creates a strategy to produce housing units and meet the 10 percent goal
under Chapter 40B.
Local Historic District – An area or group of historic structures that are deemed significant to the town’s
history, archeology, architecture, or culture and protected by public review.
Low-income Housing – Housing for persons or families whose annual income is less than 80 percent of
the areawide median income (AMI). The AMI is determined by the United States Department of Housing
and Urban Development (HUD).
Moderate-income Housing – Housing for persons or families whose annual income is less than 100
percent of the areawide median income (AMI). The AMI is determined by the United States Department
of Housing and Urban Development (HUD).
Open Space – Land to protect existing and future well fields, aquifers and recharge areas, watershed land,
agricultural land, grasslands, fields, forest land, fresh and saltwater marshes and other wetlands, oceans,
rivers, streams, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic
vistas, land for wildlife or nature preserve, and/or land for recreational use.
Passive Recreation – That which emphasizes the open space aspect of a park, and which involves a low
level of development, including picnic areas and trails.
Preservation – The protection of personal or real property from injury, harm, or destruction.
Recreational use – Recreation uses are often divided into two categories: passive and active recreation.
See definitions for “Passive recreation” and “Active Recreation.” Recreation, under the CPA, does not
include horse or dog racing, or the use of land for a stadium, gymnasium, or similar structure.
Rehabilitation – Capital improvements or extraordinary repairs to historic resources, open spaces, lands
for recreational use, and community housing for the purpose of making the above functional for their
intended uses and compliant with the Americans with Disabilities Act (ADA) and other federal, state, or
local building or access codes. With historic resources, “rehabilitation” must comply with the Standards for
Rehabilitation stated in the United States Secretary of the Interior’s Standards for the Treatment of
Historic Properties (codified in 36 C.F.R. Part 68). With recreational use, “rehabilitation” includes the
replacement of playground equipment and other capital improvements to the land or facilities which make
the related land or facilities more functional for the intended recreational use.
Subsidized Housing Inventory (SHI) - The official list of units, by municipality, maintained by the
Massachusetts Department of Housing and Community Development (DHCD) that is used to measure a
community’s stock of low- and moderate-income housing for the purposes of M.G.L. Chapter 40B’s 10
percent goal.
Brewster Community Preservation Plan FY23-FY27 8
EXECUTIVE SUMMARY
BACKGROUND
The Community Preservation Act (CPA) is a state law, MGL c.44B, that was enacted in 2000. Brewster adopted
the Community Preservation Act in 2005. The CPA creates a way for communities to raise and set aside funds for
community preservation projects. These can include open space conservation, outdoor recreation, historic
preservation, and community housing. Brewster generates CPA funds through a local real property tax surcharge
of 3 percent. There is also a variable distribution from the State Community Preservation Trust Fund (Trust Fund).
Since the beginning of the program, Brewster has collected over $19 million.1 Brewster has funded about 70
community preservation projects since adoption. These initiatives included capital improvements, land acquisition,
assistance programs, as well as plans and studies.
PLANNING PROCESS
The Community Preservation Committee (CPC), through the Town of Brewster, contracted with JM Goldson, a
planning consultancy, to assist with the preparation of an updated Community Preservation Plan. The consultant
team’s role is to study existing plans, identify Brewster’s community preservation needs and resources, and to
solicit community input. Soliciting community input was an important component of this planning process. The
CPC sponsored focus groups and interviews with a variety of community members. They also held an interactive
online forum to help understand community priorities for the use of CPA funds in coming years.
CPC FUNDING GOALS & TARGET ALLOCATION POLICY
Below are the goals for each CPA category and a brief description of the target allocation policy. Each goal is
further described in the following chapters. The goals are not listed in order of priority.
TARGET ALLOCATION POLICY
When Brewster adopted the CPA in 2005, it did so with a customized bylaw increasing the minimum allocation
amounts for each funding area to reflect community priorities. This plan recommends bylaw amendments to
remove the customized allocation requirement and to defer to the statutory minimums of 10 percent for each of
the three categories: community housing, open space and recreation, and historic preservation. In addition,
through this plan, the CPC establishes a five-year target allocation policy which will guide funding allocations to
address the top community priorities of community housing and open space. Further information about this
policy is detailed in Chapter 2.
OVERALL CPA GOALS
1. Prioritize allocation of CPA funding to create and support community housing and preserve open
space/natural resources, including multi-purpose projects that address both housing and open space
needs.
2. Secondarily, support eligible outdoor recreation and historic preservation projects.
3. Support eligible projects that demonstrate compatibility with the Brewster Vision Plan and other CPA
relevant plans, along with community initiatives and goals such as at the Pond Parcel and/or Bay Parcel at
the former Cape Cod Sea Camps property.
1 This number differs from the Coalition Website Total due to the removal of $571,315 from FY2005 and the addition of $59,440, approved in early 2022
from the budget surplus.
Brewster Community Preservation Plan FY23-FY27 9
4. Encourage leveraging of CPA funds with other public and private funding as well as donation, bargain
sales, and the like.
5. Allocate funding for regional projects that demonstrate clear community benefit and contributions from
other communities in the region.
COMMUNITY HOUSING GOALS
1. Create community housing, including affordable housing, that will address documented local and regional
housing needs including, but not limited to, affordable year-round senior housing options, year-round
rental housing and housing assistance for low-income families and seniors, and housing for residents with
special needs, such as Veterans.
2. Support eligible housing initiatives and ongoing work of the Brewster Affordable Housing Trust to address
local housing needs.
3. Continue to support local capacity to implement housing initiatives, including through the Town’s housing
coordinator position.
4. Support the preservation of the existing stock of affordable rental and ownership housing.
5. Continue to support the Brewster Buy Down Program to assist eligible first-time homebuyers.
OPEN SPACE GOALS
1. Continue to protect drinking water quality through strategic land conservation of private properties in
Zone II Drinking Water Protection Areas including through fee simple acquisition and conservation
restrictions in partnership with local/regional land trusts, other private organizations, and other public
entities.
2. Support strategic land conservation to protect the water quality of freshwater ponds including through
fee simple acquisition and conservation restrictions in partnership with local/regional land trusts, other
private organizations, and other public entities.
3. Support open space conservation efforts to facilitate coastal management and community resilience
including to support managed retreat to address coastal erosion.
4. Fund the preservation of natural resources, especially to ensure the health and expansion of salt marshes
such as the removal of invasive species, protecting floodplains and uplands adjacent to salt marshes, and
restoring natural tidal flow.
HISTORIC PRESERVATION GOALS
1. Preserve, rehabilitate, and restore historic resources that provide a high level of community access and
benefit, such as the historic structures owned by the Brewster Historical Society and historic buildings on
town owned parcels like Cape Cod Sea Camps and Spruce Hill.
2. Support the preservation of Native American sites and artifacts through archaeological investigation.
3. Continue preservation efforts to protect historic town records.
OUTDOOR RECREATION GOALS
1. Rehabilitate existing playgrounds, parks, and other outdoor public recreation facilities to improve quality
and accessibility.
2. Create all-ages outdoor recreation facilities including those geared toward older adults, such as pickleball
courts, and accessible facilities for individuals with special needs.
3. Expand and improve bike trails and bike trail connections, including the key recreation destinations.
4. Rehabilitate hiking trails and create improved trail connections, including improved boardwalks, such as
the boardwalk to Wing Island at the Cape Cod Museum Trail.
5. Fund preservation of key private recreation sites to ensure public access and enjoyment.
Brewster Community Preservation Plan FY23-FY27 10
CHAPTER 1: OVERVIEW
INTRODUCTION
The Brewster Community Preservation Committee (CPC) created this Plan. The Plan guides the use of CPA funds
for fiscal years (FY) 2023-2027. The CPC will use this plan to help decide how to recommend spending CPA
funding. The CPC encourages future applicants seeking CPA funds to refer to this plan to guide their CPA
requests and encourages Town Meeting members to use this plan to guide decisions on allocation of funds.
This plan is created in accordance with the Community Preservation Act (CPA), Massachusetts General Laws c.
44B s.5(b)(1). The law states:
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.
CPA ELIGIBILITY
The CPA provides funding for four general project types: community housing, historic preservation, open space,
and outdoor recreation. See eligibility chart included in the appendices.
Community Housing: CPA funds can be used to acquire, create, preserve, and support community housing for
households with incomes at or below 100% of the area median income.
Historic Preservation: CPA funds can be used to acquire, preserve, rehabilitate, and restore historic resources that
are listed on the State Register or determined to be locally significant by the Historical Commission.
Open Space: CPA funds can be used to acquire, create, and preserve open space and natural resources.
Outdoor Recreation: CPA funds can be used to acquire, create, preserve, rehabilitate, or restore land for
recreational use.
BACKGROUND
CPA STATEWIDE
The Community Preservation Act (CPA) is a state law, MGL c.44B, that was enacted in 2000 by Governor Paul
Cellucci. It creates a way for communities to raise and set aside funds for community preservation projects. These
projects can include open space conservation, outdoor recreation, historic preservation, and community housing.
It is funded through a combination of a local property tax surcharge of up to 3 percent and a variable state
contribution from the Community Preservation Trust Fund. As of August 2021, 187 communities have adopted
the CPA, which represents 53 percent of the Commonwealth’s cities and towns.
CPA ON CAPE COD
Many towns on the Cape adopted the CPA in 2005 to convert the Cape Cod Open Space Land Acquisition
Program2 (Cape Cod Land Bank) to CPA as enabled through MGL c.149 of the Acts of 2004. The CPA enables
communities to collect money to fund community preservation projects. Per MGL c.149, Cape Cod towns may
2 MGL c. 293 of the Acts of 1998
Brewster Community Preservation Plan FY23-FY27 11
not amend the amount of or revoke the CPA surcharge on real property until after fiscal year 2020.3 Any debt
authorized through the Cape Cod Land Bank may be repaid with CPA funds.
CPA IN BREWSTER
Brewster adopted in 2005 - Town Meeting voted to adopt in November 2004 and it was approved through a
ballot vote in May 2005. Brewster generates CPA funds through a local property tax surcharge of 3 percent and
a variable distribution from the State Community Preservation Trust Fund. Since the start, Brewster has collected
over $19.5 million (as of January 2022).
Since Brewster adopted CPA, the town has appropriated over $17 million to community preservation projects
across the four CPA funding categories, according to the Brewster Community Preservation Committee (note, the
CPA Projects profile on the following page includes more detail about Brewster’s CPA-funded projects):
1. Community housing ($4.47M) – 26 percent of total allocations
2. Historic preservation ($2.70M) – 16 percent of total allocations
3. Open space ($8.49M) – 49 percent of total allocations
4. Outdoor recreation ($1.60M) – 9 percent of total allocations
Up to 5 percent of total CPA funds may be spent for CPC administration. In addition, the CPA statute requires a
minimum of 10 percent be spent or reserved for each of the following CPA categories:
1. Community housing
2. Historic preservation
3. Open space and Recreation
Brewster’s local bylaw, as of January 2022, requires that 50 percent of total CPA funds must be spent or
reserved for open space, 10 percent for community housing, and 10 percent for historic preservation. The
remaining 30 percent may be spent on community housing, historic preservation, or active recreation. Note that
this plan recommends amending the local bylaw to eliminate these customized minimums and adopt a more
flexible target allocation policy, as described in more detail on the following pages.
WHO DECIDES HOW THE FUNDS ARE SPENT?
Brewster established a Community Preservation Committee (CPC) as required by MGL c.44B, which is
responsible to make funding recommendations to Town Meeting. Town Meeting has the authority to approve or
deny the CPC’s recommendations. Town Meeting can also approve the CPC’s recommendation at a reduced
funding amount. Town Meeting may not approve funding without a recommendation from the CPC.
The CPC has nine members including four members at-large who are appointed by the Select Board. Per MGL
c.44B, the CPC also includes a member from each of the following five entities:
• Conservation Commission
• Historical Commission
• Housing Authority
• Planning Board
• Recreation Commission
The role of the CPC is to:
1) Study the Town’s community preservation needs, possibilities, and resources and hold a public
informational hearing regarding the study4
3 Massachusetts Department of Revenue, Cape Cod Land Bank and Community Preservation Act, Bulletin 2004-16B, October 2004.
4 The public hearing shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the city or
town.
Brewster Community Preservation Plan FY23-FY27 12
2) To make recommendations to the Town Meeting for funding projects with CPA funds
The CPC meets regularly, typically on the 2nd and 4th Wednesdays of each month at 4:00 pm virtually. These
meetings are open public meetings and members of the public are welcome and encouraged to attend. Notices of
CPC meetings and agenda (with links for virtual meetings, when needed) are posted on the Town calendar, which
can be found on Town’s website: https://www.brewster-ma.gov/.
HOW MUCH FUNDING IS AVAILABLE?
Brewster generates CPA funds through a local real property tax surcharge of 3 percent. There is also a variable
distribution from the State Community Preservation Trust Fund (Trust Fund). Since the beginning of the program,
Brewster has collected over $19 million (as of January 2022)5 – this figure includes about $12.9M raised through
the local surcharge and $6.1M through the Trust Fund distributions. In FY2021, the local property tax surcharge
generated roughly $1.07M, and the Trust Fund distribution was about $368,430 (a 35.18 percent match). In
FY22 the state match is 48.65 percent ($519,353).
5 This number differs from the Coalition Website Total due to the removal of $571,315 from FY2005 and the addition of $59,440, approved in early 2022
from the budget surplus.
$0
$1,067,428
$1,047,220
$997,502
$929,796
$894,558
$861,948
$823,010
$799,453
$759,918
$734,513
$701,099
$685,306
$664,044
$633,392
$623,561
$597,364
$571,315
$519,353
$368,430
$292,896
$220,244
$184,636
$212,708
$291,928
$301,307
$476,816
$235,599
$224,425
$223,720
$278,863
$487,457
$623,561
$597,364
$571,315
$0
$- $200,000.00 $400,000.00 $600,000.00 $800,000.00 $1,000,000.00 $1,200,000.00 $1,400,000.00 $1,600,000.00
2022
2021
2020
2019
2018
2017
2016
2015
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
Dollars
Fi
s
c
a
l
Y
e
a
r
Brewster CPA Revenue History
Source: Community Preservation Coalition Information on Individual CPA Communities
database, accessed 1/4/22.
Local Surcharge Trust Fund Distribution
Brewster Community Preservation Plan FY23-FY27 13
CPA PROJECTS
A PROFILE FOR THE BREWSTER COMMUNITY PRESERVATION PLAN
HISTORIC PRESERVATION
• Blacksmith Shop, Brewster Historical Society
• Brewster Baptist Church renovation of the Church steeple
• Brewster Historical Society purchase of the Elijah Cobb House
• Brewster Meetinghouse Preservation project
• Cape Repertory Theatre Company
• Cape Repertory Theatre Company: Historic Crosby Barn Rehabilitation
• Catalogue/preserve Town Hall records
• Council on Aging window replacement
• Crosby Mansion porch repair project
• Elijah Cobb House preservation and rehabilitation
• Glass plate negatives preservation
• Gravestone preservation at Breakwater Cemetery
• Gravestone preservation project
• Higgins Farm Windmill preservation
• Lower Road Cemetery Tombstone & Monument repair and restoration
• Spruce Hill Barn Restoration
• Stony Brook Grist Mill Works Replacement
• Stony Brook/Lower Mill Pond Dam & Fish Passage Restoration project
OVERVIEW OF CPA-FUNDED
PROJECTS
The Community Preservation Act has
funded about 70 community preservation
initiatives in Brewster in its since adoption,
with over $17M in allocations for open
space conservation, active recreation,
historic preservation, and community
housing initiatives.
These initiatives included capital
improvements, assistance programs, land
acquisition, as well as plans and studies.
About 49 percent of allocations as of
November 2021 have been for open
space projects, 26 percent for housing, 16
percent for historic, and 9 percent for
outdoor recreation.
This profile provides a list of projects
funded in each CPA category.
Community
Housing
26%
Historic
16%
Open Space
49%
Outdoor
Recreation
9%
Brewster CPA Project Allocations
FY07-FY22 (as of Nov. 2021)
Note: includes total appropriated for open projects and actual
spent for closed projects.
Brewster Community Preservation Plan FY23-FY27 14
ACTIVE RECREATION
• ADA improvements to athletic fields
• Brewster Dog Park
• Brewster Recreation Commission –
Tennis Court Project
• Department of Natural Resources –
Breakwater Beach Restoration Project
• Eddy Elementary School Accessible
Playground
• Pleasant Bay Community Boating
(Harwich)
• Recreation Department Field
Repairs/Renovations
• Stony Brook Early Childhood Playground
• Stony Brook Herring Run Bypass and
Dam
• Tennis Court repairs and resurfacing
• Warning lights at Cape Cod Rail Trail
• Open Space and Recreation Plan
COMMUNITY HOUSING
OPEN SPACE
• 106 McGuerty Road/Field-Kelley Acquisition
• Bates Land acquisition
• BBJ Cranberry Trust Land acquisition
• Boehm Conservation Area – Purchase of
Conservation Restriction
• Crystaloski Property Land acquisition
• Eldredge Property Land acquisition
• Freeman’s Way/Naumekeg Acquisition
• Jackson Land acquisition
• Jorgenson Property acquisition
• Lalor Property acquisition
• Long Pond Woodlands Land Acquisition
Project
• Matthews Property Land acquisition
• Meetinghouse Road Conservation Area
• Mill Pond Conservation Area – Purchase of
Conservation Restriction
• Open Space and Recreation Plan update
• Quivett Marsh Vista Conservation Area
• Santorello Property acquisition
• Seidel Land acquisition
• Stranahan Property Land acquisition
• Viprino Property Land acquisition
• Windrift Acres and Acquisition
• Affordable Housing Buydown program
• Brewster Affordable Housing Trust – CPA-eligible community housing activities
• Brewster Affordable Housing Trust: SHI inventory preservation
• Brewster Housing Authority Huckleberry Lane Project
• Brewster Housing Partnership Affordable Housing Buydown program
• Brewster Woods Development
• Cape Cod Village, Inc. Orleans Project
• Community Development Partnership – Cape Housing Institute
• Community Engagement Consultant
• FORWARD: Friends or Relatives with Autism and Related Disabilities (Located in Dennis)
• Habitat for Humanity Land Acquisition
• Habitat for Humanity of Cape Cod – Paul Hush Way affordable homeownership development
• Harwich Ecumenical Council for the Homeless: Homeowners’ Emergency Loan Program
• Millstone Land Acquisition
• Nickerson Park Condo Purchase
• Nickerson Park Condominium – Lower Cape Community Development Corporation
• Part-Time Housing Coordinator
• Preservation of Affordable Housing
• SHI Home Appraisal
• Slough Road Homes – Habitat for Humanity
Brewster Community Preservation Plan FY23-FY27 15
Brewster Community Preservation Plan FY23-FY27 16
REVIEW OF LOCAL AND REGIONAL PLANS
The Town of Brewster contracted with JM Goldson LLC to assist with the preparation of an updated Community
Preservation Plan in August 2021. JM Goldson worked with the CPC members and studied existing plans,
including the 2017 Housing Production Plan; the 2020 Brewster Vision Plan; 2014 Open Space and Recreation
Plan; 2020 Draft Open Space and Recreation Plan; 2007 Brewster Reconnaissance Report; and the 2009 Water
Quality Status Report, to identify Brewster’s community preservation needs and resources.
COMMUNITY ENGAGEMENT
Soliciting community input was an important component of this planning process. The CPC sponsored focus
groups and interviews with a variety of community members, as well as an interactive online forum as part of its
effort to understand community priorities and help shape this plan.
Stakeholder Focus Groups and Interviews
The consultants interviewed a variety of community and regional stakeholders through focus groups between
September and October 2021. They also conducted individual interviews through Zoom and telephone. These
interviews helped the CPC further refine its understanding of community preservation needs and resources. They
also helped to identify priorities and possibilities for use of CPA funds.
Community Forum
On November 20, 2021, the CPC sponsored a virtual forum held through Zoom webinar. The forum was
interactive and integrated live polling and open-ended questions using PollEverywhere software, allowing
participants to share their thoughts and opinions alongside the presentation. Approximately 40 people
participated in this online forum.
Detailed summaries of the focus groups and interviews as well as the community forum are included in the
appendices.
APPLICATION AND FUNDING PROCESS
The Brewster CPC accepts applications for CPA funding on a biannual basis; proposals are due July 1st to be
considered at fall town meeting, or December 1st to be considered at spring town meeting. The CPC requires
proposals be submitted using the CPC’s application form, available online on the CPC’s webpage at
www.brewster-ma.gov or by request through the Town Clerk’s office.
The CPC considers each funding application based on the merits of the project as well as the available CPA
balance in an open public meeting. Through majority vote, the CPC determines which projects to recommend to
Town Meeting for funding. Projects not recommended by the CPC are not eligible for consideration by the Town
Meeting per statute (MGL c.44B).
Brewster Community Preservation Plan FY23-FY27 17
REVIEW OF COMMUNITY GOALS
A PROFILE FOR THE BREWSTER COMMUNITY PRESERVATION PLAN
2021 CAPE COD REGIONAL
POLICY PLAN
Natural systems goals:
Water resources:
To maintain a sustainable supply of high-quality untreated
drinking water and protect, preserve, or restore the ecological
integrity of Cape Cod’s fresh and marine surface water
resources.
Ocean Resources:
To protect, preserve, or restore the quality and natural values
and functions of ocean resources.
Wetland Resources:
To protect, preserve, or restore the quality and natural values
and functions of inland and coastal wetlands and their buffers.
Wildlife and Plant Habitat:
To protect, preserve, or restore wildlife and plant habitat to
maintain the region’s natural diversity.
Open Space:
To conserve, preserve, or enhance a network of open space
that contributes to the region’s natural and community
resources and systems.
Community Systems goals:
Cultural Heritage:
To protect and preserve the significant cultural, historic, and
archaeological values and resources of Cape Cod.
Housing:
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.
PROFILE DESCRIPTION
It is important for the Community
Preservation Plan to consider the
established goals of the Town
and region. This review of the
goals in existing planning
documents is intended to provide
a foundation to the identification
of Brewster’s community
preservation goals and priorities.
The Town of Brewster and the
larger region have several
planning documents that
establish community goals related
to the Community Preservation
Act funding categories. These
include the 2021 Cape Cod
Regional Policy Plan, the 2014
Open Space and Recreation Plan,
the 2017-2021 Brewster
Housing Production Plan, the
2018 Brewster Vision Plan, and
the 2007 Brewster
Reconnaissance Report.
This profile provides a summary
of the goals in these other plans
that are related to one or more of
the community preservation act
funding categories: community
housing historic preservation,
open space, and outdoor
recreation.
Brewster Community Preservation Plan FY23-FY27 18
1. Protect the Town’s drinking water supply to meet the needs of Brewster’s residents and visitors today
and in the future.
2. Provide open space and recreation opportunities that maintain Brewster’s rural character and small
coastal community identity and support a sustainable local economy as a center for ecotourism.
3. Preserve and enhance habitat diversity and protect marine and fresh surface water resources to
maintain their important ecological functions and values to the community.
4. Provide a variety of recreation and open space opportunities to promote healthy and active lifestyles
for Brewster residents, ensuring equitable access for all users and abilities.
5. Support coordination and communication of regional open space and recreation needs.
2017-2021 HOUSING PRODUCTION
PLAN
Priority Affordable Housing
Needs:
• Low Income Rental Housing
for Families
• Rental housing for single
people
• Subsidized rental housing for
the elderly
• Acquisition and rehabilitation
of substandard housing
Housing Goals
1. Increase the supply of year-round market-rate and
affordable rental housing for all types of households,
such as young singles and couples, families, and seniors.
2. Build support for addressing housing needs through
partnerships with conservation groups and non-profit
and for-profit developers, and increased commitment of
local funds such as Community Preservation Act
revenue.
3. Create housing that is affordable and appropriate for
very low-income seniors and people with disabilities.
4. Increase local capacity to plan, advocate for, and create
affordable housing, preserve the affordability and
condition of existing affordable units, and monitor
affordable housing restrictions.
5. Increase the variety of mixed-income housing choices in
Brewster, particularly in or near commercial areas in
order to support Brewster’s economy and to
accommodate household growth.
6. Create and provide programs to support struggling
homeowners, such as a housing rehabilitation program to
help lower-income homeowners and seniors with
extraordinary maintenance and repairs.
7. Provide at least 10 percent of Brewster’s year-round
housing units as affordable housing in order to meet local
and regional needs.
2020 DRAFT OPEN SPACE AND RECREATION PLAN
Brewster Community Preservation Plan FY23-FY27 19
2018 BREWSTER VISION PLAN
Community Character Goal
Sustain and foster Brewster’s historic setting,
rural nature, small-town feel, and socially
inclusive spirit.
• Provide social opportunities and services for all.
• Maintain the Town’s historic heritage and style.
• Maintain the Town’s small-town feel and scale
through appropriate development.
2007 BREWSTER
RECONNAISSANCE
REPORT
Preservation Planning Recommendations
1. Inventory heritage landscapes through the Massachusetts Historical
Commission inventory, as well as National Register Listings when
appropriate.
2. Create a Preservation Plan to ensure the continued protection of historical
resources.
3. Preserve burial grounds and cemeteries by undertaking restoration and
wayfinding projects, as well as establishing community support for such
projects.
4. Preserve village and rural neighborhood character through demolition
delay bylaws, recognizing local historic districts, and downzoning, among
other techniques.
5. Preserve agricultural landscapes by adopting a right-to-farm bylaw and
continue preserving farmland through conservation and agricultural
reservation restrictions, where applicable.
6. Preserve scenic roads through establishing a Scenic Roads bylaw, as well as
a scenic overlay district.
7. Raise awareness about Town’s history and ensure funding for preservation
projects.
Water Resources Goal
Protect Brewster’s freshwater system to preserve high
quality drinking water and maintain or improve the
health of our ponds and marine watersheds.
• Protect town wellfields by expanding open space
acquisition and other measures.
• Improve pond water quality through public education,
regulation, and mitigation activities.
• Protect the water quality of the town’s marine
watersheds.
Open Space Goal
Maintain and expand open space assets to
provide public recreation, protect fragile natural
habitat, and protect water resources.
• Improve public access to and expand the use of
recreational areas.
• Prioritize environmentally sensitive areas for
preservation.
• Maintain open space through density and
development standards.
Housing Goal
Provide more affordable, safe, and accessible rental
and ownership housing options at different price
points, particularly for single people, young families,
and our older population. Achieve the state’s 10%
affordable goal by 2025.
• Promote housing choices to allow families to live, work,
and prosper.
• Provide opportunities to address the varied housing
needs of Brewster’s aging population.
• Address the housing needs to the Town’s year-round
and seasonal workforce.
Coastal Management Goal
In the context of coastal change, preserve and protect Brewster’s coastal resources and expand public access.
• Protect coastal resources in ways that preserve coastal ecosystems and habitats and the character of the town and
coastal neighborhoods.
• Maintain and expand public access for all through public consensus and explore alternate modes of transport and
access points.
• Adapt to climate change projections and advance adaptation and resiliency techniques that are financially and
environmentally sustainable.
Brewster Community Preservation Plan FY23-FY27 20
CHAPTER 2: OVERALL POLICIES AND GOALS
The CPC developed the following target allocation policy and overall CPA goals through careful consideration of
community feedback and broad community goals as established from guiding local policy documents including the
Vision Plan. The policy and goals are designed to guide the CPC’s deliberation of project requests for CPA funds
in all four CPA funding categories and will be used to establish funding preferences. The policy and goals are not
binding; The CPC will ultimately base its recommendations on individual project merits, using the target allocation
policy and overall goals as a guide.
FIVE-YEAR TARGET ALLOCATION POLICY
When Brewster adopted the CPA in 2005, it did so with a customized bylaw increasing the minimum allocation
amounts for each funding area to reflect community intentions and priorities when Brewster converted from the
Cape Cod Open Space Land Acquisition Program6 (Cape Cod Land Bank) to CPA as enabled through MGL c.149
of the Acts of 2004. Per MGL c.149, Cape Cod towns may not amend the amount of or revoke the CPA
surcharge on real property until after fiscal year 2020.7
PREVIOUS MINIMUM ALLOCATIONS
Previously, CPA funds were allocated on the basis of the following amounts: a 50 percent allocation for open
space and passive recreation projects; a 10 percent allocation for community housing; a 10 percent allocation for
historic preservation; and a 30 percent allocation towards community housing, historic preservation, or recreation
projects, but not open space. Of the 30 percent allocation, the CPC has been using up to 5 percent annually for
administative costs, as allowed through the statute.
RECOMMENDED MODIFIED ALLOCATIONS
As part of this planning effort the CPC has reconsidered the minimum local bylaw allocation requirements and
plans to recommend to the Select Board that Town Meeting amends the bylaw to be effective as of July 2023
(FY2024) There is an increasing community awareness of a variety of significant priorities for the Brewster
community, especially for affordable and community housing as well as other CPA-eligible initiatives as at the
Cape Cod Sea Camps properties (i.e., the Pond Parcel and the Bay Parcel) and capital needs for historic public
buildings such as the Brewster Ladies’ Library. In addition, the CPC recognizes that there is a significant continued
need for open space and natural resource conservation, especially considering the growing impacts from climate
change on this coastal community and the continued efforts to protect the drinking water supply and water
quality of Brewster’s ponds.
For these reasons, the CPC recommends bylaw amendments to remove the customized allocation requirement
and to defer to the statutory minimums of 10 percent for each of three categories: community housing, open
space and recreation, and historic preservation. In addition, through this plan, the CPC establishes a five-year
Target Allocation Policy which will guide funding allocations to address the top community priorities of
community housing and open space. This approach will increase the Town’s flexibility and enhance its ability to
utilize CPA funds to address a wider spectrum of community priorities, while continuing to allocate significant
levels of funding for open space and natural resource conservation.
6 MGL c. 293 of the Acts of 1998
7 Massachusetts Department of Revenue, Cape Cod Land Bank and Community Preservation Act, Bulletin 2004-16B, October 2004.
Brewster Community Preservation Plan FY23-FY27 21
CPC Target Allocation Policy for FY24-FY27
Through this plan, the CPC establishes target allocation policies to guide its recommendations for appropriations
of CPA funds over the four-year period, FY24 through FY27. The policies are intended to support community
priorities for use of CPA funds.
Minimum Spending/Reserves
The CPC intends to continue to recommend three reserves of 10 percent total annual revenue, which comply
with the statutory minimums for community housing, historic preservation, and open space and recreation. To the
extent possible, the CPC also intends to recommend allocations of the CPA funds for eligible projects and
initiatives and administrative funds in roughly the proportions shown below as an average target over five-years:
• 30 percent for Community Housing
• 30 percent for Open Space
• 10 percent for Historic Preservation
• 10 percent for Outdoor Recreation
The remaining 20 percent of funds will remain as undesignated and can be used to fund projects in any of the
CPA categories. Any undesignated funds (meaning funds that are not included in the minimum 10 percent
reserves) that are not appropriated each year will roll over and remain undesignated.
Note: The annual Open Space bond payments for FY24-27 as committed at the time of this writing will be
deducted from the Open Space Fund balance carried over at the end of FY23. The FY24-27 targets will be
calculated based on estimated revenues. This means that the FY24-27 targets for all categories including Open
Space will be for new project allocations.
Administrative Funds
The CPC requires professional staff support to ensure proper record keeping, grant management, and clerical
support in addition to other administrative needs such as funding the Community Preservation Coalition
membership dues and legal and advertising costs. Therefore, the CPC intends to budget 5 percent of total annual
CPA revenue for administrative funds, as the CPA statute allows. The annual 5 percent administration expense
will be deducted from the annual revenue total prior to the calculation of the targets. If the full 5 percent is not
needed in any given year, the balance may be allocated to fund projects in any of the CPA categories.
OVERALL CPA GOALS
These overall goals are intended to help the CPC make hard decisions with the expectation that the CPA will not
provide enough funding to fully fund all CPA funding requests. The CPC will refer to these overall goals during
deliberations when considering the merits of funding requests and comparing eligible projects given limited
funding.
1. Prioritize allocation of CPA funding to create and support community housing and preserve open
space/natural resources, including multi-purpose projects that address both housing and open space
needs.
2. Secondarily, support eligible outdoor recreation and historic preservation projects.
3. Support eligible projects that demonstrate compatibility with the Community Vision and other relevant
community initiatives and goals such as at the Pond Parcel and/or Bay Parcel at the former Cape Cod Sea
Camps property.
4. Encourage leveraging of CPA funds with other public and private funding as well as donation, bargain
sales, and the like.
5. Allocate funding for regional projects that demonstrate clear community benefit and contributions from
other communities in the region.
Brewster Community Preservation Plan FY23-FY27 22
CHAPTER 3: COMMUNITY HOUSING
Habitat for Humanity House on Paul Hush Way
NEEDS
Housing supply in Brewster is significantly impacted bythe large number of part-time residents and vacation
rentals. Although Brewster is bolstered by the seasonal economy, this factor and the investment in second home
ownership have also made affordable housing and market-rate year-round rental housing difficult to find.
The 2017 Housing Production Plan identified rental housing for low-income families, single
people, and subsidized rental housing for the elderly as the priority housing needs of the
community.
The COVID-19 pandemic has also affected the town, with some residents converting seasonal homes to year-
round residences, a rapid rise in housing prices, and overall uncertainty about future population trends and
variations in the tourism industry.
GOALS
1. Create community housing, including affordable housing, that will address documented local and
regional housing needs including, but not limited to, affordable year-round senior housing options, year-
round rental housing and housing assistance for low-income families and seniors, and housing for
residents with special needs, such as Veterans.
As is well documented through the 2017 Brewster Housing Production Plan and the 2017 Cape Cod
Housing Market Analysis, Brewster’s greatest needs are for rental housing that is affordable for low-
income families, senior housing options, and increased supply of housing in general. The CPA funds can
fund the creation of affordable and community housing for households earning up to 100 percent AMI.
Funds should be targeted to create affordable year-round rental housing options and senior housing
options. In addition, creation of housing for individuals with special needs continues to be important
within the region.
Brewster Community Preservation Plan FY23-FY27 23
In addition, the CPA funds are an important local resource to bring Brewster closer to reaching the state’s
affordable housing goals of 10 percent year-round housing stock as tracked through the Subsided
Housing Inventory (SHI). To be eligible for inclusion on the SHI, the units must be affordable to
households at or below 80 percent AMI. As of August 2021, Brewster’s SHI lists 5.6 percent of year-
round housing stock as affordable. This is still based on the 2010 U.S. Decennial Census count of year-
round housing units and is likely to change when the 2020 Census figures are released. Per 2016
amendments to the CPA statute, CPA funds that are transferred to a housing trust must be used for
statutory requirements for housing trusts.
2. Support eligible housing initiatives and ongoing work of the Brewster Affordable Housing Trust to
address local housing needs.
The purpose of Brewster Affordable Housing Trust (Trust), which was created through a Town Meeting
vote in May 2018, is to provide for the preservation and creation of affordable housing in Brewster for
the benefit of low/moderate-income households and for the funding of community housing. The Trust is
overseen by a seven-member Board of Trustees, appointed by the Select Board. The Trust regularly
requests CPA funds to support its initiatives. The CPC anticipates that the Trust will continue to request
funding as needed, based on specific CPA-eligible projects and initiatives
CPA funds, when transferred to a housing trust, must be used for CPA-eligible purposes only and must be
tracked separately from other trust funds so that the use of funds can be reported annually to the MA
Department of Revenue (per the CP-3 report).
3. Continue to support local capacity to implement housing initiatives, including through the Town’s
housing coordinator position.
The CPA funds are a critical funding source to continue supporting Brewster’s capacity to implement local
housing initiative. The CPA should continue to support the Town’s local capacity in this way, including
support for the Brewster Housing Office and the Town’s housing coordinator. The Housing Office
addresses community housing needs in Brewster and is critical to coordinating the various local initiatives
to support low/moderate income households, create affordable and community housing in the town, and
as a central point of contact for information and education about housing needs, initiatives, resources, and
assistance.
4. Support the preservation of the existing stock of affordable rental and ownership housing.
Most of Brewster’s affordable housing units are restricted as affordable in perpetuity, however some units
are not restricted in perpetuity. CPA funds can be especially critical to protecting affordable ownership
units when needed upon sale through purchase and resale (it is not uncommon for the affordability of
ownership units to be compromised upon resale or foreclosure, depending on the terms of the
affordability restrictions). In addition, preservation of the Town’s existing affordable housing stock,
especially the Housing Authority units, is also an important priority for CPA funds.
5. Continue to support the Brewster Buy Down Program to assist eligible first-time homebuyers.
The Town of Brewster, through Community Preservation Funds, provides up to $30,000 of grant
assistance for eligible buyers purchasing a home in Brewster. The program, contingent on existing funds,
is available to households qualifying at 80% AMI (Area Median Income) who agree to place a permanent
affordable housing deed restriction on the home. The grant assistance is provided as an interest free loan
which is forgivable after 30 years.
Brewster Community Preservation Plan FY23-FY27 24
ELIGIBLE ACTIVITIES
Chapter 44B of the Massachusetts General Laws (CPA Statute) defines “community housing” as “low- and
moderate-income housing for individuals and families, including low- or moderate-income senior housing.” Low-
income housing is affordable to households with annual incomes of less than 80% of the areawide median income
(AMI) and moderate-income housing is affordable to households earning less than 100% AMI. Furthermore, the
CPA Statute defines “senior housing” as housing for persons 60 years old or over, who also meet the
qualifications for low or moderate income.
The CPA Statute allows expenditures for the acquisition, creation, preservation, and support of community
housing and for the rehabilitation of community housing that is acquired or created through CPA. Preservation,
which is a permitted activity for community housing, is defined as the “protection of personal or real property
from injury, harm or destruction, but not including maintenance.”
Rehabilitation, which is only permitted for housing created using CPA funds, is defined as “the remodeling,
reconstruction and making of extraordinary repairs, to...community housing for the purpose of making
such...community housing functional for their intended use, including, but not limited to, improvements to comply
with the Americans with Disabilities Act and other federal, state or local building or access codes.”
The CPA Statute defines the term “support” as programs that provide grants, loans, rental assistance, security
deposits, interest-rate write downs or other forms of assistance directly to individuals and families who are
eligible for community housing . . .” The CPA Statute also allows CPA funds to be appropriated to a Municipal
Affordable Housing Trust (MGL c.44 s.55C). Any CPA funds allocated to a Housing Trust must be used for CPA-
eligible purposes, as clarified through the 2016 amendments.
Brewster Community Preservation Plan FY23-FY27 25
COMMUNITY HOUSING NEEDS &
RESOURCES
A PROFILE FOR THE BREWSTER COMMUNITY PRESERVATION PLAN
POPULATION & HOUSEHOLDS
• Brewster’s 2020 year-round population was 10,318, reversing a
recent downward trend and returning to the level seen around
the year 2000.
• The town’s year-round population is forecast to decline at a
gradual rate, with an estimated 7,888 people by 2035.
• The town’s seasonal population increases dramatically, with
approximately 30,000 visitors per year, increasing competition
for housing between year-round residents, part-time residents,
seasonal workers, and vacationers.
• The population of Brewster is aging. In 2000, 26 percent of
residents were over 65, increasing 32 percent by 2019. The
median age increased from 47 years old in 2000 to an
estimated 54 years old in 2019.
• Of the 4,198 households, about 21 percent have children under
18 years old and 49 percent have one or more household
members over 65 years old.
• Racial make-up is predominantly White, with 94.7 percent of
the population. 2.2 percent of residents are Hispanic, with the
remaining 3.1 percent made up of Black or African-American,
Asian, and mixed race residents.
• Brewster’s median household income per 2019 estimates was
$75,321 - an increase from the 2010 median household income
of $68,439 (in 2019 dollars).
• An estimated 38 percent of Brewster households have low
incomes – incomes at or below 80 percent AMI.
• The median sale price of a single-family house in 2020 was
$519,500, increasing to an average of $612,850 in Jan-Jul 2021.
• 85 percent of Brewster year-round households own their homes,
28 percent of which are housing–burdened (spending over 30
percent of their income on housing), while 50 percent of
Brewster’s 635 year-round rental households are housing-
burdened.
• The median rent in Brewster is $1,097 per month, but this
relatively low number is artificially depressed due to the high
percentage of year-round rentals which are subsidized as well as
disparities in rent throughout the year due to tourism.
A SUMMARY OF KEY NEEDS
Although Brewster is bolstered by
the seasonal economy, this factor,
along with the investment in
second-home ownership, has also
made affordable and market-rate
year-round housing difficult to find.
The 2017 Housing Production Plan
identified rental housing for low-
income families, single people, and
subsidized rental housing for the
elderly as the priority housing needs
of the community.
The COVID-19 pandemic has also
affected the town, with some
residents converting seasonal
homes to year-round residences, a
rapid rise in housing prices, and
overall uncertainty on future
population trends and variations in
the tourism industry. HOUSHOLD INCOME & HOUSING COST
Brewster Community Preservation Plan FY23-FY27 26
• Brewster has an estimated 4,198 year-round occupied housing units – 85 percent are owner occupied
and 15 percent renter occupied. Census estimates suggest that Brewster lost 122 rental units since
2010, a decline of 16 percent.
• There are an estimated 3,763 seasonal housing units in Brewster, comprising 47 percent of the town’s
total housing units.
• The Town’s housing stock remains primarily single-family at about 90 percent of total housing units, the
balance being condominiums, duplexes, and multi-family units.
• Brewster’s housing stock is significantly newer than in other communities, with 58 percent built after
1980, reflecting the rapid population and housing growth between 1970 and 2000.
HOUSING AFFORDABILITY
• 5.6 percent (268 units) of Brewster’s total housing stock is counted as affordable on the State’s
Subsidized Housing Inventory (SHI), which is below the State’s minimum affordability goal of 10 percent.
• of the affordable ownership units were built through Comprehensive Permits under MGL C. 40B.
• The largest rental development is King’s Landing on Underpass Road with 108 subsidized units at 80
percent AMI. It was purchased and renovated in 2013 by POAH, a national affordable housing
development nonprofit, to ensure the affordable housing set to expire in 2017 would continue, with a
current expiry date of 2033.
• The Fredrick Court and Wells Court developments are state and federally funded, respectively, and
together provide 46 subsidized units for seniors.
• Habitat for Humanity developed 14 permanently affordable ownership units at Tubman Road, Hush
Way, and Red Top Road.
• The Brewster Housing Authority owns twelve duplexes with a total of 24 units of subsidized family
rental housing on Huckleberry Lane.
• 2006-2017 Comprehensive Housing Affordability
Strategy (U.S. Department of Housing and Urban
Development)
• 2019 American Community Survey 5-Year Estimates,
2010 Census, 2000 Census (U.S. Census Bureau)
• 2017 Housing Production Plan (Town of Brewster)
• Aug. 2021 Subsidized Housing Inventory
(Massachusetts Department of Housing and
Community Development)
• Brewster, MA Town Stats (The Warren Group)
• King’s Landing Apartments - Preservation of Affordable
Housing
(www.poah.org/property/massachusetts/kings-landing-
apartments)
• Senior Housing - Town of Brewster (brewster-
ma.gov/senior-housing)
• Huckleberry Land Project – Community Preservation
Coalition
(www.communitypreservation.org/community-housing-
16-brewster-housing-authority-huckleberry-land-
project)
HOUSING SUPPLY
SOURCES
ABBREVIATIONS
• ACS – American Community Survey
• AMI – Area Median Income
• CHAS – Comprehensive Housing Affordability Strategy
• HPP – Housing Production Plan
• TWG – The Warren Group
Brewster Community Preservation Plan FY23-FY27 27
Brewster Community Preservation Plan FY23-FY27 28
CHAPTER 4: OPEN SPACE
Windrift Acres
NEEDS
Brewster has protected nearly 30% of its total land area, much of which contains environmentally important
landscapes and wildlife.
Brewster’s water resources must continue to be protected, especially as climate change
continues to have an impact on coastal communities like Brewster.
It is key for the Town to maintain protections for coastal regions and those areas prone to flooding, as well as
invest further into open space and passive recreation spaces with a limited environmental impact.
GOALS
1 Continue to protect drinking water quality through strategic land conservation of private properties in Zone
II Drinking Water Protection Areas including through fee simple acquisition and conservation restrictions in
partnership with local/regional land trusts, other private organizations, and other public entities.
Maintaining Brewster’s high quality of drinking water continues to be critically important locally as well as
regionally. The 2021 Cape Cod Regional Policy Plan’s goal for water resources is, in part, to maintain a
sustainable supply of high-quality untreated drinking water. Per the Brewster 2020 Draft Open Space and
Recreation Plan, the top goal is still to protect the Town’s drinking water supply with three objectives: 1)
Acquire open space for the purpose of protecting existing and future wellhead sites; 2) Protect existing
public supply wells from land-based sources of contamination; and 3) Coordinate wastewater management
planning efforts with protecting drinking water resources.
The CPA funds will continue to be instrumental for water resource protection, particularly to acquire open
space land and conservation restrictions in Zone II Drinking Water Protection Areas.
Brewster Community Preservation Plan FY23-FY27 29
2 Support the strategic land conservation to protect the water quality of freshwater ponds including through
fee simple acquisition and conservation restrictions in partnership with local/regional land trusts, other
private organizations, and other public entities.
Brewster contains 80 freshwater ponds, encompassing over 10% of the town’s total surface area. A vast
majority of Brewster's ponds suffer some level of impairment including lack of clarity (high chlorophyll,)
nutrient loading (high phosphorus) and low dissolved oxygen, which limits survival in the aquatic habitat.
These ponds are important natural features and habitats and provide recreational opportunities for residents
and visitors.
To support a goal of the 2020 Draft Open Space and Recreation Plan, land conservation to protect
Brewster’s ponds is important to maintain their important ecological functions and values to the community.
CPA funds will be a critical source of funding for these initiatives.
3 Support open space conservation efforts to facilitate coastal management and community resilience
including to support managed retreat to address coastal erosion.
As a coastal community, Brewster is facing substantial impacts from climate change including sea level rise,
flooding, and erosion. The Town is experiencing erosion rates of up to 2 feet/year (and 15 feet with storm
surge) and there is little or no buffer between infrastructure, including parking areas and stormwater
infrastructure, and the beach. As the region expects more severe storms with increasing frequency, these
impacts will become more extreme. The environmental damage and property damage will continue to
present high and increasing costs. The Town has diligently assessed vulnerability and risk and created a
Coastal Adaptation Plan. CPA funds can support open space conservation efforts that enhance Brewster’s
resilience including managed retreat as well as other eligible initiatives, as identified by the Brewster
Department of Natural Resources.8
4 Fund the preservation of natural resources, especially to ensure the health and expansion of salt marshes
such as the removal of invasive species, protecting floodplains and uplands adjacent to salt marshes, and
restoring natural tidal flow.
Brewster contains diverse natural habitats which support plants and wildlife including invertebrates, reptiles,
amphibians, birds, and mammals, several species being listed as rare and/or endangered. Brewster has two
areas designated as Areas of Critical Environmental Concern (ACEC): Pleasant Bay and Inner Cape Cod Bay.
Additionally, BioMap2 identifies over 5,500 acres of Core Habitat and close to 9,000 acres of Critical Natural
Landscape. These important habitats include salt marshes, which are coastal wetlands that form transition
zones between land and sea. Salt marshes act as natural purifiers by filtering pollutants and sediment and by
absorbing excess nutrients from streams, rivers, and surface runoff. Salt marshes are valuable for climate
change mitigation because they sequester atmospheric carbon and convert it to salt marsh vegetation
(referred to as “blue carbon”).9
Invasive species are introduced organisms (plant, animal, invertebrate) that are not native to a specific area
and cause harm to that environment. Typically, a species that arrived after European settlement is thought to
be non-native. Invasive species have substantial negative impacts to their introduced environment. This is
8 Source: Using Managed Retreat to Address Coastal Erosion in Brewster, a presentation by Chris Miller, Director of the Brewster Department of Natural
Resources: http://www.waquoitbayreserve.org/wp-content/uploads/D2_07_Miller-Coastal-Retreat-in-Brewster.pdf
9 Source: Association to Preserve Cape Cod/Salt Marsh Restoration: https://apcc.org/our-work/science/salt-marsh-restoration/
Brewster Community Preservation Plan FY23-FY27 30
because the species did not evolve with the local ecosystem and may not have any natural predators or
contribute to native wildlife in any way.10
When tidal flow to salt marshes is restricted, these once-saline environments change to a brackish or
freshwater condition in which native salt marsh vegetation suffers. Typically, these brackish marshes become
colonized by the invasive common reed (Phragmites australis) which forms dense stands 12 feet or higher.
As invasive species take over, a major shift in wildlife occurs, and formerly diverse communities of salt marsh
inhabitants are replaced by fewer species.11
CPA funds will be an important source for protecting salt marshes including the removal of invasive species
and protecting floodplains and uplands adjacent to salt marshes and restoring natural tidal flow.
ELIGIBLE ACTIVITIES
The CPA defines the term “open space” as including, but not limited to, land deemed necessary to protect existing
and future well fields, aquifers and recharge areas, watershed land, agricultural land, lake and pond frontage,
beaches, and scenic vistas. The CPA statute allows the use of CPA funds for the acquisition, creation, and
preservation of open space. Additionally, the CPA statute allows for the rehabilitation/restoration of open space
that was acquired or created with CPA funds. Per MGL c.44B s.5(f), CPA funds may not be used to acquire real
property, or property interest, for a price exceeding the value of the property (as determined by methods
customarily accepted by the appraisal profession).
In accordance with the CPA statute (MGL c.44B s.12(a) and (b)), an acquisition of real property is required to be
owned by the municipality and to be bound by a permanent restriction. Any open space acquisitions by the Town
using CPA funds will require execution of a permanent restriction that runs to the benefit of a nonprofit
organization, charitable corporation, or foundation and that is in accordance with the requirements of MGL c.184.
In addition, CPA funds may be appropriated to pay a nonprofit organization to hold, monitor, and enforce the
deed restriction on the property (sometimes called a “stewardship fee”).
10 Source: Brewster Conservation Trust/Invasive Species, Native Pollinators, and the BCT: https://brewsterconservationtrust.org/invasive-species-native-
pollinators-and-the-bct/
11 Source: Association to Preserve Cape Cod/Salt Marsh Restoration
Brewster Community Preservation Plan FY23-FY27 31
PERMANENTLY PROTECTED
OPEN SPACE
• MGL c. 61, 61A, and 61B allow an agricultural, forest, or recreational property to be temporarily protected
in exchange for a tax reduction. The town additionally is granted the right to purchase the property if the
classification is removed.
• There are thirteen private parcels listed in the Chapter 61, 61A, or 61B programs, totaling about 165 acres.
• Scenic Resources in Brewster tend to take the form of heritage landscapes, which include cemeteries, parks,
estates, and scenic roads.
• Examples include Dillingham cemetery, Stony Brook Grist Mill, and Crosby Mansion (today a part of
Nickerson State Park). the Punkhorn Parklands, Sheep Pond Woodlands, Mother’s Bog, and Baker’s Pond, to
name a few.
OPEN SPACE NEEDS & RESOURCES
A PROFILE FOR THE BREWSTER COMMUNITY PRESERVATION PLAN
• Brewster contains over 2,200 acres of protected land, or
28.9% of its total land area.
• The Brewster Conversation Commission manages 822
acres of conservation land, while the Town of Brewster
additionally manages about 1,000 acres of other
municipally owned conservation lands.
• Nonprofit land trusts and organizations such as the Orenda
Wildlife Land Trust, the Brewster Conservation Trust, and
the Cape Cod Museum of Natural History manage smaller
acreages.
• The Commonwealth’s first state park, Roland C. Nickerson
State Park, spans 1,960 acres and is managed by the
Department of Conservation and Recreation. The state also
owns three parcels: Thad Ellis Road, off Gull’s Way on
Sheep’s Pond, and off Satucket Road.
• The Brewster Water Department owns an additional
approximate eight acres of land.
SUMMARY OF KEY NEEDS
Brewster has protected nearly 30%
of its total land area, much of which
contains environmentally important
landscapes and wildlife. Brewster’s
water resources – including vernal
pools, freshwater ponds, and coastal
areas – must continue to be
protected, especially as climate
change continues to have an impact
on coastal communities like
Brewster.
It is key for the Town to maintain
protections for coastal regions and
those areas prone to flooding, as
well as invest further into open
space and passive recreation spaces
with a limited environmental impact.
SCENIC RESOURCES
CHAPTER 61 - TEMPORARY PROTECTION
Brewster Community Preservation Plan FY23-FY27 32
WATER RESOURCES
• Brewster Open Space and
Recreation Plan, 2014 (OSRP
2014)
• Brewster Open Space and
Recreation Plan Draft, 2020
(OSRP 2020)
• Brewster’s 2018 Vision Plan
• Brewster BioMap2, 2012
(BioMap2)
• Brewster Ponds Coalition:
https://www.brewsterponds.org/b
eneath-the-surface.html
SOURCES
• Brewster is located within the Cape Cod Watershed, the
Pleasant Bay Watershed, and contains six additional
embayment watersheds located within the town,
including Cape Cod Bay, Herring River, Namskaket Creek,
Pleasant Bay, Quivett Creek, Stony Brook, and a portion
of the Bass River Watershed.
• Importantly, Brewster contains 80 freshwater ponds,
encompassing over 10% of the town’s total surface area.
• A vast majority of Brewster's ponds suffer some level of
impairment including lack of clarity (high chlorophyll,)
nutrient loading (high phosphorus) and low dissolved
oxygen, which limits survival in the aquatic habitat.
(Brewster Ponds Coalition)
• Furthermore, 20% of Brewster’s total land area is
comprised of wetlands, which include saltwater wetlands
(salt marshes and tidal flats) as well as freshwater
wetlands (swamps, bogs, and vernal pools).
• Brewster’s drinking water comes from the Cape Cod
Aquifer through public wells and originates in the
Monomoy Lens. The aquifer itself is at risk of
contamination due to the absence of hydrogeologic
barriers which can prevent contaminants from entering
the water.
• Brewster has enacted wellhead protections, as well as a
Groundwater Protection District designation. However,
note that Zone I and II only protect the aquifer within the
areas that recharge wells.
AREAS OF CRITICAL
ENVIRONMENTAL
CONCERN (ACECS)
• Areas of Critical Environmental
Concern (ACEC) are spaces that
receive recognition for the quality
and significance of their natural
and cultural resources. ACEC
designation can allow for the
creation of a framework of
management and preservation of
critical resources and ecosystems
by local and regional entities.
• ACECs in Brewster include
Pleasant Bay ACEC and the Inner
Cape Cod Bay ACEC.
• The Pleasant Bay ACEC, about 1%
of which is located within
Brewster, contains salt marshes,
tidal flats, ponds, bays, and barrier
beaches, all of which provide
flood control and storm damage
prevention and mitigation.
• The Inner Cape Cod Bay ACEC
stretches across Eastham, Orleans,
and Brewster, with only 15% of
the area being within Brewster
(East Brewster). It contains wildlife
habitats, shellfish beds, and tidal
rivers.
FISHERIES & WILDLIFE
• Brewster contains diverse natural habitats which support
plants and wildlife including invertebrates, reptiles,
amphibians, birds, and mammals, several species being
listed as rare and/or endangered.
• The Brewster BioMap2 outlines two primary habitat
types in Brewster: the wetlands core and the aquatic
core. Both areas contain numerous Species of
Conservation Concern, meaning that both the natural life
and area itself are monitored. Other habitat types include
vernal pool core.
• Additionally, parts of Brewster’s coastal areas are
designated as Priority and Exemplary Natural
Communities, indicating areas which have limited
distribution of natural plant and animal communities.
(BioMap2)
• The town also contains approximately 38 vernal pools,
which are seasonal bodies of water integral to the life
cycle of a variety of species, including amphibians,
crustaceans, and turtles.
Brewster Community Preservation Plan FY23-FY27 33
Brewster Community Preservation Plan FY23-FY27 34
Brewster Community Preservation Plan FY23-FY27 35
Brewster Community Preservation Plan FY23-FY27 36
CHAPTER 5: HISTORIC PRESERVATION
NEEDS
Brewster has a diverse set of historical resources, from mansions and town buildings to cemeteries and churches.
These resources are well inventoried, and some are protected in as part of the Old King’s Highway Local Historic
District. Others have limited protection and incentives for rehabilitation through listing on the National Register of
Historic Places.
Key public resources need preservation as well as opportunities to protect historic resources
at the Cape Cod Sea Camp’s Bay Parcel and other publicly accessible properties.
Furthermore, the town contains some Native American archaeological sites which require further investigation
and research.
GOALS
1. Preserve, rehabilitate, and restore historic resources that provide a high level of community access and
benefit, such as the historic structures owned by the Brewster Historical Society and historic buildings
on town owned parcels like Cape Cod Sea Camps and Spruce Hill.
CPA funds are an important source of funding for historic preservation initiatives, for both public and
private resources, however given limited funding, the CPC prioritizes the allocation of CPA funds to
projects that will provide a high level of public access and benefit. Examples include historic public
Crosby Barn
Brewster Community Preservation Plan FY23-FY27 37
building as well as other historic properties that are open to the public or provide other tangible and direct
public benefits.
CPA funds can provide support for the preservation (protecting resources from harm), rehabilitation
(making resources functional for their intended use, including improvements to comply with the
Americans with Disabilities Act (ADA) and other building or access codes), and restoration (depicting the
form, features, and character of a property as it appeared at a particular period).
2. Support the preservation of Native American sites and artifacts through archaeological investigation.
The area was initially settled by the Sauguatuckett, Nauset, and Nobscussett tribes, who lived around the
north shore of the town and developed fields at Stony Brook. Native American archaeological sites have
been identified along water bodies in Brewster, as well as evidence of a pre-colonial well. However,
further investigation and archaeological work is necessary to determine if more resources exist.
3. Continue preservation efforts to protect historic town records.
Brewster’s historic town records and other historic documents are under the care of multiple entities. The
Town Clerk is responsible for historic town records that are stored at Town Hall; the Brewster Historical
Society stores records at the Cobb House Museum, and the Brewster Ladies Library has a collection of
oral histories. The Cape Cod Museum of Natural History also has a collection of local archaeological
artifacts.
Preservation of historic town records is a common preservation project in many CPA communities. Town
records are not included on the State Register of Historic Places and, therefore, need to be determined by
the Brewster historic preservation commission to be significant in the history, archeology, architecture, or
culture of a city or town.
ELIGIBLE ACTIVITIES
The CPA Act, as amended July 2012, defines a historic resource as “a building, structure, vessel, real property,
document, or artifact that is listed on the State Register of Historic Places or has been determined by the local
historic preservation commission to be significant in the history, archeology, architecture, or culture of a city or
town.” CPA funds can be used for the “acquisition, preservation, rehabilitation, and restoration of historic
resources.”
In addition, CPA funds may be appropriated to pay a nonprofit organization to hold, monitor, and/or enforce a
deed restriction as described in Section 12 of the CPA Act (amended Summer 2012). Furthermore, within the
definition of “rehabilitation,” CPA is allowed to fund improvements to make historic resources functional for their
intended use, including improvements to comply with the Americans with Disabilities Act (ADA) and other
building or access codes.
All rehabilitation work, with respect to historic resources, is required to comply with the Standards for
Rehabilitation stated in the US Secretary of the Interior’s Standards for the Treatment of Historic Properties
(codified in 36 C.F.R. Part 68).
Brewster Community Preservation Plan FY23-FY27 38
NATIVE AMERICAN RESOURCES
PRIORITY LANDSCAPES
LOCAL HISTORIC
DISTRICTS
NATIONAL REGISTER RESOURCES
• National Register districts are established by the Secretary
of the Interior, and provide recognition of the importance
of a place, while allowing limited protection from federal or
state funded projects.
• There are two National Register districts in Brewster: The
Old King’s Highway and the Stony Brook/Factory Village
districts (MACRIS)
• Within these two districts, there are 266 properties listed
as National Resources (MACRIS)
• Additionally, five resources are individually listed on the
National Register: three are related to the Nickerson
Mansion; others include Dillingham House and the Old
Higgins Farm Windmill (MACRIS)
• Local historic districts (LHD) are
created through local bylaws
and are regulatory. An LHD
regulates changes made to
exterior architectural features of
structures located along the
district (Landscape Inv)
• Brewster contains one Local
Historic District, the Old King’s
Highway Historic District, which
was adopted in 1973 (Landscape
Inv)
• The Old King’s Highway Historic
District contains eighteen
resources, ranging from
agricultural sites and burial
grounds to civic centers and
open space areas (Landscape
Inv)
A SUMMARY OF KEY NEEDS
Brewster has a diverse set of
historical resources, from mansions
and town buildings to cemeteries
and churches. These resources are
well inventoried, and some are
protected in as part of the Old
King’s Highway Local Historic
District. Others have limited
protection and incentives for
rehabilitation through listing on the
National Register of Historic Places.
Key public resources are in need of
preservation as well as opportunities
to protect historic resources at the
Cape Cod Sea Camp’s Bay Parcel
and other publicly-accessible
properties.
Furthermore, the town contains
some Native American
archaeological sites which require
further investigation and research.
• The Massachusetts Heritage Landscape Inventory
identified nine priority heritage landscapes, including, but
not limited to: Cape Cod Sea Camps, Old King’s Highway,
and Stonybrook Valley.
• A priority heritage landscape is a place that is defined by
human interaction and is integral to the community both
past and present. Each of these landscapes tell a story of
Brewster’s past: the Cape Cod Sea Camps, established in
the early 20th century, is both a natural and historical
resource for the generations of children who attended
summer camp here.
HISTORIC PRESERVATION NEEDS &
RESOURCES
A PROFILE FOR THE BREWSTER COMMUNITY PRESERVATION PLAN
• The area was initially settled by the Sauguatuckett, Nauset,
and Nobscussett tribes, who lived around the north shore
of the town and developed fields at Stony Brook.
• During the Contact Period (1500-1620), Native Americans
sold agricultural products to settlers.
• Native American archaeological sites have been identified
along water bodies in Brewster, as well as evidence of a
pre-colonial well. However, further investigation and
archaeological work is necessary to determine if more
resources exist.
Brewster Community Preservation Plan FY23-FY27 39
17TH CENTURY
19TH CENTURY
18TH CENTURY
• By the 18th century, Brewster’s economy began to expand
from primarily agriculture to include mills and whaling.
Later in the century, the salt manufacturing trade began to
develop.
• Many town institutions such as the first churches and
meetinghouse were developed during this period.
• 18th century resources on MACRIS include the Old Higgins
Farm Windmill (1750) and Captain Elijah Cobb House
(1799). The latter property remains standing and is
currently home to the Brewster Historical Society Museum.
ARTIFACTS AND DOCUMENTS
• Some of Brewster’s historical documents and records are preserved by the Brewster Historical Society,
which stores these resources at the Cobb House Museum. These include the Donald Doane collection of
over400 turn-of-the-century photographic glass plate negatives.
• The Town Clerk is responsible for historic town records stored at Town Hall, including handwritten
material from the town clerk and tax assessors dating back to 1803.
• Additionally, the Historical Commission maintains an inventory of important historical resources, which
are listed on the town website.
• The Brewster Ladies Library houses a collection of oral histories from long time Brewster residents as
part of its historic resources.
• The Cape Cod Museum of Natural History has a collection of local artifacts, including Native American.
• Native American Sauguatucketts
occupied the land around the north
shore with planting fields
concentrated at Stony Brook.
• The first European settlement was
established in1650 in
Sauguatuckett territory. Early
settlers called themselves the
“Setucket Proprietors” and met to
lay out roads and settle property
disputes.
• By the end of the 17th century, the
area’s major roadways had been
established, connecting the
settlement to nearby towns.
• The first Gristmill was built at Stony
Brook in 1662.
• MACRIS lists three resources from
this time, which include the
Dillingham House (c. 1659) and
Eldridge House (c. 1690).
• In 1694, a township named
Harwich was established. The
North Parish of Harwich included
the Stony Brook Valley and
shoreline along Cape Cod Bay.
• One such resource, the Linger
Longer By The Sea Cottage, is still
standing and operates as a vacation
rental.
• The North Parish of Harwich was officially incorporated as
the Town of Brewster in 1803. Many of the town’s
residents made their living from the sea as shipmasters or
crew members. The town’s saltworks provided significant
economic value until the decline of the local salt industry in
the mid- 1800s.
• MACRIS lists 203 resources from this time, including two
grist mills, four churches, and over 150 houses.
• Structures from the first half of the century had diverse
uses, such as Harwich First Parish Church Archway and
Water Pump, while the latter half of the century saw the
construction of homes as well as the Old Town Hall and
the Ladies’ Library.
Brewster Community Preservation Plan FY23-FY27 40
SOURCES
20TH CENTURY
• Massachusetts Cultural Resource Information System, mhc-macris.net (MACRIS)
• MHC Reconnaissance Survey Town Report: Brewster, 1984 (Reconnaissance Survey)
• Heritage Landscape Inventory Report : Brewster, MA, 2007 (Landscape Inv)
• Brewster Historical Society (BHS)
• Brewster Historical Commission (BHC)
• Massachusetts Historical Commission There’s A Difference Report,
https://www.sec.state.ma.us/mhc/mhcpdf/difference.pdf (TAD Report)
• Cape Cod Museum of Natural History - contact Kate Roderick kroderick@ccmnh.org
• Brewster Archaeological Resources Map
• The early 20th century saw a sharp decline in Brewster’s population. By World War I, the town saw an
increase in the construction of summer homes and private estates. This trend continued through the
rest of the century, with an increase in seasonal homes coinciding with a decrease in year-round
population.
• MACRIS lists 231 resources from this century, notably Nickerson Mansion and Park (1908). The earliest
structures include churches and cottages dating to 1900, which are still standing.
• Much of Brewster’s historical resources from this century were constructed between 1930 and 1970,
some of which – like the Crosby House and Nickerson Mansion – have already been preserved and
turned into a museum and state park, respectively.
Brewster Community Preservation Plan FY23-FY27 41
Brewster Community Preservation Plan FY23-FY27 42
CHAPTER 6: OUTDOOR RECREATION
Stony Brook Field
NEEDS
Many of Brewster’s 30,000 seasonal visitors are drawn to the recreation activities in the area, including fishing,
boating, swimming, biking and golfing. The town serves residents with a wide variety of sports fields and venues
as well as classes, activities, and local recreational clubs and camps. Since most of the land in Brewster is privately
owned, preservation of private recreational parcels is important, such as privately owned campgrounds, riding
paths, golf courses, and youth camps.
The Brewster Vision Plan highlights the need for more walking trails and bike paths and
residents consider the development of new seasonal and year-round active recreation
activities for all ages to be very important, with an emphasis on accessible recreation options.
GOALS
1. Rehabilitate existing playgrounds, parks, and other outdoor public recreation facilities to improve quality
and accessibility.
As amended in 2012, the CPA statute allows CPA funds to be used for rehabilitation of existing outdoor
recreational resources including playgrounds, parks, golf courses, and other facilities. For recreation
projects, rehabilitation also includes replacement of playground equipment and other capital
improvements to make the land more functional for the intended recreation use. This includes
improvements to comply with the Americans with Disabilities Act and other codes.
One of the key goals stated in the Town’s 2020 Draft Open Space and Recreation Plan (OSRP) is to
provide a variety of recreation and open space opportunities to promote healthy and active lifestyle for
Brewster residents, ensuring equitable access for all users and abilities. CPA funding can help promote this
important goal for existing outdoor recreation facilities.
Brewster Community Preservation Plan FY23-FY27 43
2. Create all-ages outdoor recreation facilities including those geared toward older adults, such as
pickleball courts, and accessible facilities for individuals with special needs.
As stated above, a key goal of the Town’s 2020 Draft OSRP is to promote healthy and active lifestyles
and equitable access for all users and abilities. As the local and regional population ages, it is important to
provide outdoor recreation facilities for all ages. CPA funds can create new outdoor recreation facilities as
well as rehabilitate existing facilities to promote accessibility and options geared toward older adults.
3. Expand and improve bike trails and bike trail connections, including the key recreation destinations.
The 22-mile Cape Cod Rail Trail (CCRT) passes through Brewster for approximately six miles on its way
from Dennis to Wellfleet. It is the only designated bike path in the town and is heavily used. Biking is
popular and could provide additional recreational benefits with connections to key destinations. The CPC
would consider recommending CPA funds to creating additional bike paths to promote outdoor
recreation.
4. Rehabilitate hiking trails and create improved trail connections, such as the boardwalk to Wing Island.12
Many of the Town’s Conservation Areas as well as other open space properties have hiking/nature trails,
which provide passive recreation opportunities for residents and visitors. CPA funds can be an important
source of funding, paired with other state funds such as the MassTrails Grant Program, to create and
improve trail connections. Some specific project possibilities could include the boardwalk to Wing Island
from Drummer Boy Park, which has been raised at the last two public hearings.
5. Fund preservation of key private recreation sites to ensure public access and enjoyment.
There are several private non-profit camps and sporting clubs in Brewster that provide important
recreational facilities for kids and adults. Funding for outdoor recreation facilities that are privately-owned
could be eligible for funding with the provision of a clear a direct public benefit, such as public access.
12 Note that the MassTrails Grant Program awarded the Town of Brewster $50,000 in 2021 to fund design, public outreach, and permitting for the Wing
Island boardwalk project. The boardwalk would provide accessibility to the 27-acre Wing’s Island, interconnect existing public trail segments, and provide a
fully ADA compliant pathway to complement recent work at neighboring Drummer Boy Park. The project will receive $46,013.64 in matching funds from
the Town of Brewster.
Brewster Community Preservation Plan FY23-FY27 44
ELIGIBLE ACTIVITIES
The CPA defines recreational use as including, but not limited to, the use of land for community gardens, and
noncommercial youth and adult sports, and the use of land as a park, playground, or athletic field. The definition
goes on to prohibit “. . . horse or dog racing or the use of land for a stadium, gymnasium, or similar structure.”
Per the July 2012 amendments, the CPA statute allows use of CPA funds for the acquisition, creation,
preservation, rehabilitation, and restoration of land for recreational use. Note that the 2012 amendments allow
“rehabilitation” where previously it only allowed for recreational land created through the CPA. This amendment
would allow existing parks and playgrounds to be rehabilitated with upgraded and new facilities and amenities.
Maintenance costs are not eligible for CPA funds. In addition, acquisition of artificial turf for athletic fields is
expressly prohibited in Section 5(b)(2).
Brewster Community Preservation Plan FY23-FY27 45
RECREATION NEEDS & RESOURCES
A PROFILE FOR THE BREWSTER COMMUNITY PRESERVATION PLAN
PONDS & BEACHES
• Brewster contains about 80 ponds, making up over
10 percent of the town’s surface area. The ponds
are used for recreational fishing (14 ponds are
regularly stocked with fish), boating, sunbathing,
swimming, ice fishing and ice skating. MA fishing
licenses are required on all ponds. Most ponds lack
official public landings, but five ponds have formal
public beaches and landings:
o Long Pond – Boat ramp and beach (with
lifeguard from July 4 – Labor Day)
o Slough Pond – Car-top boat launch and
beach
o Upper Mill Pond – Accessible viewing
platform and boat ramp
o Sheep Pond – Accessible viewing platform,
boat ramp and beach
o Schoolhouse Pond – Accessible fishing dock
and car-top boat launch, winter ice skating
o Walkers Pond – Town public boat ramp
• Brewster has ten saltwater beaches along Cape
Cod Bay, each of which is accessible from a street
connecting to Route 6A. The beaches are popular
for swimming, sunbathing, beach strolling, fishing,
and boating access. The beaches from west to east
are:
o Wings Island Beach
o Paine’s Creek Beach
o Mant’s Landing Beach
o Saint’s Landing Beach
o Breakwater Landing
o Breakwater Beach
o Point of Rocks Landing Beach
o Ellis Landing Beach
o Spruce Hill Beach
o Linnell Landing Beach
o Crosby Landing Beach
SUMMARY OF KEY NEEDS
• Many of Brewster’s 30,000 seasonal
visitors are drawn to the recreation
activities in the area, including fishing,
boating, and swimming. The town also
serves residents with a wide variety of
sports fields and venues as well as
classes, activities, and local sporting and
recreational clubs and camps.
• Since most of the land in Brewster is
privately owned, preservation of private
parcels with recreational space is very
important, such as Brewster’s privately
owned campgrounds, riding paths, golf
courses, and youth camps.
• The Brewster Vision Plan highlights the
need for more walking trails, bike paths,
sidewalks, and a dog park. In a recent
survey, only half of respondents said
they lived within ¼ mile of a recreation
or open space resource.
• In the same survey, 40 percent of
respondents considered the
development of new seasonal and year-
round active recreation activities for all
ages to be very important, with an
emphasis on accessible recreation
options.
• Note that this profile provides a sample
of recreation activities and spaces in
Brewster. Conservation areas provide
space for residents to enjoy the
outdoors, meaning that there is
considerable overlap between open
space and recreation resources.
NATURE TRAILS, PONDS, AND OPEN SPACE
• The 22-mile Cape Cod Rail Trail (CCRT) passes through Brewster for approximately six miles on its way
from Dennis to Wellfleet. It is the only designated bike path in the town, and is heavily used by cyclists,
roller skaters, roller bladers, skate boarders, cross country skiiers, walkers, and occasionally equestrians.
• The Cape Cod Museum of Natural History additionally contains a trail access point to Wing’s Island,
where visitors can enter near the museum, cross a salt marsh, access Wing’s Island, and end at a barrier
beach.
Brewster Community Preservation Plan FY23-FY27 46
RECREATION
DEPARTMENT
• Nickerson State Park, owned and managed by the Massachusetts Department of Conservation and
Recreation, is in the eastern sector of Brewster and covers over 1,960 acres. Popular recreational
activities in the park include camping, hiking, cycling, freshwater and saltwater swimming, fishing, and
boating. Camping is particularly popular in the park, with over 400 camp sites available. The Park also
contains the Stephen L. French Youth Forestry Camp, which hosts the Homeward Bound Wilderness
Program for court-acquainted adolescents.
• Drummer Boy Park is a 17-acre park with lawns used for active recreation as well as a recently
updated children’s playground. The Park also contains historical properties. The town is undertaking a
master planning process for the park, including access to Wing Island.
• Public baseball, soccer, and softball fields are available at Eddy and Stony Brook Elementary Schools,
behind the Senior Center, in front of the Town Hall, and off Freeman’s way.
• The 22-mile Cape Cod Rail Trail (CCRT) passes through Brewster for approximately six miles on its
way from Dennis to Wellfleet. It is the only designated bike path in the town, and is heavily used by
cyclists, roller skaters, roller bladers, skate boarders, cross country skiiers, walkers, and occasionally
equestrians.
• The Brewster Recreation Department employs 2
full-time staff members and 30-40 seasonal
employees and offers a variety of recreation
programs and activities for all ages.
• Activities offered include senior fitness, tennis,
basketball, softball, lacrosse, track & field, ultimate
frisbee, family fishing, tee ball, pickleball, basketball,
summer rec programs, yoga classes on the beach,
archery, kayak rentals, sailing, mad science classes,
dance instruction, flag football, and field hockey.
• The Department also facilitates community events
including the ice rink, Brewster in Bloom 5k run,
summer kick-off party, movie night by the Bay,
parents’ night out, hotshot basketball shootout, and
senior games.
• The Department owns two facilities in the town, the
Community Tennis Courts at Underpass Road and
26 acres of athletic fields at Recreation Drive and
operates the Finch Skate Park Orleans in
partnership with the towns of Orleans and Eastham.
• In addition to its own facilities, Recreation
Department events and activities are held at
numerous other beach and pond properties, public
fields, and at several schools including Stony Brook
Elementary School, Nauset Regional High School
and Middle School, and Eddy Elementary School.
RECREATION ON CONSERVATION
LAND
The Senior Center serves as a
recreational resource for seniors,
with social events and activities
including computer classes,
gardening sessions, and a recently
installed Bocce court.
SENIOR CENTER
• Town of Brewster Open Space and Recreation Plan (August 2021 Draft Version)
• Brewster Recreation Department (https://www.brewsterrecreation.com)
• Massachusetts Paddler (https://www.massachusettspaddler.com)
SOURCES
There are several private non-profit
camps and sporting clubs in
Brewster that provide important
recreational facilities for kids and
adults including:
• Camp Mitton - Crossroads
• Camp Favorite - Girl Scouts
• Cape Cod Museum of Natural
History
• Brewster Sportsman's Club
• Dream Day Cape Cod
• Brewster Community Garden –
operated by the Brewster
Conservation Trust
• Sweetwater Forest Campground
• Shady Knoll Campground
• Emerald Hollow Farm
• Cape Cod Sea Camps – Closed in
November 2020. Town completed
purchase of both Bay and Pond
parcels in 2021.
PRIVATE
ORGANIZATIONS
Brewster Community Preservation Plan FY23-FY27 47
Brewster Community Preservation Plan FY23-FY27 48
APPENDICES
1. Focus Group Summaries
2. Community Forum Summary
Brewster Community Preservation Plan FY23-FY27 49
FOCUS GROUP SUMMARIES
Prepared by JM Goldson LLC 10/21/2021
SUMMARY
From September 29 through October 20, 2021, JM Goldson conducted five focus groups with Brewster
stakeholders on the following topics, corresponding to the four categories of the Community Preservation
Act, as well as a fifth general focus group on the CPA overall:
1. Open Space
2. Recreation
3. Historic Preservation
4. Community Housing
5. General
Each focus group invited seven people, each one with a particular involvement or investment in the issue
at hand. One member of our team facilitated each meeting, with a second member adding notes to a
board viewable by all participants. Each focus group had at least one map to reference as well.
Participants began the discussions by going over some of their ideas in response to these questions. The
notes from each focus group are displayed in the subsequent pages with a transcription of each “sticky
note” below.
KEY FINDINGS
• There is an urgent need for protecting oceanfront land and property as Brewster faces climate
change related sea level rise.
• Almost all groups recognized that the percentage of funds allocated historically for recreation
were too low compared to the need for funding for recreation projects.
• There is a widespread recognition that Brewster is in dire need of expanding affordable housing
types, especially for seniors and people with disabled people.
• Participants additionally recognized the past successes the CPA has afforded historic preservation
in the town.
• The need for a community center was emphasized by all as a necessary and valuable asset to the
town.
• All groups agreed that the Sea Camps property posed an exciting opportunity spanning all CPA
categories, and could fulfill housing, recreation, historic preservation, and community development
needs.
RECREATION
The Recreation focus group took place at 11:00 am on Thursday, October 7. Participants in the focus
group provided a thorough overview of past recreation projects which have utilized CPA funds and
offered some potential future projects. Participants emphasized the quality of current resources such as
the Captains Golf Course, the Cape Cod Rail Trail (which passes through Brewster), and the town's parks
and playgrounds. Concerns were raised about funding more youth programming in the town, as well as
necessary improvements to the Stony Brook trail. Participants also expressed a strong desire and need for
an all-ages community center that is accessible by car and bicycle. Finally, the topic of multimodal
Brewster Community Preservation Plan FY23-FY27 50
transportation was raised, and questions about whether the CPA could assist in improving the
interconnectedness of Brewster's facilities were debated.
Opportunities or Strengths to Leverage Challenges or Issues to Recognize/Overcome
Rec Dept: Freeman's way complex: baseball field, little
league fields, lax field, tennis courts at stony brook
the Eddy School - Stony Brook path is not safe, would
like to see improvements.
Sea Camps will take time but it is an exciting time to be
in Brewster
right now is a good time to increase recreation's
allocation: sea camps will take a while and rec dept will
be needing help for its projects
want/need to upgrade this facility - opportunity to
continue junior/kids programs landscaping outfield areas - already talking to DPW
share maintenance w/ DPW but they do not have
those fields. Do not control Drummer Boy Park - select
board
Stairs going up to the restrooms need improvement.
Playground needs help but that might be a later project
Sea Camps can be a huge opportunity for recreation in
the town
People who come to the games and park at the school
have to walk through that path and it is not safe
Bring in college interns who are unpaid to work with
White Caps: good resource for rec dept too 7% is
youth clinics with 350+ kids attend - big attraction and
important for the area
ensuring that bikers and walkers can get around town
safely is important
Stony Brook Park saw improvements: ADA compliant
updates: CPC funds used for these
narrowness of roads is a challenge for bikers in
Brewster
golf course is a big asset to the town indoor pool
in the past, rec dept has used CPC for creating fields
and facilities and then maintaining them
make going to the course a whole experience: golfing,
restaurant, making an atmosphere from the space
reconstruction of infields; buying sailboats and swim
docks (more down the pipeline); ADA project on
Freeman's Way: paved pathways in between little
league fields; handicapped parking. Hoping to do this
at all of the town hall fields, Babe Ruth Fields.
Happening in multiple phases.
trying to share gyms in the wintertime is difficult -
fighting over gym space. Could be really advantageous
to everybody.
White Caps: collegiate baseball league team, part of
CCBL
equipment to enhance junior programs, maintain kids
attention: contests, challenges. Keep kids practicing
and entertained
Brewster Community Preservation Plan FY23-FY27 51
Sea Camps is a good opportunity for recreation
Pickleball Courts - need more in Brewster. Need to
facilitate this: courts at Sea Camps? Other
opportunities?
Sea camps acquisition will be a huge opportunity for
the town
Getting to the Eddy School means taking a dangerous,
unlit path that needs improvement
New souvenir shed, replacing scoreboard
Improving interconnectedness of green spaces for
multimodal transport - some routes are accessible,
some are not
Sailing and swim program may be expanding, moving
to Long Pond parcel: needing more equipment, boats,
etc.
Rec Dept would like to prioritize a community center:
one missing piece in recreation. More gym/indoor
space. Currently using Eddy school for
classroom/storage
working with DCR on water fountains along rail
currently
beautification: expanding of the course, more flower
beds/plantings, make it overall a more beautiful place
to golf
Deferred a lot of capital projects based off of financial
viability - a lot of projects coming down the pipeline
Getting kids involved in golf is hard, maybe b/c of
perception; baseball or lax is more popular
multiple venues for recreation: golf course, drummer
boy park, tennis courts - a lot of recreation in town
hopefully Sea Camps will provide more such
opportunity
paving this path, lighting Stony Brook is off of the CC
Rail Trail
Getting to Drummer Boy Park from center of town:
how does one get there safely without a car?
Eddy School to Stony Brook: improved path between
the two. Currently, a gravelly steep path that is not
accessible or lit
going downtown from rail trail can be difficult -
wayfinding signs can help with this
Second building was gifted to the town. Building is
now in disrepair - needs a lot of work, landscaping
A lot of these projects are maintaining the properties
that they have; funding needs are not consistent.
indoor building to teach lessons - also provides space
for video lessons
being able to use the rail trail is a great way to reduce
car dependency in town
wayfinding signs along Rail Trail. Trail is owned and
managed by DCR but towns can contribute to them.
covered bike storage/racks: allow for long-term bike
storage
relating to buildings, maintenance equipment, etc. As
for CPC funding: trying to grow golf in the town,
driving range w/ 45 spaces
Drummer Boy Park master plan: likely reaching out to
CPC - new playground going on wetlands, aging
equipment
how can money be spent to improve
interconnectedness of town facilities over all?
mapping out how different recreation centers connect
to each other: how does one bike from one location to
another?
Brewster Community Preservation Plan FY23-FY27 52
HOUSING
The Community Housing focus group took place at 3:00 pm on Wednesday, September 29. The
participants of this focus group focused on the urgent need to expand housing in Brewster while
discussing the issues that affordable housing faces in the town. Participants expressed some of the
struggles they have faced in advocating for affordable housing, sharing that there is a perception that
housing takes up a lot of resources from other CPA categories, and that NIMBY-ism is a persistent issue in
housing development. At the same time, however, participants noted that the different housing agencies
and authorities working in Brewster have very strong lines of communication with each other, fueling a
sense of ownership over housing issues. They also noted that the Community Preservation Committee
has been supportive of the work being done to expand housing and sees itself as part of the solution. The
focus group ended on a hopeful note, committing to a conversation on regional housing opportunities
spanning neighboring towns, and seemed excited about the prospect of greater collaboration with
Brewster's neighbors.
Opportunities or Strengths to Leverage Challenges or Issues to Recognize/Overcome
COVID has helped frame housing as a public health
issue
from perspective of CDP - regional benefit, questions
of community
regional housing supply strategy instead of town-by-
town
towns should be talking to each other about the
projects they're doing
one day: a regional CPA and each town allocates
some portion of their funds to this
more unrestricted funding to support households at
different income levels
having clear strategies for the region and then using
resources accordingly
focus on what needs to happens vs what can reliably
pass
maybe having a regional model or context could
make the process of housing production easier/ more
straightforward
having some kind of regional communication would
be beneficial
Sea Camps is a huge opportunity
need to have some criteria (for regional
collaboration/communication)
Brewster Community Preservation Plan FY23-FY27 53
if 50% open space isn't working for Brewster, that
should change
anecdotes of people leaving Brewster for
neighboring town's b/c they could no longer afford
Brewster
CPC definitely feels like they are part of the housing
solution in Brewster - very aware of how the money
is being used
don't want to send residents to a bunch of other
places for help when there could be an easier place
for all social services
housing trust formed in 2018, requests funds by
project
being too prescriptive in our formula will restrict
ability to fund projects as they come up
more opportunity for land for housing if there's one
community center for a few towns
potential for people to perceive that housing is taking
up a lot of town resources
community center - Eastham, Orleans are looking
into this. Brewster has a huge property that would be
perfect for a community center cost feels prohibitive
Brewster is really good at working with its
stakeholders, having open communication - easy to
trust town's decisions
historically, not a lot of CPC funds spent for housing.
only in the last few years has spending increased
more people recognize the need, esp given tight
housing market
open space proponents have political clout within the
town
huge opportunity for regional conversation/funding
People finding it difficult to find homes; some are
finding it difficult to downsize homes
Brewster AHT and coordinator have an open line of
communication with CPC NIMBY-ism
go towards state formula for allocation - flexibility,
most likely to pass future holds historic and
recreational needs as well
want to stay away from open space vs housing
dichotomy
communication within town is key
Brewster Stonybrook (?) had a lot of residents from
Lower Cape/Yarmouth area
Going to state's 10% requirement allows for more
flexibility need for housing is a Cape-wide issue
Brewster already doing a good job allocating rental
tax revenue
important to recognize placement of housing - water
treatment? transportation?
opportunities with Sea Camps property
having two funding rounds is
financially/administratively difficult
Brewster highly values open space - no one is going
to decide that open space won't be an important
issue for the town
concern about housing overload - how much change
is the town going to undergo? - questions that there
is enough/too much affordable housing
Brewster's CPC has been very supportive of housing
program
requests for funding from private/non-town entities -
town may not be anticipating these kinds of requests
great understanding of need for housing - desire to
implement on the part of the town
Trust needs money for its upcoming projects and
staff, specifically CPC funds
town wanting to take action creates momentum -
coalition building
difficulty in working regionally is communicating
clearly with other towns
AARPA funding opportunity - chatham stony as
example of criteria
growing town support for more housing
how much a community buys into a project is how
much they get out of it
supportive of one funding round per year, with an
emergency component
ensure that CPC fund split is done right the first time
correct placement of where housing goes so it
matches the character of the town
Brewster's success in housing so far has been
because it was a localized process
housing partnership reviews permits, assists CPC
CPC used to have their own housing committee; now
housing partnership reviews applications
Brewster Community Preservation Plan FY23-FY27 54
all of the different housing/cpc related organizations
keep each other informed - mutual ownership
Town and CPC share costs for certain things such as
housing coordinator position
Cape Cod Commission for planning across the Cape
build strong, local programs and find regional support
would be a good path forward
appreciates CDP for helping Lower Cape
communities look at regional context
HISTORIC PRESERVATION
The Historic Preservation focus group took place at 10:00 am on Thursday, September 30. Participants
discussed the large number of historic resources which have received CPA funding in the past for
preservation needs. Participants additionally discussed the opportunity for preservation provided by the
Sea Camps purchase, and highlights that the town is very supportive of having something positive
developed on that site. The main concerns expressed by the participants centered around funding, and
the overall financial challenges presented by historic preservation. Overall, though, the group agreed that
the town and CPC have been supportive of historic preservation projects, and note that Brewster as a
community sees historic preservation as vital to the character of the town.
Opportunities or Strengths to Leverage Challenges or Issues to Recognize/Overcome
culture of preservation and acquisition - a lot of
positive attitudes toward historic preservation
Sea Camps is a site of long history of sea camps on
Cape Cod
Recent purchase of Sea Camps property -
opportunity for CPC funds to be called on
anticipating challenges in terms of funding/ process
at all
Brewster Community Preservation Plan FY23-FY27 55
Biggest strength is Brewster's community- from
individuals, businesses, other granting agencies
space constraints, parking: Cobb House has 25
parking spots, about 20 people limit inside building
Sea Camps is predominantly going to be recreational
but there is an historical building on the property as
well
nonprofits have fewer resources to go after brick and
mortar preservation
Brewster's history defines the character of the town -
it's vital to the town
Would like to see CPC leverage support for brick and
mortar preservation through a history day/
fundraising events
maybe a community center, preserving beach access
- important that all town members can access this
property
keeping community's attention/momentum for
preservation
Lot of town support to see something positive
developed there - really hope funding is a challenge
thinking about when private ownership will step
forward to ask for help from CPC
as buildings develop historic significance and age,
need to recognize need for preservation
Existing historic sites and buildings are another
strength
only two state-level resources - bigger challenge
since 1990s has been funding for preservation of
structures
Elijah Cobb House purchased and restored large part
b/c of CPC funds
However, timeline for receiving that grant is very
slow and project costs continue to increase
original mansion on Sea Camps property - hopes that
it would be preserved
Sea Camps had 5 maintenance people full time -
$200k for just this may not be sufficient
town has been very supportive in funding Rep
theatre was acquired by eminent domain
Sea Camps perhaps as competitor or priority for
funding
Brewster Historical Society's acquisition of a private
property, widespread support
Structures on Sea Camps property need to be
examined and potentially preserved
Ladies' Library rich in history, building has been well
preserved Had a building committee, not any more
Brewster Historic Weekend to highlight resources
and history
Need a committee to oversee all Brewster historical
buildings, assess where funding is needed
Cape Cod Rep Theatre might be eligible for National
Register designation need more coordination between groups
through support of Brewster's community, have been
able to expand and renovate property
bring together all the diverse organizations and
commissions in town
CPC has indicated that this project would be eligible
for funding
have received a $4.6 mil grant from Mass Library
Comm.
could be a fundraising opportunity
Sea Camps is a huge, exciting opportunity
Library has worked with Historical Society for
programming - that is a strength
Brewster Community Preservation Plan FY23-FY27 56
OPEN SPACE
The Open Space focus group took place at 3:00 pm on Thursday, September 30. Participants in this group
largely focused on open space preservation and acquisition as a highly time-sensitive, urgent undertaking.
Participants underlined the urgency of preservation as climate change's effects are becoming more and
more pronounced in coastal communities like Brewster. The group was supportive of the CPA and
acknowledged that the different conservation and preservation organizations in town have made use of
CPC funds. The priority of this group was open space preservation and conservation over the other
categories due to the pressing issues presented by climate change and sea level rise in Brewster.
Opportunities or Strengths to Leverage Challenges or Issues to Recognize/Overcome
We continue to install septic systems and we need to
continue to maintain compensatory open space to
mitigate these affects
Funding rounds down to one? For land acquisition
projects is a quick turn around on the sale - it's.
usually some tax purpose implications for the
seller; If stipulation that have one time except for
emergency cases - if flexibility for that scenario then
may
Brewster lucky we have avoided sewer; Harwich
facing $1B to install sewer; We've aggressively
purchased open space to maintain water quality and
we are lucky not to face the same expenses that
have really been born out by our steady
conservation.
BCT has helped the town and this is wonderful; Last
4 projects that town received $ for BCT contributed
a large amount; Last time BCT applied for CPA funds
was 2016 b/c we don't want to compete with the
town.
The town has been fortunate in the past to have
protected land in crucial areas to protect crucial
resources that's why we have superior drinking
water; that's why we haven't needed sewer.
If have option for land acquisition to come to either
town meeting then fine.
Always had efforts to protect land (land bank, land
acquisition committee); when CPA came we thought
it was appropriate to have membership on the CPC;
The compromise with to get the 50% of funds at
minimum; changing that minimum was not what the
deal was when we joined CPC.
By having follow town meeting along with other
appropriations is normal. It does cost the town
$5,000 or more just to hold an election.
Voices should be advocating for affordable housing
but don't think accurate to say open space should
step aside
We've been fortunate in receiving assistance outside
of CPA funds - state grants; another major source is
the Brewster Conservation Trust toward purchase of
open space; Level of funding is not something that
can continue at the same level that it has in recent
years.
Brewster Community Preservation Plan FY23-FY27 57
climate is coming first
Funding rounds: Can buy argument for planning
purposes but can't buy the argument that difficult for
accounting.
National Golf course or Sire Property
We are the most ponded town on the cape and
getting more and more bacteria blooms which is
hazardous for dogs, wildlife at a minimum
Sea Camps - important factor - CPC funds/open
space commitment - all the people that work with us
will have a stake in this.
Need to protect water resources including ponds
from effects of development
Our work is not done. We've protected virgin land
and zone 2.
We are not like other towns where land acquisition is
slower - we are in a race.
Want to keep the CPA allocation the same at the
very least. Still need the minimum of 50%; We gave
up funding when originally occurred.
We should evaluate sites together when looking for
housing sites - there are so many pre-existing sites
that could be redeveloped for affordable housing;
Shouldn't use forested land to create affordable
housing - water quality, global warming, wildlife
protection; this pits us against each
What we've been able to accomplish has been
amazing and every single land that gets developed
impacts our environment.
What % does housing get in terms of community
support on vision plans? Housing should find or
leverage at least equal funds as open space but
haven't seen that happening. Leveraging the funds
coming out of CPC could have great benefit.
Coastal management issues - Retreat plans - buy
house (Califorinia) rent out a couple years and get
money back before knock it down; Anything in
Coastal Development Zone has to be on stilts
The Town's vision plan - open space is important to
the residents and one of key things people look at
when they decide to move to Brewster - it's the
appeal factor that Brewster has.
Ponds - more ponds in our town than any other town
on Cape; Not been as fortunate with water quality in
ponds. Effects of overuse and development;
excessive nutrients from wastewater, etc.; Seeing
increase amount of bacteria blooms; monitoring
ponds - this is toxic to humans and animals - seeing
increasing number of blooms - some related to
climate with increasing temperatures; but more so
related to fertilizers and wastewater; not going to
solve through sewering; Not through regulations;
Main tools is to continue to purchase lands around
ponds and pond watersheds. this was one of our
visioning priorities.
Important to know support affordable housing;
would like to evaluate the sites that affordable
housing is going into - too often it's woodlands and
seems incongruous with priority to develop on pre-
existing developed properties and brownfields
From aesthetic and economic point of view houses in
communities that have maintained open space, dirt
roads - those property values have retained higher
economic value
Need additional funding assistance for open space
acquisitions or suffer consequences
The fact only spent 48% is because we go with
parcels in Zone 2 and water oriented also look at
passive recreation opportunities; we think of all the
possibilities that could happen in a different
circumstance.
The second thing - Brewster had about 1/3rd of land
for development - 1/3 already developed - we were
in a race for that. Somewhere around 2006-7 we
crossed a line - law suits from Clean Water
Foundation were going to impact the town mightily.
We were saving the state from sewerage costs. The
open space committee uses CPC funds to double and
triple our amounts. We are opportunistic - we have
to wait until land on market and then have to
compete and only tools had is that perhaps they may
get a tax abatement or do good for the environment;
The amount of $ we get dwarfs any other input.
Otherwise we have biggest bang for the dollars. It's
not about finding an alternate funding source. CPC is
really the small funding source that we enlarge
mightily then look at what we are saving the town.
Brewster Community Preservation Plan FY23-FY27 58
The money we are saving the town could go for
housing but the town needs to take it upon
theirselves.
We will have to do more investments around our
coastal areas both to protect our existing coastal
access and to address climate change and climate
adaptation; protecting and restoring salt marshes as
sea level rises - this will require a lot of planning and
financial investments;
Coming from pandemic and people took to open
space and trails to find their refuge and this will
continue . So to provide this is important.
If poll Brewster citizens about open space - they
would not agree that open space needs are passed -
open space is still a priority and still important top
priority
Perception in town is that a lot of our areas are saved
as open space or protected but are privately owned
without protections; this rural character is at risk -
nothing there to protect this; To protect the rural
seaside historic town it's important to make those
investments as well to make sure we continue to
enjoy that type of character; that will require
protecting the open space we have around town that
provides those character.
Working to map priorities for housing and natural
resource protection so not stepping on each others
toes
Land bank was coming to conclusion and CPA
coming into affect - we were looking for
continuation of open space funding - what we had
with Land Bank; as compromise - we cut our funding
in half - we were aware that the funding from state
would fall after a few years - we felt the 50% match
was something we could work with and perhaps
reinstate the land bank down the road - that was
reason for compromise. Idea that underlies this - in
vision statements for the town, and do a survey, the
number 1 issue is open space.
Want to continue to have strong % of CPA funds
allocated for Open Space; The initial 50% was a
compromise to what we were seeing in the Land
Bank.
Perception that it is us vs. them but this is not the
case; When BCT evaluate parcels for conservation
value we look at if there is a housing potential on this
property. Strategic in their thinking.
Reduce funding round to 1 town meeting: Never
know when willing buyer and willing seller will align
so important that we have the flexibility to go to
either town meeting; 10% open space - if we allocate
$ somewhere else because we don't have a project in
a particular round. Something to consider would be
30% open space and 30% housing
Past 6 months lost out to potential properties b/c
couldn't find the funding; we are in competition with
other people
Vision survey and recreation plan; well demonstrated
that open space is still an important priority; people
appreciate open space and hopes town maintains
rural character
Global warming is an issue today; Orleans is hotter
than Brewster because we have more trees and this
is important to consider when doing massive forest
removals for affordable and conventional financed
housing
Rural character of the town - we've been able to
protect a lot of it; and wildlife habitat - more
developed and fragmented the more it gets degraded
Need open space for septic system offsets for will be
forced by state to create sewer
Brewster Conservation trust mission says it all; these
are important and why CPA funds continue to be
important to be available for open space
Our work is not done. Our battle is not done. Still a
lot to do. Looking at why open space is important.
Big key words: Climate Change and need to think
about this and role that open space can play in
climate change protection
Our battle not done yet - plenty of challenges still to
continue to protect. Our drinking water is high
quality now but with exposure to PFAS chemicals
Brewster Community Preservation Plan FY23-FY27 59
and all public water supply needs to be tested; once
identified then adjust ingredients to come up with
new version of it. Will keep seeing this challenge.
Need to be ever vigilant from this and other
contaminants Need to find additional financial
resources to protect land on our water supply that's
not yet protected.
Brewster Community Preservation Plan FY23-FY27 60
GENERAL
A Focus Group on the Community Preservation Act overall was conducted on Wednesday October 20 at
2:30 pm. This group shared their thoughts on the current CPA bylaws, potential projects, and their
perspectives on funding priorities. A common theme shared by participants in this group was the urgent
need for affordable, accessible, senior housing. Participants emphasized that there should be an equal
distribution of priorities, and that projects should be viewed through the lenses of climate change,
diversity and equity, and accessibility. This group also made the crucial point that projects should be
vetted, especially for permitting issues, before going in front of the town in order to reduce lag time
between fund distribution and project approval, and its completion. overall, this group placed a higher
priority on housing and equity in projects.
Opportunities or Strengths to Leverage Challenges or Issues to Recognize/Overcome
participatory funding/budgeting: community gets a
voice in how funds can be spent Shouldn't let town hall dictate priorities
Latham Center
would like to see CPC funds used for piloting staff
support, not supporting a staff member operationally
full time
if this Eddy School proposal happens, then ripple
effect to other town properties
situations where staffing a position like housing
coordinator should be the towns role not CPC
CPC represents community, not town hall or select
board. Should be careful that select board and
planning does not influence projects brought to CPC
a lot of small parcels - why did people buy such a
small piece of land? Larger parcels are more relevant
for recreation and preservation
should be looking at every project through climate
change, accessibility, equity
Seniors who cannot hold onto their housing get on a
waitlist, 5 yrs in Brewster. Difficult b/c demand is so
high
walking mats down to the beach have been great Breakwater Beach view being changed was upsetting
Eddy School could be a better place for a community
center or COA than Sea Camps
little parcels that are preserved are great, but focus
should be on larger parcels
always could use more housing, senior or otherwise.
vision plan doesn't effectively address climate
change, diversity and equity, accessibility. would like
to see this change
Brewster Community Preservation Plan FY23-FY27 61
would like to see open space allocation go down a
bit, allow more for other parts
would like to see projects commit to public access if
they're using CPC funds - funds going to a nonprofit
entity should be publicly visible
not in favor of using debt to make a purchase, but
you need the debt to leverage funds
town has been pushing aside idea of community
center for too long, hopefully sea camps will change
this
want to see an equitable distribution of priorities
projects that come in front of CPC should be fully
vetted before they come to the CPC or town
meeting. Specificlly: permitting
would like to see a climate change lens applied to all
projects seen by the CPC - no matter what kind of
process resolve issues like permitting before the town sees it
recreation: outdoor fitness stations, community
center with a gym and walking path
example: breakwater beach project that was divisive.
Part of the parcel was for the beach park not parking.
When CPC grants funding, having permitting issues is
limiting
because of pandemic, people have been using
outdoor resources a lot more (Drummer Boy Park).
Having an outdoor walking path with a community
center would be great
Breakwater Beach limited view for seniors, no more
accessible way to reach the beach
define climate friendly project, ensure that these
metrics are applied Not much accessible senior housing.
CPA percentages are good but flexibility is key
in the future, maybe the town should not focus too
much on preserving a small parcel vs a larger one that
would be a better use of time/effort
open space and community housing are both
important
lot of potential with Sea Camps. Would like to see
proportion of recreation increase.
hoping that in next five years Sea Camps will be built
out, with a community center for all ages. Excited
about this prospect.
disposition of the Eddy School: may be deemed
surplus, and then could fulfill another community
need
if this happens, then community can have a variety of
options as to the use of this property
Brewster Community Preservation Plan FY23-FY27 62
PUBLIC FORUM SUMMARY
Prepared by JM Goldson LLC 11/29/2021
SUMMARY
The Brewster Community Preservation Committee, in collaboration with JM Goldson hosted the first
public forum on the Community Preservation Plan on Wednesday, November 10, 2021, through Zoom
Webinar. The forum intended to provide an overview of the Community Preservation Act in Brewster and
seek community input to help the project team understand community preservation resources, needs, and
possibilities. Within the presentation, Jenn Goldson, the lead planning consultant, described CPA-funded
projects in Brewster, an overview of the local funding allocation formula, and described how to apply for
CPA funds.
Following this introduction, Jenn discussed the work that the
consultant team has done to understand Brewster’s CPA
program challenges and opportunities, including a review of
local and regional plans and stakeholder focus groups and
interviews. Finally, Jenn transitioned to an overview of projects
and issues in each of the four funding areas of the Community
Preservation Act and offered polling questions for each issue
area.
Throughout the presentation, the consultant team offered live
polling questions using the online PollEverywhere platform. The
polling questions offered an opportunity for attendees to
express their opinions on what projects should be priorities for
receiving CPA funding and share a bit about themselves
(including affiliation with Brewster and age range).
Metrics: In total, 37 people participated in the public forum.
About 45% of forum attendees indicated that they were a full-
time resident of Brewster. Fifteen participants additionally
indicated that they were part of a municipal board, committee,
or a town employee, while an additional three participants
indicated that they were representatives of a regional
organization.
Outreach Efforts: The project team conducted outreach for the in-person forum through various social
media channels, physical advertising including flyer distribution and newspaper coverage, as well as
announcements on the Town of Brewster’s website.
KEY FINDINGS:
• A divide is evident between those who would like Brewster to continue to prioritize open space
preservation over other funding areas, and those who would like to see increased funding
allocated to support community housing initiatives.
• Participants were additionally split on the issue of changing the funding formula of Brewster’s local
CPA bylaw.
• Participants expressed optimism about the opportunities presented by the Cape Cod Sea Camps
acquisition and recognized that this property offers the potential for use in all aspects of the
Community Preservation Act’s issue areas, including creating outdoor active recreation facilities,
Brewster Community Preservation Plan FY23-FY27 63
preserving historic structures, preserving open space, and creating passive recreation
opportunities.
COMMUNITY HOUSING
During this portion of the forum, Jenn provided a high-level overview of CPA eligibility for community
housing initiatives, Brewster’s local housing need, as well as regional housing needs. The most common
concern in relation to housing gained from the interviews and focus groups was the need for affordable
senior housing options. Suggested possible projects shared by participants for the CPA to fund in the next
five years include:
• Development of affordable housing at the Millstone Road site
• Rental assistance programs for low-income families and seniors
• Veteran’s housing
• Continued support for Housing Coordinator position
• Housing options for seniors to age in Brewster
HISTORIC PRESERVATION
This portion of the presentation provided an overview of CPA eligibility for historic preservation projects.
Brewster’s preservation needs include protecting historic structures from demolition and identifying
Native American archaeological resources. Past historic preservation projects include the restoration of
the Spruce Hill Barn and the Lower Road Cemetery Tombstone and Monument repair and restoration
project. Participants suggested a variety of ideas for future CPA projects including:
• Brewster Ladies’ Library Renovation
• Continued preservation of historic town records
• Rehabilitation of Sea Camps buildings
• Preservation and research of Native American sites
OPEN SPACE AND NATURAL RESOURCES
This portion of the preservation included a review of CPA eligibility for open space projects. One of the
primary issues that the town is facing is the impending threat posed by sea level rise due to climate
change, which will lead to exacerbated flooding and coastal erosion. Coastal land conservation is a critical
strategy for resilience. In addition, improving the health of Brewster’s ponds is a high priority. Past CPA-
funded open space projects include the Mill Pond Conservation Area, the Quivett Marsh Vista
Conservation Area, and the Lalor Property Acquisition, among many others. Participants shared a variety
of projects ideas including:
• Removing phragmites from salt marshes
• Land purchases in Zone II and pond frontage
• Continued protecting of wellfields and water sources
• Purchase and management of coastal resources, such as dunes and wetlands
OUTDOOR RECREATION
This portion of the forum included information about CPA-eligible recreation projects. Outdoor recreation
facilities are a key component of Brewster’s vibrant seasonal economy. Outdoor recreation land in the
town includes both private and publicly owned properties. The main issues or suggestions raised in focus
groups and interviews was the need for expanded walking and biking trails, as well as seasonal and year-
round recreation opportunities for all ages. Past recreation projects include the ongoing accessibility
improvements to the town’s athletic fields, the Stony Brook Early Childhood Playground, and the
installation of warning lights on the Cape Cod Rail Trail. Suggested projects shared by participants for the
CPA to consider include:
Brewster Community Preservation Plan FY23-FY27 64
• Improving access to recreation areas, namely accessibility improvements
• Expansion of bike trails in town center, along Route 137, and along Freeman’s Way
• Improved playgrounds
• Improving boardwalk to Wing’s Island
• Funding for Drummer Boy Park Master Plan Phase I
• Establishment of pickleball courts
MULTI-USE AND REGIONAL PROJECTS
The last section of the presentation asked participants to consider multi-use and regional projects which
could be funded by the CPA. When asked for examples or potential projects Brewster’s CPC could
consider, participants provided the following answers:
• Cape Cod Sea Camps as a place for recreation, open space, historic preservation, and
community housing projects to co-exist
• Collaboration between open space and community housing projects
The discussion finally turned to the topic of regional projects, where funds from multiple towns can be
used towards a project that benefits multiple communities. When asked to provide sample criteria that
Brewster’s CPC should consider when reviewing regional project applications, participants provided the
following answers:
• Towns which share water and coastal resources might find it beneficial to work
collaboratively in preservation or maintenance of these resources
• Projects which provide a direct benefit to Brewster residents
• Supportive of regional housing projects for specialized populations such as homeless
veterans or those with disabilities
• Clear community benefit, especially in housing and coastal management
• Equal or fair amounts of CPC contributions from other communities in the region
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
September 27, 2022
TO: Millstone Road Residents
FROM: Brewster Select Board
RE: Temporary Access Needed for Millstone Road Improvement Project
The Town of Brewster is undertaking a road improvement project on Millstone Road that will
involve the installation of sidewalks and the creation of a consistent roadway shoulder. The
roadway layout of Millstone Roads consists of a variable 40- to 50-foot-wide Town owned right-
of-way.
While project design is not yet fully finalized, the Town has adjusted the scope of work to ensure
that permanent easements related to sidewalk construction and drainage improvements will not
be required on any residential property on Millstone Road. However, based on the current
proposed design, it is expected that there will be likely be temporary impacts on a portion of your
property associated with the project. Accordingly, the Town is planning to bring an article to
Special Town Meeting on November 14, 2022 to authorize the Town to enter into these
temporary easements with residents for this purpose. This document summarizes the Town
planned activities to secure necessary access and your rights as a landowner.
1. HOW WILL THE TOWN ADDRESS ACCESS ON RESIDENT PROPERTY TO
COMPLETE THIS PROJECT?
There are two kinds of easements – permanent and temporary. The Town does not anticipate
any permanent easements for sidewalks and drainage. However, residents may be contacted in
relation to utility easements. Utility easements allows utility companies to install and maintain
infrastructure (eg. utility poles) that requires relocation or updating due to the project. The Town
is not party to these agreements.
Temporary access can be granted in two ways. Right of Entry agreements allow the contractor
to perform certain work that is temporary in nature on adjacent private property outside of the
Town’s right of way. The work frequently consists of loaming & seeding, slope work either
behind the reconstructed road or new sidewalk, new driveway apron work, etc. In granting the
Office of:
Select Board
Town Administrator
Town a right of entry, residents waive their right to be compensated for these temporary impacts
on their property.
Temporary construction easements also allow the contractor to perform similar work. However,
in this case, residents are paid a fair price for these temporary impacts.
2. WHAT IS A RIGHT OF ENTRY?
The construction impacts from the project for residential properties will only be temporary in
nature during construction (anticipated to take two years to construct at the most). A temporary
donation during construction is often completed through a right of entry agreement. This
agreement allows the Town to construct the project and, upon completion, restore the temporary
impacts on private property. This procedure will minimize project costs for your community.
3. WHAT IS A FAIR PRICE FOR A TEMPORARY EASEMENT?
In the event that a right of entry agreement is not considered or completed, every effort will be
made to ensure that equitable compensation is provided to impacted residents. The temporary
impact area for residential properties along Millstone Road ranges from approximately 40 sf to
4000 sf, with proportional cost considerations. To ensure equitable and fair compensation, the
Town is applying the same methodology to calculate the cost of all temporary property impacts
of this project, which will be based on current assessed values.
4. WHAT ARE THE NEXT STEPS?
Once the design has been finalized and specific temporary property impacts are fully known,
Town officials will contact you. They will explain the procedures used in acquiring any
necessary temporary rights in land.
If you feel that the Town’s offer is not fair at that time, you may petition the courts within 3
years. In the meantime, this appeal action does not stop or delay project activities. You may be
paid pro tanto (for the time being), but such payment will not prejudice the court’s final decision.
The Town is contacting you now to provide this initial information to ensure residents are
informed in advance of the related Town Meeting article in November that will broadly allow
this process to move forward.
If you have any questions about the process, do not hesitate to contact the Town Administrator’s
office at (508) 896-3701. For property specific questions, please contact the Department of
Public Works at (508) 896-3212.
Select Board Meeting 10.17.22 1
Agenda Item #15- For Your Information (FYIs)
1.Human Services Contract Reports
a.Aids Support Group
b.Lower Cape Outreach Council
c.Independence House
2.Brewster Regional CDBG Grant Quarterly Report
3.Cape Cod Regional Transit Authority Town Report
4.Community Housing Forum Flyer
5.Brewster Affordable Housing Trust, Program Guidelines & Application
6.Friends of Brewster Elders Newsletter
7.Blood Drive Flyer
8.November 8th State Election Information
9.Xfinity TV Service Changes
ASGCC.ORG 508.487.9445
ASGCC PROVINCETOWN, PO BOX 1522, PROVINCETOWN, MA 02657
PROVINCETOWN DROP-IN CENTER: 508.487.8311 / HYANNIS: 508.778.1954 / FALMOUTH: 774.763.6656 / VINEYARD HAVEN 508.693.1208
September 30, 2022
Selectmen's Office
Town of Brewster 2198 Main Street
Brewster, MA 02631
Re: FY22 End of Year Report
Dear Brewster Selectmen:
On behalf of the AIDS Support Group of Cape Cod, we wish to thank you for your continued
support.
We are pleased to inform you that ASGCC services for medical case management and
related support, along with testing services, were provided to 49 Brewster residents during
Fiscal Year 2022.
Again, thank you for your support!
Sincerely,
Nina Cantor
Head of Development
Lower Cape Outreach Council, Inc.
REPORT TO THE TOWN OF BREWSTER
FISCAL YEAR 2023
Quarter:1. Jul - Sept.2. Oct - Dec 3. Jan - Mar 4. Apr - Jun Year to Date
Service Provided
Cash Assistance $25,083.00 $25,083.00
# of Households **76 76
Food: Value in $$22,825.00 $22,825.00
# of Orders **146 146
# of Adults 131 131
# of Children 120 120
# of Seniors 87 87
Thanksgiving Baskets in $$0.00 $0.00
# of Orders **0
# of People 0
Clothing Value in $$2,342.50 $2,342.50
# of Orders **41 41
# of Adults 34 34
# of Children 19 19
# of Seniors 4 4
Holiday Toys Value in $$0.00
# of Families **0
# of Children 0
** Total Units of Service 263 263
Value per Unit of Service $191.07 $191.07
TOTAL CASH VALUE $50,250.50 $50,250.50
NHEPENHEN E
H 0 US E
Independence House, Inc.
160 Bassett Lane
Hyannis, MA 02601
Tel. 508 771-6507
Fax: 508 778-0143
24 -HOUR HOTLINE
1 800 439-6507
October 11, 2022
Town of Brewster
2198 Main Street
Brewster, MA 02631
Dear Grantor,
Enclosed you will find the statistics for July, August, and September of 2022, as
well as the First Quarter summary for FY 2023.
A few items to note: On September 30, 2022, we had our annual Domestic
Violence Awareness Breakfast, kicking off October which is Domestic Violence
Awareness Month. Discussions are already occurring regarding our Holiday
programs and we continue to provide financial support for clients experiencing
housing related challenges.
Thank you for your continued support! If you have any questions regarding the
report or other items, please do not hesitate to contact me at 508-771-6507
x235 or bobr@indhouse.net.
Bob Ravenelle
Director of Domestic & Sexual Violence and
Grants & Contract Management
Independence House
July 2022 FY 2023
Barn
Bour
Brew
Chat
Den
East
Falm
Harw
Mash
Orins
Ptown
Sand
Truro
Well
Yarm
Other/
Unkn
Undup/N
ew
Ongoing
Clients
Total
Clients
Total Units
of Service
209A
(Restraining Orders)
59.50
9.75
0.00
1.50
5.50
1.50
16.00
1.00
6.75
8.25
0.25
8.25
0.00
2.75
25.50
15.00
78
69
147
161.50
258E
(Harrassment Order)
7.75
0.00
1.50
0.00
0.00
0.00
3.25
2.00
4.00
0.00
0.00
7.00
2.50
0.00
4.50
0.00
15
13
28
32.50
Childcare
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
0.00
0.00
0.00
0.00
0
2
2
4.00
Children Exposed to DV
14.75
0.00
0.00
0.00
0.00
0.00
10.50
0.00
4.75
1.25
0.00
0.00
0.00
0.00
2.50
0.00
12
13
25
33.75
Children's Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Domestic Violence
Group
0.00
1.50
0.00
0.00
0.00
1.50
0.00
3.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2
2
4
6.00
DV Hotline
29.00
0.00
1.00
2.00
1.00
0.00
1.00
0.00
4.00
2.00
0.00
0.00
0.00
0.00
1.00
20.00
0
0
0
61.00
DV Services
63.00
14.25
3.25
5.75
20.50
14.50
43.75
8.00
20.00
3.25
3.75
23.75
4.25
11.00
23.75
18.00
75
128
203
280.75
Food Pantry
8.00
0.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0
0
0
10.00
Housing Stabilization
3.25
0.00
6.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
5
5
9.75
Medical Advocacy
3.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.50
2.10
4
0
4
9.60
Other Calls
18.00
1.00
0.00
0.00
1.00
0.00
1.00
3.00
1.00
1.00
0.00
0.00
0.00
0.00
3.00
68.00
0
0
0
97.00
Outreach/ Education
6.60
0.00
0.00
0.00
0.00
0.00
0.00
1.50
0.00
0.00
1.00
1.50
0.00
1.00
3.00
6.00
0
62
62
20.60
Prevention
2.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
7
7
2.00
SafeHomes
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Sexual Assault
9.75
0.00
8.75
0.00
0.75
2.50
0.75
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.50
1.50
5
6
11
28.50
Sexual Assault Group
1.50 0.00 1.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
0
2
2
3.00
Sexual Assault Hotline
4.00
1.00
0.00
0.00
0.00
0.00
1.00
1.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
10.00
0
0
0
18.00
Survivors of Homicide
1.00
0.00
0.00
0.00
2.75
0.00
0.00
0.00
3.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
1
3
4
7.75
Teen Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Teen Services
9.25
0.00
0.00
0.00
0.00
0.00
6.00
4.75
0.25
1.00
3.25
6.00
7.00
0.00
0.00
0.00
9
16
25
37.50
Total New Clients
75
7
3
1
5
3
19
4
15
5
1
12
0
1
33
15
199
Total Unduplicated
rliPni<
116
13
6
3
13
6
42
16
12
7
6
22
3
8
40
12
325
Total Clients
191
20
9
4
18
9
61
20
27
12
7
34
3
9
73
27
524
TOTAL (Units)
241.35
27.50
82.00
17.50
27.00
20.00
72.75
24.75
53.00
9.50
15.75
49.50
13.75
14.75
73.25
141.60
201
328
529
823.20
Independence House
August 2022 FY 2023
Barn
Bour
Brew
Chat
Den
East
Falm
Harw
Mash
Orins
Ptown
Sand
Truro
Well
Yarm
Other/
Unkn
Undup/N
ew
Ongoing
Clients
Total
Clients
Total Units
of Service
209A
(Restraining Orders)
48.50
19.50
1.00
2.50
12.25
3.00
21.25
2.25
16.00
8.75
0.00
15.50
0.00
0.00
20.00
12.25
95
68
163
182.75
258E
(Harrassment Order)
6.25
0.00
3.50
0.00
5.50
1.50
0.00
0.00
3.50
0.00
0.00
6.25
0.00
0.00
4.00
1.00
18
12
30
31.50
Childcare
0.00
1.00
0.00
0.00
0.00
2.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
2
2
3.00
Children Exposed to DV
17.00
0.00
2.50
0.00
0.50
0.00
1.25
0.00
4.25
1.75
0.00
0.00
0.00
0.00
3.50
0.00
9
23
32
30.75
Children's Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Domestic Violence
Group
0.00
1.50
0.00
1.50
0.00
1.50
0.00
1.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
3
4
6.00
DV Hotline
18.00
0.00
1.00
0.00
2.00
1.00
6.00
0.00
2.00
0.00
0.00
1.00
1.00
1.00
2.00
15.00
0
0
0
50.00
DV Services
136.00
20.00
7.00
5.00
20.50
16.75
52.50
3.00
20.75
2.00
7.75
24.50
2.50
12.50
26.50
27.25
59
141
200
384.50
Food Pantry
10.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0
0
0
12.00
Housing Stabilization
3.00
0.00
2.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
4
4
5.00
Medical Advocacy
7.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
0
1
7.00
Other Calls
11.00
0.00
1.00
1.00
2.00
0.00
5.00
1.00
0.00
2.00
1.00
0.00
0.00
0.00
1.00
44.00
0
0
0
69.00
Outreach/ Education
3.50
0.00
0.00
1.00
0.00
0.00
1.00
0.00
0.00
3.50
0.00
0.00
3.00
4.50
0.00
0
133
133
16.50
Prevention
2.00
0.00
1.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
12
12
3.50
SafeHomes
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Sexual Assault
14.00
0.00
8.25
0.00
1.50
1.75
0.25
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.50
2.00
3
13
16
34.25
Sexual Assault Group
1.50
0.00
1.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
1
2
3.00
Sexual Assault Hotline
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0C
0.00
0.00
0.00
1.00
7.00
0
0
0
9.00
Survivors of Homicide
2.00
0.00
0.00
0.00
2.00
0.00
0.00
0.00
3.00
0.00
0.0C
0.00
0.00
0.00
0.00
5.00
0
4
4
12.00
Teen Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Teen Services
10.25
5.75
0.00
1.00
2.75
0.00
18.00
3.00
0.00
4.25
2.25
0.00
0.00
0.00
4.75
0.00
12
19
31
52.00
Total New Clients
58
14
6
3
17
6
18
4
11
7
1
15
0
0
20
14
194
Total Unduplicated
clients
100
26
12
8
15
5
42
9
25
5
54
19
1
22
72
22
437
Total Clients
158
40
18
11
32
11
60
13
36
12
55
34
1
22
92
36
631
TOTAL (Units)
291.00
48.75
29.25
11.00
50.00
27.50
104.25
11.75
49.50
18.75
14.5C
47.25
3.50
16.50
74.75
113.50
199
435
634
911.75
Independence House
September 2022 FY 2023
Barn
Bour
Brew
Chat
Den
East
Falm
Harw
Mash
Orins
Ptown
Sand
Truro
Well
Yarm
Other/
Unkn
Undup/N
ew
Ongoing
Clients
Total
Clients
Total Units
of Service
209A
(Restraining Orders)
73.75
14.00
6.75
1.00
15.25
4.25
17.00
9.75
6.00
3.50
1.50
12.50
0.00
1.75
24.25
8.00
95
73
168
199.25
258E
(Harrassment Order)
8.00
5.25
2.50
1.50
3.25
0.25
3.50
2.00
9.25
3.25
0.00
1.25
0.25
0.00
7.50
1.00
23
23
46
48.75
Childcare
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0.00
0.00
0.00
0
2
2
2.00
Children Exposed to DV
17.50
0.00
0.00
0.00
0.75
0.00
17.25
0.00
7.25
0.75
0.00
0.00
0.00
0.00
7.50
0.00
6
23
29
51.00
Children's Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Domestic Violence
Group
6.00
3.00
0.00
0.00
2.00
3.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2.00
3.00
6
4
10
19.00
Domestic Violence
Hotline
16.00
0.00
1.00
1.00
3.00
0.00
6.00
0.00
1.00
1.00
0.00
1.00
0.00
0.00
5.00
30.00
0
0
0
65.00
Domestic Violence
Services
147.00
19.75
7.75
5.00
26.50
15.00
56.25
5.00
12.75
10.25
7.25
25.25
4.00
0.00
27.75
14.25
68
146
214
383.75
Food Pantry
7.00
1.00
0.00
0.00
1.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1.00
0.00
0
0
0
11.00
Housing Stabilization
6.75
0.00
1.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
4
4
8.25
Medical Advocacy
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.20
0.00
0.00
0.00
0.00
1
0
1
3.20
Other Calls
13.00
0.00
0.00
0.00
1.00
0.00
2.00
3.00
0.00
0.00
0.00
0.00
0.00
0.00
2.00
40.00
0
0
0
61.00
Outreach/ Education
13.50
2.00
0.00
0.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2.00
3.00
0.00
0
182
182
21.00
Prevention Activities
2.00
0.00
1.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
6
6
3.00
SafeHomes
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Sexual Assault
7.75
0.00
7.75
0.75
1.50
3.50
0.00
0.00
0.00
0.00
3.25
2.25
0.00
0.00
8.25
5.50
2
14
16
40.50
Sexual Assault Group
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Sexual Assault Hotline
2.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.00
0
0
0
6.00
Survivors of Homicide
3.00
0.00
0.00
0.00
1.00
0.00
1.00
0.00
3.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
1
4
5
11.00
Teen Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Teen Services
14.25
5.25
1.50
0.00
3.25
0.00
7.50
5.00
0.00
4.25
0.00
0.00
0.00
0.00
5.00
0.00
7
21
28
46.00
Total New Clients
72
10
9
3
15
1
22
7
6
6
3
13
4
1
25
9
206
Total Unduplicated
Clients
254
36
11
5
20
10
40
9
21
6
4
14
2
11
42
18
503
Total Clients
326
46
20
8
35
11
62
16
27
12
7
27
6
12
67
27
709
TOTAL (Units)
337.50
51.25
29.75
9.75
58.50
26.00
111.50
24.75
39.25
23.00
12.00
46.45
4.25
3.75
93.25
108.75
209
502
711
979.70
Independence House
First Quarter
July - September 2022
First Quarter
Barn
Bour
Brew
Chat
Den
East
Falm
Harw
Mash
Orins
Ptc'. ri
Sand
Truro
Well
Yarm
Other/
Unkn
Undup/N
ew
Ongoing
Clients
Total
Clients
Total Units of
Service
209A
(Restraining Orders)
181.75
43.25
7.75
13.25
27.50
8.75
43.75
13.50
38.00
13.25
8.25
36.25
0.00
4.50
69.75
35.25
268
210
478
544.75
258E
(Harrassmentorder)
22.00
5.25
7.50
1.50
3.75
1.75
6.75
4.00
16.75
3.25
0.00
14.50
2.75
0.00
16.00
2.00
56
48
104
112.75
Childcare
1.00
2.00
0.00
0.00
0.00
2.00
0.00
0.00
0.00
0.00
0.00
4.00
0.00
0.00
0.00
0.00
0
6
6
9.00
Children Exposed to DV
49.25
0.00
2.50
0.00
1.25
0.00
29.00
0.00
16.25
3.75
0.00
0.00
0.00
0.00
13.50
0.00
27
59
86
115.50
Children's Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Domestic Violence
Group
6.00
6.00
0.00
1.50
2.00
6.00
0.00
4.50
0.00
0.00
0.00
0.00
0.00
0.00
2.00
3.00
9
9
18
31.00
Domestic Violence
Hotline
63.00
0.00
3.00
3.00
6.00
1.00
13.00
0.00
7.00
3.00
0.00
2.00
1.00
1.00
8.00
65.00
0
0
0
176.00
Domestic Violence
Services
346.00
54.00
18.00
15.75
67.50
46.25
152.50
16.00
53.50
15.50
13.75
73.50
10.75
23.50
78.00
59.50
202
415
617
1049.00
Food Pantry
25.00
2.00
0.00
0.00
2.00
0.00
1.00
0.00
0.00
0.00
3.00
0.00
0.00
0.00
3.00
0.00
0
0
0
33.00
Housing Stabilization
13.00
0.00
10.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
13
13
23.00
Medical Advocacy
10.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.20
0.00
0.00
4.50
2.10
6
0
6
19.80
Other Calls
42.00
1.00
1.00
1.00
4.00
0.00
8.00
7.00
1.00
3.00
1.00
0.00
0.00
0.00
6.00
152.00
0
0
0
227.00
Outreach/ Education
23.60
2.00
0.00
0.50
1.00
0.00
0.00
2.50
0.00
0.00
4.50
1.50
0.00
6.00
10.50
6.00
0
377
377
58.10
Prevention Activities
6.00
0.00
2.50
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
0.00
0.00
0.00
0.00
0.00
0
25
25
8.50
SafeHomes
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Sexual Assault
31.50
0.00
24.75
0.75
3.75
7.75
1.00
0.00
0.00
0.00
3.25
2.25
0.00
0.00
19.25
9.00
10
33
43
103.25
Sexual Assault Group
3.00
0.00
3.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
3
4
6.00
Sexual Assault Hotline
7.00
1.00
0.00
0.00
0.00
0.00
1.00
1.00
0.00
0.00
1.00
0.00
0.00
0.00
1.00
21.00
0
0
0
33.00
Survivors of Homicide
6.00
0.00
0.00
0.00
5.75
0.00
1.00
0.00
9.00
0.00
0.00
0.00
0.00
0.00
0.00
9.00
2
11
13
30.75
Teen Groups
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0
0
0
0.00
Teen Services
33.75
11.00
1.50
1.00
6.00
0.00
31.50
12.75
0.25
9.50
5.50
6.00
7.00
0.00
9.75
0.00
28
56
84
135.50
Total New Clients
205
31
18
7
37
10
59
15
32
18
5
40
4
2
78
38
599
Total Unduplicated
Clients
470
75
29
16
48
21
124
34
58
18
54
55
6
41
154
52
1265
Total Clients
675
106
47
23
85
31
183
49
90
36
69
95
10
43
232
90
1864
TOTAL(Units)
869.85
127.50
81.50
38.25
135.50
73.50
288.50
61.25
141.75
51.25
42.25
143.20
21.50
35.00
241.25
363.85
609
1265
1874
2715.90
FY 21 BREWSTER REGIONAL CDBG GRANT
QUARTERLY REPORT for the period ending
September 30, 2022
Administrative and Management
The administration of this grant is progressing well. The town of Brewster has been an astute and
responsible first-time lead community, working with the grant administrator and housing rehab sub-
grantee, offering support and assistance throughout the quarter. The town fiscal staff is efficient and
reports are provided to the Town Administration and Select Board regularly.
There are no issues or concerns at this time.
Housing Rehab Program
As reported last quarter, we have received several applications for projects that we could not fit in the FY20
program and have done quite a bit of juggling of projects in and out of the FY20 grant given surprised
delays in septic designs and septic tanks. While this can be confusing and maddening for staff it is a godsend
for homeowners to know that their issues will be address soon and there is no delay in waiting for a new
grant to start up – the beauty of a wait list and the ability to pivot and think outside of the box. We currently
have 8 projects in the pipeline: 2 projects out for bid this week and will close next week, 4 intakes
conducted and Work Write Ups out to homeowners for approval. We have 4 contractor walk throughs next
week and 3 applications in the process of qualifying – they should be ready to proceed within the next
week, although one of those applicants just passed away before we could move forward. She left her home
to her adult children (in their sixties) and we await a new deed to move forward. The beneficiaries so far,
are primarily elderly; 1 with children in college and at home, 3 elderly couples, and 1 elderly single in a
wheelchair. The repairs to date are: 2 septic system replacements (one is an I/A), bathroom (2) and kitchen
modifications (1) for barrier removal, 1 failed roof (possibly needing a SCW – it is the project with the I/A
septic), window and siding. There are a few projects that will be over budget and we will determine how
to move forward. Our wait list is lengthy, and our letter announcing the new grant went out at the
beginning of September. There is no doubt our funds will be depleted for FY21!
Operations
Emails and phone calls continue to pour in inquiring about the FY21 Program. All the FY21 applicants have
been on our lengthy wait list and are thrilled to be finally receiving assistance. Our former Program
Coordinator has returned full time and we are more than thrilled to have her expertise back on our team
to move our projects forward even quicker than before! She is skillful in communication with the public
and with the homeowners and knows her way around social media platforms. We are scheduling 2 GC
meetings in the upcoming month; one for our current contractors to go over the never-ending list of
materials that are difficult/expensive to get and review acceptable alternative materials and methods to
reduce the delays in construction and project close outs. The second meeting will be geared toward
attracting new GCs to the program – particularly in the outer cape towns.
Marketing in the Community
Word of mouth continues to be the primary source of getting the info out. We have provided the new
updated application and information to our usual sources, the town websites, councils on aging, libraries
etc. and they are up and reaching our target demographic. We have a few info sessions on the books and
expect to have more as our collaborating COAs and towns schedule their own outreach. The town
participation has become particularly important and common as they jump in to help.
FY21 Program ~ Managing COVID Aftershocks: Contractors and Supply Disruptions
We have 3 Contractors who are a part of the program and a new GC application waiting references for
approval. Our active GC pool has been amazing in keeping schedules and projects on target with efficient
scheduling, excellent communication and exhibiting tremendous patience and understanding with our
homeowners who are experiencing unprecedented stress and overload. Most importantly they continue
to deliver quality work in the face of sustained supply disruptions and labor challenges.
PERFORMANCE MEASURES - HOUSING REHABILITAION:
# of homeowner units occupied by elderly: 6
# of homeowner units moved from substandard to standard: 4
# of homeowner units made accessible: 2
# of homeowner units brought into compliance with lead safety rules: 1
LEAD PAINT REPORTING
*Applicable Lead Paint Requirement: *Lead Hazard Remediation Action
Housing constructed before 1978 2 Lead safe Work Practices ~ (Hard costs <$5k)
Exempt: housing constructed 1978 or later 4 Interim Control or Std Practices ~ (Hard costs $5K -$25K)
Otherwise exempt Abatement ~ (Hard costs > $25,000)
Exempt: Hard costs <= $5,000
Total 6 Total
***as projects come under contract, the performance measures & the lead hazard remediation action will be filled in.
Real Life in Wellfleet: A homebound elderly woman battles health issues, isolation and collapsing
floors. This project is currently out to bid – below is a preview.
The homeowner has been living on the Outer Cape her whole life and built her home in the 80’s where she
conducted her seamstress business for the past few decades. Her health took a turn for the worse and all
but one of her children have moved away. Despite these hardships, Ms. S has the sunniest outlook and
hopeful attitude and is over the moon appreciative of the repairs we can make to her home.
Failed roof – replace roof & gutters
Deteriorated siding and trim – replace
Failed bulkhead and access – bulkhead stairs collapsed causing her primary homeowner’s insurance
(HOI) to cancel her. She currently has HOI through the bank that carries her HELOC. These repairs
will allow her to access more competitive rates and better insure her home.
Inefficient windows & doors – fortunately only a few need to be replaced
Barrier removal – steps & railing to access the driveway, bathroom & kitchen to create walk in
shower, widened door to bathroom and kitchen repairs to rotted flooring and counters.
Before ~ Parts are wearing out for home and homeowner
We look forward to sharing “after” photos in a future report.
FY21 Brewster Regional Childcare Subsidy Program
The FY21 Brewster Regional Childcare Subsidy Program is moving forward successfully, with new
applications coming through and families utilizing their funds. The FY20 Dennis program (which served
the same communities) ended on 9/30, meaning that we’ll see the addition of families from that program
re-applying to utilize another year of assistance. This will be in addition to the new families we’re hearing
from, who either newly qualify now that income limits have increased or have a new need for this
program. To date we have received 14 applications and approved 8, a total of 9 children. We’ve
encumbered approximately 25% of the awarded funds so far.
Performance Measures:
New Access: 6
Improved Access: 3
No Longer Substandard: 0
To: Peter Lombardi, Town Administrator
From: Tom Cahir, Administrator
Date: October 6, 2022
Subject: CCRTA Brewster Town Report
The Cape Cod Regional Transit Authority (CCRTA) has provided a total of 8,958 one-way passenger trips
across all services in the town of Brewster from July 2021 through June 2022 (FY22).
CCRTA provided 233 ADA trips for Brewster residents. CCRTA also provided 12 Brewster residents with 31
trips to Boston area hospitals through the Boston Hospital Transportation service.
CCRTA provided 100 Brewster residents with 3,752 DART (Dial-a-Ride Transportation) trips during FY22.
Total DART passenger trips in the fifteen towns of Cape Cod were 117,714 in FY22.
The deviated fixed route Flex serves the towns of Harwich, Brewster, Orleans, Eastham, Wellfleet, Truro, and
Provincetown. A total of 4,590 one-way trips originated in Brewster for the Flex route for the period July 2021
through June 2022. Total ridership for the Flex for this period was 86,274.
The fixed route Hyannis to Orleans (H20) serves the towns of Barnstable, Yarmouth, Dennis, Harwich,
Chatham, Brewster and Orleans along the Route 28 corridors. A total of 352 one-way trips originated in
Brewster for the H2O route for the period July 2021 through June 2022. Total ridership for the H2O route for
this period was 122,824.
CCRTA supplied the Brewster Council on Aging with one Mobility Assistance Program (MAP) vehicle that
provided 462 rides from July 2021 through June 2022.
Route maps, schedules, fares, Google Transit Trip Planner and the latest news about Cape Cod public
transportation services are provided at www.capecodrta.org, as well as links to many other transportation
resources.
Thursday, October 27 from 5-6:30 PM
Brewster Ladies Library, Rt. 6A, Brewster
All Are Welcome
Community Housing Forum
with Information on Brewster's newly approved Housing Production Plan
Sponsored by the Brewster Affordable Housing Trust & Housing Partnership
Housing Resource Fair
Meet with outreach workers from various housing agencies that will have both information on available
housing help and who can guide you through the application process. Participating agencies include:
• Brewster Housing Authority
• Housing Assistance Corporation with information on Rental Assistance and ADUs
• The Resource Inc. (TRI) CDBG with info on Housing Rehab and Child Care Assistance
• Cape Housing & ADU Resource Center - Homeless Prevention Council and
Community Development Partnership
• Cape Light Compact
• Information on the Brewster Affordable Home Buy Down Program
• WeCan
• Lower Cape Outreach Council
• Brewster Housing Partnership and Council on Aging
• Brewster Affordable Housing Trust with Trust Guidelines
Town of Brewster
Affordable Housing Trust Fund
Program Guidelines & Application
Brewster Affordable Housing Trust Fund
Ned Chatelain
Tim Hackert
Madalyn Hillis-Dineen
Vanessa Greene
Donna Kalinick
Paul Ruchinskas
Maggie Spade-Aguilar
Staff contact: Jill Scalise, Housing Coordinator
Approved by the Brewster Affordable Housing Trust September 1, 2022
Brewster Affordable Housing Trust Program Guidelines and Application 2
Program Guidelines & Application
Table of Contents
Housing Guidelines Page #
I. Brewster Affordable Housing Trust Mission Statement & Goals 3
II. Roles and Responsibilities of the Housing Trust 4
III. Priorities of the Housing Trust 5
IV. Eligible Activities 6
V. Funding Guidance 8
VI. Project Monitoring 9
VII. Reporting 10
VIII. Periodic Updating of the Guidelines 10
IX. Application Process 10
X. Selection Criteria 11
XI. Application Form/ Attachment List 12
Glossary of Housing Terms available at: (Link to be added on new Town of Brewster website)
Brewster Affordable Housing Trust Program Guidelines and Application 3
Town of Brewster
Affordable Housing Trust Fund
Program Guidelines and Application
I. Brewster Affordable Housing Trust Mission Statement and Goals
Housing Trust Mission Statement:
The Brewster Affordable Housing Trust (“BAHT”) seeks to expand and preserve year-round
rental and ownership homes that are affordable to moderate, low, and very low income
households. Our efforts will foster a welcoming environment for demographically and socio-
economically diverse populations. The BAHT is committed to education, collaboration, and
community engagement.
- Accepted April 4, 2019
Brewster Affordable Housing Trust (BAHT) Goals
The Trust has identified the following goals to use as guiding principles to implement Trust
Mission Statement:
1. Develop and Preserve Affordable Housing: The BAHT will develop and preserve
affordable housing and support the work of others seeking to do the same. Our work will serve
very low-, low-, and moderate-income individuals and families, which means households with up
to 100% Area Median Income (AMI).
2. Educate: The BAHT will work to educate individuals and organizations about Brewster’s
community housing and why affordable housing is important to the town, its residents and
visitors. Coordinating with the Brewster Housing Partnership (BHP), we will partner with other
housing organizations from within and outside Brewster to provide educational opportunities to
our citizens.
3. Advocate and collaborate: The BAHT will advocate for development proposals, projects,
local bylaws, state and federal laws, and other programs that advance our mission to create and
preserve affordable housing. We will collaborate with local, state, and federal officials as well as
public, non-profit and for-profit entities to achieve our goals.
4. Engage and Communicate: The BAHT will engage and communicate with town residents,
and listen to, and learn from, their ideas, so that our work reflects a broad consensus.
Originally approved by the Brewster Affordable Housing Trust August 15, 2019
Brewster Affordable Housing Trust Program Guidelines and Application 4
II. Roles and Responsibilities of the Brewster Affordable Housing
Trust
Purpose of the Trust:
The purpose of the Trust is to provide for the preservation and creation of affordable housing in
the Town of Brewster for the benefit of low and moderate income households and for the
funding of community housing as defined in and in accordance with the provisions of
Massachusetts General Laws, Chapter 44, Section 55C. The Trust can use property, both real and
personal, and expend funds as the Board of Trustees deems most appropriate to carry out such
purpose consistent with the policies adopted from time to time by the Select Board regarding
affordable housing.
Management of the Trust:
The Trust is governed by a Board of Trustees consisting of seven Trustees who are appointed by
the Select Board for a term of two years. The Board is comprised of one member of the Select
Board, Housing Partnership, Community Preservation Committee, and Planning Board; two
residents at large; and the Town Administrator or his designee.
The Powers of the Trustees:
As stated in the Declaration of Trust, the Trustees may undertake any activity that would create
and preserve affordable housing for the benefit of low and moderate income households. Their
powers include, but are not limited to, the right to receive, purchase and convey real or personal
property; to sell, lease, exchange or transfer property; to execute deeds, contracts, and grant
agreements; to employ and compensate advisors and agents; to borrow money; to manage or
improve real property and to abandon property which the Board determines not to be worth
retaining; to issue policy goals and statements to serve as guidelines for the Trust and to provide
funds for the benefit of low and moderate income households to assist in the acquisition,
creation, preservation, rehabilitation and support of housing affordable for such families. Any
expenditure of funds in an amount over $50,000, and any sale, lease, exchange, transfer of
conveyance of property having a value in excess of $50,000, requires the approval of the Select
Board.
Funding of the Trust:
The Brewster Affordable Housing Trust Fund (the “Trust Fund”) was initially funded by the
dissolution of the Affordable Housing Fund and the transfer of the funds to the Trust Fund.
Community Preservation Act (“CPA”) funds, in accordance Section 5 of the CPA, may be
allocated to the Trust Fund. CPA funds appropriated into the Trust Fund may be used only for
CPA approved activities, such as the acquisition, creation, preservation, and support of
community housing, and for the rehabilitation of community housing acquired or created using
CPA Funds. Additionally, the Trust Fund has received free cash from the Town of Brewster,
including a portion of Brewster’s Short Term Rental Revenue; these monies are not subject to
the CPA restrictions, but are required to be used for the purposes of the Trust.
Brewster Affordable Housing Trust Program Guidelines and Application 5
III. Housing Trust Priority Initiatives for FY 2022-23
A. Develop and Preserve Affordable Housing:
Develop new affordable housing (by building):
o Support and advance the development of community housing on the
Millstone Road property. Subsequent to RFP issuance, select developer
and support their efforts to develop rental housing in a timely manner.
Determine the amount of funding that the Trust should reserve for a
potential request, provide support through funding cycles and permitting
process, continue to engage the public.
o Participate in the exploration of the potential development of community
housing on the Cape Cod Sea Camps Parcels.
Develop new affordable housing (without building):
o Evaluate the effectiveness of the current accessory dwelling unit bylaws
and advocate for policy, financial, or implementation changes if necessary.
o Evaluate the effectiveness of the current rental voucher program.
o Revisit the feasibility of a rent-to-own program.
Evaluate the effectiveness and reach of the existing Community Development
Block Grant (CDBG) home rehabilitation program, refine procedures, and study
whether the Trust needs to explore supplementing the program in any way.
Continue to work to preserve the existing 3 Subsidized Housing Inventory (SHI)
homes in distress and other units through outreach and, when required, with
financial support.
Work with the Community Preservation Committee (CPC) to determine the future
of the Brewster Buy Down program
Develop rules and program guidelines for the BAHT, particularly around funding
requests
Participate in the Local Comprehensive Plan (LCP) process, including advocate
and explore a review of current zoning as it relates to housing.
B. Educate:
Hold at least annual forums and Select Board updates as well as regularly post
information on the Town website.
o Community Housing Fair and Forum
Hold ongoing joint meetings with other committees such as CPC, BHP, SB & FC
Hold, and/or participate in, Community Housing education sessions and forums
that address or include Fair Housing, Local Preference, and Regional
Partnerships.
Brewster Affordable Housing Trust Program Guidelines and Application 6
IV. Eligible Activities
The Trust Fund can be used to support the following activities. Note that CPA funds must be used
only for those purposes specified in the CPA as allowable activities, while the Trustees may use
non-CPA funds for programs offering a broader range of purposes that are consistent with the
Declaration of Trust and the provisions of MGL Chapter 44, Section 55C.
A. PRESERVATION PROGRAMS
Preservation of Subsidized Housing Inventory (SHI) Affordable Homes:
1. Housing Preservation and Improvement Activities
The BAHT received a CPA grant of $500,000 in November 2019 to assist in the
preservation and acquisition of SHI homes. Funds will be prioritized for
affordable homes identified as non-compliant (for example, uninhabited) and/or
at risk of losing their affordable deed restriction.
In certain instances, the BAHT may use funds to preserve affordability of units
already included in the Town’s Subsidized Housing Inventory (“SHI”) by
providing funds for repairs necessary to enable residents to continue to reside in
their homes. This may include the purchase of homes in specific circumstances.
CPA Allowable Activities: CPA funds may be used for repairs that are necessary
to preserve affordable housing from injury, harm or destruction, which may
include, but are not limited to, the following:
Building envelope and site work to preserve the structural integrity of the homes
Roof, siding and window replacements to assure the water tightness of the
housing units
Upgrading of dangerous electrical or plumbing systems
Replacement of dangerous building systems that threaten the housing units
Failed Septic Systems
Installation of hard-wired smoke alarms, sprinklers and other building fire
suppression systems
Funds cannot be spent for maintenance or operating costs
Whether the BAHT will fund a particular project depends on the facts involved in each case, the
amount of funds sought, the eligibility of persons seeking assistance, the necessity of the repairs,
the funds available to the BAHT to support such program, whether the homes were acquired or
created originally with CPA funds, and other factors. The BAHT may obtain new deed
restrictions on properties to ensure the future affordability of the homes. There is no guarantee of
financial assistance.
Brewster Affordable Housing Trust Program Guidelines and Application 7
B. SUPPORT PROGRAMS (Loans/Grants for Individuals)
1. Brewster Rental Assistance Program
Provide a monthly rent subsidy and support to income eligible households. This program
is currently managed by Housing Assistance Corporation (HAC) for the BAHT. For more
information, see the Housing Office Webpage or this link: Microsoft Word - FACT SHEET
Brewster Rental Assistance Program.docx (brewster-ma.gov)
CPA Allowable Activities:
Grants, loans, rental assistance, interest-rate write downs or other assistance
directly to individuals who are eligible for community housing for the purpose of
making housing affordable
2. Brewster Affordable Home Buyers Buy-Down Program
The Town of Brewster, through Community Preservation Funds, provides up to $30,000
of grant assistance for eligible buyers purchasing a home in Brewster. The program,
contingent on existing funds, is available to households qualifying at 80% AMI (Area
Median Income) who agree to place a permanent affordable housing deed restriction on
the home. The grant assistance is provided as an interest free loan which is forgivable
after 30 years if the owners remain in compliance with the terms of the restriction. This
program is overseen by the Community Preservation Committee and specific applications
for this program are available at Town Hall and on the Housing Office webpage: Buy-
Down Ready Buyer Application (laserfiche.com)
CPA Allowable Activities:
Grants, Loans, Rental assistance, interest-rate write downs or other assistance
directly to individuals who are eligible for community housing for the purpose of
making housing affordable
3. Community Development Block Grant (CDBG) Housing Rehabilitation &
Childcare Assistance Program
CDBG housing rehabilitation and childcare assistance funds are available for low to
moderate income Brewster households earning up to 80% of the Area Median Income.
Housing Rehabilitation funds can provide a 0% interest, deferred, forgivable loan to
make critical home repairs. The program is designed to improve the housing conditions
of income qualified households. Funds up to $50,000 are available to eligible residents to
pay for critical home repairs, like: roofing and siding, electrical, heating and plumbing
work, structural repairs, lead paint abatement and energy efficiency upgrades such as
windows and storm doors. This program is managed by The Resource Inc. (TRI) and
applications are available from TRI at jean@theresource.org. Childcare funding offers
eligible families subsidies of up to $6,000 per child, to assist families in seeking or
maintaining employment. Bailey Boyd Associates oversees the Childcare assistance and
applications are available here: Childcare Programs — Bailey Boyd Associates.
Brewster Affordable Housing Trust Program Guidelines and Application 8
C. CREATION PROGRAMS (Development Loans/Grants)
1. DEVELOP NEW RENTAL HOUSING (Rental Expansion Program)
New Construction Units
Provide funding assistance to developers for construction of new affordable rentals with
deed restrictions required for long-term affordability.
2. DEVELOP NEW HOME OWNERSHIP HOUSING (Home Ownership
Expansion Program)
New Construction Units
Provide funding assistance to developers for construction of new home ownership
properties with deed restrictions required for long-term affordability.
V. Funding Guidance
The BAHT has established the following funding guidelines for eligible activities:
All financial transactions undertaken by the BAHT where Community Preservation Act
(CPA) funds are used must comply with the requirements of the Community Preservation
Act (CPA).
All affordable rental and homeownership units created through new construction must be
deed restricted.
Development loans provided under the Home Ownership and Rental Expansion Program
are limited to up to $100,000 per affordable unit and a maximum project amount
determined by the Trust. Tax credit units are limited to $50,000 per affordable unit. The
BAHT will determine the applicable interest rate to assist with project feasibility.
Payments will be deferred until the property is transferred unless the recipient is
determined to be in violation of loan terms (allowances for extenuating circumstances with
an appeal process), in which case payments will be due. Any loan proceeds will be
deposited into the Housing Trust Fund. All loans must be secured by a mortgage against
the property and may be subordinated to other project lenders. Deed riders for 10-15 years
are required for projects where the loan is more than $20,000 per unit and required for at
least 30 years or in perpetuity for loans of $50,000 or more per unit.
For rental developments, the project sponsor must enter into a Regulatory Agreement with
the Town and subsidizing agency that insures affordability in perpetuity to the greatest
extent possible.
A Land Development Agreement will be required for any Town-owned land.
Brewster Affordable Housing Trust Program Guidelines and Application 9
In addition to BAHT approval, expenditures over $50,000 require Select Board approval.
Funding is directed to creating and preserving affordable housing for low and moderate
income households, as defined below:
Low-income housing – Housing for those persons and families whose annual income
is at or below 80% of the area median income (AMI) for the Barnstable County area as
determined annually by the U.S. Department of Housing and Urban Development
(HUD) and adjusted by household size.
Moderate-income housing – Housing for those persons and families whose annual
income is above 80% AMI but at or below 100% AMI for the Barnstable County area
as determined annually by HUD and adjusted by household size.
While funded projects can include income tiers above the 100% AMI threshold, the Trust
Fund cannot be used for projects that are solely targeted to income levels above the 100%
level.
Funding guidelines can be waived or modified, if permitted under applicable law,
upon a majority vote of the BAHT and, if required, by the Select Board.
VI. Project Monitoring
The BAHT, with staff support from the Housing Office and/or management agency,
will work with the state’s Department of Housing and Community Development
(DHCD) and project sponsors to insure that all units that have been funded by the Trust
Fund are eligible for inclusion on the SHI, meet all requirements to be counted as part
of the SHI, and are monitored to ensure the continued affordability of such units.
BAHT will also monitor the affordability of units that have received Trust funds but are
not eligible for inclusion on the SHI. In these cases, the BAHT, with support from the
Housing Office and/or a management company, will annually confirm the continued
occupancy and eligibility of unit occupants by:
Checking Assessors records and resident mail listings to verify the continued
occupancy of the units. If the units involve homeownership, the deed rider will
require that the occupant notify the Town upon any intent to sell, and the Town will
have an opportunity to purchase or resell the unit based on a prescribed process
included in the deed rider (adaptation of DHCD’s deed rider). If the units involve
rentals, send a letter to the project sponsor requesting documentation listing the
incomes of the tenants and a copy of their leases to ensure that the tenants meet the
income qualifications, and the rents continue to be affordable.
Checking the Barnstable County Registry of Deeds to make sure that there have
been no changes in ownership/residency.
Brewster Affordable Housing Trust Program Guidelines and Application 10
Preparing an annual compliance report that documents the continued affordability of
these units.
VII. Reporting
With staff support from the Housing Office, the BAHT shall prepare an annual report that
summarizes the use of Trust funds during the fiscal year including amounts of funding, type of
funding, project description and status, as well as the balance in the Trust Fund. The books and
records of the Trust shall be maintained by the Town Accountant and audited annually as part of
the annual audit of the Town of Brewster. The results of the audit shall be provided to the Town.
VIII. Periodic Updating of the Guidelines
These Housing Guidelines shall be reviewed at least every three (3) years by the BAHT, with input
from the CPC and the Brewster Housing Partnership, and updated as necessary. The BAHT is
responsible for approving any changes and can also choose to amend the Guidelines any time if it
determines that certain requirements are no longer effective or viable or are necessary or
appropriate. Section III will be updated regularly to reflect the BAHT’s new FY priorities.
IX. Application Process
The application process involves providing information to the BAHT before funding
approvals can be granted. All submissions, scheduling and communications will be
coordinated through the Brewster Housing Office. The BAHT will accept applications on a
rolling basis.
Only those projects that receive the approval of the Board of Trustees and, if required, the
Select Board, are eligible to access funding from the Trust Fund. In making its determinations
on funding, the BAHT may consult with the Brewster Community Preservation Committee,
Planning Department and Planning Board, Zoning Board of Appeals, and/or other Town
commissions or boards. The approved applicant must enter into an agreement with the BAHT
that specifies the purpose and scope of the project, projected timeframe, and approved funding
for the project. The applicant must submit an original copy of the signed contract.
Brewster Affordable Housing Trust Program Guidelines and Application 11
X. Selection Criteria
The BAHT will apply the following selection criteria in its review of applications:
Selection Criteria
The project/program proposal is consistent with the BAHT’s Funding Priorities. These
include the following:
1. Increase affordable housing opportunities for year-round community to the extent permitted by law,
by prioritizing opportunities that support the Trust’s mission to expand and preserve year-round rental
and home ownership homes that are affordable to moderate, low, and very low-income households.
These projects should provide a welcoming environment for demographically and socio-economically
diverse populations. Proposals may serve a range of local housing needs, even if some of the units may
not be eligible for inclusion in the state’s Subsidized Housing Inventory (SHI).
2. Advance the creation of year-round affordable rental units to serve Brewster's most financially
vulnerable residents and other income-qualified persons and households.
3. Identify and take advantage of existing structures and/or properties that have discounted or
nominal acquisition costs, such as town owned or tax foreclosure properties, to make the
development of affordable housing more financially feasible.
4. Promote affordable housing using methods that minimize impacts on the built environment, such
as accessory apartments, small infill developments in existing neighborhoods, or buy-down
initiatives that convert existing housing into affordable units.
5. Develop a range of projects to serve a range of housing needs including housing for families,
seniors, and special needs populations.
6. Encourage mixed-income development to promote diversity and inclusion.
The funding request is reasonable as a portion of the overall project costs and on a per-unit basis
and adheres to the BAHT Funding Guidelines.
The development pro forma demonstrates that the project is feasible (not applicable if Trust Funds are
requested for predevelopment activities to determine feasibility of a project).
The applicant has demonstrated significant leveraging of the requested BAHT Funds with other
public and/or private funding sources.
The applicant is qualified to undertake the project and has demonstrated success in similar
capacity with comparable projects.
The applicant has demonstrated appropriate site control.
Projects provide additional public benefits such as open space, environmental/conservation,
energy efficiency, historic preservation, public safety, economic development, etc.
The project meets demonstrated community needs.
The applicant has demonstrated project support by other Town boards, committees, the Cape
Cod Commission, other pertinent organizations, and Brewster citizens, as appropriate.
Brewster Affordable Housing Trust Program Guidelines and Application 12
XI. Application Form/ Attachment List
Brewster Affordable Housing Trust Program Guidelines and Application 13
Town of Brewster
Affordable Housing Trust
Application Package
APPLICATION FORM
Project/Program Name: ____________________________________________
Trust Program: __________________________________________
Project Location
Street Address: ______________________________ Assessor’s Map & Lot #:_______
Legal Property Owner of Record:___________________________________________________
Sponsor(s)/Organization: _________________________________________________________
Contact Person Name & Title: _____________________________________________________
Telephone: __________________________Email: ______________________________
Mailing Address: __________________________________________________________
Budget Summary
Total Trust Funds Requested:
Total Project Cost:
Sponsor’s Signature: _______________________________ Date: __________
Brewster Affordable Housing Trust Program Guidelines and Application 14
Sponsor’s Printed Name & Title: ___________________________________________
Project Summary: Please summarize the proposed project and any special features (support
services, sustainability or energy conservation components, historic preservation, etc.)
Brewster Affordable Housing Trust Program Guidelines and Application 15
1. Sources of Funds: Check all that apply, include dollar amount, and circle if funds are committed or
proposed.
Brewster Affordable Housing Trust $ __________________ committed/proposed
*Brewster Community Preservation Fund $ __________________
______________committed/proposed (*Some funding from the Trust is derived from Community Preservation Funds. Check this box if seeking
additional funds from the Community Preservation Committee.)
Private Bank Loan__________________$ committed/proposed
Sales Revenue $
Other: $
Other: $
Other: $
2. Uses of Funds: Check all that apply. Predevelopment (feasibility, engineering, appraisals,
environmental studies/testing/mitigation, legal work, etc.)
Acquisition
Preservation
Site Preparation (tree clearing, earth removal, etc.)
New Construction
Redevelopment
Administration
Operations
Marketing
Other (please explain)
3. Targeted Population: Check all that apply.
Family Senior/Elderly
Homeless/At Risk of Homelessness Special Needs (identify population): ___________
Housing with Support Services (identify service providers):
Other (identify):
4. Type of Housing: Check all that apply.
Homeownership: Rental:
Single-family Single Room Occupancy
Condominium Individual/Family
Cooperative Group Residence, Congregate
Other Other (identify):
committed/proposed
committed/proposed
committed/proposed
committed/proposed
Brewster Affordable Housing Trust Guidelines 16
5. Unit Composition (If Applicable): List number of units in each category
Total <=30%
AMI
<=50%
AMI
<=80%
AMI
<=100%
AMI
<=120%
AMI
Market
Rate
SRO
1 Br
2 Br
3 Br
4 Br/+
Note: Refer to (www.huduser.org) for latest fair housing rates.
7. If applicable, Information about the Development Team including:
Owner/sponsor/development entity-
Experience-
Architect-
Engineer-
General Contractor (if known)-
Development Pro-forma-
Operating budget for rental project (For example- One Stop funding application)
Development pro-forma with sales prices for home ownership units.
Submission: All completed application packets should be submitted to:
Town of Brewster Affordable Housing Trust
Jill Scalise, Housing Coordinator
2198 Main Street
Brewster, MA 02631
Email: jscalise@brewster-ma.gov
Phone: 508-896-3701, ext. 1169
VOLUME 7
President's Corner
NEWS FROM THE
FRIENDS OF
BREWSTER ELDERS
ISSUE 49
— Marilyn Dearborn
OCTOBER 2022
Happy Fall to Everyone — mild days, cool nights, and wonderful fall
colors — what more could we want!
I would like to say a "BIG" thank you to everyone who came to our
social event --A Taste of Crosby Mansion-- on Sunday, September 18`h. We
had 100+ people in attendance who enjoyed a couple glasses of wine or beer
and some wonderful finger foods. Many of them were lucky enough to go
home with an item from our Silent Auction. A lovely way to spend a Sunday
afternoon with old and new friends!!! Thank you for your support.
Also a thank you to the local businesses who were kind enough to
donate items for our Silent Auction. Your support of our event and mission is
appreciated (please see the list of merchants on page 2).
While you're reading, check out the information for our upcoming Cape
Symphony trip in October on page 3. Tickets are limited, so be sure to purchase
yours right away.
Here's a New One...
The crooks (creeps) are using a different name when they use your SS# to
open new accounts. By using a different name, the fraud won't appear on
credit reports and avoids a credit freeze, leaving you to hold the bag. "Watch
for unfamiliar aliases on your credit reports," which you should be routinely
checking. "If your credit drops by 50 or more points, ask credit bureaus for
'subfiles' associated with your SS# but not your name!" It may be a case of
identity theft. Be vigilant folks, the creeps are out there!
Source: Steven J.J. Weisman, Esq., founder of Scamicide.com
out
-.
Pickleball
Anyone?
1 - _ Interested in
`( learning how to
play pickleball with other nov-
ices while having fun? We are
in the process of obtaining
trainers if you are!
Please contact Meg at
fobenewsletter@gmail.com to
express your interest or just
call 518-461-1999. Email is
preferred so that when all the
details are available, everyone
can be contacted at once.
Right now, it appears that
we could get some training in
before any snow flies!
If you have the time and the desire to help, please contact Marilyn Dearborn @ 508-385-2881
2022 FOBE Board Members
Donna Bowie, Thrift Shop •:• Suzanne Dean •:• Marilyn Dearborn, President
Ronnie Dickens ❖ Elizabeth "Sam" Gardiner, Secretary
Jane Hester, Treasurer •:• Jim King, Website Kathy Macdonald, Membership
Jeanne Morcone •: Meg Morris, Newsletter ❖ Joyce O'Neil ❖ Linda Wood
Open monthly meetings are held on the second Wednesday at 9:30 AM, Brewster Bible Alliance Church, Rte. 6A.
www.friendsofbrewsterelders.org •:• email brewsterfriends@gmail.com ❖ visit our Facebook pages
Two Trivia Winners!
Each received a $25
Gift Certificate from
Sea Captains' Thrift
Ronnie Dickens
Pamela & Josef Quit hn::it
Special Thanks to our Silent Auction Donors!
Thanks to the local businesses and to the many generous bidders, we earned
$634 from the Silent Auction. Please visit our donors and while you're there
and mention that your heard about them from the Friends of Brewster Elders!
By The Bay Vintage Traders
The Village Toy Store The Cook Shop
Crocker Nursery Cape Sea Grill
The Island Blue Crab Karen North Wells
ACK Gioia
Green Road Refill
Sally Cabot Gunning
Svdenstricker Glass
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SEA CAPTAINS'
THRIFT SHOP
66 HARWICH ROAD
(508) 896-8180
If in doubt about purchasing or
donating, please call first.
OPEN MON - SAT, 10 AM - 4 PM
Donation Day is Tuesday
We Don't Accept Credit Cards...Sorry!
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There are no days so delightful as those of a fine October.
Alexander Smith
Ah, October! Arguably, the best month on Cape Cod...comfortably warm days, delightfully cool nights and still
beach time! However, "Massachusetts is poised for a colder, snowier winter than normal.", the Old Farmer's
Almanac predicts for '22-'23.
Sea Captains' Thrift is ready! Our racks are full of everything you'll need to ward off the blustery weather ahead.
Coats, jackets, scarves, hats, gloves and boots are stocked awaiting your selection. Shop early for the best choices.
Need a current book or challenging puzzle for those inevitable cold or snowbound days? We have them and the
prices are irresistible. Pick up a couple; read/work your choice; then donate it back to us...the perfect circle!
What's unique at the Sea Captains' "boutique"? A gorgeous, mint condition Waterford "vahze" (most likely a
period piece) is available. It would make the perfect wedding gift.
• Looking Ahead . . .
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1/2 price (over $1) sale in November: ANNEX and Table Top Room. Fabulous finds at unbelievable prices await
Annual Christmas Boutique (Nov. 21 -Dec. 21). Everything you'll need for the holidays: cards, NEW giftables,
holiday wreaths & swags, ornaments, home decor, etc.; and, of course, holiday clothing and jewelry.
Sea Captains' will be closed for Thanksgiving: Nov. 22 & 23 and reopens Friday, Nov. 25. —Donna Bowie, Manager
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Join
Us
For
Bravo
Broadway!
Sign up here S now for FOBE's trip to the Cape Symphony Orchestra's Bravo
Broadway on Sunday, October 16th at 3 PM. We'II leave the Council on Aging parking lot
at 1 PM, as we've secured transportation, too! Tickets are on a first come -first served basis
and will be distributed on the bus. Please complete the form below (please PRINT clearly)
and either drop it and your check (payable to FOBE) off at Sea Captains' Thrift Shop or
mail to FOBE, PO Box 2310, Brewster MA 02631.
Name:
Name:
Mailing Address:
Email:
Day of event Phone:
Number of tickets
Number of tickets
@ $40 each (member)
@ $50 each (non-member)
Total Enclosed: $
Five Reasons Why You Should Be a Member
1. Even if you're retired, you'd be surprised at the
networking opportunities available.
2. By being involved, you can become a better ver-
sion of yourself. Get out of the old box!
3. You can be inspired by other' member's stories &
experiences.
4. You'll have access to exciting events, exercise,
and entertainment with like-minded people.
5. You'll be giving back to your community.
Membership Questions? Contact
Kathy Macdonaldkhelenmack@comcast.net
Did You Know? Friends of Brewster Elders =
Friends of the Brewster Council on Aging?
The Friends is a 501c3 nonprofit, charitable organi-
zation whose mission is to support, promote and
enrich Brewster senior residents, and the Brewster
Council on Aging, through donations and fundraising.
The Friends always welcome new members to get
involved with FOBE activities and events.
Contact Marilyn Dearborn, President, locally at
508-385-2881 or brewsterfriends@gmail.com
tc.:417.
• October 16: We're headed to
Bravo Broadway in Hyannis. See
notice on page 2. Ticket price
includes transportation.
• December, we'll be heading
down to attend the Cape Cod
Symphony's Annual "Holiday on the Cape" event.
Details to follow in November.
• December Holiday Party. Enjoy a fabulous lunch
with your friends. Date TBA in November.
• A New Year Begins! Membership ($10/person/
year). Notices will be mailed to existing members.
How's our Winter Looking?
The Wooly Bear caterpillar's stripes
supposedly can predict how severe or
mild our winter will be. The wider the
rusty brown segments, the milder, but if there is more
black, then our winter will be more severe. Beginning in
1948, Dr. C. H. Curran studied these caterpillars for 8 years
trying to prove scientifically an old rule of thumb found in
the Old Farmer's Almanac. So, is it true or not? What's
your experience?
TE9Z0 b'W `b31SM]H9
IS NIVVV 86ZZ 11VH NMO.L
NOSb3d 10313S `A3NIIHM IAVCI
ti99Z0
S6 # 1IWb3d
d l`dd
3Dd1SOd 'S'fl
ll3Obd NON
1£9Z0 VI%I `aa3sAtaag
Oi£Z xog am() Jsod
siapig aajsMa ig 3o spua I
Thursday, October 20th
11 am – 5 pm
Brewster Police Department
631 Harwich Rd
Amazon gift card for all donors!!
*******Appointments are required. To make an appointment,
please visit our website listed below.
NOVEMBER 8TH STATE ELECTION
• Polls open Tuesday, November 8, 7.00am-
8.00pm at Brewster Baptist Church
• Last day to register to vote - Saturday, October
29
• Vote by mail ballots will be mailed the week of
October 17
• Last day to request ballot by mail -
Tuesday, November 1
• Please call 508-896-4506 with any questions
Xfinity.
October 10, 2022
Select Board
Town of Brewster
2198 Main Street
Brewster, MA 02631
Dear Members of the Board:
We are committed to keeping you and our customers informed about changes to Xfinity TV services.
Accordingly please note on November 15, 2022, FXX will be removed from the Digital Economy package,
but will continue to be available on Entertainment. Customers are receiving this information via bill
message.
Additionally, once again, we wanted to share the emergency/trouble reporting procedure in the event a
municipal building experiences problems with downed cable drops, signal transport issues with I -NET or
Video Return Lines, Public, Education and Government (PEG) Access channels or to have our technical or
construction staff on -site during an emergency.
MUNICIPAL - EMERGENCY/TROUBLE REPORTING PROCEDURES
(Please note the XOC telephone number listed below /S NOT for public dissemination)
• STEP 1 Call 1-877-359-1821 (24/7 — XOC)
• STEP 2 Select Option # 1 - Municipalities, Utilities, Police & Fire
• STEP 3 Prompted for Reason for call:
Option # 1- Down Wires (will be prompted to enter zip code)
Option # 2 — Pole hits, pole transfers or all other Municipal Issues
• STEP 4 Speak with Rep. and obtain job reference #
The above steps will put you in touch with our Excellence Operations Center (XOC), 24 -hours a day, and
seven days a week.
Please do not hesitate to contact me with any questions at Michael_Galla@comcast.com.
Sincerely,
MCchaeliGalla/
Michael Galla, Sr. Manager
Government & Regulatory Affairs