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Select Board Meeting Packet - 11.07.22
Select Board David Whitney Chair Edward Chatelain Vice Chair Kari Hoffmann Clerk Mary Chaffee Cynthia Bingham Town Administrator Peter Lombardi Assistant Town Administrator Dorma 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 AGENDA Remote Participation Only November 7, 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: Ca11(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: https://us02web.zoom.us/j/89092910526?nwd=WHM2V3hrVklhSTIoWWhVU09kanUzOT09 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 17, 2022 b. Vote to Sign Letter of Support for Administration's Application to the CPC for Funding of the Housing Coordinator Position c. Execute & Sign Conservation Restriction for Brewster Conservation Trust: 90 Squantum Path d. One Day Liquor License Application: Brewster Sportsman's Club e. Vote on Comp Time Limits for Seasonal Personnel Bylaw Employees: Superintendent of Golf Maintenance 10. 6:15pm Public Hearing - Annual All Alcohol Beverage License Transfer and Pledge of Collateral- A Rose Realty Inc, d/b/ a Ferretti's Market 11. Assignment of Articles for November 14, 2022 Special Town Meeting 12. Presentation on Opioid Abatement Funds & Potential Regional Solutions - Kate Lena, Barnstable County Department of Human Services 13. Update on School Committee Decision Regarding Potential Elementary School Consolidation Katie Miller Jacobus, Brewster School Committee Chair (Select Board FY23-24 Strategic Plan Goal CI -3) 14. Update on Nauset Regional High School Project and Vote on Special Election Warrant for Additional Debt Exclusion 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 15. Discuss and Vote on Updated Memorandum of Understanding Between Cape Light Compact and Town of Brewster Regarding Energy Manager Position - Select Board FY23-24 Strategic Plan Goal CA -1 16. Review and Vote to Sign Lease Agreement with Dish Wireless, LLC for cabinet space at 1657 Main Street Cell Tower and Request for Consent to Install Equipment at the above location from Crown Castle on behalf of Dish Wireless, LLC 17. Review and Vote to Sign Lease Agreement with AT&T Mobility Corp, for cabinet space at 1657 Main Street Cell Tower 18. Review and Vote to Allow Two Family Trust to Assign the Lease Agreement for Lot #3 in Freeman's Way Industrial Park to James Trainor & Conditionally Approve and Sign Memorandum of Lease Extension 19. Discuss Need to Update Select Board Policy #6: Appointments to Town Committees 20. FYIs 21. Matters Not Reasonably Anticipated by the Chair 22. Questions from the Media 23. Next Meetings: November 10 (Attend Natural Resources Advisory Committee for presentation), November 14, November 22 (Joint with Conservation Commission and Water Commission), December 5, December 12, and December 19, 2022 24. Adjournment Date Posted: 11/03/2022 Date Revised: Received by Town Clerk: E,REW5, j CLERK '22 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 1 October 31, 2022 Colette M. Williams, Town Clerk Town of Brewster 2198 Main Street Brewster, MA 02631 Re: Brewster Annual Town Meeting of May 14, 2022 -- Case # 10575 Warrant Article # 18 (General) Dear Ms. Williams: Under Article 18 the Town voted to amend the general by-laws to add a new Chapter 98, “Hunting in the Punkhorn Parklands” that prohibits hunting in the Punkhorn Parklands (“Punkhorns”) except for bow hunting during the three-week period beginning on the first Monday in December of each year. In addition, the new Chapter 98 prohibits the discharge of firearms in the Punkhorns. We approve Article 18 because it is consistent with G.L. c. 131, § 59, that prohibits hunting on “any land owned or leased by the commonwealth or any political subdivision thereof” unless “the authorities or persons having the control and charge of such reservations, parks, commons or other lands” authorizes hunting on such land during the applicable open season. G.L. c. 31, § 59. In this decision, we summarize the by-law adopted under Article 18; discuss the Attorney General’s standard of review of town by-laws under G.L. c. 40, § 32; and then explain why, based on our standard of review, we approve Article 18.1 I. Summary of Article 18 Under Article 18, a citizen petitioned article, the Town voted to amend the general by- laws to add a new Chapter 98, “Hunting in the Punkhorn Parklands.” The new Chapter 98 prohibits several activities within the Punkhorns including: (1) the discharge of any gun; (2) the 1 On August 12, 2022, by agreement with Town Counsel pursuant to G.L. c. 40, § 32, we extended the deadline for our review of Article 18 for 45-days until October 8, 2022. On October 3, 2022, by agreement with Town Counsel pursuant to G.L. c. 40, § 32, we extended the deadline for our review of Article 18 for an additional 30-days until November 7, 2022. 2 release of an arrow from a bow; (3) hunting; (4) trapping; (5) poisoning; and (6) fireworks. In addition, as an exception to the hunting prohibition, Chapter 98 authorizes bow hunting during a three-week period beginning on the first Monday in December of each year, as follows: No person shall discharge any gun, including paint ball guns, fowling piece, pistol, or firearm or release an arrow from a bow or hunt or trap or poison or set fire to any material known as fireworks, or other combustible matter, within the Town-owned land known as the Punkhorn Parklands; provided however, this section shall not apply to any person abating nuisance or in the exercise of duty required by law: provided further that bow hunting only shall only be permitted during a three-week period beginning on the first Monday in December of each year. II. Attorney General’s Standard of Review and General Preemption Principles Our review of Article 18 is governed by G.L. c. 40, § 32. Pursuant to G.L. c. 40, § 32 the Attorney General has a “limited power of disapproval,” and “[i]t is fundamental that every presumption is to be made in favor of the validity of municipal by-laws.” Amherst v. Attorney General, 398 Mass. 793, 795-96 (1986). The Attorney General does not review the policy arguments for or against the enactment. Id. at 798-99 (“Neither we nor the Attorney General may comment on the wisdom of the town’s by-law.”) In order to disapprove a by-law (or any portion thereof), the Attorney General must cite an inconsistency between the by-law and the state Constitution or laws. Id. at 796. A municipality has no power to adopt a by-law that is “inconsistent with the constitution or laws enacted by the [Legislature].” Home Rule Amendment, Mass. Const. amend. art. 2, § 6. Moreover, where the Legislature intended to preempt the field on a topic, a municipal by-law on that topic is invalid and must be disapproved. Town of Wendell v. Attorney General, 394 Mass. 518, 524 (1985). In determining whether a by-law is inconsistent with a state statute, the “question is not whether the Legislature intended to grant authority to municipalities to act…but rather whether the Legislature intended to deny [a municipality] the right to legislate on the subject [in question].” Town of Wendell, 394 Mass. at 524 (1985). “This intent can be either express or inferred.” St. George Greek Orthodox Cathedral of Western Mass. v. Springfield, 462 Mass. 120, 125-26 (2012). Local action is precluded in three instances: (1) where the “Legislature has made an explicit indication of its intention in this respect”; (2) where “the State legislative purpose can[not] be achieved in the face of a local by-law on the same subject”; and (3) where “legislation on a subject is so comprehensive that an inference would be justified that the Legislature intended to preempt the field.” Town of Wendell, 394 Mass. at 524. “The existence of legislation on a subject, however, is not necessarily a bar to the enactment of local ordinances and by-laws exercising powers or functions with respect to the same subject[, if] the State legislative purpose can be achieved in the face of a local ordinance or by-law on the same subject[.]” Bloom v. Worcester, 363 Mass. 136, 156 (1973); see Town of Wendell, 394 Mass. at 527-28 (“It is not the comprehensiveness of legislation alone that makes local regulation inconsistent with a statute. . . . The question . . . is whether the local enactment will clearly frustrate a statutory purpose.”). 3 III. Municipal Power to Regulate Hunting and the Discharge of Firearms Article 18 prohibits both hunting (with allowance for bow hunting during a limited time period in December) and the discharge of firearms. Because a municipality’s power to regulate hunting differs from its power to regulate the discharge of firearms, it is important to distinguish between the two. A. Towns Cannot Regulate Hunting Except as Provided in Chapter 131 The activity of hunting is comprehensively regulated by General Laws Chapter 131 and related statutes and regulations that preempt the field. Chapter 131 imposes “carefully guarded conditions by which one may hunt in the Commonwealth safely, provisions by which one is licensed, and provisions designed to preserve and maintain the wildlife and natural resources of the Commonwealth.” Amherst, 398 Mass. at 797. Chapter 131 grants the Director of the Department of Fish and Game/Division of Fisheries and Wildlife (DFW Director) wide-ranging authority over hunting and trapping in the Commonwealth (see generally G.L. c. 131, § 4, and 321 CMR 3.01 et seq.), and further grants the DFW authority to adopt comprehensive regulations governing hunting and trapping, which are embodied in 321 CMR 3.00 et seq. Pursuant to G.L. c. 131, § 5, “Except as provided in rules and regulations made under authority of this section, and except as otherwise provided in [Chapter 131], a person shall not fish, hunt or trap …”. Chapter 131 does not expressly preempt local regulation of hunting. However, the broad scope of Chapter 131, and the extensive powers granted to the DFW Director to regulate hunting, indicate a legislative intent that Chapter 131 occupies the field of hunting regulation. Towns are therefore preempted from regulating hunting except as expressly provided in Chapter 131. See Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (2005) (town by-law imposing fines for failure to remove utility poles preempted by the comprehensive, uniform state regulation of utilities in G.L. c. 164); Wendell, 394 Mass. at 518 (town by-law regulating the use of pesticides in town frustrates the statutory purpose of centralized regulation of pesticide use). Because of the Legislature’s comprehensive grant of authority to the DFW to be the exclusive, state-wide regulator of hunting in the Commonwealth, towns are preempted from imposing by-law requirements which are inconsistent with G.L. c. 131 and related statutes and regulations. Thus, towns may only impose their local hunting requirements in those two categories expressly provided in Chapter 131: municipally owned lands (see G.L. c. 131, § 59); and Great Ponds not exceeding 500 acres in size (see G.L. c. 131, § 45). B. Towns May Regulate the Discharge of Firearms Within Their Borders By contrast, towns are allowed to regulate the discharge of firearms within their borders. See Brown v. Carlisle, 336 Mass. 147, 150-151 (1957) (upholding a firearm discharge by-law because “[t]he enumeration of [Chapter 131 and other] statutes demonstrates that the State has not excluded the type of legislation here undertaken by the defendant town…We are not confronted with an attempt to regulate hunting….” (emphasis supplied). See also Amherst, 398 Mass. at 797-798 (rejecting argument that Amherst’s firearm discharge by-law is preempted by 4 Chapter 131 because “the Amherst by-law in no way frustrates those sections” of Chapter 131 which “concern the safe use of certain firearms.”). IV. Article 18 is Consistent with General Laws Chapter 131, § 59 that Prohibits Hunting on Town-Owned Land Unless the Town Allows It We approve Article 18 because it is consistent with the statutory prohibition of hunting on town-owned land without town authorization. General Laws Chapter 131, Section 59 provides that a person shall not hunt on “any land owned or leased by the commonwealth or any political subdivision thereof” except that the persons having control and charge of such lands may “permit the hunting, within said boundaries during the applicable open season of any birds or mammals,” as follows (with emphasis added): A person shall not hunt, or in any manner molest or destroy, any bird or mammal within the boundaries of any reservation, park or common, or any land owned or leased by the commonwealth or any political subdivision thereof, or any land held in trust for public use; except that the authorities or persons having the control and charge of such reservations, parks, commons or other lands, may, with such limitations as they deem advisable, permit the hunting, within said boundaries during the applicable open season of any birds or mammals. The authorities or persons having the control and charge of such reservations, parks, commons or land owned or leased or held for public use, the director of law enforcement, his deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers, deputy environmental police officers, wardens and members of the state police in areas over which they have jurisdiction and all officers qualified to serve criminal process shall enforce this section. This section shall not apply to state forests acquired under section thirty or section thirty- three of chapter one hundred and thirty-two or any other provision of law, or to state parks and reservations under the control of the division of forests and parks of the department of environmental management. Nothing in this section shall be deemed to prohibit any agency of the commonwealth or any political subdivision of the commonwealth from permitting the hunting, during the applicable open season, in any area owned or leased by it, of any bird or mammal, or from entering into agreements with the director for the establishment of wildlife management areas. Because Article 18 is consistent with Chapter 131 that authorizes towns to determine whether to allow hunting on town-owned property, we approve it. V. Article 18 Must be Applied Consistent with General Laws Chapter 131, § 45 that Requires Great Ponds to be Accessible for Hunting General Laws Chapter 131, Section 45 requires that a Great Pond “shall be public for the purpose of hunting or boating thereon.” Further, G.L. c. 131, § 45 provides that “[a]ll persons shall be allowed reasonable means of access to such ponds for the purposes aforesaid,” which includes hunting. General Laws Chapter 131, Section 45, provides in relevant part as follows, with emphasis added: Except as otherwise provided in this section and elsewhere in this chapter, every great pond not actively being used as a source of water supply of any town, water supply or fire district or public institution, and not subject to the provisions of section one hundred 5 and sixty of chapter one hundred and eleven, shall be public for the purpose of hunting or boating thereon and shall, notwithstanding the provisions of any special law relating to fisheries in any particular place, be open to all inhabitants of the commonwealth for fishing purposes; provided that any city or town in which the whole or any portion of any great pond not exceeding five hundred acres in extent is situated may, as to so much thereof, as is located within its boundaries, make and enforce rules and regulations relative to hunting, fishing and boating thereon….Any such rules or regulations shall, to the extent that they authorize hunting or fishing or, both, be subject to the approval of the director, and to the extent that they authorize any other use thereof, be subject to the approval of the commissioner of environmental protection or to the extent that they impose restrictions upon the speed limit, a limitation on engine horsepower, a prohibition of the use of internal combustion engines, a ban on water skiing and other high speed uses, and a limitation of such uses to certain areas and certain times, be subject to the approval of the director of law enforcement. All persons shall be allowed reasonable means of access to such ponds for the purposes aforesaid. General Laws Chapter 131, Section 45 defines a “Great Pond” as: “a natural pond the area of which is twenty acres or more.” According to the Massachusetts Department of Environmental Protection, there are several Great Ponds located in Brewster. See https://www.mass.gov/doc/massachusetts-great-ponds-list/download. Moreover, it appears that some of these Great Ponds are located in or near the Punkhorns, including Seymour Pond, Upper Mill Pond and Walkers Pond. See Northern Punkhorn Trail Map available on the Town’s website (https://brewster-ma.gov/files/Punkhorn_North_Section_Trail_Map.pdf).2 The Town must ensure that Article 18 is applied consistent with G.L. c. 131, § 45. Thus, the Town cannot apply Article 18’s hunting prohibition to any Great Pond located in the Punkhorns.3 Further, to the extent the Punkhorns abut a Great Pond, the Town cannot apply the by-law in such a way as to impede access to Great Ponds for the statutorily protected activities of hunting, fishing, and boating, as established by G.L. c. 131, § 45. The Town should consult with Town Counsel with any questions on this issue. 2See also DEP Great Pond Information as follows: (1) Walkers Pond: https://www.mass.gov/doc/ walkerspond/download (2) Seymour Pond: https://www.mass.gov/doc/dfwseymopdf/download; and (3) Upper Mill Pond: https://www.mass.gov/doc/dfwwalkupdf/download. 3 We note that G.L. c. 131, § 45 grants to certain categories of cities and town the right to make rules and regulations regarding hunting on great ponds not exceeding five hundred acres, but it requires that such rules and regulations be approved by the Director. See Pearson v. Plymouth, 44 Mass. App. Ct. 741, 744 (1998) (“All such [great pond] rules and regulations are subject to the approvals of various State administrative agencies having special competence and responsibility in the particular subject, e.g., …rules and regulations authorizing hunting and fishing are subject to the approval of the director of fisheries and wildlife.”) 6 VI. Conclusion Because the by-law adopted under Article 18 is consistent with G.L. c. 131, § 59, we approve it. However, the Town is not authorized to prohibit hunting on Great Ponds and the by- law cannot apply to any Great Ponds in the Town, except as outlined in G.L. c. 131, § 45. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by-laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by-law. 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 cc: Town Counsel Gregg J. Corbo Barnstable County American Rescue Plan Act (ARPA) ARPA Projects Proposed by Barnstable County Departments 10/26/22 What is ARPA? 1.Signed by President Biden on 3/11/2021 2.Includes funding to all States, Counties, Tribal Govts., Cities, and Towns to support their response to and recovery from the COVID-19 public health emergency: a.Fight the pandemic and support families and businesses struggling with its public health and economic impacts. b.Maintain vital public services, even amid declines in revenue resulting from the crisis. c.Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. American Rescue Plan Act of 2021 aka “the COVID-19 Stimulus Package” When must ARPA funds be obligated and spent? March 3, 2021: ARPA funds can be used to cover costs incurred from this date forward. December 31, 2024: Funds must be obligated by the grantee and sub- grantees. •Implication is that salaries cannot be paid past this date. December 31, 2026: End of period of performance. American Rescue Plan Act of 2021 Broad Categories of Eligible Uses for ARPA Funds (Source: US Treasury) …For Barnstable County ARPA Funds 2. Fund public health system costs assoc. with COVID response, other health services, and related capital investment. 1. Invest in water, sewer, or broadband infrastructure. 3. Address negative economic impacts of COVID on households, businesses, non- profits; disprop. impacted communities (includes housing and early ed./childcare). 4. Replace lost public sector revenue; Provide premium pay to employees providing essential work during COVID-19. ARPA and Barnstable County Funding allocated to Barnstable County = $41,370,810 Plus Funding allocated directly to 15 towns = $26,057,837 https://home.treasury.gov/policy-issues/coronavirus/assistance-for- state-local-and-tribal-governments/state-and-local-fiscal-recovery-funds ARPA and Barnstable County Status of Barnstable County ARPA Funds Appropriation Funding allocated to Barn. County = $41,370,810 Funds already appropriated for expenditure: •Allocation to 15 Towns:$10,000,000 •Alloc. to Small-Med. Grants:$ 5,000,000 •Alloc. to Barn. County Dept(s):$ 932,576 (Cape Cod Commission’s Regional Housing Strategy) •Alloc. to Barn. County Admin Costs $ 617,664 Funds Approp. (thru 10/26/22)$16,550,240 Balance for Appropriation = $24,820,570 Status of Barn. County ARPA Appropriations Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects Balance for Appropriation:$24,820,570 Proposed Alloc. to Dept. Projects $13,691,090 Barn. County ARPA Departmental Projects 1. Provision of Government Services $ 1,000,000 7% 2. Water Quality $ 9,916,242 72% 3. Housing $ 1,498,029 11% 4. Economic Stability (Public Health)$ 876,819 6% 5. Infrastructure (Broadband)$ 400,000 3% Total, County ARPA Projects Recommended by Administration $ 13,691,090 100% 1. Provision of Govt. Services $ 1,000,000 •Finance Department $ 1,000,000 1.Digitization of County Records and Processes The Finance Dept. proposes using ARPA grant funds to pay for digitizing county records and selected processes. Thousands of county records and documents, some of historical significance, have yet to be catalogued, preserved, and digitized. Ultimately, citizens will have electronic access to a document repository of county records at their fingertips. Historical books will be digitized and coded using document indexing and search logic to create a simple public online search process. Remote access will be available through a link on the county's website. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 •Commissioners Office $ 4,257,345 •County Dredge $ 1,012,500 Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 1.PFAS Identification & Analysis Program 2.Upgrades to MA Alternative Septic System Technology Center (MASSTC) 3.Innov./Alternative Septic System Responsible Management Entity (RME) 4.Water Quality Laboratory Enhancement 5.Harmful Algal Bloom Assess. & Monitoring 6.Barnstable County AquiFund (Septic/Sewer) Loan Program Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 1.PFAS ID & Analysis Program $829,086 The program will collaboratively accomplish the following: a.Assess environmental conditions and factors across Barnstable County to determine the extent of PFAS contamination in public drinking water supplies, private wells and other water resources across the region. This will involve utilizing reconnaissance techniques to establish severity of impact across the Cape. b.Develop and apply specific sampling protocols for water sources including ground, surface and drinking water. c.Establish and implement a public education and communication program for Barnstable County residents regarding drinking water analytical results, public health information and PFAS remediation for drinking water. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 2.Upgrades to MA Alternative Septic System Tech. Center (MASSTC)$ 1,383,086 The proposal follows upon a major feasibility report commissioned by the Massachusetts Clean Energy Center that recommended continued investment in MASSTC to encourage further participation by national experts to bring to bear their expertise in solving some of the environmental challenges ahead. MASSTC requires updates to facilities, health/safety improvements, electrical upgrades, field equipment, and an expansion of its research laboratory. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 3.I/A Septic System RME Program $ 672,873 This project provides seed money for an effort to build a sustainable organizational element that will satisfy Massachusetts DEP’s accountability requirements and position towns wishing to use alternative means to meet their wastewater management needs. Towns that utilize Innovative/Alternative septic systems to meet watershed Total Maximum Daily Loads (TMDL) for nitrogen will be required by MassDEP to designate a Responsible Management Entity (RME). This unit will serve towns by contracting with service providers, conducting selected monitoring and performance troubleshooting, and reporting to state regulatory bodies. It will also work closely with towns to integrate the infrastructure of onsite systems into their overall wastewater treatment plans. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 4.Water Quality Lab Enhancements $ 1,266,481 This project will significantly enhance the laboratory’s current and future analytical capabilities. The laboratory’s focus has always been to maintain a readiness to assess environmental problems and evaluate remedial actions. The challenges presented by PFAS are a perfect example. Funding will be used to upgrade older equipment, deploy more efficient technology, and restructure the laboratory for greater efficiency. New equipment will include: Inductively coupled plasma atomic emission spectrophotometer (ICP OES); PC Titrate Analyzer; Dionex™Ion Chromatograph; Biochemical Oxygen Demand (BOD) Analyzer; Laboratory Information Management System (LIMS) upgrades. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 5.Harmful Algal Bloom Assess.$ 237,526 In 2022 the Dept. began monitoring for the cyanotoxin microcystin on a small number of ponds that were flagged by the APCC as problematic. Additional instrumentation will expand the services to cover more ponds. The instruments for cyanotoxin analysis could also be used for monitoring shellfish toxins in marine environments. This project will upgrade microscopy capabilities and will allow for analysis of organic and inorganic forms of phosphorus and nitrogen by adding a Discrete Nutrient Analyzer and related equipment to the laboratory. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Health Department $ 4,646,397 6.AquiFund (Septic/Sewer) Loan $ 257,345 Program Barnstable County is in a position to make significant contributions to financing wastewater infrastructure through existing programs like the Community Septic Management Loan Program (CSMLP). Re-branded as the AquiFund, this project expands Barn. County’s efforts to develop new financing programs as well as improve existing programs by: •Developing/advocating for new sources of wastewater infrastructure funding. •Create need-based subsidy programs, such as grants or loan forgiveness; Provide assistance with the program application process(es). •Liaise with key stakeholders (federal, state, and local). Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Commissioners Office $ 4,257,345 1.PFAS Remediation Pump & Treat System 2.County Water Initiative Program Management Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Commissioners Office $ 4,257,345 1.PFAS Remediation Pump & $ 4,000,000 Treat System In May 2019 MassDEP requested two expedited Immediate Response Actions (IRAs) of Barnstable County relative to PFAS contamination at the former Barnstable County Fire Training Academy site in Hyannis: 1)Capping the site to prevent infiltration of precipitation through PFAS contaminated soil (completed Nov. 2021). 2)Expansion of the groundwater recovery and treatment system. This project partially funds the approved Work Plan associated with IRA #2 (total budget = $4.2 million) Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •Commissioners Office $ 4,257,345 1.County Regional Water Initiative $ 257,345 Program Management Funding will be used to engage and Director-level manager to conceptualize and lead the work necessary to integrate the water quality-related work of several County departments in terms of both policy and practice and to coordinate those services with regional stakeholders such as towns, non-profit organizations, fresh/estuarine/saltwater advocacy groups, and state and federal partners. The goal is coordinated regional action on the water quality-related challenges facing Barnstable County. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 2. Water Quality $ 9,916,242 •County Dredge $ 1,012,500 1.Dredge Program Stabilization (Equipment & Parts) Fourteen out of fifteen towns in Barnstable County receive dredging services from the County (ex. Brewster), saving the towns approx. $6 million annually (as compared to using private hydraulic dredging contractors). The department requires funding for capital expenditures in the following categories: •Technology Upgrades to Improve Efficiencies and Operational Safety; •Equipment for Repair & Fabrication •Dredging Support Vessel & Barge •Vehicles & Transportation/Storage of Equipment •Heavy Equipment for Shoreside Use Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 3. Housing $ 1,498,029 •Commissioners Office $ 257,345 1.County Housing Initiative Program Management •Cape Cod Commission $ 932,576* 1.Regional Housing Strategy •Human Services Department $ 308,108 1.Regional Shared Housing Coordinator * Already appropriated. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects •Commissioners Office $ 257,345 1.County Housing Initiative Program $257,345 Management Funding will be used to engage and Director-level manager to conceptualize and lead the work necessary to implement regional coordination of affordable housing-related initiatives. Partners will include stakeholders such as towns, non-profit organizations, housing advocacy groups (sectors = homelessness, transitional housing, workforce housing), and state and federal partners. The goal is coordinated regional action on the affordable housing- related challenges facing Barnstable County. 3. Housing $ 1,498,029 Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects •Cape Cod Commission $ 932,576* 1.Regional Housing Strategy $932,576 This project will develop a regional housing strategy that will address the housing supply, affordability, and availability issues facing the region by identifying appropriate areas for housing development and creating policies and strategies to further the goals of the strategy. Successful implementation of the regional housing plan will provide residents with safe and attainable housing, and will also provide a more reliable workforce and customer base for our local businesses. *Barnstable County ARPA funds have already been appropriated (Ord. 22-17, 8/10/22) to support this project. 3. Housing $ 1,498,029 Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects •Human Services Department $ 308,108 1.Regional Shared Housing Coord.$308,108 Funding will be used to advance the work of affordable housing initiatives in Barn. County by creating a full-time Regional Shared Housing Coordinator. The idea has been recommended by the HOME Advisory Council and vetted by the MassHousing Partnership (MHP) and the Cape Cod Commission (CCC). The department has presented options for sustaining the position following ARPA. 3. Housing $ 1,498,029 Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 4.Economic Stability / Public Health $ 876,819 •Health Department $ 744,144 1.Contract Epidemiologist 2.Emergency Preparedness Upgrades 3.Community Health Nursing Program Needs Assessment •Human Services Department $ 132,705 1.Children's Behavioral Health Needs Assessment Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 4.Economic Stability / Public Health $ 876,819 •Health Department $ 744,144 1.Contract Epidemiologist $ 60,000 ARPA funds will contribute to funding a full-time contract epidemiologist in combination with other state COVID-related grant funding for regional epidemiological services thru 2025. The epidemiologist will establish protocols for regional surveillance in the following areas: •Rapid review of Syndromic Surveillance data and Communicable Disease surveillance •Non-Communicable Disease surveillance •Social Determinants of Health-associated disparities Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 4.Economic Stability / Public Health $ 876,819 •Health Department $ 744,144 2.Emergency Prep. Upgrades $399,114 The department convenes the Barnstable County Regional Emergency Planning Committee (BCREPC) and the regional Multi-Agency Coordination Center (MACC). To keep place with technological advancements and with NIMS all-hazard planning doctrine, funding will support the following upgrades: •Regional Multi-Agency Communication Center Upgrades •Regional Emergency Shelters •Health, Environmental, and Public Safety Interoperability in Secure Digital Communications •Regional and Portable Emergency Advisory Radio Station •Emergency Notification Mobile Signboards Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 4.Economic Stability / Public Health $ 876,819 •Health Department $ 744,144 3.Community Health Nursing $285,000 Program Needs Assessment The department’s Public Health Nursing division will hire a consultant to review its services against the backdrop of morbidity in Barnstable County and the existing primary health services sector. Recommendations and an implementation plan will be used to inform programming for the Public Health Nursing Division and department- wide public health initiatives. In addition, the PHN division will purchase a vehicle to bring services, such as immunizations and health and wellness programs, to areas across Cape Cod, thereby increasing access to much needed health resources. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 4.Economic Stability / Public Health $ 876,819 •Human Services Department $ 132,705 1.Children's Behavioral Health Needs Assessment This project will advance the work of the BC Children’s Behavioral Health Work Group. A comprehensive, regional needs assessment will build upon the 2019 Cape Cod Children's Behavioral Health System Scan and will evaluate the state of the children’s behavioral health system of care on Cape Cod in each of its sub-regions (Upper, Mid, Lower and Outer Cape). Consultants will be hired to identify service needs, strengths and gaps in the system, clarify priorities, quality improvement needs, and advance advocacy, action planning, and the future pursuit of funding. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects 5. Infrastructure (Broadband)$ 400,000 •Cape Cod Commission $ 400,000 1.Broadband, Internet, and Cell Network Assessment This project is will conduct a comprehensive study of commercial internet availability for residential, commercial, and municipal properties and of areas with limited or insufficient cellular phone service within Barnstable County, and present recommendations for network upgrades and/or expansion. The Cape Cod Commission will engage a consultant to: •Assess current internet and cellular network availability; •Characterize gaps in internet and cellular availability and access; and, •Recommend opportunities for network upgrades and/or expansion. Barn. County ARPA Funding: Proposed Allocation to County Dept. Projects Proposed Alloc. to Dept. Projects $13,691,090 Barn. County ARPA Departmental Projects 1. Provision of Government Services $ 1,000,000 7% 2. Water Quality $ 9,916,242 72% 3. Housing $ 1,498,029 11% 4. Economic Stability (Public Health)$ 876,819 6% 5. Infrastructure (Broadband)$ 400,000 3% Total, County ARPA Projects Recommended by Administration $ 13,691,090 100% Barn. County ARPA Funding: TOTAL: Proposed Allocation to County Dept. Projects Balance for Appropriation: $24,820,570 Proposed Alloc. to Dept. Projects $13,691,090 (Less) Funds already appropriated -$ 932,576 (Cape Cod Commission’s Reg. Housing Strategy, Ord. 22-17) Net Amount Proposed for Dept. Projects $12,758,514 Proposed Ordinance 22-xx Barn. County ARPA Departmental Projects Barn. County ARPA Funding: NET: Proposed Allocation to County Dept. Projects Archive d: Wednesday, November 2, 2022 8:27:02 AM From: MassDOT Se nt: Tue, 1 Nov 2022 12:51:42 Subje ct: Cape Cod Bridges Program Public Meeting Se ns itivity: Normal Issue D ate: 11/1/2022 T he Cape Cod Br idges Pr ogr am This notice is to inform you of the upcoming Virtual Public Information Meetings for the MassachusettsDepartment of Transportation's (MassD OT's) Cape Cod Bridges Program. This Program wi ll i nclude thereplacement of the Bourne and Sagamore bridges, as well as improvements to the approach roadwaynetworks to address the multimodal deficienci es within the Cape Cod Canal area. MassDOT invi tes you toattend the following Virtual Publi c Information Meetings to learn more about the Program scope, status,schedule, and ask the Program team questions. Virtual Public Information Meeting Two live, i denti cal virtual public information meetings will be hosted on: Tuesday, November 15th, 2022 Thursday, November 17th, 2022 Time: 6:00 PM EST Location: Online To register for thi s meeting please visit the following registration link: https://www.mass.gov/massdot-highway-design-public-hearings After registering, you will receive a confirmation email containing information about joining the webi nar. To sign up to receive program updates please visit: http://tiny.cc/CapeCodProgramSub. For more informationon the program please visit the program web site: https://www.mass.gov/cape-bridges. Please feel free toextend this meeting invitation to others that may have an interest in attending. In the interim, please use theProgram's comment form for any questi ons or concerns at: http://tiny.cc/CapeCodProgramC F. Con iinonnwealth of Massachusetts EXECUTIVE OFFICE OF HOUSING & ECONOMIC DEVELOPMENT ONE ASHBURTON PLACE, ROOM 2101 BOSTON, MA 02108 CHARLES D. BAKER GOVERNOR KARYN E. POLITO LIEUTENANT GOVERNOR. MIKE KENNEALY SECRETARY October 26, 2022 Peter Lombardi, Town Administrator Town of Brewster 2198 Main St Brewster, MA 02631 Dear Town Administrator Lombardi: TELEPHONE (617) 788-3610 FACSIMILE (617) 788-3605 www.mass.gov/eohed Thank you for submitting an application to the FY2023 round of the Community One Stop for Growth. We are very pleased to announce that, in its second round, the One Stop provided grant awards to 335 projects in 169 communities across the Commonwealth, totaling over $143 million in economic development support. On behalf of the Baker -Polito Administration, I would like to congratulate you on the success of your application, FULL-FY23-Brewster-Brewster-00478, which resulted in an award through the Community Planning Grant Program. Our economic development plan, Partnerships for Growth, holds "building vibrant communities" as a key pillar of the Commonwealth's economic prosperity. These grants underscore the commitment of the Baker -Polito Administration to partner with cities and towns, large and small, to realize their economic potential and to ensure that residents live, work, and play in thriving communities. In addition, the plan highlights our belief that state government should be accessible to all communities — a principle we hope you experienced firsthand through the Community One Stop for Growth. We look forward to continuing this momentum as we head into the FY2024 Round of the One Stop. Please be on the lookout for communications from EOHED staff related to the launch of the FY2024 Round and information on how to submit an Expression of Interest. Again, thank you for your participation in the Community One Stop for Growth. Foiiiring strong partnerships with cities and towns to help economic development visions come to life is of the upmost importance to me, my office, and the Administration. We look forward to working with you to advance the economic growth of your community and the Commonwealth. Sincerely, Mike Kennealy Secretary Select Board Mtg 11.07.2022 1 Agenda Item #9: Consent Agenda Cover Page a) Meeting Minutes: October 17, 2022 Draft meeting minutes from the Select Board regular session meeting on October 17, 2022 have been submitted for approval. Administration Recommendation: We recommend the Select Board approve the meeting minutes as presented. b)Vote to Sign Letter of Support for Administration’s Application to the CPC for Funding of the Housing Coordinator Position Administration will be submitting an application to the Community Preservation Committee for funding of the salary portion of the Housing Coordinator position. The proposed letter of support reaffirms the Select Board’s support of the Brewster Housing Coordinator position and continues to prioritize housing as an important goal in their Strategic Plan. Administration Recommendation: We recommend the Select Board approve and sign the letter of support. c)Execute & Sign Conservation Restriction for Brewster Conservation Trust: 90 Squantum Path The Brewster Conservation Trust is seeking approval of a Conservation Restriction (CR) on a 7.57- acre parcel located in Brewster and Harwich. The CR is between a private landowner, the Harwich Conservation Trust and the Brewster Conservation Trust and requires approval by the Select Board. The Town of Brewster Conservation Commission voted unanimously in support of the Conservation Restriction. Administration Recommendation: We recommend the Select Board execute the Conservation Restriction. d)One Day Liquor License Application: Brewster Sportsman’s Club The Brewster Sportsman’s Club will be hosting a pizza party for a high school hockey championship on Friday November 11th from 5pm – 10pm. They expect 120 attendees and would like to serve beer and wine. This request has been reviewed by the Police Department, Fire Department, Town Administration and Health Department. The Fire Department requests that the parking plan is used. The Health Department request a temporary food service permit application to be submitted. Administration Recommendation: We recommend the Select Board approve the one-day liquor license. e)Vote on Comp Time Limits for Seasonal Personnel Bylaw Employee: Superintendent of Golf Maintenance The Director of Golf Operations has requested that the same consideration is given to the Superintendent of Golf Maintenance as other more seasonal positions in terms of the ability to increase the maximum amount of compensatory time that can be accrued from three (3) days to fifteen (15) days. Administration Recommendation: We recommend the Select Board approve this request. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 1 of 13 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: October 17, 2022 TIME: 5:45 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, Kimberly Pearson, Faythe Ellis, Elizabeth Taylor Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:45pm, read the meeting participation and recording statements and declared a quorum by announcing members of the Select Board present. Executive Session: Review & Vote on Executive Session Minutes Selectperson Hoffmann moved to enter executive session. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. The Select Board returned to open session at 5:58pm. Public Announcements and Comments: None Select Board Announcements and Liaison Reports: None Town Administrator’s Report Mr. Lombardi shared an updated on the following topics: Brewster Conservation Trust Pledge o Confirmed their commitment to donate $1.75M to the Town to help cover a portion of the acquisition costs of the Long Pond property. o BCT is interested in holding a conservation restriction on the property, potentially with Mass Audubon. Between BCT and Mass Audubon the combined contribution totals $3.25M. o BCT participates in the Town’s planning process and has designated representatives on both planning committees (Bay Property and Pond Property). o Once a long-term plan has been developed, their initial payment will likely be about $1M with the balance to follow. There is no additional impact on the tax rate. Selectperson Chatelain asked about the conservation restriction applying to a majority of the Long Pond parcel. Mr. Lombardi noted that Mass Audubon specifically stated this, however BCT did not. Both have an interest in protecting the ecological benefits and water quality. Mr. Lombardi will follow up on the conservation restriction with both organizations. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 2 of 13 Office of: Select Board Town Administrator Punkhorn Hunting o Town Meeting last May approved a new bylaw that would allow bow hunting in the Punkhorns for three weeks in December. MA Attorney General’s Office has requested another extension (the first one was in August) for their review of the citizens’ petition. Their response deadline has been pushed back one month from October 8th to November 7th. o The Department of Natural Resources and Town Administration have been working with Town Counsel to practically implement the bylaw consistent with state statute. o We have stressed to the State that we need time to educate hunters and residents about the changes. Once we hear from the State, we will be providing updates to the Conservation Commission, Select Board and Water Commissioners to prep for the upcoming season. Nauset Regional High School Project o Received confirmation from Superintendent Clenchy that filed sub-bids came in almost $20M above initial cost estimates. General contractor bids are due this Wednesday, October 19th. o There is a possibility that Special Town Meetings will need to be held in all four towns to approve any additional funds necessary for the project. Under a new state law, the ballot question for increased debt exclusion is optional. o The School Building Committee is in the process of updating the project website with the most current information. Nauset School Enrollment o Nauset school officials provided preliminary 2022 student enrollment data. This data is sent to DESE each October for their review and to go through a formal certification process that typically takes a couple of months. o While we cannot determine the extent of student enrollment shifts that will impact our FY24 budget based solely on this data, it does appear at this time that Brewster’s share of the Nauset regional budget next year will likely not increase much (if at all) due to enrollment changes. o Enrollment is generally down across the district, including at the high school. Stony Brook enrollment is up slightly due to a 10-student increase in our Pre-K classes, which transitioned to a full-day program this year. The Town held the annual flu and covid booster clinic at Our Lady of the Cape last Thursday, Mr. Lombardi expressed his thanks to the Health Department, the CERT team, and many other Town Departments for their work on a successful clinic. The Town Clerk’s office noted that the delivery of our ballots from the Secretary of State’s office for November election has been delayed, we expect them this week and will mail them as soon as possible. The first Annual Haunted House will be held at Crosby Mansion, the first night is Friday, October 21st. Information and tickets are available on the Recreation Department webpage. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 3 of 13 Office of: Select Board Town Administrator Consent Agenda a.Meeting Minutes: October 3, 2022 b.Appointment: 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 Selectperson Hoffmann moved to approve the Consent Agenda as listed in the packet. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on Natural Resources Advisory Commission’s Recommended Comments on Eversource’s Draft 2023- 2027 Vegetation Management Plan The Chair of the Natural Resources Advisory Commission, Kim Pearson joined the meeting. Dr. Pearson noted that the comment period for the Vegetation Management Plan (VMP) is very short, 21 days from the date of release. The VMP is essentially identical to the plan for the past 5 years and the plan before that. Brewster has historically had some serious objections to the plan to the point of the Town having a lawsuit against MDAR for approving the plan. Dr. Pearson noted the following points of the plan that are flawed: 1.There is not an opt out option of spraying on the rights of way. 2.Sensitive area definition, identification and mapping is lacking in the plan. If areas are not adequately documented, Eversource and their contractors cannot prevent impacts of spraying. 3.Question about an impaired water district, under the Clean Water Act, if we have an impaired watershed does the general permit for Eversource apply or do they need to file a notice of intent. a.Dr. Pearson recommends that the Town asks counsel to look into this issue. 4.After the formal public comment period, a Right of Way Advisory Council reviews the plan and public comments before generating their opinion which is the one MDAR follows. This council is not required to hold public meetings. a.Dr. Pearson noted that a formal request has been submitted that the Right of Way Advisory Council meet in public to make their deliberation more obvious. She believes it would be helpful if the Towns that are impacted by the potential spraying would also ask for this to be a public and transparent process. Selectperson Chaffee offered minor edits to the letter provided by the Natural Resources Advisory Commission. Mr. Lombardi commented that the Town did pursue litigation against the State agency responsible for approval of the previous plan (2017-2022) for the past several years. The Town was successful in the fact that Eversource for 4 of the 5 years did not do any spraying in Brewster. The plan as drafted gives them the authority to do so for the next 5 years. Important to note that we did make a difference in our efforts. In response to a resident question about stopping spraying completely, Mr. Lombardi shared an overview of the Town’s litigation efforts. This includes that the Town was not able to secure injunction relief from Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 4 of 13 Office of: Select Board Town Administrator spraying, Eversource choose not to spray while litigation was ongoing. The Town has been continuing to talk to special counsel who has been working with the Town for over four years on this matter. Selectperson Chaffee moved to approve the Natural Resources Advisory Commission’s recommended comments as amended on Eversource’s draft Vegetation Management Plan. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Update on Wing Island Boardwalk Project and Discuss Next Steps for Public Forum #2- Select Board FY23- 24 Strategic Plan Goal CM-1 Mr. Lombardi recapped the September 26th Select Board meeting where the Board approved downsizing the scope of the project while taking permitting considerations and ADA accessibility into account. The updated concept plans will be presented at a public forum later this year. Mr. Lombardi then reviewed some of the ways that Town Administration and the Select Board has listened and responded to resident concerns. Horsley Witten will be developing visual simulations for the public forum with using materials that will have the least visual impact on the view. The Select Board has authorized Horsley Witten to expand their carrying capacity analysis to include ecologic assessment. Mr. Lombardi shared that the Town has also spoken with Mass Audubon to discuss best practices in marsh boardwalk construction, specifically regarding the boardwalk in place in Wellfleet that was installed at least 20 years ago. They agreed this type of boardwalk would not be permitted today, nor would it be a design they would approve. Mr. Lombardi shared that the Town is looking to hire a third party to review and provide feedback on the Town’s ecological assessment and management plan. Mr. Lombardi reviewed data points including the access road and meeting with state and federal agencies who have regulatory jurisdiction over the project. Mr. Lombardi reminded everyone that there is no timeline to start permitting, the Town continues to work through conceptual design and due diligence. Select Board members took turns expressing their desire to work together, have an open mind, and absorb all the information, as the process is very important. Mr. Lombardi noted the additional responsibilities for Horsley Witten will have additional costs as well as having a third-party peer review. The next agenda item is looking for approval of $30K in American Rescue Plan Act Funds, this would reduce the allocated funds used for site remediation for the former shooting range on the Bay property. The following residents made statements regarding the Wing Island Boardwalk Project: 1.Len Egert, 92 Six Penny Lane- noted the growing opposition and respects and understands the history of this project. He fears that this will interrupt important planning that has been done, specifically the Local Comprehensive Plan (LCP). He is left with the impression that the LCP supports the building of the boardwalk, which may leave the community to believe they need to reject the LCP. Mr. Egert would push for a separate vote on the Boardwalk project. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 5 of 13 Office of: Select Board Town Administrator a.Members of the Board and Mr. Lombardi noted that the LCP is an advisory document, which also in part helps to inform the Select Board strategic planning each year. The Master Plan was adopted by Town Meeting previously. 2.Janice Riley, 32 Old Red Top Road- Appreciates the updates provided, however, feels the residents have lost trust in the Select Board and the Brewster Conservation Trust. Ms. Riley expressed her concerns with Horsley Witten, the funding, and the timeline of events. She would like to be part of the discussions as she is worried about the habitat and the wetlands. 3.Lori Shockley, 92 Six Penny Lane- Supports no building whatsoever on the marsh, would be willing to support a lower boardwalk if needed. As a member of the Friends of Wing Island, she has a petition that opposes the conceptual designs and requests a formation of an advisory committee. Ms. Shockley feels there has not been enough public outreach and suggested a new vote around the LCP post-pandemic. Also has issue with using any more public funds until there is more discussion. 4.Gillian MacKenzie, 373 Stony Brook Rd- Is surprised to see the Town taking funds already allocated to the Sea Camps, and the use of ARPA funds for this purpose. ARPA funds, in her opinion, are meant for something different and this is a misuse of them. Ms. MacKenzie believes the funds should be used to continue to fight the Covid virus and noted the website is not up to date with pandemic information. a.Mr. Lombardi provided information on the allowable uses of ARPA funds per the US Treasury. Adding that the Select Board developed a spending plan for the funds which funds multiple projects and initiatives, which include public health related expenditures specific to the pandemic. 5.Lynne Hamlyn is a resident and environmental consultant, also does not believe ARPA funds should be used for this project. Funds could go towards fuel, utilities and helping residents with their tax bills. Ms. Hamlyn does not believe the project is a priority at this time. Noting her experience, she would like to be more involved in the review of the project with the regulatory board. 6.Carryl Lynn, 125 Crescent Lane- Only heard about this project through Facebook. Ms. Lynn is familiar with Chapter 91 and is surprised how far we got with all confusion and negativity around the project. She is glad there is now conversation happening with the public. 7.John Depuy, 835 Main St. - Noted that he is appreciative that there has been meaningful listening in the series of meetings and hopefully there will be some consideration for what is being proposed and what is supported by the Friends of Wings Island. We all have the right to our opinions, but we don’t have a right to our facts, particularly in representing facts that are wrong. Appreciates that information has been corrected about direct access from Drummer Boy Park. Mr. Depuy feels that the only path forward and the logical, reasonable compromise is somehow to carve out the issue within the LCP with the Master Plan and the boardwalk or else, in his belief, the LCP will be voted down, and it would be shame if that happened. 8.Jillian Douglas- noted her work on the visioning group and the importance to gain public input in the process. Ms. Douglas noted Article 2 item 1a and asked if it would be up to someone to move it to be postponed or if it will be withdrawn. a.Mr. Lombardi responded that the capital requests include seeking a little over $250K in free cash to move forward with Drummer Boy Park (DBP) Phase 1 improvements, these were Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 6 of 13 Office of: Select Board Town Administrator included in the updated DBP Master Plan that was unanimously adopted by Town Meeting last fall. Improvements include the parking facilities, storm water and pedestrian paths. These were proposed not as contingent on construction of a new elevated boardwalk but viewed as improvements for the park regardless of what happens with the boardwalk. Ms. Douglas continued that perhaps the item be postponed as a much broader discussion needs to take place with the Friends of Wing Island. Adding that if there are questions about the LCP, it is important not to proceed quickly and take the time for a consensus in Town. It is clear in the LCP that the Town is very much interested in the natural resources of the Town, our heritage and protecting and preserving these things that have value. These values have more of a regional view as the district is on the national register. 9.Lori Shockley commented that in no way was she insinuating that the Town should restrict access and was referencing the Master Plan. Ms. Shockley asked if the project is funded by the donor in perpetuity and if all ancillary costs will be covered? a.Mr. Lombardi responded that the Select Board signed a gift agreement that stipulates specifically the terms and conditions of the donation. The donation is a $1M pledge commitment for construction of the boardwalk, there are not any ongoing costs that the donor has pledged to supply support for. This project was not the donor’s idea and they have not had any input on the design, nor have they put any other conditions on the project. The donors have been generous to both the Brewster Conservation Trust and Dennis Conservation Trust over the years. If the Town decides not to move forward with the project, which we are not obligated to, there are not any obligations that the Board or the Town entered into. 10.Janice Riley added that Jillian Douglas’s points were well measured, and part of the issue is that the Town has built things over the years on vague terminology. She added there are many layers to this project and we should proceed carefully. Ms. Riley noted that a main point is about preserving and protecting the Stony Brook Valley reservation, as noted in the John Hay letter. 11.Len Egert asked precisely when the vote would occur and in what manner would the project go forward? a.Mr. Lombardi responded that there is no timeline as we are still at the conceptual design stage, and we don’t know what path forward the Town will ultimately take. This has been a public process to date and will continue to be. There is no timeline on when this would be brought to Town Meeting. 12.Liz Perry, 80 Blue Jacket Way- stated she is happy to see that there is real communication on this issue and is encouraged by this meeting. Believes it is best to take a step back and give the project more time. 13.Mary O’Neil- Stated that she supports Ms. Perry’s comments on the value of tonight’s meeting. Wing Island is a resource and a heritage site and home to threatened bird species as is the marsh. Ms. O’Neil provided some information regarding bird habitat and climate change, adding that we have a responsibility on the Cape with a resource such as Wings Island, a nature reserve. 14.Gillian MacKenzie requested clarification that if no funding is needed from taxpayers, that the Board doesn’t have to have the residents vote on the project. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 7 of 13 Office of: Select Board Town Administrator a.Mr. Lombardi stated that Town Meeting is required to approve the capital appropriations, we have the $1M pledge from the donor for construction, but we don’t know the costs of the boardwalk. The Town’s expectation is that Horsley Witten will be able to provide an estimated costs for the two concept designs that have been proposed at the next public forum. Technically if the Town has funding from the donor and/or other funding source, the Select Board would not be required to place an article on the warrant for Town Meeting approval, this is not to say they wouldn’t. Chair Whitney thanked the residents for their comments. Selectperson Chaffee stated that facts are critical in policy making processes, she also clarified the Town’s access to Wing Island. Selectperson Chaffee noted that many residents mentioned John Hay, and that it would be advisable to read the letter he wrote in relation to this issue. 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 Mr. Lombardi noted that this request is about being responsive to the concerns and questions we have heard from residents about the potential ecological impacts on Wing Island that we all share. For the work to be completed by Horsley Witten, they have developed a revised scope of work, the estimated cost of this work is $15K. An additional $15K is to be set aside for some other entity or organization to help peer review and update our earlier work in terms of management plan, ecological assessment and understanding potential impacts on the island from the carrying capacity analysis. Selectperson Hoffmann moved to approve the allocation of American Rescue Plan Act Funds for supplemental carrying capacity analysis, public outreach, and ecological assessment services related to the proposed Wing Island Boardwalk. Selectperson Chatelain 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 a.Articles 3 & 5: Faythe Ellis, CPC Chair Article 3:The funding request for Article 3 is for the relocation and restoration of Schoolhouse #3. The Brewster Historical Society proposes to take Schoolhouse #3 at 2342 Main Street and move it to their Windmill Village property at 51 Drummer Boy Road. The structure is the last remaining of the Town’s five 19th century schoolhouses, it will be reassembled and restored as a schoolhouse and will include a cranberry history display. The Historical Commission voted unanimously to recommend CPC support for this request and the CPC has agreed. The funding request includes an additional $10K, set aside to pay for historical consulting services related to the project. The funding source is the Historic Preservation Fund balance and the total project cost for the work is $357,200. The CPC voted 8-0-0 in favor of the project. Mr. Lombardi shared that there is a process that will have to be followed to move forward with the project if approved at Town Meeting. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 8 of 13 Office of: Select Board Town Administrator Selectperson Hoffmann moved to recommend Article 3 as described by Ms. Ellis and as edited. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 5: A request to change the Community Preservation Act funding formula, a new and improved version of the Spring Town Meeting article that was not acted upon. The changes to the article in summary have been made in response to citizens and committee members. Ms. Ellis provided an overview of the Community Preservation Act in Brewster, referenced the new plan, and discussed the recommendations. Mr. Lombardi noted that the largest change is that the bylaw requires that if in 5 years a new Community Preservation Plan identifies a different recommended target allocation policy, an amendment will be needed at Town Meeting. Selectperson Hoffmann moved to recommend Article 5 as described by Ms. Ellis. Selectperson Chatelain second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. b.Article 4: Elizabeth Taylor, Open Space Committee Chair Ms. Taylor stated that this article is to pay for the conservation restriction on a 4.925-acre parcel that abuts the Bakers Pond conservation area and Brewster Conservation Trust property. This parcel was purchased for passive recreation and access to trails in the area. The appraisal for the parcel was $440K and Open Space is asked to pay $250K for the conservation restriction. The parcel was pre- acquired by the Compact of Cape Cod in August 2021. Asking for $250K for CPC funds, plus $14K to cover any possible expenses that may be involved. Selectperson Hoffmann moved to recommend Article 4 as outlined in the draft warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. c.Articles 2,9 (re-vote), 10, 11,13, and 14 (Town Administrator) Mr. Lombardi gave an overview on each of the articles: Article 2 Capital Expenditures by Department 1.Select Board a.Drummer Boy Park Master Plan Update-Phase 1 construction- $255K from Free Cash; phase 1 includes improvements to the parking arrangement, select stormwater improvements, and pedestrian improvements. Phase 1 total cost is estimated at $750K, the Town will also apply for ARPA funds through Barnstable County for the balance of the costs. b.Sea Camps Comprehensive Planning- $175K from Free Cash; Town has applied for state grant funding of $75K. A solicitation has been issued and the initial responses for price proposals has led to this funding request. c.Updated Ponds Water Quality Report (IWRMP)- $50K from Water Quality Stabilization d.Sea Camps Interim Uses- $50K from Free Cash Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 9 of 13 Office of: Select Board Town Administrator e.Integrated Water Resource Planning/Implementation- $35K from Free Cash Selectperson Hoffmann moved to recommend items 1a through e under Article 2. 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. 2.Department of Public Works a.Sea Camps Pool Parking Lot - $250K from Free Cash; top goal of the Bay Property Planning Committee is to open the pool to residents next summer. b.Drainage/Road Maintenance- $225K from Free Cash; standing annual capital request, supplements our annual Chapter 90 funds from the state of $315K. c.Loader/Backhoe- $200K from Free Cash; critical for transfer center and snow and ice operations. d.Pick-up Truck- $60K from Free Cash; part of the ongoing fleet upgrades for the DPW. Selectperson Hoffmann moved to recommend items 2a through d under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 3.Police Department a.Vehicle Replacement-$115K from Free Cash; standing annual capital request, replacing two cruisers with hybrid models. b.Security Pen/Fencing-$50K from Free Cash; to have a similar arrangement as the Fire Department has, due in part to the new Dog Park and needing separation. c.Live Scan Data Sharing-$42,500 from Free Cash; replace existing equipment. Selectperson Hoffmann moved to recommend items 3 a, b, and c under Article 2. 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. 4.Fire Department a.Department Staffing and Organization Study- $40K from Free Cash/ Ambulance Fund. b.Assistance to Firefighter Grant Program Expenses- $32K from Ambulance Fund; for local matching requirements. Selectperson Hoffmann moved to recommend items 4 a and b under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 5.Natural Resources Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 10 of 13 Office of: Select Board Town Administrator a.Stony Brook Mill Retaining Wall & Fishway Improvements Permitting-$40K from Free Cash; already secured Town Meeting approval for funding. Other costs have been secured through grant funding. b.Walkers Pond Water Quality Improvements- $32K from Water Quality Stabilization Fund. Selectperson Hoffmann moved to recommend items 5 a and b under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 6.Facilities a.Town Hall Window Replacement-$150K from Free Cash; Town Meeting already approved some funding, basement level rooms A and B. b.Town Hall and Library Elevator Upgrades- $10K from Free Cash; State requirements have changed. c.Crosby Mansion Function Room HVAC- $25K from Free Cash; mini split units. d.Sea Camps Landscaping Equipment- $17,500 from Free Cash. Selectperson Hoffmann moved to recommend items 6 a through d under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 7.Recreation a.Freemans Fields Irrigation Repair & Maintenance- $20K from Free Cash. Selectperson Hoffmann moved to recommend item 7a under Article 2. 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. 8.Library a.Library Elevator Replacement - $300K from Free Cash; since there will be no major renovation, these upgrades are required by next Spring to be approved by the State. Selectperson Hoffmann moved to recommend item 8a under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 9.Information Technology a.Technology Upgrades/Replacement-$35K from Overlay/Free Cash; annual standing article Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 11 of 13 Office of: Select Board Town Administrator Selectperson Hoffmann moved to recommend item 9a under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 10.Assessors a.Valuation Services- $80K from Overlay; annual standing article request Selectperson Hoffmann moved to recommend item 10a under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 11.Water Department a.Tanks Exterior Painting Engineering- $110K from Water Retained Earnings, on Yankee Dr. b.Land Acquisition for Water Protection- $35K from Water Retained Earnings; to help with the acquisition costs of the Long Pond property. Selectperson Hoffmann moved to recommend items 11 a and b under Article 2. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 12.Golf Department (total of $730K) a.Maintenance Equipment Replacement- $380K from Golf Reserves; annual request b.Cart Path Improvements- $120K from Golf Reserves c.Additional HVAC/Boiler Upgrades- $75K from Golf Reserves; supplemental funding d.Irrigation Replacement Design- $75K from Golf Reserves; for all 36 holes e.Clubhouse Surroundings & Theme Enhancements- $30K from Golf Reserves f.Sink Hole Repairs- $20K from Golf Reserves g.Kitchen Equipment Replacement - $15K from Golf Reserves; annual request h.Replace Forward Tees- $15K from Golf Reserves Selectperson Hoffmann moved to recommend items 12 a through h under Article 2. 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. Article 9 Town Bylaw Amendment: Special Town Meeting Warrant Deadline- Revote Following the Board’s vote, Administration worked with Town Counsel to make sure the language in the bylaw amendment was clear and specific, these deadlines apply to citizen petitioned articles. Language was added that forecloses the Board from needing to wait 45 days to call a Special Town Meeting as long as they give 15 days’ notice. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 12 of 13 Office of: Select Board Town Administrator Selectperson Hoffmann moved to rescind the Select Board original vote on Article 9. Selectperson Chatelain second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved to recommend Article 9 as written in the draft warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 10 Local Comprehensive Plan Selectperson Hoffmann moved to recommend Article 10 as written in the draft warrant. Selectperson Bingham second. Mr. Lombardi commented if the LCP isn’t approved at Town Meeting, he doesn’t see a scenario where it would change the approach of the Board on the Wing Island Boardwalk project, if that is the case, thinks it is important to convey. 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. Article 11 Temporary Easements: Millstone Road Improvement Project The project does not include any permanent easement on private residential property; however, the Town needs secure access to a number of private properties on Millstone while construction is ongoing. Letter was sent to all 110 impacted residents that reviewed the process. There will be a standard methodology that will be applied to the temporary easements. Selectperson Hoffmann moved to recommend Article 11 around temporary easements on Millstone Road Improvement project as written in the draft warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 13 Creation of New Revolving Fund: Bay Property Pool This article is to put the Town in the best position to open the pool by next summer, this will separately account for both revenues and expenses related to the pool. Looking to increase the fiscal year spending limit to $200K in this article, based on feedback from the YMCA Cape Cod to understand the start up costs and year one operating costs. About $65K is directly related to purchasing equipment and the rest is operating expenses. These are preliminary and conservative estimates. Anticipate that we will be likely charging resident fees for use of the pool, it is not determined at this point what the fees will be. Selectperson Hoffmann moved to recommend Article 13 as amended in the draft warrant. 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. Article 14 Bay Property Pool Funding $200K from Free Cash to cover initial start-up expenses and year one operational costs. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 10.17.2022 www.brewster-ma.gov Page 13 of 13 Office of: Select Board Town Administrator Selectperson Hoffmann moved to recommend Article 14 as amended in the discussions and printed in the draft warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Vote to Close and Execute Fall 2022 Special Town Meeting Warrant Selectperson Hoffmann moved to close and execute the Fall 2022 Special Town Meeting Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham- yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0- No. For Your Information Ms. Kalinick noted that the Brewster Affordable Housing Trust has developed funding guidelines and an application process to apply to the Trust for funding of different types. Allocations of over $50K will require approval by the Select Board. This is a large milestone for the Trust as it was part of their 2022 goals. Next Thursday October 27th from 5pm -6.30pm at the Brewster Ladies Library a community housing forum and fair will be held. There are several assistance programs available to residents including: Covid Relief Fund, Rental Assistance Fund, Community Development Block Grant, Home Rehabilitation, Child Care Voucher Program, and Buy Down program, other agencies will also be there who provide assistance. Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Next Meetings November 7, November 10, and November 14, 2022 Adjournment Selectperson Hoffmann moved to adjourn at 9:28pm. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Bingham-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 Accompanying Documents in Packet: Agenda, TA Report documents, Consent agenda items, Eversource’s Draft 2023-2027 VMP, Wing Island Boardwalk Project documents, Allocation of ARPA funds, Fall 2023 STM Warrant Article information, FYIs. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 November 7, 2022 Ms. Faythe Ellis, Chair Community Preservation Committee Brewster Town Hall 2198 Main Street Brewster, MA. 02631 Chair Ellis, The Brewster Select Board continues to prioritize housing as an important goal in our Strategic Planning process. Due to the efforts of the Housing Coordinator, in the last year, the Town and the State approved an update to our Housing Production Plan. The Housing Program also submitted and received approval for a Local Action Unit application in conjunction with Serenity Brewster, adding 27 affordable rental units to our Subsidized Housing Inventory (SHI) and executed an approved Regulatory Agreement for two new Habitat Homes. In addition, we awarded a contract for the development of Community Housing off Millstone Road and became the lead community for the regional Community Development Grant Block funding. All these accomplishments are directly tied to the efforts of the Brewster Housing Coordinator. The CPC has been a key partner in the creation, acquisition, support, and preservation of community housing, through the funding of the Housing Coordinator position. We hope that the Community Preservation Committee and our residents will continue to financially support the vital position of Brewster’s Housing Coordinator. The Board and Town Administration have matched that commitment by funding the benefits portion of the position through the town budget. With the adoption of the updated Housing Production Plan, we have a great deal of critical work ahead of us. The need for housing that is affordable, sustainable, and safe is significant in our community. Together, we can continue the good work that benefits the economic and social well-being of the Brewster community. Thank you for all you and your committee do for the Town of Brewster. Dave Whitney, Chair Brewster Select Board Office of: Select Board Town Administrator 28 October 2022 David Whitney, Chair Select Board Town of Brewster 2198 Main Street Brewster, MA 02631 RE: Select Board Approval of the proposed conservation restriction (CR) on a 7.57 -acre parcel, 90 Squantum Path, Brewster/Harwich (reference attached map) Dear Mr. Whitney, On behalf of the Brewster Conservation Trust, I respectfully request that the Brewster Select Board vote to approve the attached CR pursuant to M.G.L. 184, ss. 31-33. The CR has been previously reviewed by the State EOEEA officials and will be sent to them for final approval after the Select Board's approval. The Elephant Walk conservation restriction is for a property at 0 Squantum Path, Brewster (and 90 Squantos Path, Harwich). This 7.57-acre property to be protected borders Hinckleys Pond, the Punkhorn Parklands and the Hinckley Pond CR to the northeast. The property lies within a Zone II area of Contribution to Public Water Supply and will connect and enhance wildlife and habitat protection within a BioMap2 critical natural landscape. The conservation restriction outlines the ecological values (e.g., wildlife habitat, water resource protection, biodiversity, trail connectivity, climate resiliency), prohibited and permitted acts and uses, public access, and legal description of the premises. Your approval of this CR will help preserve this property to ensure the many conservation benefits as described in the document. Upon final approval of the CR by the Town of Brewster, the Town of Harwich, and the State, The Brewster Conservation Trust and the Harwich Conservation Trust will be granted the CR by Jacob Brown and Earl Watson (Grantors) to preserve this land in perpetuity. The Town of Brewster Conservation Commission voted unanimously in support of this CR at its regular meeting on 25 October 2022. I have attached a letter from Chris Miller, Director, for your reference. Thank you in advance and please let me know if you have any questions. Sincerely, Amy Henderson Executive Director Cc: Peter Lombardi Punkhorn Parklands Elephant Walk Conservation Restriction 7.57-Acres BCT BCT TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREW STER-MA. GO V October 26, 2022 Brewster Conservation Trust 36 Red Top Road Brewster, MA 02631 RE: Letter of Support for Conservation Restriction Locus: 0 Squantum Path Assessors Map 41, Parcel 12 To Whom it May Concern, OFFICE OF CONSERVATION COMMISSION The proposed Conservation Restriction for the property noted above was reviewed by the Brewster Conservation Commission at its regularly -scheduled meeting on October 25, 2022. The Commission voted unanimously to support this Conservation Restriction as written for the property at 0 Squantum Path. If you have any questions, or if you need additional information, please do not hesitate to contact the Conservation Department at the number listed above. Sincerely, Chris Miller Director Cc: Brewster Select Board WWW.BREWSTER-MA.GOV ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 1 GRANTOR: Jacob F. Brown II & Earl E. Watson, Trustees, Nominee Trust u/d/t January 26, 1988 GRANTEE: Brewster Conservation Trust & Harwich Conservation Trust ADDRESS OF PREMISES: 90 Squantum Path, Brewster/Harwich, MA FOR GRANTOR’S TITLE SEE: Barnstable Land Court Registry Certificate # 190487 FOR PLAN OF RECORD SEE: Land Court Plan # 18475C; Lot 3 CONSERVATION RESTRICTION JACOB F. BROWN II & EARL E. WATSON, as TRUSTEES OF NOMINEE TRUST u/d/t January 26, 1988, with a mailing address of 100 Newbury Court Suite 313, Concord, MA 01742 owner of the Premises as defined herein, constituting all of the owners of the Premises as defined herein, for our successors and assigns (“Grantor”), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws and 26.U.S.C. Section 170(h), grant, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, and for nominal consideration, as a gift, with QUITCLAIM COVENANTS, to THOMAS M. EVANS, COLIN A. LEONARD, DONNA J. PETERSON, EDWARD RUBEL, PATTI A. SMITH, ANDREA SILBERT, MATTHEW CUSHING, BRUCE NIGHTINGALE, and NANCY POOR, as TRUSTEES of the HARWICH CONSERVATION TRUST, established under Declaration of Trust dated September 24, 1988 and recorded in the Barnstable County Registry of Deeds in Book 6456, Page 222, and in the Barnstable County Land Registry District as Document No. 615,918, as amended, with an office address at 947 Route 28, South Harwich, MA and a mailing address of P.O. Box 101, South Harwich, MA 02661, (“Primary Grantee”) and, JOSEPH BIERNAT, AMY CHESNUT, BETH FINCH, DEBRA JOHNSON, PETER JOHNSON, MARTIN KAMARCK, DONALD KEERAN, JOHN LAMB, STEPHEN McKENNA, HAL MINIS, BONNIE NEWMAN, ROGER V. O’DAY, PETER W. SOULE, CHARLES L. SUMNER, ROSEMARY VAN ANTWERP and SEAMUS WOODS, as Trustees of the BREWSTER CONSERVATION TRUST, under a Declaration of Trust dated June 22, 1983 and recorded with the Barnstable County Registry of Deeds in Book 3791, Page 25, and as Document # 325521 on Certificate of Title # 94635, as amended, with an address of ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 2 36 Red Top Road, Brewster, MA, 02631, their permitted successors and assigns, (“Secondary Grantee”), the following Conservation Restriction on land located in the Towns of Brewster and Harwich, County of Barnstable, Commonwealth of Massachusetts, containing the entirety of an approximately 7.57-acre parcel (“Premises”), which Premises is more particularly described in Exhibit A and shown in the attached sketch plans in Exhibit B and Exhibit C, all of which are incorporated herein and attached hereto. I. PURPOSES: This Conservation Restriction is defined in and authorized by Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purpose of this Conservation Restriction is to assure that the Premises will be maintained in perpetuity for conservation purposes, in a natural, scenic and undeveloped condition, and to prevent any use or change that would impair or interfere with its conservation and preservation values (“conservation values”). The conservation values include the following: • Open Space Protection. The Premises contributes to the protection of the scenic and natural character of Brewster and Harwich and its protection will enhance the open-space value of the Premises as well as other protected open space parcels, including land-trust owned parcels immediately north and abuts the Town of Brewster’s Punkhorn Parklands to the west (900+ acres). (See Appendix I in Baseline.) • Protection of Wildlife Habitat. The Premises contains Massachusetts Natural Heritage & Endangered Species Program (“NHESP”) Priority Habitat for Rare Species and Estimated Habitat for Rare Species. The Premise falls completely within BioMap2 Critical Natural Landscape. BioMap2, published in 2010, was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap2 is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. Therefore, the protection of the Premises aligns with NHESP’s wildlife and habitat protection objectives and would ensure perpetual protection for each of these state-recognized habitats. (See Appendix L in Baseline.) • Anadromous Fish Habitat. In 1978 the Massachusetts Coastal Zone Management Program identified Hinckley’s Pond as a spawning pond, part of the anadromous fish run in Herring River, which has seen as many as 247,000 fish migrate upstream annually in the past decade, according to the Association to Preserve Cape Cod, one of the top three runs on Cape Cod. The Premises protects about 500 feet of wooded shoreline on the Pond. • Water Quality Protection. The Premises falls within the Department of Environmental Protection’s Zone II Area of Contribution, the protection of which is critical to maintaining ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 3 the public drinking water supply. In addition, the Premises contributes to the watershed and recharge areas to both the Herring River, Harwich’s herring run, and Hinckley’s Pond, a Commonwealth Great Pond in Brewster and Harwich. (See Appendix K in Baseline.) In 2002, The Compact of Cape Cod Conservation Trusts, Inc. produced a Priority Ponds Project that identified the Premises as one of the Top 200 most important pondshore parcels to protect on Cape Cod. • Forest Protection. In 2015, the Massachusetts Division of Fisheries and Wildlife completed an update to the State Wildlife Action Plan (SWAP) presenting 570 Species of Greatest Conservation Need in the Commonwealth and 24 types of habitat to support these species. One large-scale habitat described within the SWAP is Pitch Pine-Oak Upland Forest, which provides large woody habitats for reptiles, amphibians and invertebrates, and food sources for mammals and insects (Chapter 4, p. 52). About 90 Percent of the Premises is composed of mature pitch pine/oak woodland with no invasive species. (See Appendix M in Baseline.) • Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan (RPP), amended in 1996, 2002 2009, 2012, and 2018 which provided, inter alia (references are to the 2018 RPP): • “To protect, preserve, or restore wildlife and plant habitat to maintain the region’s natural diversity” (Wildlife and Plant Habitat Goal, p. 55). In reference to this Wildlife and Plant Habitat Goal, the RPP states, “For many years habitat loss due to development has been the primary threat to the region’s habitats” (p. 32); • “To conserve, preserve, or enhance a network of open space that contributes to the region’s natural and community resources and systems” (Open Space Goal, p. 55). In reference to this Open Space Goal, the RPP states, “[t]he open space of the Cape is critical to the health of the region’s natural systems, economy, and population. Open space provides habitat for the region’s diverse species and protection of the region’s drinking water supply” (p. 30); and, Granting this Conservation Restriction will advance each of these goals. The Wildlife and Plant Habitat Goal will be advanced because the Premises lies primarily within an NHESP Priority Habitat of Rare Species. Additionally, the Premises lies entirely within an NHESP BioMap2 Critical Natural Landscape. This Conservation Restriction will ensure that these important habitats remain undisturbed in perpetuity. The Open Space Goal will be served in preventing development on the Premises. Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster’s documented goals regarding conservation of land. In 2020, the Town of Brewster outlined its conservation goals in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town’s ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 4 goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. Additionally, the Town of Brewster has adopted a Conservation Restriction Program (“CRP”), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, to encourage the use of conservation restrictions as a means of “preserving open space, forest lands, and natural habitat of fish, wildlife or plants and providing scenic enjoyment, outdoor recreation and education of the public” in perpetuity. The Program further specified that purposes of a conservation restriction could include the following: o preserve important natural habitats and rare species; o to prevent the cutting of trees or forests; o to protect groundwater quality for drinking purposes; o protect a shoreline; and, o limit or prevent construction on land of natural resource value. This Conservation Restriction therefore aligns well with the Town of Brewster’s Conservation Restriction Program. Consistency with Clearly Delineated Town of Harwich Conservation Policy. Protection of the Premises will further the Town of Harwich documented goals regarding conservation of land. In 2010, the Town of Harwich outlined its conservation goals in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town’s goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters: • Goal II, Objective I: Identify parcels for acquisition…that would contribute to the town’s open space goals and objectives. Encourage acquisition of parcels that abut existing conservation and open space land. Particular emphasis should be placed on: …Rare species habitat and other critical habitat and natural communities, including the state’s BioMap and Living Waters Map; • Goal VI: Preserve and Enhance the Following Natural Resources: Groundwater and Surface Water; Coastal Water and Adjacent Shoreline Areas; Inland and Coastal Wetlands; and Wildlife and Plant Habitats; o Objective 1. Maintain the overall quality and quantity of Harwich’s ground water to ensure a sustainable supply of high quality, minimally treated drinking water; o Objective 8. Preserve, protect and enhance the quality and quantity of inland and coastal wetlands in Harwich; o Objective 9. Continue to prevent the loss or degradation of critical wildlife and plant habitats, minimize the impact of new development on wildlife and plant habitats, and maintain existing populations and species diversity. Additionally, the Town of Harwich has adopted a Conservation Restriction Program, consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 5 Commission in 1991, which specified that purposes of a conservation restriction could include the following: o to prevent disturbance of wetlands; o to protect groundwater quality for drinking purposes; o to prevent the cutting of trees or forests; o to preserve important natural habitats and rare species; o to limit or prevent construction on land of natural resource value; and, • Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of “conservation purposes” as defined in 26 CFR 1.170A- 14(d)(1), because its conservation would contribute to the preservation of open space located adjacent to several other parcels already conserved, owned variously by the Town of Brewster, the Brewster Conservation Trust and the Harwich Conservation Trust; These and other conservation values of the Premises, as well as its current uses and state of improvement, are described in a Baseline Documentation Report (“Baseline Report”) prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and referenced herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, and (ii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant other than the Baseline Report, should the Baseline Report be unavailable or if it does not adequately address the issues presented. II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES A. Prohibited Acts and Uses Subject to the exceptions set forth herein, the Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: (1) Constructing, placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, road, wind turbine, antenna, utility pole, tower, ground-mounted solar array, conduit, line or other temporary or permanent structure or facility on, above or under the Premises; (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit or otherwise making topographical changes to the area; ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 6 (3) Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings generated off-site, waste or other substance or material whatsoever or the installation of underground storage tanks; (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation, except as outlined in the Reserved Rights and Exceptions; (5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, wildlife habitat, or archaeological conservation; (6) Hunting and trapping; animal husbandry or the keeping of horses; (7) Use, parking or storage of vehicles including motorcycles, mopeds, all-terrain vehicles, trail bikes, or any other motorized vehicles on the Restricted portion of the Premises (i.e., in Brewster) except for vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their official duties or as necessary for the mobility impaired; (8) Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel. The development rights which are encumbered and extinguished by this Conservation Restriction shall not be transferred to any other property pursuant to a transferable development rights plan, cluster development plan, or otherwise; (9) The use of the Premises for business, industrial use, or commercial recreation; (10) Any other use of the Premises or activity which is inconsistent with the purpose of this Conservation Restriction or which would impair its conservation values. B. Reserved Rights and Exceptions The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not impair the conservation values or purposes of this Conservation Restriction. (1) Vegetation Management. The selective minimal removing of brush, pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the present condition of the Premises, including vistas as documented in the Baseline Report, woods roads and trails; the harvesting firewood for personal use, not to exceed one (1) cord per year; (2) Non-Native or Nuisance Species. The removal of non-native or invasive species, the interplanting of native species, and the control of species in a manner that minimizes damage to surrounding, non-target species and preserves water quality; ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 7 (3) Composting. The stockpiling and composting of stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises, provided that such stockpiling and composting is in locations where the presence of such activities will not impair the conservation values (including scenic values) of this Conservation Restriction. No such activities will take place closer than one hundred (100) feet from any wetland, waterbody or stream. All exercise of this reserved right shall take into account sensitive areas and avoid harm to nesting species during nesting season; (4) Wildlife Habitat Improvement. With the prior written approval of Grantees, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species; (5) Signs. The right to install and maintain small signs with respect to hunting, trespass, identity of Grantor and Grantees, the protected conservation values (but specifically not any listed rare species), and similar signs, so long as such signage is consistent with the purposes of this Conservation Restriction; (6) Outdoor Passive Recreational Activities. The Grantor and its invitees, but not the general public, are permitted to conduct non-commercial, passive recreational uses of the Premises Passive outdoor recreation activities may include walking, camping, jogging, cross-country skiing, bird watching, hiking, wildlife observation, nature study, photography, sketching, painting, and other similar activities that do not conflict with the conservation values and that are permitted by law; (7) Trails. The right to create, modify, use (limited to such uses as described in this Paragraph B) and abandonment of foot trails, and the placement of simple sitting benches along said foot trails and at the pond shore, provided that the Grantor provide notice to the Grantees prior to constructing any new foot trails; the right to install, maintain, replace and use the existing path and stairs to the pond shore over the pond bank on the northeastern portion of the Premises and the trail on the southeastern portions of the Premises as described in the Baseline; (8) Use of Maintenance Vehicles. The right to use maintenance vehicles onsite in the care of the Premises; (9) Unauthorized Vehicles & Dumping. Active measures taken, with Grantees’ permission, in order to prevent unauthorized vehicle entry and dumping; (10) Road Improvement. The improvement of East Gate Road and Squanto’s Path and the driveway into the Premises for safe vehicular passage, proper drainage and fire control, so long as they are not surfaced with impervious materials, relocated or otherwise altered from their historic rural character; ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 8 (11) Utilities. The installation of underground (only) utilities to serve the single family dwelling and permissible outbuildings in the Building Envelope (only). Solar panels and associated lines and equipment are permitted on any allowed structure, but panels may not be mounted on the ground. (12) Site Restoration. Any work undertaken in conjunction with the Reserved Rights described in this Paragraph B shall seek to minimize disturbance to the Conservation Values and other natural features within the Premises that may be impacted as a result of exercising of any of the Reserved Rights described herein. Upon completion of any site work performed in conjunction with the Reserved Rights described in this Paragraph B, any disturbed areas shall be restored substantially to the conditions with respect to soil material, grade, and vegetated ground cover as documented in the Baseline Report, as applicable, or in conformance with the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work, if said work is done in any area not documented in the Baseline Report. (13) Permits, Regulations, Laws. The exercise of any right reserved by Grantor under this Paragraph B shall be in compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantees or the Commonwealth takes any position whether such permit should be issued. (14) Best Management Practices. The exercise of any right reserved by Grantor under this Paragraph B shall follow, when available and if applicable, established, up to date, and regionally applicable Best Management Practices or similar standards developed by a governmental agency or other entity with known expertise in the area of practice and designed to protect the natural features potentially affected by the action(s). C. Building Envelope. There is located within the Premises an area of one (1) acre, more or less, and defined as within the portion of the Premises within the corporate limits of the Town of Harwich (see Exhibit A, B & C), known herein as the “Building Envelope,” in which additional rights are allowed by right to the Grantors, subject to certain limitations described below. The specifications of structures and accessories and uses within said Building Envelope area as follows: (1) Subject to the regulations of the Town of Harwich, Grantor shall have the right to rebuild, reconstruct, repair, maintain, replace and expand the existing single-family dwelling located on the Premises, and to construct, repair, maintain, replace and expand an additional single-family dwelling or accessory dwelling unit, and allow utilities relevant thereto so long as the dwellings and/or units, new or replaced, meet the following dimensional limitations and other conditions: a. Said units or their expansion or relocation are located no closer to the top of the bank of Hinckleys Pond than currently exists; ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 9 b. Said units do not exceed, at any point in time, a cumulative gross floor area, as defined hereinbelow, of Three Thousand (3,000) square feet.1 (2) Gross floor area for the purposes of this Conservation Restriction shall be defined as the sum of the gross horizontal area located on one ground floor only of all buildings on the Premises as measured from the exterior face of exterior walls, without deduction for hallways, stairs, closets, thickness of walls, columns or other features, which are capable of being used for human occupancy, including living, sleeping, cooking, eating, or heated storage purposes. Finished portions of attic, garage, or other outbuilding space (but not basements) that meet these definitions shall be included in the calculation of total gross floor area. (3) In the event of a new or relocated dwelling or unit being constructed or expanded within the Building Envelope, the Grantor agrees to submit to the Grantees sufficient stamped engineered plans and other materials necessary for the Grantees to make an informed judgment as to compliance regarding the size of the total net area and location of the dwelling within the parameters provided in this Section II.C. 1, and give said notice to Grantors as described in Section D herein. (4) Grantor agrees to remove any former dwelling and its debris from the Premises within six (6) months of the issuance of the occupancy permit for any new dwelling, so that the effect will be to maintain no more than two (2) dwellings in the Building Envelope; (5) Subject to local permitting authority, there is no limit on the number or size or use of other structures within the Building Envelope, so long as they contain no habitable space, are not sited below the topographic contour that is Sixty (60) feet above mean sea level, and are not located within Fifty (50’) feet of the top of the pond bank or within One Hundred (100’) feet of Hinckleys Pond, whichever is more; (6) Outdoor patios of impermeable material may be installed, maintained and replaced for up to a combined total of One Thousand Three Hundred (1300) square feet adjoining the permitted dwellings; and, (7) The Building Envelope shall not be used for the purpose of calculating the amount of Grantor’s land or any other person’s land for subdivision, permissible lot or residential units yield beyond the unit described hereinabove, nor shall the Building Envelope or the remainder of the Premises be used as off-site open space or nitrogen mitigation credit for development projects. (8) No portion of any residential or non-habitable structure within the Building Envelope maybe sited below the topographic contour that is Sixty (60’) feet above mean sea level. 1 In 2022, the Town of Harwich assessors’ card determined that there is One Thousand Six Hundred and Seventy-six (1,676 sq. ft.) square feet in the gross floor area of the existing dwelling. ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 10 (9) A second dwelling or accessory dwelling unit may only be constructed during the ownership tenure of Jacob F. Brown II and Barbara C. Brown and their lineal descendants. If no second dwelling or accessory dwelling unit has been built by the time that ownership is conveyed to a person or entity who is not related by blood to said Browns, then this right to create the second unit is terminated and the total gross floor area of living space cited in Section C.1.b hereinabove shall be reduced from Three Thousand and 00/00 (3,000.00) square feet to Two Thousand and 00/100 square feet. (10) The Grantors may conduct office work from the dwellings associated with remote work-from-home activities. D. Notice and Approval. Whenever notice to or approval by Grantees is required, Grantor shall notify each Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit the Grantees to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantees’ approval is required, Grantees shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor’s request. Grantees’ approval shall not be unreasonably withheld but shall only be granted upon a showing that the proposed activity shall not impair the purposes of this Conservation Restriction. Where Grantees’ approval is required, the Secondary Grantee, within thirty (30) days of receipt of Grantor’s request, shall notify the Primary Grantee of the Secondary Grantee’s decision. Within sixty (60) days of the Primary Grantee’s receipt of Grantor’s request, the Primary Grantee shall either affirm, amend or reverse the decision of the Secondary Grantee, shall notify the Secondary Grantee thereof in writing, and shall issue its decision to the Grantor in writing. The Primary Grantee’s decision shall in all cases be the final and controlling decision binding on both Grantees. In the event that no decision is received from the Secondary Grantee within thirty (30) days, the Primary Grantee shall proceed to issue its decision within sixty (60) days of Grantor’s request. Grantees’ approval shall only be granted upon a showing that the proposed activity will minimize impacts to the Conservation Values and will not materially impair the Purposes and/or Conservation Values. Grantees may require Grantor to secure expert review and evaluation of a proposed activity by a mutually agreed upon party. Grantees agrees to use reasonable diligence to respond to Grantor’s request within 60 days of delivery. Grantees’ failure to respond within the sixty (60) calendar day period shall be deemed a denial of the request (hereinafter, a “Deemed Denial”). A Deemed Denial is not final or binding on Grantees, and Grantor may submit the same or a similar request for approval. III. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief. ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 11 The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantees for the enforcement of this Conservation Restriction. Grantees agree to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantees determines there is no ongoing diminution of the conservation values of the Conservation Restriction. Prior to instituting litigation to enforce any violations of this Conservation Restriction, the Grantees shall first notify the Grantor and request the Grantor to remedy the violation; if the violation is not remedied within sixty (60) days, then the parties shall make a good faith effort to mediate the dispute before litigation is commenced, provided the Grantor ceases the violation immediately upon receipt of notice of the violation and makes a good faith effort to remedy the violation. Grantees shall not, however, have the right to bring an action against Grantor with respect to a violation of this Conservation Restriction by trespassers or other third persons whose entry on the Premises is not authorized or not voluntarily acquiesced in by Grantor; Grantor agrees that Grantor will not voluntarily acquiesce in any violation of this Conservation Restriction by trespassers or such other third persons; and Grantor further agrees that Grantor will make reasonable efforts to deter such activities and to remedy the violation and will cooperate with Grantees to enforce this Conservation Restriction against trespassers and such other third persons. Grantor covenant and agree to reimburse to Grantees all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked. Coordination between Primary and Secondary Grantee. Whenever there is a question of whether there is a violation of this Conservation Restriction, or how to proceed in addressing the violation, the Primary Grantee shall consult with the Secondary Grantee. The Primary Grantee shall then determine whether there is a violation and how to proceed in addressing the violation. The Primary Grantee’s decision shall in all cases be the final and controlling decision binding on both Grantees. In the event that no response is received from the Secondary Grantee within thirty (30) days, the Primary Grantee shall notify Grantor and proceed as provided in Section II.D. B. Non-Waiver. Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantees. Any election by the Grantees as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 12 C. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantees do not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantees or its agents. D. Acts Beyond the Grantors’ Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantees to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor’s control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantees will cooperate in the restoration of the Premises, if desirable and feasible. IV. ACCESS The Grantor hereby grants to the Grantees, or its duly authorized agents or representatives, the right to enter the Premises (i) after reasonable notification, at reasonable times and in a reasonable manner, for the purpose of inspecting the Premises to determine compliance with the provisions of this Conservation Restriction or to enforce it; and, (ii) after sixty (60) days prior written notice, except in an emergency in which case notice shall be given as soon as is practicable, to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy, abate or enforce any violation hereof unless the Grantor have prior to the expiration of said sixty (60) days given written notice to the Grantees reasonably addressing all alleged violations and setting forth a reasonable plan to remedy any such alleged violation and has made reasonable efforts to cease the activity or to begin remediation. The Grantor also grants to the Grantees, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. This Conservation Restriction shall have no effect on pre-existing rights of the public, if any, to pass or repass with vehicles on Squanto’s Path (also known as Squantum Road), as said way passes through the Premises. V. EXTINGUISHMENT A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 13 and approval by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph B below, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantees shall use their share of the proceeds in a manner consistent with the conservation purpose set forth herein. B. Proceeds. Grantor and Grantees agree that the conveyance of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantees, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the conveyance, bears to the value of the unrestricted Premises. The proportionate value of the Grantees’ property right is as of the Effective Date (See Paragraph XII) and will be determined by an appraisal. Such proportionate value of the Grantees’ property right shall remain constant. The Grantees shall share equally in any net proceeds they are entitled to. In order to establish these values, Grantor shall provide Grantees with a complete copy of any qualified appraisal performed for Grantor, as may be required under the Internal Revenue Code. C. Grantor/Grantees’ Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantees shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantees shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantees in accordance with Paragraph V.B above, after complying with the terms of any law, gift, grant, or funding requirements. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantees shall use their share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. VI. DURATION & ASSIGNABILITY A. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments. The Grantees are authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of itself and its successors and assigns, appoints the Grantees its attorneys- in-fact to execute, acknowledge and deliver any such instruments on their behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantees, except in the following instances: ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 14 As a condition of any assignment, the Grantees shall require that the purpose of this Conservation Restriction continues to be carried out; that the Assignee is not an owner of the fee in the Property, and the Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantees not less than twenty (20) days prior to the execution of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Primary Grantee shall, within thirty (30) days written notice, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor’s compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction as may be requested by the Grantor. IX. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantees agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner. X. EFFECTIVE DATE ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 15 This Conservation Restriction shall be effective when the Grantor and the Grantees have executed it, the administrative approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in a timely manner in the Barnstable Land Registry District. XI. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: Jacob F. Brown II & Earl E. Watson, Trustees 100 Newbury Court Suite 313, Concord, MA 01742 To Co-Grantees: Harwich Conservation Trust P.O. Box 101 S. Harwich MA 02661 and, Brewster Conservation Trust 36 Red Top Road Brewster MA 02631 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XII. GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Chapter 184, Sections 31, 32, and 33 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 16 XIII. MISCELLANEOUS A. Pre-Existing Public Rights. Approval of this Conservation Restriction pursuant to Chapter 184, Section 32 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non- existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre- existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. Subordination. The Grantors shall record in the Barnstable Land Registry District simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. C. Homestead Waiver. The Grantors hereby release, agree to waive, subordinate, and release any and all Homestead rights pursuant to Chapter 188 of the Massachusetts General Laws it may have in favor of this Conservation Restriction with respect to any portion of the Premises affected by this Conservation Restriction, and hereby agree to execute, deliver and/or record any and all instruments necessary to effectuate such waiver, subordination and release. In all other respects, the Grantors reserve and retain any and all Homestead rights, subject to this Conservation Restriction, pursuant to Section 10(e) of Chapter 188 of the Massachusetts General Laws. D. Attached hereto and incorporated herein by reference are the following: Signature pages: Grantors – Jacob F. Brown II & Earl E. Watson, Trustees Grantee Acceptance – Harwich Conservation Trust Grantee Acceptance – Brewster Conservation Trust Approval by Brewster Select Board Approval by Harwich Board of Selectmen Approval of the Secretary of Energy and Environmental Affairs. Exhibits: Exhibit A: Description of Premises Exhibit B: Reduced Copy of Plan of Premises Exhibit C: Sketch of Building Envelope ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 17 WITNESS our hands and seals this ____day of ___________________, 2022, GRANTOR: Nominee Trust u/d/t January 26, 1988 BY: Jacob F. Brown II, Trustee, and not Individually COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2022, before me, the undersigned notary public, personally appear, Jacob F. Brown, Co-Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of the Trust. ______________________________ Mark H. Robinson, Notary Public My Commission Expires: 8 July 2027 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 18 WITNESS our hands and seals this ____day of ___________________, 2022, GRANTOR: Nominee Trust u/d/t January 26, 1988 BY: Earl E. Watson, Trustee, and not Individually COMMONWEALTH OF MASSACHUSETTS ___________________, ss: On this day of , 2022, before me, the undersigned notary public, personally appear, Earl E. Watson, Co-Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of the Trust. ______________________________ Notary Public My Commission Expires: ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 19 TRUSTEES’ CERTIFICATE Nominee Trust u/d/t January 26, 1988 was formed in 1988 as described in Document No. 449917 and noted on Certificate of Title No. 113488, recorded in the Barnstable Land Registry District, and is currently in full force and effect and has not been revoked. The current Co-Trustees are Jacob F. Brown II & Earl E. Watson. Insofar as it may be required by the instrument, the beneficiaries have consented to the transfer of a Conservation Restriction on 90 Squanto’s Path in Brewster and Harwich MA to the Harwich Conservation Trust and Brewster Conservation Trust on or about the ____ day of _________________ 2022. The beneficiaries are of full age and competent. WITNESS my hand and seal this ____day of ___________________, 2022, Nominee Trust u/d/t January 26, 1988 BY: Jacob F. Brown II, Trustee, and not Individually COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2022, before me, the undersigned notary public, personally appear, Jacob F. Brown, Co-Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of the Trust. ______________________________ Mark H. Robinson, Notary Public My Commission Expires: 8 July 2027 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 20 WITNESS my hand and seal this ____day of ___________________, 2022, Nominee Trust u/d/t January 26, 1988 BY: Earl E. Watson, Trustee, and not Individually COMMONWEALTH OF MASSACHUSETTS ___________________, ss: On this day of , 2022, before me, the undersigned notary public, personally appear, Earl E. Watson, Co-Trustee, and proved to me through satisfactory evidence of identification which was personal knowledge to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, on behalf of the Trust. ______________________________ Notary Public My Commission Expires: ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 21 WAIVER OF HOMESTEAD RIGHTS The undersigned parties, who have beneficial interests in the Premises or are a spouse or ex-spouse of a beneficiary, hereby agree to waive, subordinate, and release any and all Homestead rights pursuant to Chapter 188 of the Massachusetts General Laws they may have in favor of this Conservation Restriction with respect to any portion of the Premises affected by this Conservation Restriction. In all other respects, the parties reserve and retain any and all Homestead rights, subject to this Conservation Restriction, pursuant to Section 10(e) of Chapter 188 of the Massachusetts General Laws. __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ __________________________________ ____________________________________ COMMONWEALTH OF MASSACHUSETTS ___________________, ss: On this day of , 2022, before me, the undersigned notary public, personally appeared, _______________________________________________________ ______________________________________________________________________________ ________________________________, and proved to me through satisfactory evidence of identification which was personal knowledge to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 22 ACCEPTANCE OF GRANT BY TRUSTEES OF THE BREWSTER CONSERVATION TRUST Pursuant to a vote of the Board of Trustees to accept the above Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co-Trustees, the Trustees accept said Restriction this ___ day of _______________, 2022. THE BREWSTER CONSERVATION TRUST By its Trustees, Martin Kamarck, Trustee & President COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. Date: ________________________, 2022 Then personally appeared the above-named Martin Kamarck, Trustee of the Brewster Conservation Trust, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the person whose name is signed on the document, and acknowledged the foregoing instrument to be the free act and deed of the Trustees of the Brewster Conservation Trust, before me. Mark H. Robinson, Notary Public My commission expires: 8 July 2027 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 23 ACCEPTANCE OF GRANT BY TRUSTEES OF THE HARWICH CONSERVATION TRUST Pursuant to a vote of the Board of Trustees to accept the above Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co-Trustees, the Trustees accept said Restriction this ___ day of _______________, 2022. THE HARWICH CONSERVATION TRUST By its Trustees, Thomas M. Evans, Trustee & President COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. Date: ________________________, 2022 Then personally appeared the above-named Thomas M. Evans, Trustee of the Harwich Conservation Trust, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the person whose name is signed on the document, and acknowledged the foregoing instrument to be the free act and deed of the Trustees of the Brewster Conservation Trust, before me. Mark H. Robinson, Notary Public My commission expires: 8 July 2027 ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 24 APPROVAL OF BOARD OF SELECTMEN We, the undersigned, being a majority of the Board of Selectmen of the Town of Harwich, hereby certify that at a public meeting duly held on ___________, 2022, the Selectmen voted to approve the foregoing Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co- Trustees to the Harwich Conservation Trust and the Brewster Conservation Trust in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. TOWN OF HARWICH BOARD OF SELECTMEN: Chair COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2022, before me, the undersigned notary public, personally appeared ___________________, Chair, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 25 APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ___________, 2022, the Select Board voted to approve the foregoing Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co-Trustees to the Harwich Conservation Trust and the Brewster Conservation Trust in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. TOWN OF BREWSTER SELECT BOARD: Chair COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2022, before me, the undersigned notary public, personally appeared ___________________, Chair, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 26 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., to the Town of Brewster acting by and through its Conservation Commission has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: ________________, 2022 BETHANY A. CARD Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2022, before me, the undersigned notary public, personally appeared BETHANY A. CARD, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 27 EXHIBIT A Description of the Premises The Premises subject to this Conservation Restriction is the entirety of a parcel of registered land and buildings located in the Towns of Brewster and Harwich, Barnstable County, Commonwealth of Massachusetts, containing a total of 7.57 acres, and shown as Lot 3 on Land Court Plan 18475-C, a reduced copy of which is attached hereto as Exhibit B, known herein as the “Premises.” Within the Premises, there is an area of the land in Harwich called the “Building Envelope,” reserved for residential uses as described in Paragraph II.C hereinabove. See Exhibit C attached hereinbelow. The Building Envelope is more particularly bounded and described as follows: Beginning at a concrete bound as shown on Land Court Plan 18475-C located on the southerly sideline of the Premises on the intersection with the town boundary line between Brewster and Harwich; thence running, Northerly along said town line to a point of intersection with the 60-foot above mean sea level topographic contour; thence turning and running, Easterly and Southerly along said 60-foot contour to a point of intersection with a line running parallel with and extrapolated from the pond-facing side of the existing dwelling owned by the Grantors, so-called Elephant Walk; thence turning and running, Southwesterly along said line along the pond-facing side of the dwelling to a point on the southerly sideline of the Premises; thence turning and running, Northwesterly along said southerly sideline to the point of beginning. Said Building Envelope incorporates one (1) acre, more or less, of the 2.6 acres within the Harwich portion of the Premises. The remainder of the Premises (that portion in Brewster) is known as the “Restricted Area” in which none of the residential-specific uses are allowed. For Grantor’s title, see Land Court Certificate # 190487. Town of Brewster Assessors Map 41, Parcel 12 (4.9 acres) 90 Squanto’s Path, Brewster Town of Harwich Assessors Map 100, Parcel G1-1 (2.6 acres) 90 Squantum Path, Harwich ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 28 EXHIBIT B Reduced Copy of Plan of Premises For official full size plan see LAND COURT PLAN 18475-C. All of Lot 3 = “Premises” ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 29 EXHIBIT C Sketch of Building Envelope in Harwich ELEPHANT WALK (BROWN) CONSERVATION RESTRICTION BREWSTER & HARWICH, MA 25 APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ___________, 2022, the Select Board voted to approve the foregoing Conservation Restriction from Jacob F. Brown II & Earl E. Watson, Co-Trustees to the Harwich Conservation Trust and the Brewster Conservation Trust in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. TOWN OF BREWSTER SELECT BOARD: Chair COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2022, before me, the undersigned notary public, personally appeared ___________________, Chair, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: Number of attendees anticipated? Who will serve the liquor? Name: Steven Frissora Address: 17 Twinturn Drive Brewster MA 02631 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: Brewster Sportsman's Club Phone: (774) 353-0262 280 Tubman Road Brewster MA 02631 Applicant's Address: Type of Event: High School Hockey Championship Pizza Party Location and Address where Liquor will be served if different from Applicant's Address: Date and hours requested for Licensed Authorization to serve Liquor: Day: Nov 11, 2022 Times: 5-10 Types of Liquor to be served: Beer, Wine Will food be provided? NO 120 Contact phone number(s) for Server(s): (508) 534-8722 FEE= $3 .: _ .lion 1c b Date: � C� � ing f. Licensing Authority's Approval: Date T: � o IlUll oyllU�, �� t ;111 • -O - r 4447 %prolog: Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Susan Broderick, Human Resources Director RE: Comp Time Limits for Seasonal Personnel Bylaw Employees DATE: November 1, 2022 Office of: Human Resources At the Select Board's July 25th meeting the Board voted to approve modifications to Section 3.4-2 and 3.4-3 of the Personnel Bylaw agreement to increase the maximum amount of compensatory time from three (3) days to fifteen (15) days for three positions that are more seasonal in nature, the Crosby Property Manager, Assistant Golf Operations/Pro Shop Manager, and the Assistant Operations Manager/Head Golf Professional. The Director of Golf Operations has asked that this same consideration be given to the Superintendent of Golf Maintenance. ;Vol 4.;40 �f ' ; E =,' 1!1!.,,11 >- w * '�o"olli ninmuOw 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: Comp Time Limits for Seasonal Personnel Bylaw Employees DATE: July 22, 2022 Office of: Select Board Town Administrator In the latest round of Personnel bylaw contract updates, we limited comp time accrual to no more than three (3) days for all non-union employees. For a few positions that are more seasonal in nature, requiring significantly higher hours in the summer months, we are looking to increase that limitation to continue to fairly manage their workload and provide consistent compensation. Accordingly, we are seeking Select Board approval of modifications to Sections 3.4-2 and 3.4-3 of the Personnel bylaw agreements to increase the maximum amount of compensatory time to fifteen (15) days for the following positions: Crosby Property Manager, Assistant Golf Operations / Pro Shop Manager, and Assistant Operation Manager / Head Golf Professional. An employee who receives a promotion shall be compensated at a rate of pay that the appointing authority believes the employee's qualifications and performance warrants, provided that the pay rate is within the approved pay range for the position he/she shall hold, in accordance with the then -current compensation plan. 3.3 Performance Appraisal 3.3-1 Policy There shall be an annual performance appraisal for each employee. The nature of the evaluation shall be determined by the Town Administrator. It is the intention of the town to link compensation with performance. 3.3-2 Coverage All full time and part time employees in accordance with Section 36-2 of Chapter 36 of the Code of the Town of Brewster. 3.3-3 Procedures The nature of the performance evaluation system, the type of foims and process established shall be determined by the Town Administrator and he/she shall be responsible for the administration of the performance evaluation system that is established. (**Also see Section 6.12 Performance Appraisal Process**) 3.4 Overtime 3.4-1 Policy The Town shall pay overtime, when authorized, in conformance with the Fair Labor Standards Act (FLSA). Department heads shall be responsible for the control and authorization of overtime. Overtime work shall be authorized at the discretion of a Department Head, with consideration given to the department's budget and staffing options. Executive, administrative and professional employees shall be entitled to compensatory time off (hour for hour) for time worked in excess of a normal workweek of 35-40 hours per week as established by the classification plan. The Town Administrator may grant compensatory time in accordance with the FLSA. 3.4-2 Employees Covered by the Overtime Policy All employees, excluding all executive, administrative and professional employees, and salaried Department Heads, shall be entitled to overtime in accordance with the FLSA. Town of Brewster Personnel Bylaw Policies and Procedures 18 (a) All work performed by hourly employees that extends beyond thirty-five (35) hours in a work week, but less than forty (40) hours shall be compensated at straight time rates. Work performed in excess of forty (40) hours in a workweek shall be compensated at time and one half (1%2). For those employees who are required to attend meetings by their department head, those employees shall receive compensation at a rate of time and one-half (11/2) their normal rate of pay. In the event the employee must work these additional hours, they may request compensatory time or monetary value, provided the funds are available in the depai tiuental budget. However, this provision will only apply for meetings held after 5:30 p.m. where an employee leaves work and must return for duty on that same day. (b) Compensatory time may be approved by the Town Administrator or designee for hourly workers in lieu of overtime cash payment for the time worked more than their regularly scheduled work week. When compensatory time is agreed to, it shall be based on one and one half (11/2) hours of compensatory time granted for each hour worked over forty (40) hours per week. Also, the accumulation of said compensatory time shall not exceed three (3) days. (c) All time for which an employee is on a full pay status shall be considered time worked for the purpose of calculating overtime compensation if the employee is entitled to overtime. (d) Overtime work shall be distributed fairly and equitably within each department among all employees qualified to perform said work. Overtime assignments will be made by rotating seniority lists for qualified employees in each department. An overtime refusal will be treated as overtime hours worked for purposes of equal distribution of overtime. (e) Call Back: When an hourly employee is called in to work outside his/her normal shift hours, the employee shall receive a minimum ofthree (3) hours pay and time and one- half (11/2) rate, except where the employee is called in at less than three (3) hours before his/her regular starting time, in which case he/she shall receive time and one- half (11/2) only for the time worked. 3.4-3 Executive, Administrative and Professional Employees and Salaried Departinent Heads According to Section 541.118 of the Fair Labor Standards Act, all salaried Department Heads are defined as "employee(s) employed in a bona fide executive, administrative or professional capacity", and are exempt from Section 7 of the Act related to compensatory time and compensatory time off. Effective July 1, 2022, all employees in Grades 8-12 (Dept. Heads) currently compensated for 35 -hour workweeks will increase to 37.5 Town of Brewster Personnel Bylaw Policies and Procedures 19 a) Eligible employees must notify the Town in writing by March 1, 2022, if they decide to opt out of these increased hours -such decision shall be binding and will run with the individual. b) For employees who opt to stay at a 35 -hour workweek, the Town reserves the right to increase hours for new hires. c) Sick, personal, and vacation accruals will be adjusted for all eligible employees effective July 1, 2022. Effective July 1, 2023, all employees in Grades 8-12 (Dept. Heads) then compensated for 37.5 -hour workweeks will increase to 40. a) Eligible employees must notify the Town in writing by January 1, 2023, if they decide to opt out of these increased hours -such decision shall be binding and will run with the individual. 35 -hour workweek employees will not be eligible to increase to 40 - hour workweek. b) For employees who opt to stay at a 37.5 -hour workweek, the Town reserves the right to increase hours for new hires. Effective July 1. 2022, all employees in Grades 8-12 shall no longer be eligible for compensatory time off except up to three (3) days for extenuating circumstances as approved by the Town Administrator or as consistent with 6.1-3(d). All existing compensatory time for these employees will sunset on June 30, 2022. Employees in Grades 1-7 will still be eligible for compensatory time per 3.4-2. Compensatory time for all employees will not exceed three (3) days but will no longer expire at the end of the fiscal year. Under normal circumstances, compensatory time off will only be granted if doing so will not cause an office to be vacant or unattended during regular office hours. Every effort is to be made to staff offices during regular office hours. The granting or denial of compensatory time is not subject to the grievance or arbitration process. All use of compensatory time or flexible hours must be coordinated with the office of the Town Administrator and the employee's supervisor. 3.4-4 On -Call Emergency Compensation When an FLSA exempt employee or Department Head is called to work under emergency operation conditions outside his/her normal work hours, s/he shall receive, in addition to his/her regular compensation a stipend equal to the average hourly rate for all FSLA exempt employees or elect to take compensatory time off. 3.4-5 Weekend Coverage Stipend for Seasonal Permit Sales Office When an executive, administrative or professional employee is on -call for the permit sales office on a Saturday, Sunday or holiday, she/he shall be entitled to a stipend in the amount of $50.00 per day of coverage. If the employee is called into work at the permit sales office on a Saturday, Sunday or holiday, the employee shall also receive pay (at their normal Town of Brewster Personnel Bylaw Policies and Procedures 20 BREWSTER, MA CLASSIFICATION PLAN PERSONNEL BYLAW POSITIONS GRADES No Positions Assigned 2 Bus Driver/Custodian - COA 3 Department Assistant 4 Administrative Assistant I - Zoning Human Resources Generalist Program Coordinator - COA 5 Administrative Assistant II - Fire Outreach Worker 6 Assistant Recreation Director Executive Assistant (TA/SB) National Resources Officer Property Manager (Crosby Mansion) 7 Administrative Supervisor (TA/SB) Assistant Golf Operations/Pro-Shop Manager Assistant Operations Manager- Head Golf Professional Conservation Administrator Deputy Natural Resources Officer Local Inspector Project Manager Sea Camps Property Manager 8 Council on Aging Director Director of Recreation Housing Coordinator 9 Assistant Water Superintendent Property Maintenance Supervisor Superintendent of Golf Maintenance 10 Deputy Assessor Golf Operations Director Human Resources Director Town Clerk 11 Assistant Town Administrator Building Commissioner Health Director IT Director Library Director Natural Resources Director Town Planner Treasurer/Collector 12 Deputy Fire Chief DPW Director Finance Director/Town Accountant Water Superintendent 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 25, 2022 RE: Annual Wines and Malt Beverage License Transfer and Pledge of Collateral- Ferretti’s Market Ferretti Liquors Market, Inc. is purchasing the business, real estate and inventory of A. Rose Realty Inc. located at 501 Underpass Road, known as Ferretti’s Market. As part of the sale, we have received an application from Ferretti Liquors Market, Inc. to transfer the Annual Wines and Malt Beverages License. Along with the transfer of liquor license, there will also be a pledge of inventory/license. Per the attorney, the new owners are keeping the premises as it is currently licensed and will continue to operate as a deli/convenience store. The Town Administration office has received all required documentation for the Local Licensing Authority (the Select Board) to review and approve the transfer and pledges. Once approved by the LLA, the application will be sent to the Alcoholic Beverages Control Commission for review and final approval. The application has been reviewed by various departments and their feedback is outlined below. Building Department: No concerns about this application. Planning Department: No concerns or specific comments for this transfer. Town Administration: Requested to see if the new owners have any planned changes to the current model that Ferretti’s has in place. Attorney Mooradian responded that the premises are staying the same as currently licensed and will continue to operate as a deli/convenience store. Fire Department: No concerns with this application. Police Department: No concerns with the transfer, the ABCC will review the other interests to assure the new owner is not over their limit within the State. Health Department: Request for the new owners to contact the Health Department with regards to food service permitting prior to operating. In addition, if the new owners plan to continue to offer smoking products for sale, they will need to apply for a Tobacco Permit from the Health Department as well as with the State. DEMAKIS LAW OFFICES, P. C. GREGORY C. DEMAKIS THOMAS C. DEMAKIS SANDOR RABKIN JOHN M. MOORADIAN October 17, 2022 Erika Mawn Board of Selectmen Brewster Town Hall 2198 Main Street Brewster, MA 02631 56 CENTRAL AVENUE LYNN, MASSACHUSETTS 01901 TEL. (781) 595-3311 FAX (781) 592-4990 www.demakislaw.com RE: Transfer application for an Annual All Alcohol Beverages License of Ferretti Liquors Market, Inc. d/b/a Ferretti's Market, 501 Underpass Road, Brewster, MA Dear Ms. Mawn: Enclosed please find the following documents with regard to the above -referenced application: 1) DOR and DUA Certificates for A Rose Realty, Inc. 2) ABCC Transaction Summary. 3) ABCC Online Application Forms, including: a. Monetary Transmittal Form with Proof of ABCC Payment. b. Retail Application. c. Manager Application. d. Applicant's Statement. e. CORI Forms 4) Corporate Resolution naming Navin Patel manager and authorizing the President, Navin Patel, to apply for the transfer of the above -referenced liquor license and to pledge said license. 5) Corporate Documents — copy of Articles of Organization. 6) Sales Agreements - Copy of Asset Purchase and Sale Agreement. 7) Proof of Citizenship for the director(s) and manager. 8) Flow Chart for financing. 9) Loan Documents. 10) Source of Funds. 11) Proof of Legal Right to Occupy - Lease Documentation. 12) Floor Plan. Thank you very much for your time and cooperation. If you have any questions or need additional information, please feel free to call me at extension 105. Enclosure Sinc - - ' y . urs; ooradian orney at law DOR/DUA CERTIFICATES Commonwealth of Massachusetts Deparunent of Revenue Geoffrey E. Snyder, Commissioner mass.gov/dor Letter ID: L0338326464 Notice Date: August 17, 2022 Case ID: 0-001-652-306 CERTIFICATE OF GOOD STANDING AND/OR TAX COMPLIANCE iilillIIII-11lil.1llllllln11111111.11.11111-11111.0.11111.111 M A ROSE REALTY INC § EN 501 UNDERPASS RD N MIMI BREWSTER MA 0263 1-1 804 MEM Why did I receive this notice? The Commissioner of Revenue certifies that, as of the date of this certificate, A ROSE REALTY INC is in compliance with its tax obligations under Chapter 62C of the Massachusetts General Laws. This certificate doesn't certify that the taxpayer is compliant in taxes such as unemployment insurance administered by agencies other than the Department of Revenue, or taxes under any other provisions of law. This is not a waiver of lien issued under Chapter 62C, section 52 of the Massachusetts General Laws. What if'I have questions? If you have questions, call us at (617) 887-6400 or toll -free in Massachusetts at (800) 392-6089, Monday through Friday, 9:00 a.m. to 4:00 p.m.. Visit us online! Visit mass.gov/dor to learn more about Massachusetts tax laws and DOR policies and procedures, including your Taxpayer Bill of Rights, and MassTaxConnect for easy access to your account: • Review or update your account • Contact us using e -message • Sign up for e -billing to save paper • Make payments or set up autopay (fri 0 -year' Edward W. Coyle, Jr., Chief Collections Bureau THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF UNEMPLOYMENT ASSISTANCE Charles D. Baker GOVERNOR Karyn E. Polito LT. GOVERNOR 401457985 A. ROSE REALTY, INC. P.O. BOX 750 BREWSTER, MA 02631 Certificate Id:61762 Mhl hhIhII IQIII 11 hIhIIIHhI1 111 Rosalin Acosta SECRETARY Connie C. Carter DIRECTOR EAN: 83420240 August 15, 2022 The Department of Unemployment Assistance certifies that as of 8/15/2022 ,A. ROSE REALTY, INC. is current in all its obligations relating to contributions, payments in lieu of contributions, and the employer medical assistance contribution established in G.L.c.149,§189. This certificate expires in 30 days from the date of issuance. Connie C. Carter, Director Department of Unemployment Assistance Page 1 of 1 CHARLES F. HURLEY BUILDING • 19 STANIFORD STREET • BOSTON, MA 02114 www.mass.gov/uima APPLICATION SUMMARY OF TRANSACTION A. ROSE REALTY, INC. DB/A FERRETTI'S MARKET TO FERRETTI LIQUORS MARKET, INC. Buyer: Ferretti Liquors Market, Inc. — Navin Patel is the President, Treasurer, Secretary, Director and 100% shareholder. Navin Patel is the proposed manager of record. Seller: Pagi€iANWeliVIMIIMXr. A. Rose Realty, Inc. Purchase Price: $1,200,000 (business), $1,700,000 (real estate), $100,000 (estimated inventory) Finance: The applicant is funding the purchase of the business via a $960,000 promissory note to Fall River Five Cents Savings Bank and the purchase of the real estate via a $1,360,000 promissory note to Fall River Five Cents Savings Bank. Navin Patel is utilizing $680,000 of from Priti Hospitality, LLC to apply towards the purchase of the business and real estate. The inventory is estimated at $100,000 and is included in the financing outlined above. Any loan documents, pledge agreements, or leases customarily signed at closing will be signed after license approval and upon closing of the transaction. Navin Patel The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3, Chelsea, MA 02150-2358 www.mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION FOR A TRANSFER OF LICENSE APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA Please make $200.00 payment here: ABCC PAYMENT WEBSITE PAYMENT MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL AND INCLUDE THE PAYMENT RECEIPT ABCC LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) ENTITY/ LICENSEE NAME ADDRESS 00040-PK-0134 Ferretti Liquors Market, Inc. 501 Underpass Road CITY/TOW N Brewster For the following transactions (Check all that apply): ❑ New License El Transfer of License ❑ Change of Manager Change of Officers/ Directors/LLC Managers ❑ Change of Location ❑ Alteration of Licensed Premises ❑ Change Corporate Name Change of Ownership Interest ❑ (LLC Members/ LLP Partners, Trustees) 171 ❑X Other STATE MA Change Of Class (i.e. Annual / Seasonal) Change of License Type (Le. club / restaurant) ZIP CODE Change of Category (i.e. All Alcohol/Wine, Malt) Issuance/Transfer of Stock/New Stockholder Pledge Inventory 02361 ❑ Change Corporate Structure (i.e.corptu.c) E Pledge of Collateral (i.e. License/Stock) ❑ Management/Operating Agreement ❑ Change of Hours ❑ Change of DBA THE LOCAL LICENSING AUTHORITY MUST SUBMIT THIS APPLICATION ONCE APPROVED VIA THE ePLACE PORTAL Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3 Chelsea, MA 02150-2358 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 95 Fourth Street, Suite 3, Chelsea, MA 02150-2358 www.mass.gov/abet APPLICATION FOR A TRANSFER OF LICENSE Municipality Brewster 1. TRANSACTION INFORMATION El Transfer of License ❑ Alteration of Premises ❑ Change of Location • Pledge of Inventory • Pledge of License ❑ Pledge of Stock ❑ Change of Class ❑ Change of Category Change of License Type ❑ (512 ONLY, e.q. "club" to "restaurant") ❑ Management/Operating Agreement ❑ Other Please provide a narrative overview of the transaction(s) being applied for. On -premises applicants should also provide a description of the intended theme or concept of the business operation. Attach additional pages, if necessary. Ferretti Liquors Market, Inc. is purchasing the business assets and Section 15 wine and malt beverage package store license issued to A Rose Realty, Inc. Ferretti Liquors Market, Inc. is seeking 1) approval of the transfer of the license, 2) approval of Navin Patel as Manager of Record, and 3) approval of a pledge of the license and inventory to Fall River Five Cents Savings Bank. As part of the transaction, 501 Underpass Realty, LLC Is purchasing the real estate located at 501 Underpass Road, Brewster, Ferretti Liquors Market, Inc. will lease the premises from 501 Underpass Realty, LLC. 2. LICENSE CLASSIFICATION ON/OFF-PREMISES TYPE Off -Premises -15 3. BUSINESS ENTITY INFORMATION The entity that will be issued the license and have operational control of the premises. Current or Seller's License Number 00040-PK-0134 FEIN 92-0578961 Entity Name Ferretti Liquors Market, Inc. DBA Ferrettl's Market Manager of Record Navin Patel Street Address 501 Underpass Road, Brewster, MA 02631 Phone 508-896-8919 Email Add'I Phone Website www.ferrettismarket.com 4. DESCRIPTION OF PREMISES Please provide a complete description of the premises to be licensed, including the number of floors, number of rooms on each floor, any outdoor areas to be included in the licensed area, and total square footage. If this application alters the current premises, provide the specific changes from the last approved description. You must also submit a floor plan. Retail store located at 501 Underpass Road, Brewster. Consists of approximately 4,000 square feet with 2 entrances/exits in the front. Delivery entrance/exit in rear, service bay. Wine racks, beer/wine cooler within building, storage in rear stock room. Total Sq. Footage 4,000 Seating Capacity N/A Occupancy Number Number of Entrances 2 Number of Exits 2 Number of Floors 1 1 APPLICATION FOR A TRANSFER OF LICENSE 5. CURRENT OFFICERS, STOCK OR OWNERSHIP INTEREST By what means is the license being transferred? List the individuals and entities of the current ownership. Attach additional pages if necessary utilizing the format below. Name of Principal Title/Position Percentage of Ownership Transferor Entity Name A. Rose Realty, Inc. Purchase Gina Ferretti -Sylvia Name of Principal Name of Principal Name of Principal Name of Principal President, Treasuer, Secretary, Director Title/Position Title/Position Title/Position Title/Position 100% Percentage of Ownership Percentage of Ownership Percentage of Ownership Percentage of Ownership 6. PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST List all individuals or entities that will have a direct or indirect, beneficial or financial interest in this license (E.g. Stockholders, Officers, Directors, LLC Managers, LLC Members, LLP Partners, Trustees etc.). Attach additional page(s) provided, if necessary, utilizing Addendum A. • The individuals and titles listed in this section must be identical to those filed with the Massachusetts Secretary of State. • The individuals identified in this section, as well as the proposed Manager of Record, must complete a CORI Release Form. • Please note the following statutory requirements for Directors and LLC Managers: On Premises (E.g.Restaurant/ Club/Hotel) Directors or LLC Managers - At least 50% must be US citizens; Off Premises(Liquor Store) Directors or LLC Managers - All must be US citizens and a majority must be Massachusetts residents. • If you are a Multi -Tiered Organization, please attach a flow chart identifying each corporate interest and the individual owners of each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A. Name of Principal Residential Address SSN DOB Navin Patel Title and or Position President, Treasurer, Secretary, Director Name of Principal Title and or Position Name of Principal Title and or Position Name of Principal Title and or Position Percentage of Ownership Director/ LLC Manager US Citizen 100% Residential Address Yes C: No (.Yes CNo SSN Percentage of Ownership Director/ LLC Manager US Citizen Residential Address C Yes C No CYes rNo SSN Percentage of Ownership Director/ LLC Manager US Citizen Residential Address C- Yes C No C Yes C- No SSN Percentage of Ownership Director/ LLC Manager US Citizen CYes (No rYes rNo MA Resident (•` Yes (`. No DOB MA Resident C Yes (No DOB MA Resident (`Yes r^No DOB MA Resident fYes (No 2 APPLICATION FOR A TRANSFER OF LICENSE 6. PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST (Continued...) Name of Principal Residential Address SSN Title and or Position Name of Principal Title and or Position Name of Principal Title and or Position Additional pages attached? Percentage of Ownership Director/ LLC Manager US Citizen Residential Address (`.Yes (; No O Yes (` No SSN Percentage of Ownership Director/ LLC Manager US Citizen (Yes (C: No Residential Address C,Yes fNo SSN Percentage of Ownership Director/ LLC Manager US Citizen (` Yes 4 No (' Yes (" No (',Yes (`:No CRIMINAL HISTORY Has any individual listed in question 6, and applicable attachments, ever been convicted of a State, Federal or Military Crime? If yes, attach an affidavit providing the details of any and all convictions. DOB MA Resident ("Yes ("No DOB MA Resident (` Yes (` No DOB MA Resident C;Yes ("No (`,Yes C 5No 6A. INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Does any individual or entity identified in question 6, and applicable attachments, have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes No ❑ If yes, list in table below. Attach additional pages, if necessary, utilizing the table format below. Name License Type License Name Municipality Navin Patel Section 15 ANK Liquors, Inc. Hyannis Navin Patel Section 15 CY Westborough, LLC Westborough 6B. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Has any individual or entity identified in question 6, and applicable attachments, ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes ® No ❑ f yes, list in table below. Attach additional pages, if necessary, utilizing the table format below. Name License Type License Name Navin Patel Navin Patel Section 15 Section 15 Kaival Hanson, LLC 1051 Savin Hill, LLC 3 APPLICATION FOR A TRANSFER OF LICENSE 6C. DISCLOSURE OF LICENSE DISCIPLINARY ACTION Have any of the disclosed licenses listed in question 6Aor 6B ever been suspended, revoked or cancelled? Yes ❑ No El If yes, list in table below. Attach additional pages, if necessary, utilizing the table format below. Date of Action Name of License City Reason for suspension, revocation or cancellation 7. CORPORATE STRUCTURE Entity Legal Structure State of Incorporation Corporation Massachusetts Date of Incorporation 9/9/2022 Is the Corporation publicly traded? C Yes (•` No 8. OCCUPANCY OF PREMISES Please complete all fields in this section. Please provide proof of legal occupancy of the premises. • If the applicant entity owns the premises, a deed is required. • If leasing or renting the premises, a signed copy of the lease is required. • If the lease is contingent on the approval of this license, and a signed lease is not available, a copy of the unsigned lease and a letter of intent to lease, signed by the applicant and the landlord, is required. • If the real estate and business are owned by the same individuals listed in question 6, either individually or through separate business entities, a signed copy of a lease between the two entities is required. Please indicate by what means the applicant will occupy the premises Landlord Name Landlord Phone 501 Underpass Realty, LLC Landlord Address Landlord Email Lease $5,000 501 Underpass Road, Brewster, MA Lease Beginning Date Lease Ending Date x/2022 x/2037 Rent per Month Rent per Year Will the Landlord receive revenue based on percentage of alcohol sales? $60,000 CYes (7; No 9. APPLICATION CONTACT The application contact is the person who the licensing authorities should contact regarding this application. Name: Title: John M. Mooradian Attorney Phone: Email: 781-595-3311 jmooradian@demakislaw.com 4 APPLICATION FOR A TRANSFER OF LICENSE 10. FINANCIAL DISCLOSURE A. Purchase Price for Real Estate $1,700,000 B. Purchase Price for Business Assets $1,200,000 C. Other* (Please specify) $100,000 D. Total Cost $3,000,000 SOURCE OF CASH CONTRIBUTION Please provide documentation of available funds. (E.g. Bank or other Financial institution Statements, Bank Letter, etc.) *Other: (i.e. Costs associated with License Transaction including but not limited to: Property price, Business Assets, Renovations costs, Construction costs, Initial Start-up costs, Inventory costs, or specify other costs):" Name of Contributor Amount of Contribution Navin Patel $680,000 Total $ 680,000 SOURCE OF FINANCING ned financing documentation. Name of Lender Amount Type of Financing Is the lender a licensee pursuant to M.G.L. Ch. 138. Fall River Five Cents Savings I $960,000 Commercial Term Note (Business) (';Yes (, No Fall River Five Cents Savings Ell $1,360,000 Commercial Term Note (Real Estate) CI Yes () No (Yes (No (-Yes C; No FINANCIAL INFORMATION Provide a detailed explanation of the form(s) and source(s) of funding for the cost identified above. The applicant is funding the purchase of the business via a $960,000 promissory note to Fall River Five Cents Savings Bank and the purchase of the real estate via a $1,360,000 promissory note to Fall River Five Cents Savings Bank. Navin Patel is utilizing $680,000 of from Priti Hospitality, LLC to apply towards the purchase of the business and real estate. 11. PLEDGE INFORMATION Please provide signed pledge documentation. Are you seeking approval for a pledge? (;,yes (` No Please indicate what you are seeking to pledge (check all that apply) License To whom is the pledge being made? Stock Inventory Fall River Five Cents Savings Bank 5 12. MANAGER APPLICATION A. MANAGER INFORMATION The individual that has been appointed to manage and control the licensed business and premises. Proposed Manager Name Residential Address Email Navin Patel Date of Birth SSN Phone Please indicate how many hours per week you intend to be on the licensed premises 30-40 B. CITIZENSHIP/BACKGROUND INFORMATION Are you a U.S. Citizen?* (; Yes C No *Manager must be a U.S. Citizen If yes, attach one of the following as proof of citizenship US Passport, Voter's Certificate, Birth Certificate or Naturalization Papers. Have you ever been convicted of a state, federal, or military crime? (`,.Yes (' No If yes, fill out the table below and attach an affidavit providing the details of any and all convictions. Attach additional pages, if necessary, utilizing the format below. Date Municipality Charge Disposition C. EMPLOYMENT INFORMATION Please provide your employment history. Attach additional pages, if necessary, utilizing the format below. Start Date End Date Position Employer Supervisor Name 2018 Present Co -Owner Hyannis Package Store 2017 Present Co -Owner Courtyard Boston -Westborough D. PRIOR DISCIPLINARY ACTION Have you held a beneficial or financial interest in, or been the manager of, a license to sell alcoholic beverages that was subject to disciplinary action? (:Yes (; No If yes, please fill out the table. Attach additional pages, if necessary,utilizing the format below. Date of Action Name of License State City Reason for suspension, revocation or cancellation I hereby swear under the pains and penalties o erjury that the information 1 have provided in this application is true and accurate: Manager's Signature Date 101111 7c,vt, 6 13. MANAGEMENT AGREEMENT Are you requesting approval to utilize a management company through a management agreement? If yes, please fill out section 13. Please provide a narrative overview of the Management Agreement. Attach additional pages, if necessary. (` Yes (:; No IMPORTANT NOTE: A management agreement is where a licensee authorizes a third party to control the daily operations of the license premises, while retaining ultimate control over the license, through a written contract. This does not pertain to a liquor license manager that is employed directly by the entity. 13A. MANAGEMENT ENTITY List all proposed individuals or entities that will have a direct or indirect, beneficial or financial interest in the management Entity (E.g. Stockholders, Officers, Directors, LLC Managers, LLP Partners, Trustees etc.). Entity Name Address Name of Principal Title and or Position Residential Address Name of Principal Title and or Position Percentage of Ownership Director Residential Address (` Yes C No Percentage of Ownership Director rYes (No Name of Principal Title and or Position Residential Address Percentage of Ownership Director C Yes ( No Name of Principal Title and or Position Residential Address Percentage of Ownership Director (` Yes ('. No CRIMINAL HISTORY Has any individual identified above ever been convicted of a State, Federal or Military Crime? If yes, attach an affidavit providing the details of any and all convictions. 13B. EXISTING MANAGEMENT AGREEMENTS AND INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Does any individual or entity identified in question 13A, and applicable attachments, have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages; and or have an active management agreement with any other licensees? Yes ❑ No ❑ If yes, list in table below. Attach additional pages, if necessary, utilizing the table format below. Phone SSN US Citizen (` Yes ( No SSN US Citizen (' Yes C: No SSN US Citizen (' Yes ( No SSN US Citizen ('Yes (`No DOB MA Resident (' Yes (' No DOB MA Resident (' Yes (7 No DOB MA Resident (`Yes No DOB MA Resident (';Yes (':No rYes (`No Name License Type License Name Municipality 7 13C. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE Has any individual or entity identified in question 13A, and applicable attachments, ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes ❑ No ❑ If yes, list in table below. Attach additional pages, if necessary, utilizing the table format below. Name License Type License Name Municipality 13D. PREVIOUSLY HELD MANAGEMENT AGREEMENT Has any individual or entity identified in question 13A, and applicable attachments, ever held a management agreement with any other Massachusetts licensee? Yes ❑ No ❑ If yes, list in table below. Attach additional pages, if necessary, utilizing the table format below. Licensee Name License Type Municipality Date(s) of Agreement 13E. DISCLOSURE OF LICENSE DISCIPLINARY ACTION Have any of the disclosed licenses listed in question section 13B, 13C, 13D ever been suspended, revoked or cancelled? Yes ❑ No ❑ If yes, list in table below. Attach additional pages, if necessary, utilizing the table format below. Date of Action Name of License City Reason for suspension, revocation or cancellation 13F. TERMS OF AGREEMENT a. Does the agreement provide for termination by the licensee? b. Will the licensee retain control of the business finances? c. Does the management entity handle the payroll for the business? Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ d. Management Term Begin Date e. Management Term End Date f. How will the management company be compensated by the licensee? (check all that apply) ❑ $ per month/year (indicate amount) ❑ % of alcohol sales (indicate percentage) ❑ % of overall sales (indicate percentage) ❑ other (please explain) ABCC Licensee Officer/LLC Manager Signature: Title: Date: 1 Management Agreement Entity Officer/LLC Manager Signature: Title: Date: 8 APPLICANT'S STATEMENT !Navin Patel of J the: ❑sole proprietor; partner; 10 corporate principal; ❑ LLC/LLP manager Authorized Signatory Ferretti Liquors Market, Inc, Name of the Entity/Corporation hereby submit this application (hereinafter the "Application"), to the local licensing authority (the "LLA") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities") for approval, I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the Information submitted In the Application, and as such affirm that all statements and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) I understand that each representation In thls Application Is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer In the Application and accompanying documents in reaching its decision; (2) I state that the location and description of the proposed licensed premises are in compliance with state and local laws and regulations; (3) I understand that while the Application Is pending, I must notify the Licensing Authorities of any change In the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; I understand that the licensee will be bound by the statements and representations made In the Application, Including, but not limited to the Identity of persons with an ownership or financial interest in the license; (5) (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physical alterations to or changes to the size of the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result In sanctions, including the revocation of any license for which the Application was submitted; and (9) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions Including revocation of any license for which this Application is submitted. (10) I confirm that the applicant corporation and each individual listed in the ownership section of the application Is In good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support. Signature: Title: President 1 1 Date Li v/ i 3/ z(/z, Z, 1 STEVEN GROSSMAN TREASURER AND RECEIVER GENERAL Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston, MA 02114 CORI REQUEST FORM KIM S. GAINSBORO, ESQ. CHAIRMAN The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information. For the purpose of approving each shareholder, owner, licensee or applicant for an alcoholic beverages license, I understand that a criminal record check will be conducted on me, pursuant to the above. The information below is correct to the best of my knowledge. ABCC LICENSE INFORMATION ABCC NUMBER: (IF EXISTING LICENSEE) LICENSEE NAME: Ferretti Liquors Market, Inc. CITY/TOWN: Brewster APPLICANT INFORMATION LAST NAME: Patel MAIDEN NAME OR ALIAS (IF APPLICABLE): DATE OF BIRTH: MOTHER'S MAIDEN NAME: GENDER: FIRST NAME: Navin SSN: MALE CURRENT ADDRESS: CITY/TOWN: FORMER ADDRESS: CITY/TOWN: HEIGHT: DRIVER'S LICENSE #: • PLACE OF BIRTH: MIDDLE NAME: India ID THEFT INDEX PIN (IF APPLICABLE): WEIGHT: STATE LIC. ISSUED: EYE COLOR: Massachusetts imm STATE: MA ZIP: STATE: ZIP: PRINTED NAME Navin Patel APPLICANT/EMPLOYEE SIGNATURE: 0 ti/Visl", Yi,/'(/-A? NOTARY INFORMATION On this da-dD.w / 3/ 2024- efore me, the undersigned notary public, personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which were to be the person whose name is signed on the preceding or attached document, and acknowledg its stated purpose. Navin Patel /l r l /ZI v.11 LI c4 -41/,c me that (he) (she) signed it voluntarily for NOTARY DIVISION USE ONLY REQUESTED BY: SIGNATURE OF CORI-AUTHORIZED EMPLOYEE The DCJI Identify Theft Index PIN Number Is to be completed by those applicants that have been issued an Identity Theft PIN Number by the DCJI. Certified agencies are required to provide all applicants the opportunity to include this Information to ensure the accuracy of the CORI request process. 01.1 CORI request forms that include this field are required to be submitted to the DUI via mall or by fax to 16171 660-4614. KAMLESH PATEL NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS MY COMMISSION EXPIRES ON MARCH 02, 2023 CORPORATE VOTE CORPORATE VOTE The Board of Directors or LLC Managers of Ferretti Liquors Market, Inc. duly voted to apply to the Licensing Authority of Entity Name Brewster City/Town Commonwealth of Massachusetts Alcoholic Beverages Control Commission on For the following transactions (Check all that apply): • New License • Transfer of License El Change of Manager ▪ Change of Officers/ ▪ Directors/LLC Managers • Change of Location • Alteration of Licensed Premises E Change Corporate Name Change of Ownership Interest ❑ (LLC Members/ LLP Partners, Trustees) "VOTED: To authorize • Change of Class (i.e. Annual / Seasonal) ▪ Change of License Type (Le. dub / restaurant) ❑ Change of Category (i.e. All Alcohol/Wine, Malt) • Issuance/Transfer of Stock/New Stockholder 0 Other Pledge Inventory and the 10/6/2022 Date of Meeting El Change Corporate Structure (i.e. Corp / LLC) O Pledge of Collateral (i.e. License/stock) El Management/Operating Agreement ▪ Change of Hours ❑ Change of DBA Navin Patel Name of Person to sign the application submitted and to execute on the Entity's behalf, any necessary papers and do all things required to have the application granted." "VOTED: To appoint Navin Patel Name of Liquor License Manager as its manager of record, and hereby grant him or her with full authority and control of the premises described in the license and authority and control of the conduct of all business therein as the licensee itself could in any way have and exercise if it were a natural person residing in the Commonwealth of Massachusetts." A true copy attest, For Corporations ONLY A true copy attest, Corporate Officer /LLC Manager Signature Corporation Clerk's Signature tic,v; (Print Name) (Print Name) MA SOC Filing Number: 202245544530 Date: 9/29/2022 10:21:00 AM The Commonwealth of Massachusetts William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108-1512 Telephone: (617) 727-9640 Minimum Fee: $250.00 Articles of Organization (General Laws, Chapter 156D, Section 2.02; 950 CMR 113.16) Identification Number: 001609468 ARTICLE I The exact name of the corporation is: FERRETTI LIQUORS MARKET, INC. ARTICLE II Unless the articles of organization otherwise provide, all corporations formed pursuant to G.L. C156D have the purpose of engaging in any lawful business. Please specify if you want a more limited purpose: ARTICLE III State the total number of shares and par value, if any, of each class of stock that the corporation is authorized to issue. All corporations must authorize stock. If only one class or series is authorized, it is not necessary to specify any particular designation. Class of Stock Par Value Per Share Enter 0 if no Par Total Authorized by Articles of Organization or Amendments Num of Shares Total Par Value Total Issued and Outstanding Man of Shares CNP $0.00000 275,000 I $0.00 1,000 G.L. C156D eliminates the concept of par value, however a corporation may specify par value in Article III. See G.L. C156D Section 6.21 and the comments thereto. ARTICLE IV If more than one class of stock is authorized, state a distinguishing designation for each class. Prior to the issuance of any shares of a class, if shares of another class are outstanding, the Business Entity must provide a description of the preferences, voting powers, qualifications, and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. ARTICLE V The restrictions, if any, imposed by the Articles of Organization upon the transfer of shares of stock of any class are: ANY STOCKHOLDER, INCLUDING THE HEIRS, ASSIGNS, EXECUTORS OR ADMINISTRATORS OF A DECEASED STOCKHOLDER, DESIRING TO SELL OR TRANSFER SUCH STOCK OWNED B Y HIM OR THEM, SHALL FIRST OFFER IT TO THE CORPORATION THROUGH THE BOARD OF DIRECTORS IN THE MANNER FOLLOWING: HE SHALL NOTIFY THE DIRECTORS OF HIS DESI RICE AT WHICH HE IS WILLING TO SELL OR TRANSFER AND THE NAME OF ON ARBITRATO R. THE DIRECTORS SHALL WITHIN THIRTY DAYS THEREAFTER, EITHER ACCEPT THE OFFER, OR BY NOTICE TO HIM IN WRITING NAME A SECOND ARBITRATOR, AND THESE TWO SHAL L NAME A THIRD. IT SHALL THEN BE THE DUTY OF THE ARBITRATORS TO ASCERTAIN THE VALUE OF THE STOCK, AND IF ANY ARBITRATOR SHALL NEGLECT OR REFUSE TO APPEAR AT ANY MEETING APPOINTED BY THE ARBITRATORS, A MAJORITY MAY ACT IN THE ABSEN CE OF SUCH ARBITRATOR. AFTER THE ACCEPTANCE OF THE OFFER, OR THE REPORT OF TH E ARBITRATORS AS TO THE VALUE OF THE STOCK, THE DIRECTORS SHALL HAVE THIRTY D AYS WITHIN WHICH TO PURCHASE THE SAME AT SUCH VALUATION, BUT IF AT THE EXPIR ATION OF THIRTY DAYS THE CORPORATION SHALL NOT HAVE EXERCISED THE RIGHT SO T O PURCHASE, THE OWNER OF THE STOCK SHALL BE AT LIBERTY TO DISPOSE OF THE SAM E IN ANY MANNER HE MAY SEE FIT. NO SHARES OF STOCK SHALL BE SOLD OR TRANSFER RED ON THE BOOKS OF THE CORPORATION UNTIL THESE PROVISIONS HAVE BEEN COMPL IED WITH, BUT THE BOARD OF DIRECTORS MAY IN ANY PARTICULAR INSTANCE WAIVE TH E REQUIREMENT. ARTICLE VI Other lawful provisions, and if there are no provisions, this article may be left blank. THE BOARD OF DIRECTORS MAY CONSIST OF ONE OR MORE INDIVIDUALS NOTWITHSTAN DING THE NUMBER OF SHAREHOLDERS. THE DIRECTORS MAY MAKE, AMEND OR REPEAL T HE BY-LAWS IN WHOLE OR IN PART, EXCEPT WITH RESPECT TO ANY PROVISION THEREOF WHICH BY LAW OR THE BY-LAWS REQUIRES ACTION BY THE STOCKHOLDER. MEETINGS 0 F THE STOCKHOLDERS MAY BE HELD ANYWHERE IN THE UNITED STATES. THE CORPORATI ON MAY BE A PARTNER IN ANY BUSINESS ENTERPRISE IT WOULD HAVE POWER TO COND UCT BY ITSELF. THE DIRECTORS SHALL HAVE THE POWER TO FIX FROM TIME TO TIME THE IR COMPENSATION. NO PERSON SHALL BE DISQUALIFIED FROM HOLDING ANY OFFICE BY REASON OF ANY INTEREST. IN THE ABSENCE OF FRAUD, ANY DIRECTORS, OFFICER OR ST OCKHOLDER OF THIS CORPORATION INDIVIDUALLY, OR ANY INDIVIDUAL HAVING ANY I NTEREST IN ANY CONCERN WHICH IS A STOCKHOLDER OF THIS CORPORATION, OR ANY CONCERN IN WHICH ANY SUCH DIRECTORS, OFFICERS, STOCKHOLDERS OR INDIVIDUALS HAVE ANY INTEREST, MAY BE A PART TO, OR MAY BE PECUNIARILY OR OTHERWISE INTER EST IN, ANY CONTRACT, TRANSACTION OR OTHER ACT OF THIS CORPORATION; AND SUC H CONTRACT, TRANSACTIONS OR ACT SHALL NOT BE IN ANY WAY INVALIDATED OR OTH ERWISE AFFECTED BY THIS FACT; NO SUCH DIRECTOR, OFFICER, STOCKHOLDER OR INDIV IDUAL SHALL BE LIABLE TO ACCOUNT TO THIS CORPORATION FOR ANY PROFIT OR BENE FIT REALIZED THROUGH ANY SUCH CONTRACT, TRANSACTION OR ACT; ANY SUCH DIREC TOR OF THIS CORPORATION MAY BE COUNTED IN DETERMINING THE EXISTENCE OF A QU ORUM AT ANY MEETING OF THE DIRECTORS OR OF ANY COMMITTEE THEREOF WHICH SH ALL AUTHORIZE ANY SUCH CONTRACT, TRANSACTION OR ACT, AND MAY VOTE TO AUTH ORIZE THE SAME; THE TERM "INTEREST" INCLUDES PERSONAL INTEREST AND INTEREST AS A DIRECTOR, OFFICER, STOCKHOLDER, SHAREHOLDER, TRUSTEE, MEMBER OR BENEFICIA RY OF ANY CONCERN; AND THE TERM "CONCERN" MEANS ANY CORPORATION, ASSOCIA TION, TRUST, PARTNERSHIP, FIRM, PERSON OR OTHER ENTITY OTHER THAN THIS CORPOR ATION. NO DIRECTOR OF THE CORPORATION SHALL BE LIABLE TO THE CORPORATION OR ITS STOCKHOLDERS FOR MONETARY DAMAGES FOR BREACH OF FIDUCIARY DUTY AS A D IRECTOR, EXCEPT FOR LIABILITY (I) FOR ANY BREACH OF THE DIRECTOR'S DUTY OF LOYA LTY TO THE CORPORATION OR ITS STOCKHOLDERS; (II) FOR ACTS OR OMISSIONS NOT IN GOOD FAITH OR WHICH INVOLVE INTENTIONAL MISCONDUCT OR A KNOWING VIOLATIO N OF LAW; (III) FOR IMPROPER DISTRIBUTIONS UNDER SECTION 6.40 OF CHAPTER 156D OF THE GENERAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, OR SUCCESSOR PRO VISIONS THERETO; OR (IV) FOR ANY TRANSACTION IN WHICH THE DIRECTOR DERIVED AN IMPROPER PERSONAL BENEFIT. NO AMENDMENT TO OR REPEAL OF ANY PROVISION OF T E ARTICLES OF ORGANIZATION, SHALL APPLY TO OR HAVE ANY EFFECT ON ANY LIABILIT Y OR ALLEGED LIABILITY OF ANY DIRECTOR OF THE CORPORATION FOR WITH RESPECT T 0 ANY ACTS OR OMISSIONS OF SUCH DIRECTOR OCCURRING PRIOR TO SUCH AMENDME NT OR REPEAL. Note: The preceding six (6) articles are considered to be permanent and may be changed only by filing appropriate articles of amendment. ARTICLE VII The effective date of organization and time the articles were received for filing if the articles are not rejected within the time prescribed by law. If a later effective date is desired, specify such date, which may not be later than the 90th day after the articles are received for filing. Later Effective Date: Time: ARTICLE VIII The information contained in Article VIII is not a permanent part of the Articles of Organization. a,b. The street address of the initial registered office of the corporation in the commonwealth and the name of the initial registered agent at the registered office: Name: NAVIN PATEL No. and Street: 501 UNDERPASS ROAD City or Town: BREWSTER State: MA Zip: 02631 Country: USA c. The names and street addresses of the individuals who will serve as the initial directors, president, treasurer and secretary of the corporation (an address need not be specified if the business address of the officer or director is the same as the principal office location): Title Individual Name First, Middle, Last, Suffix Address (no PO Box) Address, City or Town, State, Zip Code PRESIDENT NAVIN PATEL 501 UNDERPASS ROAD BREWSTER, MA 02361 USA TREASURER NAVIN PATEL 501 UNDERPASS ROAD BREWSTER, MA 02361 USA SECRETARY NAVIN PATEL 501 UNDERPASS ROAD BREWSTER, MA 02361 USA DIRECTOR NAVIN PATEL 501 UNDERPASS ROAD BREWSTER, MA 02361 USA d. The fiscal year end (i.e., tax year) of the corporation: December e. A brief description of the type of business in which the corporation intends to engage: PACKAGE STORE f. The street address (post office boxes are not acceptable) of the principal office of the corporation: No. and Street: 501 UNDERPASS ROAD RAFIXTCTT:A C+n+o• TRA 7 ;r. n 1 ,.,,,,+N..• T TC A g. Street address where the records of the corporation required to be kept in the Commonwealth are located (post office boxes are not acceptable): No. and Street: 501 UNDERPASS ROAD City or Town: BREWSTER State: MA Zip: 02361 Country: USA which is X its principal office _ an office of its transfer agent an office of its secretary/assistant secretary _ its registered office Signed this 29 Day of September, 2022 at 10:23:29 AM by the incorporator(s). (If an existing corporation is acting as incorporator, type in the exact name of the business entity, the state or other jurisdiction where it was incorporated, the name of the person signing on behalf of said business entity and the title he/she holds or other authority by which such action is taken.) NAVIN PATEL, PRESIDENT © 2001 - 2022 Commonwealth of Massachusetts All Rights Reserved MA SOC Filing Number: 202245544530 Date: 9/29/2022 10:21:00 AM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: September 29, 2022 10:21 AM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth PROOF OF CI TIZENSHI P PASSPORT PASSEPORT PASAPORTE P<USAPA TEL«NA VI N<R«<«<<,"«<««««««« Of he L.'nited States, 61 0,4trriong 4 vamp/fed & : pubajOitr. ikon davytit rngxrlri7" farhrytle fur* cm,m,4 ilAu r, ' ptigin o(e:hges erp L 7a'Fe. Dui hurt • Of DIiri'ings of Lz err to 0Wet/V area` 6ifr. ' 5'er+• do +/rtdarn recublish thii Conti*761 -the United Siges of. SIGNATURE OF BEARER / S',G NATIJ RE"i3U TJ T ULAIRE / FIRMA DEL TITULAR TYF'. is r- c r'0; :crti� S+'L_ USA PATEL ten tlamx;;' Pi:r.;,.ms NAVIN R Nalrcralde : rbaion. UNITED STATES"OF AMERICA Gate Of be r Gate de nu,.:an,.e J Ferh. rr mr.anierta .Piaecd t nr / L:=u de Rt.o ance-% Ltdp ce 11T...17er$o INDIA 931±d tM 1D_" ' Dztt de dtt11'''. sic`; -?3-Oct 2020 _ r:ch..1 de e.r 1c1 71 cadu6ad Sex PSIge AtaslorrCd / Autai16 i .4utattdaui _ United States Department of State yqy All 14, PROOF OF FUNDS/LOAN DOCUMENTATION $1,200,000 Purchase Price Business $1,700,000 Purchase Price Real Estate $100,000 Estimated Inventory $960,000 - Note to Fall River Five Cents Savings Bank for the Business Assets $1,360,000 / $680,000 - Note to Fall River Five Cents Savings Bank for the Business Assets -Funds held in the account of Priti Hospitality, LLC AFFIDAVIT IN SUPPORT OF THE LIQUOR LICENSE APPLICATION OF FERRETI LIQUORS MARKET, INC. I, the undersigned, do hereby attest under the pains and penalties of perjury as follows: 1) I, Navin Patel, am signing this affidavit in order to explain the source of funds to assist in the purchase of the store and real estate known as Ferretti's Market of 501 Underpass Road, Brewster, Massachusetts. 2) I am utilizing $680,000 of funds held in the name of Priti Hospitality, LLC to apply towards the purchase of the business and real estate. 3) I am a member of Priti Hospitality, LLC and I am entitled to withdraw funds from Priti Hospitality, LLC. There is no obligation to repay these funds back to Priti Hospitality, LLC. 4) Priti Hospitality, LLC will not have any interest nor exercise any control over the liquor license. 5) Priti Hospitality, LLC is a LLC registered to do business in the state of New Hampshire as a hotel under the trade name Hilton Garden Inn. The address of the hotel is 135 NH -120, Lebanon, NH. Priti Hospitality, LLC does not have an interest in any liquor licenses in New Hampshire, Massachusetts or elsewhere. 6) In making the affirmations contained herein, I reserve my right to contest any determination by the ABCC to the contrary, including any determination regarding the definition of direct or indirect interest under Chapter 138. I make these affirmations to the best of my knowledge and without further investigation. SWORN TO UNDER OATH AND THE PAINS AND PENALTIES OF PERJURY THIS October 12, 2022. Navin Patel FLOOR PLAN Order Confirmation Not an Invoice Account Number:669892 Customer Name:Brewster Board Of Selectmen/Legals Customer Address: Brewster Board Of Selectmen/Legals 2198 Main St Brewster Ma 02631-1852 Contact Name:Andreana Sideris Contact Phone: Contact Email: PO Number: Date:10/21/2022 Order Number:7952683 Prepayment Amount: $ 0.00 Column Count:1.0000 Line Count:1.0000 Height in Inches:0.0000 Print Product #Insertions Start - End Category NEO wickedlocal.com 2 10/28/2022 - 11/04/2022 Govt Bids & Proposals NEO CAP Cape Codder 2 10/28/2022 - 11/04/2022 Govt Bids & Proposals Total Order Confirmation $24.44 1/2 Ad Preview 2/2 Article #Article Name Pg.Sponsor (Presenter)Required Vote 1 Outstanding Obligations 9 Select Board (Ned Chatelain)BOS 4-0-0 FINCOM 9-0-0 NINE-TENTHS 2 Capital & Special Projects Expenditures 10 Select Board (Ned Chatelain)MAJORITY 1. Select Board 1a. DBP Master Plan Update - Phase 1 Construction BOS 5-0-0 FINCOM 6-0-0 1b. Sea Camps Comprehensive Planning BOS 5-0-0 FINCOM 6-0-0 1c. Updated Ponds Water Quality Report BOS 5-0-0 FINCOM 6-0-0 1d. Sea Camps Interim Uses BOS 5-0-0 FINCOM 6-0-0 1e. Integrated Water Resourc Planning/Implementation BOS 5-0-0 FINCOM 6-0-0 2. Dept of Public Works 2a. Sea Camps Pool Parking Lot BOS 5-0-0 FINCOM 6-0-0 2b. Drainage/Road Maintenance BOS 5-0-0 FINCOM 6-0-0 2c. Loader/Backhoe BOS 5-0-0 FINCOM 6-0-0 2d. Pick-Up Truck BOS 5-0-0 FINCOM 6-0-0 3. Police Department 3a. Vehicle Replacement BOS 5-0-0 FINCOM 6-0-0 3b. Security Pen/Fencing BOS 5-0-0 FINCOM 6-0-0 3c. Live Scan Data Sharing BOS 5-0-0 FINCOM 6-0-0 4. Fire Department 4a. Dept Staffing & Organizaton Study BOS 5-0-0 FINCOM 6-0-0 4b. Assistance to Firefighter Grant Program Expenses BOS 5-0-0 FINCOM 6-0-0 5. Natural Resources 5a. Stony Brook Mill Retaining Wall & Fishway Imp.BOS 5-0-0 FINCOM 6-0-0 5b. Walkers Pond Water Quality Improvements BOS 5-0-0 FINCOM 6-0-0 6. Facilities 6a. Town Hall Window Replacement BOS 5-0-0 FINCOM 6-0-0 6b. Town Hall and Library Elevator Upgrades BOS 5-0-0 FINCOM 6-0-0 6c. Crosby Mansion Function Room HVAC BOS 5-0-0 FINCOM 6-0-0 6d. Sea Camps Landscaping Equipment BOS 5-0-0 FINCOM 7-0-0 7. Recreation 7a. Freemans Fields Irrigation Repair & Maintenance BOS 5-0-0 FINCOM 7-0-0 8. Library 8a. Library Elevator Replacement BOS 5-0-0 FINCOM 6-0-0 9. Information Technology 9a. Technology Upgrades/Replacement BOS 5-0-0 FINCOM 6-0-0 10. Assessors 10a. Valuation Services BOS 5-0-0 FINCOM 6-0-0 11. Water Department 11a. Tanks Exterior Painting Engineering BOS 5-0-0 FINCOM 6-0-0 11b. Land Acquisition for Water Protection BOS 5-0-0 FINCOM 6-0-0 12. Golf Department 12a. Maintenance Equipment BOS 5-0-0 FINCOM 6-0-0 12b. Cart Path Improvements BOS 5-0-0 FINCOM 6-0-0 12c. Additional HVAC/Boiler Upgrades BOS 5-0-0 FINCOM 6-0-0 12d. Irrigation Replacement Design BOS 5-0-0 FINCOM 6-0-0 12e. Clubhouse Surroundings & Theme Enhancements BOS 5-0-0 FINCOM 6-0-0 12f. Sink Hole Repair BOS 5-0-0 FINCOM 6-0-0 12g. Kitchen Equipment Replacement BOS 5-0-0 FINCOM 6-0-0 12h. Replace Forward Tees BOS 5-0-0 FINCOM 6-0-0 3 Community Preservation Act Funding 22 CPC (Faythe Ellis)BOS 5-0-0 FINCOM 7-0-0 MAJORITY 4 Conservation Restriction Acquisition - 0 Holly Ave (rear)23 CPC (Mary Chaffee & Elizabeth Taylor)BOS 5-0-0 FINCOM 7-0-0 MAJORITY 5 Town Code Amendment to Community Preservation Act 25 Select Board (Cindy Bingham & Faythe Ellis)BOS 5-0-0 FINCOM 7-0-0 MAJORITY 6 Town Bylaw Amendment: Limits of Debate 28 Select Board (Dave Whitney)BOS 4-0-0 FINCOM 0-7-0 MAJORITY 7 Town Bylaw Amendment: Quorum Requirement 28 Select Board (Dave Whitney)BOS 4-0-0 FINCOM 0-7-0 MAJORITY ~VOTES~ Posted October 21, 2022November 14th, 2022 SPECIAL Town Meeting Called to Order at: except 2/3 stabilization Article #Article Name Pg.Sponsor (Presenter)Required Vote~VOTES~ Posted October 21, 2022November 14th, 2022 SPECIAL Town Meeting Called to Order at: 8 New Town Bylaw: Reconsideration 29 Select Board (Dave Whitney)BOS 4-0-0 FINCOM 6-1-0 MAJORITY 9 Town Bylaw Amendment: Special Town Mtg Warrant Deadline 29 Select Board (Cindy Bingham)BOS 5-0-0 FINCOM 7-0-0 MAJORITY 10 Local Comprehensive Plan 30 SB & PB (Kari Hoffmann & Amanda Bebrin (?) & Hal MinisBOS5-0-0 FINCOM 6-0-1 MAJORITY 11 Temporary Easements: Millstone Rd Improvement Project 31 Select Board (Cindy Bingham)BOS 5-0-0 FINCOM 7-0-0 MAJORITY 12 Prvt Road Betterment: Vesper Pond Drive 32 Select Board (Kari Hoffmann)BOS 5-0-0 FINCOM 6-0-0 TWO-THIRDS 13 Creation of New Revolving Fund: Bay Property Pool 33 Select Board (Mary Chaffee)BOS 5-0-0 FINCOM 7-0-0 MAJORITY 14 Bay Property Pool Funding 33 Select Board (Mary Chaffee)BOS 5-0-0 FINCOM 7-0-0 MAJORITY 15 Rescind Debt Authorization 34 Select Board (Ned Chatelain)BOS 4-0-0 FINCOM 7-0-0 MAJORITY 16 Local Election Deadlines 35 Select Board (Kari Hoffmann)BOS 5-0-0 FINCOM 6-0-0 MAJORITY DISSOLVED AT: Opioid Recovery & Remediation Funds MANDI SPEAKMAN BCDHS DEPUTY DIRECTOR KATE LENA, MPH BCDHS SUBSTANCE USE PREVENTION PROGRAM MANAGER Agenda 1.Introduction and Background 2.State Guidelines for Spending 3.General Recommendations 4.Regional Substance Addiction Council (RSAC) Guidance 5.Questions/Discussion Introduction + Background 1.Led by Attorney General Maura Healey: $26 billion resolution, $500 million coming to Massachusetts 2.Agreement includes: Cardinal, McKesson, AmerisourceBergen, and Johnson & Johnson 3.Industry change to prevent this from happening again 4.Funds paid to: individuals, towns/cities, counties, and state 5.Massachusetts Opioid Recovery and Remediation Fund Advisory Council (ORRF) a.Council includes Cape Cod representation State Guidelines for Municipal Spending As these funds are not awarded through Barnstable County, further technical assistance requests should be directed to the contacts listed in Appendix D, Section A of the supporting documents. 1.Municipalities are encouraged to pool abatement funds to increase their impact 2.Funds shall not be used to fund care reimbursed by the state, including through MassHealth and BSAS a.Local agencies/programs that provide state-reimbursed services can be supported financially in other ways that help meet the needs of their participants State Guidelines for Municipal Spending 1.Opioid Use Disorder Treatment 2.Support People in Treatment + Recovery 3.Connections to Care 4.Harm Reduction 5.Address the Needs of Criminal-Justice-Involved-People 6.Support Pregnant or Parenting Women + their Families, including Babies with Neonatal Abstinence Syndrome 7.Prevent Misuse of Opioids + Implement Prevention Education See appendix A in associated memo for expanded guidelines for municipal funding put forth by the Attorney General's office RSAC General Recommendations 1.Pool funds + collaborate with area municipalities 2.Involve people impacted by substance use disorder in the conversation of how to spend the funds, ie: people in recovery, people who are actively using substances, family members, town substance use coalitions 3.Create evidence-based plans for spending 4.Spend funds on substance use-related projects that will directly impact people with substance use disorder and their loved ones RSAC Guidance: Prevention 1.Fund youth behavioral health + substance use surveys 2.Implement substance use and health decision-making education 3.Fund education on risk and protective factors a.Practical information on how to increase protective factors and how to decrease risk factors 4.Provide support for more clinicians who serve youth and young adults 5.Provide support for children who have lost a parent to substance use/overdose, as well as the family members caring for them RSAC Guidance: Harm Reduction 1.Increase day programs and housing for people who are actively using substances 2.Create Drug User Health and Outreach Manager role within towns 3.Provide resources for people who use drugs on occasion 4.Provide broader and lower barrier access to Narcan 5.Fund education to decrease stigma and increase empathy through education on addiction, substance use, harm reduction, fentanyl, and why people use RSAC Guidance: Recovery 1.Ensure programming focuses on long term recovery in addition to short term recovery 2.Promote education on relapse prevention 3.Create Recovery Support Navigator role within towns 4.Promote and educate about recovery support group alternatives to NA/AA, i.e.: Refuge Recovery, SMART Recovery 5.Create Recovery Support Funds a.Transportation, overall wellness, recovery capital, basic needs (toiletries, clothing, nutrition), housing (emergency, sober, long term), legal (IDs, sealing records) RSAC Guidance: Treatment 1.Research and develop plans to create Patient Assessment Centers for centralized resource referral system 2.Increase access to and develop more low barrier access to treatment 3.Address gap in services for youth/teens 4.Conduct feasibility and needs study of a Recovery High School on Cape Cod 5.Develop treatment options tailored for specialized populations and training for all staff on working with more diverse population a.i.e.: older adult population, LGBTQIA+, People of Color RSAC Menu of Program Examples See appendix C of the supporting documents. Additional Information and Resources 1.For answers to questions about abatement strategies, reporting and technical support, email OpioidRecoveryandRemediationFund@mass.gov. Website coming soon! 2.For answers to local finance law questions relating to the settlement funds, local officials should email their question and phone number to Department of Revenue’s Division of Local Services at DLSlaw@dor.state.ma.us. DLS also published answers to FAQs about municipal treatment of opioid settlement funds in its July 7th issue of City & Town. 3.For procurement-related guidance and technical assistance, contact the Office of the Inspector General’s Chapter 30B procurement team, at 617-722-8838 or 30BHotline@mass.gov. The OIG also published answers to FAQs about the municipal abatement funds here. 4.For information on how to pool funds with neighboring municipalities, contact the Office of Local and Regional Health (OLRH): https://www.mass.gov/orgs/office-of-local-and- regional-health For additional resources, see Appendix D of the supporting documents. Kate Lena Substance Use Prevention Program Manager kate.lena@barnstablecounty.org 508-375-6845 Mandi Speakman BCHS Deputy Director Mandi.speakman@barnstablecounty.org 508-470-4936 Main Office: 508-375-6600 | www.barnstablecounty.org Barnstable County Regional Government of Cape Cod 3195 Main Street | Barnstable, Massachusetts 02630 Department of Human Services Joseph R. Pacheco Director Mandi Speakman Deputy Director TO: FROM: Barnstable County Department of Human Services and the Regional Substance Addiction Council (RSAC) DATE: SUBJECT: Statewide Opioid Settlements with Opioid Industry Defendants: Memo, Program Options, and References INTRODUCTION AND BACKGROUND On July 21, 2021 Massachusetts Attorney General Maura Healey announced a $26 billion settlement agreement with opioid distributors and Johnson & Johnson, which will provide more than $500 million to the Commonwealth and its cities and towns for prevention, harm reduction, treatment, and recovery across Massachusetts. (More information can be found at the Attorney General’s website: https://www.mass.gov/service-details/learn-about-the-ags- statewide-opioid-settlements-with-opioid-industry-defendants) This settlement holds accountable several corporations that contributed to the over- prescription of opioids in Massachusetts and brings needed relief to people struggling with substance use disorder. The settlement agreement includes pharmaceutical distributers Cardinal, McKesson, and AmerisourceBergen as well as Johnson & Johnson, which manufactured and marketed opioids. The settlement also requires significant industry changes that are designed to prevent this from happening again. The AG’s Office supports the settlement and has been laying the groundwork for its implementation in Massachusetts and Main Office: 508-375-6600 | www.barnstablecounty.org Barnstable County Regional Government of Cape Cod 3195 Main Street | Barnstable, Massachusetts 02630 Department of Human Services has created the Opioid Recovery and Remediation Fund (ORRF). (For more information on the ORRF: https://www.mass.gov/orgs/opioid-recovery-and-remediation-fund-advisory-council) Per information distributed from the Attorney General’s office (https://www.mass.gov/info- details/frequently-asked-questions-about-the-ags-statewide-opioid-settlements#(1)-how-will- abatement-funds-ma-receives-under-statewide-opioid-settlements-be-distributed?-), under the state’s approved State-Subdivision Agreement, 40% of abatement funds coming into the Commonwealth under statewide opioid settlements will be allocated to the state’s municipalities. 60% of the abatement funds will be allocated to the Opioid Recovery and Remediation Fund to further be dispensed into the community through Department of Public Health grants. Municipalities that completed the Subdivision Settlement Participation Form by March 31, 2022 and agree to use the payments to abate the opioid crisis in their communities will be receiving a portion of the settlement funds directly in the form of eighteen (18) payments over the next seventeen (17) years. STATE GUIDELINES FOR MUNICIPALITIES According to the State-Subdivision Agreement, abatement funds allocated to municipalities shall be used to implement the strategies set forth below. Municipalities are encouraged to pool abatement funds to increase their impact, including by utilizing the Office of Local and Regional Health’s (OLRH) Shared Service infrastructure (https://www.mass.gov/orgs/office-of- local-and-regional-health). Municipal abatement funds shall not be used to fund care reimbursed by the state, including through MassHealth and the Bureau of Substance Addiction Services (BSAS), although local or area agencies or programs that provide state-reimbursed services can be supported financially in other ways that help meet the needs of their participants. The sectors in which settlement funds may be spent include: Main Office: 508-375-6600 | www.barnstablecounty.org Barnstable County Regional Government of Cape Cod 3195 Main Street | Barnstable, Massachusetts 02630 Department of Human Services 1. Opioid Use Disorder Treatment 2. Support People in Treatment and Recovery 3. Connections to Care 4. Harm Reduction 5. Address the Needs of Criminal-Justice-Involved-People 6. Support Pregnant or Parenting Women and their Families, Including Babies with Neonatal Abstinence Syndrome 7. Prevent Misuse of Opioids and Implement Prevention Education See Appendix A for expanded guidelines for municipal funding put forth by the Attorney General’s office. MUNICIPAL REPORTING REQUIREMENTS Please refer to the following link for more information regarding requirements for municipalities: https://www.mass.gov/doc/massachusetts-abatement-terms/download REGIONAL SUBSTANCE ADDICTION COUNCIL (RSAC) GUIDANCE The below list of example programs is by no means an exhaustive list of all evidence-based uses of the funds. The Prevention, Harm Reduction, Recovery, and Treatment lists of options were based on community needs as collected by the RSAC and RSAC topical Work Groups, and reflects identified gaps in services within Barnstable County. General Recommendations 1. Municipalities are encouraged to pool funds and/or to collaborate. 2. Include people impacted by substance use disorder as part of the decision-making on how to spend the funds (i.e.: people in recovery, people who are actively using substances, family members). Main Office: 508-375-6600 | www.barnstablecounty.org Barnstable County Regional Government of Cape Cod 3195 Main Street | Barnstable, Massachusetts 02630 Department of Human Services 3. Create evidence-based plans for spending that are cognizant of any spending constraints there may be (timeframe, content). 4. Spend funds on substance use-related projects that will directly impact people with substance use disorder and their loved ones. Prevention Provide: 1. Support for youth behavioral health and substance use surveys in schools and in other youth-serving organizations. 2. Substance use and health decision-making education in schools. 3. Education on risk and protective factors, including practical information on how to increase protective factors and decrease risk factors. 4. More clinicians to serve youth and young adults. 5. Financial and clinical support services to children who have lost a parent to substance use or overdose, as well as to the family members taking care of them. Harm Reduction Create: 1. More safe and secure day programs and housing for people who are actively using substances. 2. Harm Reduction or Drug User Health Manager roles within towns to provide support for people who are actively using or in early recovery. Provide: 1. Resources for people who use drugs on occasion versus on a regular basis. 2. Broader and lower barrier access to Narcan. Main Office: 508-375-6600 | www.barnstablecounty.org Barnstable County Regional Government of Cape Cod 3195 Main Street | Barnstable, Massachusetts 02630 Department of Human Services Increase empathy and decrease stigma through education on addiction, substance use, harm reduction, fentanyl, and why people use substances. Recovery 1. Ensure programming focuses on long term recovery in addition to short term recovery. 2. Create Recovery Support Navigator roles within towns, emergency departments, courts, and jails to support people in all stages of recovery. This role should embrace all forms of treatment, all definitions of recovery, and should operate within a Harm Reduction framework. 3. Promote recovery support group alternatives to NA/AA (i.e.: Refuge Recovery, SMART Recovery) 4. Provide: a. Education on relapse prevention. b. Recovery Support Funding: transportation, basic needs (toiletries, clothing, nutrition), housing (emergency, sober, long term), legal (IDs, sealing records). Treatment 1. Research and develop plans to create Patient Assessment Centers for a centralized resource referral system. This would be an opportunity to collaborate with neighboring towns. 2. Increase access to and develop more low barrier treatment. 3. Address gaps in services for youth, teens, and young adults, for example: a. Develop safe and specific treatment and recovery services for youth. b. Institute support protocols for students transitioning back to school post- treatment. Main Office: 508-375-6600 | www.barnstablecounty.org Barnstable County Regional Government of Cape Cod 3195 Main Street | Barnstable, Massachusetts 02630 Department of Human Services c. Implement alternative peer group programs and alternatives to suspension programs. 4. Develop safe treatment options tailored for specialized populations and training for all staff on working with more diverse populations, i.e.: youth, older adults, LGBTQIA+, Black, Indigenous, People of Color (BIPOC). 5. Conduct feasibility and needs study on development of a Recovery High School on Cape Cod to assess the region’s need, desire, and sustainability. APPENDICES Appendix A: Opioid Settlement MA- Subdivision Agreement v. McKesson-Cardinal-AmBergen- JNJ Appendix B: Municipal Estimates of Settlement Amounts Appendix C: Menu of Program Examples Appendix D: References 1 Massachusetts State-Subdivision Agreement for Statewide Opioid Settlements A. Statewide Opioid Settlements. As used herein, the term “Statewide Opioid Settlements” refers to statewide opioid settlements reached by or before January 1, 2026 between the Massachusetts Attorney General and non-bankrupt opioid industry participants, pursuant to which certain Massachusetts political subdivisions (“Massachusetts Subdivisions”) are eligible to participate and share in Global Settlement Abatement Funds (“Abatement Funds”), in exchange for releases. For avoidance of doubt, the July 2021 opioid settlements between the Massachusetts Attorney General and opioid distributors McKesson, Cardinal, AmerisourceBergen, and opioid-maker Johnson & Johnson (“Settlements”) are Statewide Opioid Settlements. Unless otherwise stated, the capitalized terms herein shall have the same meaning as in the Settlements. B. Massachusetts Abatement Terms. Abatement Funds shall be used solely to supplement and strengthen, rather than supplant, resources for prevention, harm reduction, treatment, and recovery, in accordance with the purposes and subject to the requirements in the appended Massachusetts Abatement Terms. C. Allocation of Abatement Funds to Massachusetts Subdivisions. The Massachusetts Subdivisions shall collectively be eligible to receive 40% of each Annual Payment of Abatement Funds that come into the state, allocated among them in the percentages reflected in the Settlements, so long as they timely submit Subdivision Settlement Participation Forms in the form attached to the Statewide Opioid Settlements. Participating Subdivisions may elect to share or pool the funds they receive and collaborate on abatement efforts. Participating Subdivisions may also elect to reallocate to the statewide Opioid Recovery and Remediation Fund some or all of their allocation of any Statewide Opioid Settlement with timely notice to the Settlement Administrator. D. Allocation of Abatement Funds to Statewide Opioid Recovery and Remediation Fund. The statewide Opioid Recovery and Remediation Fund (“ORRF”) shall receive 60% of each Annual Payment of Abatement Funds as well as: (a) amounts voluntarily reallocated to it by Participating Subdivisions; (b) amounts allocated to Subdivisions that are Non-Participating Subdivisions as of a Payment Date; and (c) any other Abatement Funds not paid out pursuant to Section C. The ORRF is a Statutory Trust, as that term is defined in the Settlements, established by the legislature in 2021 to expand access to opioid use disorder, prevention, intervention, treatment and recovery options throughout Massachusetts. The ORRF is administered by the Executive Office of Health and Human Services in consultation with a 20-member state- and municipal-appointed advisory council with expertise and experience with opioid use disorder.1 E. Consent Judgments. This Agreement will be appended to proposed Consent Judgments filed in the Massachusetts Superior Court, in an action or actions filed by the Attorney General, consistent with the Statewide Opioid Settlements and any related legislation. In the event of a 1 Current appointees include nonprofit leaders, physicians, professors, and public officials from Amherst, Boston, Brockton, Falmouth, Framingham, Lynn, New Bedford, Pittsfield, Springfield, and Worcester. The advisory council holds public meetings every quarter about priorities for addressing the opioid epidemic in Massachusetts. DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 2 conflict between this Agreement and the Statewide Opioid Settlements, the Statewide Opioid Settlements will govern. F. State-Subdivision Agreement. This Agreement is a State-Subdivision Agreement as forth in Exhibit O to the Settlements and shall take effect subject to the approval requirements therein. G. Authority. The undersigned officials understand and agree to be bound by this Agreement and represent that their execution of this Agreement is voluntary and authorized. H. Counterparts. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement. *** THE COMMONWEALTH OF MASSACHUSETTS MAURA HEALEY ATTORNEY GENERAL Date: March 4, 2022 Name of Participating Subdivision: Signature: Name of Signer: Title: Address: Phone Number: Email: Date: BARNSTABLE COUNTY ELIZABETH ALBERT COUNTY ADMINISTRATOR 3195 MAIN STREET BARNSTABLE, MA 02630 508-375-6626 balbert@barnstablecounty.org DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 3/8/2022 3 MASSACHUSETTS ABATEMENT TERMS I. STATEWIDE COMMITMENT TO ABATEMENT The Commonwealth and its municipalities have a shared commitment to using abatement funds recovered from statewide opioid settlements to supplement and strengthen resources available to Massachusetts communities and families for substance use disorder prevention, harm reduction, treatment, and recovery in a matter that: reflects the input of our communities, of people who have personal experience with the opioid crisis, of experts in treatment and prevention, and of staff and organizations that are carrying out the abatement work; addresses disparities in existing services and outcomes and improves equity and the health of individuals and communities disadvantaged by race, wealth, and stigma, including through efforts to increase diversity among service providers; addresses mental health conditions, substance use disorders, and other behavior health needs that occur together with opioid use disorder (“OUD”); leverages programs and services already reimbursed by state agencies and programs, including direct care reimbursed by MassHealth and the state’s Bureau of Substance Addiction Services (“BSAS”); and encourages innovation, fills gaps and fixes shortcomings of existing approaches; supplements rather than supplants resources for prevention, harm reduction, treatment, and recovery; includes evidence-based, evidence-informed, and promising programs; and takes advantage of the flexibility that is allowed for these funds.2 This document sets forth: how abatement funds from these settlements must be used by the state and its municipalities (Sections II and III); how the state will support municipal abatement initiatives (Section IV); and state and municipal reporting requirements (Section V). II. STATE USE OF ABATEMENT FUNDS Abatement funds directed to the state shall be deposited into the statewide Opioid Recovery and Remediation Fund to supplement prevention, harm reduction, treatment, and recovery programs throughout Massachusetts. The Fund is overseen by the Commonwealth’s Executive Office of Health and Human Services (“EOHHS”) together with a Council comprised of 10 municipal appointees appointed by the Massachusetts Municipal Association and 10 state 2 In this document, the words “fund” and “support” are used interchangeably and mean to create, expand, or sustain a program, service, or activity. References to persons with opioid use disorder are intended in a broad practical manner to address the public health crisis, rather than to require a clinical diagnosis, and they include, for example, persons who have suffered an opioid overdose. It is also understood that OUD is often accompanied by co-occurring substance use disorder or mental health conditions, and it is intended that the strategies in this document will support persons with OUD and any co-occurring SUD and mental health conditions. DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 4 appointees qualified by experience and expertise regarding opioid use disorder. Appointees serve for two years. The Council holds public meetings every quarter to identify priorities for addressing the opioid epidemic in Massachusetts. III. MUNICIPAL USE OF ABATEMENT FUNDS Abatement funds allocated to municipalities shall be used to implement the strategies set forth below. Municipalities are encouraged to pool abatement funds to increase their impact, including by utilizing the Office of Local and Regional Health’s Shared Service infrastructure. Municipal abatement funds shall not be used to fund care reimbursed by the state, including through MassHealth and BSAS, although local or area agencies or programs that provide state- reimbursed services can be supported financially in other ways that help meet the needs of their participants. 1. Opioid Use Disorder Treatment Support and promote treatment of persons with OUD, including through programs or strategies that: a. Expand mobile intervention, treatment, telehealth treatment, and recovery services offered by qualified providers, including peer recovery coaches. b. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. c. Make capital expenditures to rehabilitate and expand facilities that offer treatment for OUD, in partnership with treatment providers. d. Treat trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose). 2. Support People In Treatment And Recovery Support and promote programs or strategies that: a. Provide comprehensive wrap-around services to individuals with OUD, including job placement, job training, or childcare. b. Provide access to housing for people with OUD, including supportive housing, recovery housing, housing, rent, move-in deposits, and utilities assistance programs, training for housing providers, or recovery housing programs that integrate FDA-approved medication with other support services. c. Rehabilitate properties appropriate for low-threshold and recovery housing, including in partnership with DHCD-funded agencies and OUD-specialized organizations. d. Provide peer support specialists that support people in accessing OUD treatment, trauma- informed counseling and recovery support, harm reduction services, primary healthcare, DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 5 or other services, including support for long-term recovery encompassing relapse, treatment, and continued recovery. e. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD. f. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD. g. Provide transportation to treatment or recovery services for persons with OUD. h. Provide employment training or educational services for persons with OUD, such as job training, job placement, interview coaching, community college or vocational school courses, transportation to these activities, or similar supports. i. Increase the number and capacity of high-quality recovery programs to help people in recovery. j. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. k. Support programs for recovery in schools and/or standalone recovery high schools. l. Support bereaved families and frontline care providers. 3. Connections To Care Provide connections to care for people who have, or are at risk of developing, OUD through programs or strategies that: a. Support the work of Emergency Medical Systems, including peer support specialists and post-overdose response teams, to connect individuals to trauma-informed treatment recovery support, harm reduction services, primary healthcare, or other appropriate services following an opioid overdose or other opioid-related adverse event. b. Support school-based services related to OUD, such as school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. This should include alternatives to suspension or interaction with school resource officers such as restorative justice approaches. c. Fund services or training to encourage early identification and intervention for families, children, or adolescents who may be struggling with use of drugs or mental health conditions, including peer-based programs and Youth Mental Health First Aid. Training programs may target families, caregivers, school staff, peers, neighbors, health or human services professionals, or others in contact with children or adolescents. DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 6 d. Include Fire Department partnerships such as Safe Stations.3 4. Harm Reduction Support efforts to prevent overdose deaths or other opioid-related harms through strategies that: a. Increase availability of naloxone and other drugs that treat overdoses for first responders,4 overdose patients, individuals with OUD and their friends and family, schools, community-based organizations, community navigators and outreach workers, persons being released from jail or prison, or the public. b. Provide training and education regarding naloxone and other drugs that treat overdoses. c. “Naloxone Plus” strategies to ensure that individuals who receive naloxone to reverse an overdose are linked to treatment programs or other appropriate services. d. Approve and fund syringe service programs and other programs to reduce harms associated with drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, syringe collection and disposal, connections to care, and the full range of harm reduction and treatment services provided by these programs. e. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, primary and behavioral health care, recovery support, or other appropriate services to persons with OUD. f. Promote efforts to train health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD in crisis training and harm reduction strategies. g. Active outreach strategies such as the Drug Abuse Response Team model or the Post Overdose Support Team model. h. Provide outreach and services for people who use drugs and are not yet in treatment, including services that build relationships with and support for people with OUD. 5. Address The Needs Of Criminal-Justice-Involved Persons Support diversion and deflection programs and strategies for criminal-justice-involved persons with OUD, including: a. Programs, that connect individuals involved in the criminal justice system and upon release from jail or prison to OUD harm reduction services, treatment, recovery support, primary healthcare, prevention, legal support, or other supports, or that provide these 3 Safe Stations currently operate in Fall River and Revere. See, e.g., https://www.mma.org/fall-river-fire-stations- become-safe-stations-for-people-seeking-addiction-treatment/. 4 Municipalities can purchase discounted naloxone kits from the State Office of Pharmacy Services. See https://www.mass.gov/service-details/bulk-purchasing-of-naloxone. DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 7 services. b. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater OUD expertise. c. Public safety-led diversion strategies such as the Law Enforcement Assisted Diversion model. d. Participate in membership organizations such as the Police Assisted Addiction Recovery Initiative for training and networking and utilize law enforcement training opportunities such as the Safety and Health Integration in the Enforcement of Laws on Drugs (SHIELD) model. 5 6. Support Pregnant Or Parenting Women And Their Families, Including Babies With Neonatal Abstinence Syndrome Support pregnant or parenting women with OUD and their families, including babies with neonatal abstinence syndrome, through programs or strategies that provide family supports or childcare services for parents with OUD, including supporting programs such as: a. FIRST Steps Together, a home visiting program for parents in recovery that currently has seven sites serving cities and towns across the state; b. Pregnant/post-partum and family residential treatment programs, including and in addition to the eight family residential treatment programs currently funded by DPH; and c. the Moms Do Care recovery support program that has grown from two to ten programs in the state. 7. Prevent Misuse Of Opioids And Implement Prevention Education Support efforts to prevent misuse of opioids through strategies that: a. Support programs, policies, and practices that have demonstrated effectiveness in preventing drug misuse among youth. These strategies can be found at a number of existing evidence-based registries such as Blueprints for Health Youth Development (https://www.blueprintsprograms.org/). b. Support community coalitions in developing and implementing a comprehensive strategic plan for substance misuse prevention. There are a number of evidence based models for strategic planning to consider including but not limited to the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (https://www.samhsa.gov/sites/default/files/20190620-samhsa-strategic- prevention-framework-guide.pdf) and Communities That Care developed by the University of Washington (https://www.communitiesthatcare.net/programs/ctc-plus/). c. Engage a robust multi-sector coalition of stakeholders in both the development and implementation of the above stated strategic plan (https://www.prevention- 5 See https://paariusa.org DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 8 first.org/centers/center-for-community-engagement/about-this-center/). d. Support community-based education or intervention services for families, youth, and adolescents at risk for OUD. e. Support greater access to mental health services and supports for young people, including services provided in school and in the community to address mental health needs in young people that (when not addressed) increase the risk of opioid or another drug misuse. f. Initiate, enhance, and sustain local youth health assessment through the implementation of a validated survey tool to develop localized strategic plans that will inform the best ways to institute or enhance strategies to reduce and prevent youth substance misuse, including mental health services and supports for young people, intervention services for families, and youth-focused programs, policies, and practices that have demonstrated effectiveness in reducing and preventing drug misuse. IV. STATE SUPPORT FOR MUNICIPAL ABATEMENT AND INTER-MUNICIPAL COLLABORATION EOHHS and the Department of Public Health (DPH), including through its Office of Local and Regional Health (OLRH), will support municipal abatement initiatives by providing strategic guidance to help Massachusetts municipalities select and implement abatement strategies and effectively pool their resources through inter-municipal Shared Service Agreements, as well as other technical assistance. By pooling resources, functions, and expertise, a consortium of cities and towns can expand the public health protections and services they offer residents. In addition, EOHHS/DPH will collect information regarding municipal abatement and publish an annual report to provide the public with information about the municipal abatement work and to highlight effective strategies, lessons learned, and opportunities for further progress. The support for municipal abatement described in this Section IV will be funded by the state abatement funds described in Section II, above. V. REPORTING AND RECORD-KEEPING REQUIREMENTS A. STATE REPORTING. Annually, not later than October 1, the secretary of EOHHS shall file a report on the activity, revenue and expenditures to and from the statewide Opioid Recovery and Remediation Fund in the prior fiscal year with the clerks of the senate and the house of representatives, the house and senate committees on ways and means and the joint committee on mental health, substance use and recovery and made available on the executive office of health and human services’ public website. The report shall include, but not be limited to: revenue credited to the fund; expenditures attributable to the administrative costs of the executive office; an itemized list of the funds expended from the fund; data and an assessment of how well resources have been directed to vulnerable and under-served communities. EOHHS filed its first Annual Report on October 1, 2021. DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 9 B. MUNICIPAL REPORTING. Cities and towns that receive annual abatement distributions of $35,000 6 or more, whether individually or pooled through OLRH Shared Service arrangements, will be required to submit annual reports of their Municipal Abatement Fund expenditures in the prior fiscal year to EOHHS, starting in FY2023. The reports shall include, but not be limited to: municipal abatement funds received; an itemized list of the funds expended for abatement and administrative costs, if applicable; the unexpended balance; a brief description of the funded abatement strategies and efforts to direct resources to vulnerable and under-served communities. Additional reporting-related guidance shall be provided. All municipalities must: maintain, for a period of at least 5 years after funds are received, documents sufficient to reflect that Municipal Abatement Funds were utilized for the Municipal Abatement Strategies listed herein.7 6 EOHHS retains the right to modify this reporting threshold. 7 Nothing in this document reduces obligations under public records law. DocuSign Envelope ID: 29916803-5066-46D0-A15D-323F46FA4CE6 Barn. County & Towns Opioid Settlement Estimates (JNJ & 3 Distribs), v. 4‐11‐22 Data as of 3/8/22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A B C D E F G H I J K L M N O P Q R S T U V Allocation of Municipal Opioid Abatement Funds Among Eligible Subdivisions Source: Gillian Feiner, AG's Office, via email 3/8/22 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 TOTAL $ 23,644,883 $ 12,530,556 17,061,730$ $ 17,869,778 $ 11,081,673 $ 11,081,673 $ 12,773,657 $ 13,176,510 $ 13,176,510 $ 11,375,468 $ 9,497,907 $ 9,497,907 $ 9,497,907 $ 9,497,907 $ 9,497,907 $ 9,497,907 $ 9,497,907 210,257,785 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 TOTAL County of Barnstable 0.06395%$ 15,120 $ 8,013 $ 10,911 $ 11,427 $ 7,087 $ 7,087 $ 8,169 $ 8,426 $ 8,426 $ 7,274 $ 6,074 $ 6,074 $ 6,074 $ 6,074 $ 6,074 $ 6,074 $ 6,074 134,456$ County of Barnstable Towns: Towns: 1 Barnstable (Town of)0.85783%$ 202,833 $ 107,491 $ 146,361 $ 153,292 $ 95,062 $ 95,062 $ 109,576 $ 113,032 $ 113,032 $ 97,582 $ 81,476 $ 81,476 $ 81,476 $ 81,476 $ 81,476 $ 81,476 $ 81,476 1,803,656$ Barnstable (Town of) 2 Bourne 0.37840%$ 89,471 $ 47,415 $ 64,561 $ 67,618 $ 41,932 $ 41,932 $ 48,335 $ 49,859 $ 49,859 $ 43,044 $ 35,940 $ 35,940 $ 35,940 $ 35,940 $ 35,940 $ 35,940 $ 35,940 795,605$ Bourne 3 Brewster 0.12845%$ 30,371 $ 16,095 $ 21,915 $ 22,953 $ 14,234 $ 14,234 $ 16,407 $ 16,925 $ 16,925 $ 14,611 $ 12,200 $ 12,200 $ 12,200 $ 12,200 $ 12,200 $ 12,200 $ 12,200 270,070$ Brewster 4 Chatham 0.16853%$ 39,850 $ 21,118 $ 28,755 $ 30,117 $ 18,676 $ 18,676 $ 21,528 $ 22,207 $ 22,207 $ 19,172 $ 16,007 $ 16,007 $ 16,007 $ 16,007 $ 16,007 $ 16,007 $ 16,007 354,356$ Chatham 5 Dennis 0.09700%$ 22,940 $ 12,157 $ 16,553 $ 17,337 $ 10,751 $ 10,751 $ 12,393 $ 12,784 $ 12,784 $ 11,036 $ 9,215 $ 9,215 $ 9,215 $ 9,215 $ 9,215 $ 9,215 $ 9,215 203,989$ Dennis 6 Eastham 0.07870%$ 18,607 $ 9,861 $ 13,426 $ 14,062 $ 8,720 $ 8,720 $ 10,052 $ 10,369 $ 10,369 $ 8,952 $ 7,474 $ 7,474 $ 7,474 $ 7,474 $ 7,474 $ 7,474 $ 7,474 165,455$ Eastham 7 Falmouth 0.66330%$ 156,833 $ 83,113 $ 113,168 $ 118,527 $ 73,503 $ 73,503 $ 84,726 $ 87,398 $ 87,398 $ 75,452 $ 62,998 $ 62,998 $ 62,998 $ 62,998 $ 62,998 $ 62,998 $ 62,998 1,394,606$ Falmouth 8 Harwich 0.28640%$ 67,726 $ 35,891 $ 48,870 $ 51,185 $ 31,741 $ 31,741 $ 36,588 $ 37,742 $ 37,742 $ 32,583 $ 27,205 $ 27,205 $ 27,205 $ 27,205 $ 27,205 $ 27,205 $ 27,205 602,243$ Harwich 9 Mashpee 0.34590%$ 81,791 $ 43,345 $ 59,019 $ 61,814 $ 38,333 $ 38,333 $ 44,186 $ 45,580 $ 45,580 $ 39,349 $ 32,855 $ 32,855 $ 32,855 $ 32,855 $ 32,855 $ 32,855 $ 32,855 727,313$ Mashpee 10 Orleans 0.09350%$ 22,109 $ 11,717 $ 15,954 $ 16,709 $ 10,362 $ 10,362 $ 11,944 $ 12,321 $ 12,321 $ 10,637 $ 8,881 $ 8,881 $ 8,881 $ 8,881 $ 8,881 $ 8,881 $ 8,881 196,602$ Orleans 11 Provincetown 0.08950%$ 21,163 $ 11,215 $ 15,271 $ 15,994 $ 9,918 $ 9,918 $ 11,433 $ 11,793 $ 11,793 $ 10,181 $ 8,501 $ 8,501 $ 8,501 $ 8,501 $ 8,501 $ 8,501 $ 8,501 188,184$ Provincetown 12 Sandwich 0.49450%$ 116,922 $ 61,962 $ 84,369 $ 88,364 $ 54,798 $ 54,798 $ 63,164 $ 65,157 $ 65,157 $ 56,251 $ 46,966 $ 46,966 $ 46,966 $ 46,966 $ 46,966 $ 46,966 $ 46,966 1,039,704$ Sandwich 13 Truro 0.06040%$ 14,287 $ 7,572 $ 10,310 $ 10,798 $ 6,696 $ 6,696 $ 7,718 $ 7,962 $ 7,962 $ 6,874 $ 5,739 $ 5,739 $ 5,739 $ 5,739 $ 5,739 $ 5,739 $ 5,739 127,048$ Truro 14 Wellfleet 0.06680%$ 15,790 $ 8,368 $ 11,394 $ 11,934 $ 7,400 $ 7,400 $ 8,530 $ 8,799 $ 8,799 $ 7,597 $ 6,343 $ 6,343 $ 6,343 $ 6,343 $ 6,343 $ 6,343 $ 6,343 140,412$ Wellfleet 15 Yarmouth 0.13080%$ 30,937 $ 16,395 $ 22,323 $ 23,381 $ 14,499 $ 14,499 $ 16,713 $ 17,240 $ 17,240 $ 14,884 $ 12,427 $ 12,427 $ 12,427 $ 12,427 $ 12,427 $ 12,427 $ 12,427 275,099$ Yarmouth TOTAL $ 946,750 $ 501,728 $ 683,160 $ 715,512 $ 443,712 $ 443,712 $ 511,462 $ 527,594 $ 527,594 $ 455,479 $ 380,301 $ 380,301 $ 380,301 $ 380,301 $ 380,301 $ 380,301 $ 380,301 8,418,798$ TOTAL Allocation of Municipal Abatement Funds Among Eligible Subdivisions: Barnstable County Total Municipal Abatement Funds for Allocation Among Eligible Subdivisions: State of MA Program Name Brief Description Estimated Annual Budget (Cost to Town to Implement) Pooling Funds Possible/Collaboration Encouraged Ages Served Example Model Program Current Barnstable County Locations Contact for More Information Additional Resources Alternative Peer Group Under the guidance of counselors, family therapist, recovery peer mentors and certified recovery coaches, teens will be able to unbottle underlying feelings and concerns that their substance use often masks. The teens develop the skills and resilience necessary to grow and create positive change in their lives. This is a peer recovery program for youth and young adults. $15,000 from each town would support expansion of program to increase number of youth served, with future possibility to expand to other areas of Cape Cod Yes 13-17 Recovery Build Falmouth, Dennis Stephanie Briody-Behavioral Health Innovators Drug User Health and Outreach Case Manager Create a Drug User Health and Outreach Case Manager position within towns. This individual would provide Harm Reduction services including Narcan distribution and access to sterile injection equipment; referrals and education to and on all treatment options; referrals and education to and on all recovery support options. They would serve people who use drugs, people in early or long term recovery, and loved ones of people with substance use disorder. .5 FTE or two .5 FTE Collaboration with neighboring towns is recommended to provide support for people who use substances across small regions within Barnstable County. all ages This position would expand upon current Recovery Support Navigator positions to ensure inclusion of Harm Reduction framework, and would expand their work to include working with people who are still in active addiction/active use. Various towns hold grants for Recovery Support Navigator or similar positions across the Commonwealth Kate Lena, Substance Use Prevention Program Manager, Barnstable County Human Services. Click here for more information on Harm Reduction Recovery High School Recovery High Schools provide students and their families with the support necessary so that students with substance use disorder can complete their high school education in an environment that supports the individual's unique recovery needs. These high schools operate like other public schools, following Department of Elementary and Secondary Education regulations and requirements. Regionalization would result in cost- sharing A feasibility and needs study to assess the region's need, desire and sustainability of such a school is recommended. High School Ages Northshore Recovery High School Does not currently exist on Cape Cod Stephanie Briody-Behavioral Health Innovators Syringe Service Program A holistic program designed to serve people who are actively using substances. This program includes access to clean sterile supplies for injection as well as safe disposal for used injection supplies. In addition program participants can typically access testing for HIV, HCV, and STIs with referrals for treatment; overdose prevention education and Narcan; referrals to healthcare services and substance use treatment. $0 to town. Local agency would be funded through MDPH to provide free services with Board of Health letter of support Collaboration with neighboring towns is recommended to provide support for people who use substances across small regions within Barnstable County. A vote by the Board of Health to provide a letter of support is needed for each town involved. 18+AIDS Support Group of Cape Cod Sandwich, Falmouth, Barnstable, Provincetown, Martha's Vineyard Tanya Kohli-AIDS Support Group of Cape Cod Click here for more information on Harm Reduction Treatment Programs for Specialized Populations Developing treatment programs for specialized populations recognizes that not one option will work for everyone. Some examples of this would be hiring a youth specialist to work within an existing treatment facility; creating a Structured Outpatient Addiction Program (SOAP) for the aging population, for LGBTQIA+ population, for People of Color; training all staff on working with more diverse populations. .5 FTE or two .5 FTE focused on specific population Yes The age group served depends on the population targeting Current MDPH grant open to BSAS- contracted-only OBATs and OTPs for funding to enhance OBAT/OTP servies in order to increase access and reach underserved populations Various treatment program currently operate in Barnstable County Jen Miller, M.A.-State Opioid Response (SOR) Program Manager, Bureau of Substance Addiction Services, Massachusetts Department of Public Health. Al-Anon & Alateen Al-Anon & Alateen Ronnie Gullete Learn to Cope Learn to Cope Lisa Donoghue Parents Supporting Parents Parents Supporting Parents Linda Cubellis Opioid Settlement and Remediation Funds Menu of Example Programs Family Support Group Family Support groups provide peer support for family members and loved ones of people with substance use disorder. There are multiple models operating on Cape Cod which all have different missions, structures, and services offered. Three of these programs are Al-Anon & Alateen; Learn to Cope; and Parents Supporting Parents. $0 to town Collaboration with neighboring towns is recommended to provide support for families across small regions within Barnstable County. All ages One Shared Spirit DJ Lopez-One Shared Spirit, Outreach Coordinator Pier Recovery Center Shelby Silverson-PIER Recovery Center of Cape Cod, Program Director Wellstrong Danielle Alexandrov-Wellstrong, Executive Director Town Substance Use Coalition A group of individuals invested in implementing efforts and town advocacy focused on substance use. Can involve town employees, residents in recovery and their family members, and local providers. Meeting frequency and leadership structure varies town-by-town. < 1 PTE to act as Coalition staff liaison (may use existing staff) Collaboration with neighboring town coalitions is recommended, and regional coalitions is allowable. All ages Substance use coalitions currently exist in: Bourne, Falmouth, Mashpee, Yarmouth, Dennis, Sandwich (in beginning phases) Substance use coalitions currently exist in: Bourne, Falmouth, Mashpee, Yarmouth, Dennis, Sandwich (in beginning phases) Kate Lena-Barnstable County Human Services, Substance Use Prevention Program Manager. Recovery Support Fund A Recovery Support Fund would provide people who are actively using substances, people in various stages of recovery, and loved ones of those with substance use disorder, with the financial support to accomplish their self-determined goals. This would include transportation support for treatment and recovery services, overall wellness needs, support needed to increase recovery capital, basic survival needs (toiletries, clothing, nutrition support), housing (emergency, sober, long term), and legal issues (securing an ID, sealing records). Variable Yes All ages Outer Cape Health Services contracts with various towns to provide recovey support services and funds, through current Funds. Interested parties submit requests through point persons stationed within different human services and health organizations, like Outer Cape Health Services. Approval is granted through the Fund board and funds are dispensed to individual. Outer Cape Health Services contracts with various towns to provide recovey support services and funds: Wellfleet, Truro Brianne Smith-Outer Cape Health Services Barnstable, Falmouth, MashpeeRecovery Support Center The Massachusetts Department of Public Health defines Peer Recovery Support Centers as recovery- oriented sanctuaries, anchored in the heart of their communities, support mulitple pathways, provide hope, and promote wellness. The centers are run by peers, and offer education, resources, social events, recreational activities, and various wellness groups. The Recovery Support Centers provide members the opportunity to build their own unique individual, social and community support, to help prevent relapse and promote long-term recovery from addiction. There are different recovery support center models that can include a focus on wellness, art and music, and/or any other activities. Variable, pending town location available for Center to operate out of vs need to rent/purchase space; # of staff; available state or private grants to support Center; model of Recovery Support Center Yes The age group served depends on the focus on the center, ie: youth, young adults, adults References As the Opioid Settlement funds are not awarded through Barnstable County, further technical assistance requests should be directed to the contacts listed in Section A of this reference guide. For information regarding substance use efforts at the Barnstable County Department of Human Services (Section B), please email Kate Lena at kate.lena@barnstablecounty.org For more information regarding any of the substance use topics mentioned in the memo, please see the below resources (Section C – Section G). SECTION A: Statewide Opioid Settlement Virtual Forum Follow-Up Information This email was distributed by the Attorney General’s office and the Massachusetts Department of Public Health, following a community forum on August 12, 2022. 1. To see a copy of the presentation or for answers to settlement-related FAQs, charts reflecting estimated payments, and other information about the settlements, visit the AGO’s Statewide Opioid Settlements webpage or email MAOpioidSettlements@mass.gov. 2. For educational materials about the state’s Open Meeting Law, visit the AGO’s webpage. 3. For answers to questions about abatement strategies, reporting and technical support, email OpioidRecoveryandRemediationFund@mass.gov. Website coming soon! 4. For answers to local finance law questions relating to the settlement funds, local officials should email their question and phone number to Department of Revenue’s Division of Local Services at DLSlaw@dor.state.ma.us. DLS also published answers to FAQs about municipal treatment of opioid settlement funds in its July 7th issue of City & Town. 5. For procurement-related guidance and technical assistance, contact the Office of the Inspector General’s Chapter 30B procurement team, at617-722-8838 or 30BHotline@mass.gov. The OIG also published answers to FAQs about the municipal abatement funds here. 6. For information on how to pool funds with neighboring municipalities, contact the Office of Local and Regional Health (OLRH): https://www.mass.gov/orgs/office-of-local-and-regional- health. SECTION B: Barnstable County Department of Human Services 1. Regional Substance Addiction Council (RSAC): The Barnstable County Regional Substance Addiction Council’s (RSAC) purpose is to establish a communication infrastructure across towns, providers, organizations, and individuals on Cape Cod to help the region identify and address gaps and disparities in the service system, maximize inter-agency collaboration and to maximize funding and resource opportunities. a. https://www.capecod.gov/departments/human-services/initiatives/substance-use- prevention/regional-substance-use-council-publications-and-data/ 2. My Choice Matters: My Choice Matters is a social norming campaign that works with a coordinated system of prevention, harm reduction, treatment, and recovery partners, so that Cape Cod Communities are happy, healthy, safe and thriving.. a. https://www.mychoicematters.net/ SECTION C: Prevention: SAMHSA explains substance use prevention as: activities that work to educate and support individuals and communities to prevent the use and misuse of drugs and the development of substance use disorders. 1. SAMHSA Prevention Page a. https://www.samhsa.gov/prevention-week 2. MDPH BSAS Prevention Page a. https://www.mass.gov/topics/substance-use-prevention SECTION D: Harm Reduction: The National Harm Reduction Coalition defines Harm Reduction as: Harm reduction is a set of practical strategies and ideas aimed at reducing negative consequences associated with drug use. Harm Reduction is also a movement for social justice built on a belief in, and respect for, the rights of people who use drugs. 1. Harm Reduction Coalition a. https://harmreduction.org/ 2. Drug Policy Alliance a. https://drugpolicy.org/ 3. CDC Syringe Services Programming Information a. https://www.cdc.gov/ssp/syringe-services-programs-faq.html 4. HealthAffairs “Defending Syringe Service Programs” a. https://www.healthaffairs.org/do/10.1377/forefront.20210817.592015 5. MDPH BSAS Opioid Overdose Prevention Information a. https://www.mass.gov/opioid-overdose-prevention-information 6. MDPH BSAS Syringe Service Programs a. https://www.mass.gov/syringe-service-programs SECTION E: Recovery: SAMHSA’s working definition for recovery is: a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. BCDHS recognizes all forms and definitions of recovery. 1. Massachusetts Organization for Addiction Recovery (MOAR) a. https://www.moar-recovery.org/ 2. MDPH BSAS Peer Recovery Support Centers page a. https://www.mass.gov/info-details/peer-recovery-support-centers SECTION F: Treatment: The National Institute on Drug Abuse (NIDA) defines drug treatment as: Drug treatment is intended to help people with substance use disorders stop compulsive drug seeking and use. Treatment can occur in a variety of settings, take many different forms, and last for different lengths of time. Because drug addiction is typically a chronic disorder characterized by occasional relapses, a short- term, one-time treatment is usually not sufficient. For many, treatment is a long-term process that involves multiple interventions and regular monitoring. BCDHS recognizes all forms of treatment as pathways to a healthier individual. 1. Boston Medical Center Grayken Center for Addiction Training and Technical Assistance a. https://www.addictiontraining.org/ 2. SAMHSA’s MAT Program Page a. https://www.samhsa.gov/medication-assisted-treatment 3. Massachusetts Substance Use Helpline a. https://helplinema.org/ 4. National Institute on Drug Abuse (NIDA) a. https://nida.nih.gov/publications/principles-drug-addiction-treatment-research-based- guide-third-edition/frequently-asked-questions/what-drug-addiction-treatment SECTION G: Data and Reports 1. MDPH BSAS Substance Addiction Data and Reports a. https://www.mass.gov/substance-addiction-data-and-reports 2. MDPH BSAS Opioid Statistics a. https://www.mass.gov/lists/current-opioid-statistics View this em ail in your brows er New DPH Bureau of Substance A ddiction Services (BSAS) Webpage Providing Resources to Municipalities on Using Opioid Abatem ent Funds As the first waves of municipal abatement funds roll out, BSAS has launched a new webpage featuring: resources for muni ci palities planning how to use their abatement funds; updates on existing free harm reduction resources and opportunities to purchase related commodities using statewide contracts; state procurement announcements of note; and information about annual reporting, including a draft FY23 annual report municipali ti es can use to plan ahead. FY23 reports will be due in August of 2023 All parti ci pati ng municipalities are encouraged to submit a report, and those that recei ve $35,000 or more in FY23 are required to. Municipal officials can email D PHMuniOpioidAbatementQs@mass.gov with questions. Addi ti onal support and technical assistance will also be made available going forward. Please bookmark the webpage and continue to check back for updates. To learn more about the settlements and for answers to frequently asked questions, including about payment timing and amounts, and payments your municipality has already recei ved, check the AG’s website. Archive d: Thursday, November 3, 2022 10:40:59 AM From: MAOpioidSettlements Se nt: Wed, 2 Nov 2022 20:35:07 +0000ARC To: MAOpioidSettlements Subje ct: New BSAS Webpage for Municipalities Using Opioid Abatement Funds Se ns itivity: Normal 2022 abatement payments are expected to be complete thi s we e k! See be l ow for information about DPH’s new webpage f or muni ci paliti e s using opioid abate me nt funds. C LICK HERE TO VIST >> Sincerely, Department of Public H ealth Bureau of Substance Addiction Services mass.gov/DPH | @MassDPH 250 Washington Street, Boston, MA 02108 The Brewster School Committee voted unanimously on October 20, 2022, to table the issue of consolidation of the Stony Brook and Eddy Schools at this time. Neither school can accommodate the preK-5 student population until enrollment of incoming classes declines fur- ther, reducing the number of classrooms required. The Committee’s decision was informed by multiple sources, including the consultants’ report received last January, input from teachers and staff, the public forum on March 1, 2022, as well as site visits and on- going discussion with administration, over the months of deliberation. Current enrollment and short-term projections indicate a need for in- creased space, including one more classroom for 5th grade next year, as well as potential growth of the new all-day pre-K program. At this time, consolidation would negatively impact educational pro- gramming and provide constraints on services to students. Special education services would also be negatively impacted at a time when these needs are becoming more specialized and are necessary for more of the students. The Committee also cited significant challenges in after-school programming and licensure, as well as scheduling shared spaces such as the gym and cafeteria. It’s important to note that consolidation has been tabled, not voted down, and can be revisited when enrollment figures indicate the need to do so. The School Committee will continue to monitor enrollment, and will work collaboratively with all stakeholders to ensure that the existing physical plant of both the Stony Brook and Eddy Elementary Schools meets the educational needs of the students in our commu- nity. The School Committee would like to thank the community for their in- put and their support of quality education for the children in Brewster. Submitted by: Katie Miller Jacobus, Chair BREWSTER SCHOOLS BUILDING USE SUMMARY AND IMPACT SBES CURRENT USAGE 14 Grade Level Classrooms (w/PreK) 1 Grade Level Classroom as PK Office 1 Room World Language 3 YMCA (Child care - rented) 2 Full-size Classrooms SE Teachers 1 Full-size Classroom OT 1 Full-size Classroom Speech/Lang. 1 Full-size Classroom Rdg. Teacher 1 Full-size Classroom ESL 2 Full-size Classrooms - Interventions 1 Art Room 1 Room Storage 29 TOTAL - full-size classrooms Other Learning Spaces: 2 Smaller classrooms - SE and Music 1 Prof Dev /STEAM / Intervention Room 1 Full-size Gymnasium Summary - Current Use of Space in 2 Buildings 25 Grade level classrooms (Incl. PreK) 5 Rooms - Science, Music, Art (full-size) 1 World Language 3 SE Rooms - Full-size 9 Rooms - SE Support Services/Rdg./ESL/Intervention 3 YMCA Rooms 2 Brewster Rec. Rooms 2 Rooms PreK Office & Storage 50 TOTAL - full-size classrooms EDDY CURRENT USAGE 11 Grade Level Classrooms 1 Full-size Special Education Room 1 Reading/Intervention Room 1 Tech/Library Room 1 Additional Classroom, Support/Chorus 1 OT/PT Room (full size) 2 Brewster Recreation rooms (full size) 1 Music Room - full-size 1 Art Room 1 Science Lab 21 TOTAL - full-size classrooms Other Learning Spaces: 2 Smaller ESL/SE Support Rooms 2 Smaller/Special Education Rooms 1 Former Computer Lab ~ Intervention 1 Full-size Gymnasium Proposed - Consolidation Usage 24 Grade Level Classrooms 2 PreK Rooms (if Option 1) 1 World Language 2 Special Education/Substantially Separate 1 Additional Special Education/Support 1 Science Lab Space 1 Art Room 1 OT/PT (smaller) 1 Music - (smaller) 8 Small SE Locations 32 TOTAL - full-size classrooms / 10 smaller rooms Likely Impact on Programs/Services Special Education Programs/Services (Including speech, OT, PT, and new expanded district-wide special education program [ASD]) - may not have access to larger rooms and/or may need to share smaller spaces - causes difficulty with services and group sizes Intervention/Enrichment Programs - same impact as above with services due to smaller spaces Class sizes - May need to increase if we reduce to 3 rooms/grade level before we drop below minimum class size recommendations Physical Education - shared gymnasium - two classes at the same time Other Specialists – Art/Music – No problem w/25 classes or fewer; May need adjustment if more classes Technology/Library – May have overlapping times with two classes in the library/media space Cafeteria - more students per lunch time (Likely two grade levels in order to keep reasonable lunch times) Some classrooms may not be ideal for Pre-K, K, and/or special education (e.g. bathrooms w/in the rooms) Playground at Stony Brook designed for younger students Storage (may need additional storage) To: Brewster Select Board, Dave Whitney, Chair From: Kari Hoffmann, Brewster Select Board Re: Comments regarding School Consolidation Thank you for including my comments in the discussion on November 7, 2022. As the Brewster Select Board Liaison to the Brewster School Committee, I have been attending almost every School Committee meeting since I was appointed to that roll by the Select Board Chair in 2021. I have noted that the Brewster School Committee has kept “School Consolidation” on their agenda as a continuing topic after discussions began with the release of the Elementary School Master Plan (Habeeb & Associates, January 2022). After careful observation of the process, I support the decision of the Brewster School Committee to table and put “on hold” the consolidation of the schools at this time. As stated by Brewster School Committee Chair, Katie Miller-Jacobus at the School Committee meeting on October 20, “…the current student population at the Brewster Elementary Schools cannot be accommodated wholly either in Stony Brook or the Eddy School…” Given the current educational needs of our youngest residents, I do not believe that we can count on these facilities for any other purpose at this time. It’s important to note that school consolidation has not been “voted down” so the topic will be able to be discussed again when consolidation would be feasible without significantly impacting the quality of the education of our young children. Our Brewster Elementary Schools, Eddy and Stony Brook, are two of the jewels in our town. They offer a welcoming setting and excellent educational experiences for children with a variety of needs. Thank you to all community members, staff, and boards/committees who have been involved in this process. Habeeb & Associates Architects www.habeebarch.com 1 Determining the Best Possible use for the Stony Brook Elementary School & Eddy Elementary Schools BREWSTER ELEMENTARY SCHOOLS PREK-G5 STUDY The Issue: - declining enrollment - surplus school space THE ASSIGNMENT ▫Estimate Enrollment Projections ▫Examine the Physical Conditions ▫Assess the Educational Adequacy ▫Develop Options and Costs 1 2 3 Habeeb & Associates Architects www.habeebarch.com 2 HISTORIC ENROLLMENT CURRENT ENROLLMENT CURRENT ENROLLMENT -BALANCING CLASS SIZE 16.5 16.25 18.25 17.25 17.75 18.67 20.50 Average Class Size 4 5 6 Habeeb & Associates Architects www.habeebarch.com 3 REGIONAL ENROLLMENT REGIONAL ENROLLMENT MULTIPLE DATA SOURCES CONFIRM THE TREND Population Trend 7 8 9 Habeeb & Associates Architects www.habeebarch.com 4 PROJECTED ENROLLMENT Maximum Enrollment For Planning Purposes Prekindergarten: 30 students Kindergarten: 80 students Grades 1-5: 400 students (80 per grade) Total 510 students PHYSICAL CONDITION ASSESSMENT 5 Areas of Assessment •Building envelope & energy efficiency •Building interiors •Mechanical & fire protection •Electrical, fire alarm, data, security •Site PHYSICAL CONDITION AREAS OF ASSESSMENT 10 11 12 Habeeb & Associates Architects www.habeebarch.com 5 PHYSICAL CONDITION SUMMARY PHYSICAL CONDITION SUMMARY Scope 1 – Necessary/Not Yet Critical Scope 2 – Recommended Scope 3 – Does Not Meet Current Codes for new construction but “Grandfathered” Capital Budget 1,650,000 1,895,000 PHYSICAL CONDITION EDDY ELEMENTARY SCHOOL 13 14 15 Habeeb & Associates Architects www.habeebarch.com 6 PHYSICAL CONDITION EDDY ELEMENTARY SCHOOL Year of Construction: 1996 PHYSICAL CONDITION STONY BROOK ELEMENTARY SCHOOL PHYSICAL CONDITION STONY BROOK ELEMENTARY SCHOOL Year of Construction: 1976, Addition 1989 16 17 18 Habeeb & Associates Architects www.habeebarch.com 7 EDUCATIONAL SPACE ADEQUACY Good: The space provides for and supports a majority of the educational program offered. It may have minor suitability/functionality issues, but generally meets the needs of the educational program. Fair:The space has some problems meeting the needs of the educational program and needs renovation. Poor:The space has numerous problems meeting the needs of the educational program. EDDY ELEMENTARY 57,915 sf. STONY BROOK ELEMENTARY 91,044 sf. 19 20 21 Habeeb & Associates Architects www.habeebarch.com 8 BEYOND THE CLASSROOM EXISTING CAPACITY Elementary School Capacities Enrollment 2021-22 General Classrooms Gr. 1 4 20 20 General Classrooms Gr. 2 4 21 21 General Classrooms Gr. 3 4 22 22 General Classrooms Gr. 4-5 8 23 25 Pre-K Capable 2 2 2 15 30 0 15 0 K Capable 4 5 4 19 76 3 19 57 Media Center 1 per school 4 1 1 Gym 1 per school 4 1 1 Dining: Cafeteria 1 per school 4 1 1 Dining: Kitchen 1 per school 4 1 1 World Language 1 per school 0 -1 -21 -1 -21 Art Room 1 per school 4 1 1 Music Room 1 per school 4 1 1 Band/Strings 1 per school 2 1 1 STE/Maker Space Rm 1 per school 0 -1 -21 1 Self-Contained SpEd 1 per school 3 2 (need 4) -42 1 Specialist & Resource 5 per school 10 5 5 Pre-K Capacity 30 30 0 K Capacity 133 76 57 Grade 1-5 Capacity 714 420 294 Operating Capacity 877 526 351 Projected Maximum Enrollment for Planning Purposes Pre-Kindergarten:30 students/15 class cap 3 Rooms Minimum (Desire to expand program) Kindergarten: 76 students/19 class cap = 4 Kindergarten Rooms Class Size Cap Capacity Grades 1-5: (400 students maximum/21 class cap = 18 rooms ) 3-4 classrooms/ grade level 34 20 14420 294 Each takes one or more classrooms from existing total Existing Site Size in Acres 22.68 28.65 Required District Total Classrooms Class Size Cap Capacity Classrooms District: 446 231 215 Stony Brook Eddy Existing Building Size in Square Feet 91,044 57,915 OPTION 1: PREK- GR. 5 AT STONY BROOK ELEMENTARY SCHOOL Second Floor First Floor Support Spaces Specialized Classrooms Required Classrooms: Provided PreK Exansion: PreK/K Classrooms1 22 23 24 Habeeb & Associates Architects www.habeebarch.com 9 OPTION 2: PREK- GR. 5 AT EDDY ELEMENTARY SCHOOL Need: PK/K Classrooms Gr. 1-5 Classrooms Sp.Ed. Classrooms World Language 7 18 -4 -4 4 1 -2 -1 Required Classrooms: OPTION 3:KINDERGARTEN - GR. 5 AT STONY BROOK ELEMENTARY SCHOOL AND PREKINDERGARTEN AT EDDY ELEMENTARY SCHOOL Stony Brook School Stony Brook School Required Classrooms: OPTION 3:KINDERGARTEN - GR. 5 AT STONY BROOK ELEMENTARY SCHOOL AND PREKINDERGARTEN AT EDDY ELEMENTARY SCHOOL Eddy School 3 PreK Classrooms 25 26 27 Habeeb & Associates Architects www.habeebarch.com 10 OPTIONS SUMMARY OF OPTIONS COST PROJECTIONS Option 2 Option 1 Option 3 Capital Budget Stony Brook Elementary $2,335,000. Eddy Elementary $860,000. QUESTIONS? THANK YOU! 28 29 ELEMENTARY SCHOOLS MASTER PLAN TOWN OF BREWSTER REVISED FINAL REPORT: December 31, 2021 H&A JN 2113.01 D E D I C A T E D T O E X C E E D I N G O U R C L I E N T S ’ E X P E C T A T I O N S 100 GROVE ST SUITE 303 WORCESTER MA 01605-2630 774-206-3360 150 LONGWATER DR NORWELL MA 02061-1647 781-871-9804 habeebarch.com 1)Acknowledgments 3 2)Introduction 5 3)Executive Summary 7 4)Options 9 5)Educational Program Summary 21 6)Facilities Condition Assessment Summary 23 7)Educational Space Adequacy Summary 25 8)Enrollment Projections Summary 29 9)Appendices 31 Appendix A: Facilities Condition Assessment A-1 – A-27 Appendix B: Educational Space Adequacy Assessment B-1 – B-36 Appendix C: Enrollment Projection Analysis C-1 – C-23 1 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects TABLE OF CONTENTS 1)Acknowledgments 3 2)Introduction 5 3)Executive Summary 7 4)Options 9 5)Educational Program Summary 21 6)Facilities Condition Assessment Summary 23 7)Educational Space Adequacy Summary 25 8)Enrollment Projections Summary 29 9)Appendices 31 Appendix A: Facilities Condition Assessment A-1 – A-29 Appendix B: Educational Space Adequacy Assessment B-1 – B-36 Appendix C: Enrollment Projection Analysis C-1 – C-23 1)Acknowledgments 3 2)Introduction 5 3)Executive Summary 7 4)Options 9 5)Educational Program Summary 21 6)Facilities Condition Assessment Summary 23 7)Educational Space Adequacy Summary 25 8)Enrollment Projections Summary 29 9)Appendices 31 Appendix A: Facilities Condition Assessment A-1 – A-29 Appendix B: Educational Space Adequacy Assessment B-1 – B-36 Appendix C: Enrollment Projection Analysis C-1 – C-23 Appendix D: Options Cost Projections D-1 – D-4 2 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Nauset Public Schools Interim Superintendent of Schools Brooke Clenchy Principal, Stony Brook Elementary School Principal, Eddy Elementary School Elementary Curriculum Coordinator Assistant Principal, Stony Brook Elementary School Assistant Principal, Eddy Elementary School Keith Gauley Allyson Joy Director of Business & Support Services Accounting Manager Giovanna Vendetti James Nowack Head Custodian Barry Schofield (Retired) Jeffrey Bernard Brewster School Committee Brewster School Committee David Telman, Chair Sarah Sherman, Member Katie Jacobus, Member Casey Mecca, Member Judi Lech, Member Architectural Consultant Habeeb & Associates Architects 150 Longwater Drive, Norwell, MA 02061 781-871-9804 President, Principal Architect Educational Planner, Project Manager Steven C. Habeeb, AIA, LEED AP shabeeb@habeebarch.com John D. Shea, M.Ed., ALEP jshea@habeebarch.com 3 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects ACKNOWLEDGMENTS 4 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects INTRODUCTION Faced with declining enrollment, resulting in surplus school space, Brewster School Committee / Town of Brewster engaged Habeeb & Associates Architects (H&A) to conduct a study of possible facility options that would meet the educational needs of both the current and the projected enrollment of the pre-kindergarten through grade 5 student population. The Town of Brewster has two elementary schools, Stony Brook Elementary School (grades kindergarten through grade 2) and Eddy Elementary School (grades 3-5). The Town of Brewster, along with the towns of Orleans, Eastham, and Wellfleet, is a member of the Nauset Public School District, which serves prekindergarten and grades 6-12. The prekindergarten program is currently housed in Stony Brook Elementary School, in Brewster. Nauset Regional Middle School is located in Orleans, and Nauset Regional High School are located in Eastham. This study evaluated two Brewster school buildings, Stony Brook Elementary School and Eddy Elementary School. The analysis considered enrollment trends, building capacities, quality of space, flexibility of space, instructional practices, programmatic needs, technology infrastructure, and school use. Based on the projected enrollment of the student population and the desired educational program of the Brewster Elementary Schools, several options to meet the needs of this student population were developed. The options are detailed on the following pages and include existing educational spaces, required educational spaces, operating capacities, magnitude of renovations and projected costs for upgrades. The options are in no particular order, as each has benefits and challenges which will require analysis prior to the selection of one to implement. Advantages and disadvantages of each option include estimated costs to execute the options and the magnitude of work required to modify the schools. The intent of this report is to provide a basis for a long-term educational facilities plan. The physical conditions of the facilities have been considered, as well as the educational suitability/adequacy of the school buildings and the report guides the Town of Brewster in determining the measures that will be necessary to support the changing educational needs of the community. 5 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects INTRODUCTION 6 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects EXECUTIVE SUMMARY Brewster’s decline in elementary school enrollment has resulted in a surplus of educational space. The 2021-2022 enrollment at Stony Brook Elementary School, serving prekindergarten through grade 2 is 231 students. The enrollment at Eddy Elementary School, serving students in grades 3 through 5 is 215 students. Therefore, the town’s total enrollment is 446 students from prekindergarten through grade 5. This elementary school population is not expected to increase over the next two decades. A consolidation of the schools will result in a more efficient use of town resources. A single school with a capacity of approximately 500 students will meet the needs of the school district and community. Each school has advantages over the other, however the total size of the buildings is the greatest determining factor. For this reason, Stony Brook Elementary School, at 91,044 sf., has been identified as the preferred school to operate as the town’s only elementary school. Eddy Elementary School at 57,915 could be repurposed to meet the changing needs of the community. As Brewster Public Schools plans for future enrollments and flexibility to address changes in populations, it will be prudent to plan for slightly higher enrollments to accommodate a modest growth in population. The district should consider the following maximum enrollments for space planning purposes: Prekindergarten: 30 students. (If approved, Universal Pre-K would double the size of this program.) Kindergarten: 80 students. Grades 1-5: 80 students per grade level or 400 students. This would bring the total maximum enrollment of 510 students for space planning purposes. Both schools have been well-maintained over the years, although Stony Brook Elementary School, constructed in 1976 with an addition added in 1989 is twenty years older than Eddy School which was constructed in 1996. Age, size, and type of construction must be considered for future operational costs. Capital Budget requests to address Stony Brooks’ aging infrastructure include replacement of boilers, water heaters, classroom unit ventilators, and conversion of the building heating source from oil to natural gas have been submitted. Capital Budget requests and items identified in the facilities condition assessments included in this report reveal the future operational cost of both buildings. 7 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects EXECUTIVE SUMMARY 8 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects DEVELOPMENT OF OPTIONS Working with the Brewster elementary school administrators, Habeeb & Associates Architects (H&A) developed three options for the Town to consider. OPTION 1 This option creates one pre-kindergarten through grade 5, town-wide school at the Stony Brook Elementary School. Eddy Elementary School would close. * OPTION 2 This option creates one pre-kindergarten through grade 5, town-wide school at the Eddy Elementary School. Stony Brook Elementary School would close. * OPTION 3 This option reconfigures Stony Brook Elementary School to serve kindergarten through grade five. The prekindergarten program would be located at Eddy Elementary School. Surplus educational space could be used to address other needs of the town. School Building Capacities Exceed Future Needs Our examination of the enrollment capacities and projected future enrollments reveals that Brewster has surplus educational space. Considering the elementary class size guidelines, the available number of classrooms and instructional program needs, Stony Brook Elementary School has an enrollment capacity of 484 students and Eddy Elementary School has a capacity of 351 students, for a total capacity of 835 students. The forecasted maximum prekindergarten through grade 5 enrollment is under 500 students over the next two decades. The table below contains a list of the required educational spaces with required counts of each grade level and program type. Tallies are show for both Stony Brook Elementary and Eddy Elementary as well as the district totals. * Future change could shift grade 5 to Nauset Regional Schools. Space needs of Nauset Regional Schools are not included in this report. 9 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects OPTIONS DEVELOPMENT OF OPTIONS Working with the Brewster elementary school administrators, Habeeb & Associates Architects (H&A) developed three options for the Town to consider. OPTION 1 This option creates one pre-kindergarten through grade 5, town-wide school at the Stony Brook Elementary School. Eddy Elementary School would close. * OPTION 2 This option creates one pre-kindergarten through grade 5, town-wide school at the Eddy Elementary School. Stony Brook Elementary School would close. * OPTION 3 This option reconfigures Stony Brook Elementary School to serve kindergarten through grade five. The prekindergarten program would be located at Eddy Elementary School. Surplus educational space could be used to address other needs of the town. School Building Capacities Exceed Future Needs Our examination of the enrollment capacities and projected future enrollments reveals that Brewster has surplus educational space. Considering the elementary class size guidelines, the available number of classrooms and instructional program needs, Stony Brook Elementary School has an enrollment capacity of 484 students and Eddy Elementary School has a capacity of 351 students, for a total capacity of 835 students. The forecasted maximum prekindergarten through grade 5 enrollment is under 500 students over the next two decades. The table below contains a list of the required educational spaces with required counts of each grade level and program type. Tallies are shown for both Stony Brook Elementary and Eddy Elementary as well as the district totals. The project costs for the three options are detailed in Appendix D. * Future change could shift grade 5 to Nauset Regional Schools. Space needs of Nauset Regional Schools are not included in this report. Elementary School Capacities Stony Brook Eddy Existing Building Size in Square Feet 91,044 57,915 Existing Site Size in Acres 22.68 28.65 Enrollment 2021-22 District: 446 231 215 Required District Total Classrooms Class Size Cap Capacity Classrooms Class Size Cap Capacity General Classrooms Gr. 1 4 32 18 20 378 14 20 294General Classrooms Gr. 2 4 21 21 General Classrooms Gr. 3 4 22 22 General Classrooms Gr. 4-5 8 23 25 Pre-K Capable 2 2 2 15 30 0 15 0 K Capable 4 5 4 19 76 3 19 57 Media Center 1 per school 4 1 1 Gym 1 per school 4 1 1 Dining: Cafeteria 1 per school 4 1 1 Dining: Kitchen 1 per school 4 1 1 World Language 1 per school 0 -1 -21 -1 -21 Art Room 1 per school 4 1 1 Music Room 1 per school 4 1 1 Band/Strings 1 per school 2 1 1 STE/Maker Space Rm 1 per school 0 -1 -21 1 Self-Contained SpEd 1 per school 3 2 (need 4)-42 1 Specialist & Resource 5 per school 10 5 5 Pre-K Capacity 30 30 0 K Capacity 133 76 57 Grade 1-5 Capacity 672 378 294 Operating Capacity 835 484 351 Projected Maximum Enrollment for Planning Purposes Pre-Kindergarten:30 students/15 class cap 3 Rooms Minimum (Desire to expand program) Kindergarten: 76 students/19 class cap = 4 Kindergarten Rooms Each takes one or more classrooms from existing totalGrades 1-5: (400 students maximum/21 class cap = 18 rooms ) 3-4 classrooms/ grade level 10 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects OPTIONS Elementary School Capacities Stony Brook Eddy Existing Building Size in Square Feet 91,044 57,915 Existing Site Size in Acres 22.68 28.65 Enrollment 2021-22 District: 446 231 215 Required District Total Classrooms Class Size Cap Capacity Classrooms Class Size Cap Capacity General Classrooms Gr. 1 4 32 18 20 378 14 20 294General Classrooms Gr. 2 4 21 21 General Classrooms Gr. 3 4 22 22 General Classrooms Gr. 4-5 8 23 25 Pre-K Capable 2 2 2 15 30 0 15 0 K Capable 4 5 4 19 76 3 19 57 Media Center 1 per school 4 1 1 Gym 1 per school 4 1 1 Dining: Cafeteria 1 per school 4 1 1 Dining: Kitchen 1 per school 4 1 1 World Language 1 per school 0 -1 -21 -1 -21 Art Room 1 per school 4 1 1 Music Room 1 per school 4 1 1 Band/Strings 1 per school 2 1 1 STE/Maker Space Rm 1 per school 0 -1 -21 1 Self-Contained SpEd 1 per school 3 2 (need 4)-42 1 Specialist & Resource 5 per school 10 5 5 Pre-K Capacity 30 30 0 K Capacity 133 76 57 Grade 1-5 Capacity 672 378 294 Operating Capacity 835 484 351 Projected Maximum Enrollment for Planning Purposes Pre-Kindergarten:30 students/15 class cap 3 Rooms Minimum (Desire to expand program) Kindergarten: 76 students/19 class cap = 4 Kindergarten Rooms Each takes one or more classrooms from existing totalGrades 1-5: (400 students maximum/21 class cap = 18 rooms ) 3-4 classrooms/ grade level Elementary School Capacities Stony Brook Eddy Existing Building Size in Square Feet 91,044 57,915 Existing Site Size in Acres 22.68 28.65 Enrollment 2021-22 District: 446 231 215 Required Classrooms Class Size Cap Capacity Classrooms Class Size Cap Capacity General Classrooms Gr. 1 4 18 20 378 14 20 294General Classrooms Gr. 2 4 21 21 General Classrooms Gr. 3 4 22 22 General Classrooms Gr. 4-5 8 23 25 Pre-K Capable 3 3 15 45 0 15 0 K Capable 4 4 19 76 3 19 57 Media Center 1 per school 1 1 Gym 1 per school 1 1 Dining: Cafeteria 1 per school 1 1 Dining: Kitchen 1 per school 1 1 World Language 1 per school -1 -1 Art Room 1 per school 1 1 Music Room 1 per school 1 1 Band/Strings 1 per school 1 1 STE/Maker Space Rm 1 per school -1 1 Self-Contained SpEd 2 per school 2 1 (need 2) Specialist & Resource 5 per school 5 5 Pre-K Capacity 45 45 0 K Capacity 76 76 57 Grade 1-5 Capacity 396 378 294 Operating Capacity 517 499 351 Projected Maximum Enrollment for Planning Purposes Pre-Kindergarten:30 students/15 class cap 3 Rooms Minimum (Desire to expand program) Kindergarten: 76 students/19 class cap = 4 Kindergarten Rooms Grades 1-5: (400 students maximum/21 class cap = 18 rooms) 3-4 classrooms/ grade level Currently deficient Program Capacities were calculated by applying Brewster’s Class Size Guidelines as a loading factor for the number of classrooms available. Program Capacity is typically lower than original Design Capacity because new programs added to address educational needs or local, state, and federal initiatives, require space thus reducing the number of general classrooms. The graphics below contrast the Design Capacities of both schools and the potential Program Capacity for Stony Brook Elementary School. Eddy Elementary School Design Capacity PreK/K Classrooms x19 =357 students Grade 1-5 Classrooms x21 = 315 students Total 372 students 15 3 Eddy Elementary School was designed with 3 prekindergarten/kindergarten classrooms and 16 general education classrooms. Based on Brewster’s class size guidelines, the Design Capacity is 57 kindergarten students and 315 grade 1-5 students, a total of 372 students. 11 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects OPTIONS Stony Brook Elementary School Design Capacity Stony Brook Elementary School’s design includes 5 prekindergarten/kindergarten classrooms and 23 general education classrooms. Based on Brewster’s class size guidelines, the Design Capacity is 95 kindergarten students and 483 grade 1-5 students, a total of 578 students. First Floor 12 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects OPTIONS PreK/K Classrooms x19 =395 students Grade 1-5 Classrooms x21 = 483 students Total 578 students 23 5 Second Floor 13 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects OPTIONS 14 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects OPTIONS Eddy Elementary School Program Capacity Program Capacity is typically lower than original Design Capacity because new programs are added over years to address changing educational needs or to support local, state and federal initiatives. When not included in the design, dedicated spaces for specialized subject areas including art, general music, instrumental music, world languages, STE (science, technology, engineering) and special education services reduce the number of general classrooms. PreK/K Classrooms x19 =357 students Grade 1-5 Classrooms x21 = 294 students Total 351 students 14 3 Providing space for special subject areas and special needs programs, Eddy Elementary School has 3 prekindergarten/kindergarten classrooms and 14 general education classrooms. Based on Brewster’s class size guidelines, the Program Capacity is 57 kindergarten students and 294 grade 1-5 students, a total of 351 students. 15 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects OPTIONS Stony Brook Elementary School Program Capacity - includes PreK Providing space for special subject areas and special needs programs, Stony Brook Elementary School has 5 prekindergarten/kindergarten classrooms. A 6th prekindergarten/kindergarten classroom could be programmed by utilizing one general classroom. Based on Brewster’s class size guidelines, the Program Capacity is 30 prekindergarten students, 76 kindergarten students and 378 grade 1-5 students, a total of 484 students. First Floor 16 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects OPTIONS Second Floor PreK Classrooms x15 =330 students Kindergarten Classrooms x19 =376 students Grade 1-5 Classrooms x21 = 378 students Total 484 students 18 2 4 Second Floor 17 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects OPTIONS Stony Brook Elementary School Program Capacity - does not include PreK Providing space for special subject areas and special needs programs, but not including the prekindergarten program, Stony Brook Elementary School has 4 kindergarten classrooms and 20 general educations for grades 1-5. Based on Brewster’s class size guidelines, the Program Capacity is 76 kindergarten students and 420 grade 1-5 students, a total of 496 students. First Floor 18 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects OPTIONS PreK Classrooms x15 =330 students Kindergarten Classrooms x19 =376 students Grade 1-5 Classrooms x21 = 420 students Total 496 students 0 4 20 Second Floor 19 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects OPTIONS 20 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects EDUCATIONAL PROGRAM SUMMARY In meetings between Habeeb & Associates Architects (H&A) and the Brewster elementary school administration, it was determined that a set of space criteria would be established to provide for consistency and parity among the elementary schools. To do so, we utilized the Massachusetts School Building Authority (MSBA) Space Standard Guidelines to establish standard sizes for all educational and support spaces. The quantities of all educational space types were determined by using projected enrollment numbers and program space needs identified by Brewster. It was determined that the schools should have sufficient classrooms to realize the targets below for optimal and equitable class size. To achieve class size targets for a projected maximum elementary enrollment according to the guidelines shown above, the following maximum of student enrollment numbers were used in calculations: Total prekindergarten through grade 5 enrollment of 510 students. Prekindergarten: 30 students. Kindergarten: 80 students. Grades 1-5: 400 students. Therefore, Brewster elementary schools need six classrooms for prekindergarten - kindergarten and 20 classrooms for grades 1-5. It was determined elementary school space should provide a gymnasium, cafeteria, library/media center, an art room with storage, a music room with instrumental practice spaces, a world language room, and a science/technology engineering room equipped with a sink for grades 3 and up. Brewster Class Size Guidelines Grade Level Minimum Target Maximum K 14 17 19 1 14 17 20 2 14 17 21 3 16 19 22 4 18 21 23 5 18 21 23 The Town of Brewster identified the following Elementary School space needs to support the educational program: Self-Contained SPED: 2 per designated school @ 900 sf. each Special Education Rooms: 3-5 per school @ 500 sf. each Small Group Reading: 1 per school @ 500 sf. Small Group Math: 1 per school @ 500 sf. STE Room (Science, Technology, Engineering) for Gr. 3-5: 1 per school @ 1080 sf. each Speech & Language Room: 1 per school @ 200-250 sf. Guidance Counselor: 1 per school @ 250 sf. Adjustment Counselor: 1 per school @ 250 sf. Occupational & Physical Therapies: 1 per school @ 200-250 sf. School Psychologist/Testing Room: 1 per school @ 150 sf. Teacher Collaboration, Prep and Planning Room 1 per school @ 500 sf. Conference Room: 1 rooms @ 250 sf. Behavioral, calming room @ 250 sf. 21 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects EDUCATIONAL PROGRAM SUMMARY 22 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects FACILITIES CONDITION ASSESSMENT SUMMARY The Facilities Condition Assessment was performed to evaluate the current physical conditions of Brewster’s elementary schools and to develop recommendations with related budgets for the long- range repair and upgrade plans and/or possible consolidation. The evaluations were based upon visual inspection, review of available documents, and interviews with facilities personnel. Stony Brook Elementary School, located at 384 Underpass Road, opened in 1976. In 1987 an addition was built, and the school was renovated in 2010. In 2020-21, the 91,044 sf. building served 211 students in pre-kindergarten through grade 2. Eddy Elementary School, located at 2298 Main Street, opened in 1996. The 57,915 sf. building served 231 students in grades 3-5 in 2020-21. In general, the buildings have been well maintained by the custodial and maintenance staff. The deficiencies observed were related to age of systems and components, usage, newer code requirements and improvements recommended to provide an environment suitable for 21st Century learning practices. The data sheets and photographs included in the Facilities Condition Assessment in Appendix A detail the recommendations and associated costs for the deficiencies identified at each school. Estimated costs for projects to be completed in future years contain escalation factors to account for inflation. For the Stony Brook school, some known maintenance items are already accounted for in the Capital Budget and therefore excluded from the cost estimates of the Facilities Condition Assessment. The costs outlined in this report note only facilities maintenance needs. If the Town moves forward with a consolidation of the schools, it will be necessary to adapt the space within the Stony Brook School to accommodate the increased enrollment. If the schools are consolidated within the Eddy Elementary school, an addition will be necessary. Modification of some classrooms, special subject rooms, and common areas will be required to accommodate the increased student enrollment and faculty and staff space needs in either school. Category Scope 1 Scope 2 Scope 3 Total Facilities Condition Summary 1. EDDY ELEMENTARY SCHOOL 351,104 1,800,256 0 2,151,360 2. STONY BROOK ELEMENTARY SCHOOL 224,088 1,238,744 469,755 1,932,587 1Total:575,192 3,039,000 469,755 4,083,947 1Total Inflated @ 4% Compounded Annually 622,128 3,697,408 571,529 4,891,065 1Totals include Soft Costs (30%): Contingency, Administration and A/E Fees. 23 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects FACILITIES CONDITION ASSESSMENT SUMMARY 24 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects EDUCATIONAL SPACE ADEQUACY INTRODUCTION Habeeb and Associates Architects (H&A) conducted educational space adequacy assessments of the Stony Brook Elementary School and the Eddy Elementary School to evaluate how well each facility supports the current educational programs and to determine the suitability of the buildings for different configurations. The findings within the Educational Space Adequacy Assessment in Appendix B can be used as a comparative indicator to identify the relative programmatic capacities and potential to meet future needs of the Town of Brewster. The educational adequacy assessment evaluates how well each school is equipped to deliver the current instructional curriculum. The assessment considers the following questions while referencing MSBA (Massachusetts School Building Authority) Standards: Is the classroom the correct size? Are specialty rooms appropriately equipped? Does technology support the classroom activities? Are there adequate provisions for administration, guidance, and tutorial areas? Does the building include all of the spaces to deliver the desired educational program? Are the core spaces including cafeterias, gyms, library/media centers, of sufficient size, and appropriately equipped? Are the desired outdoor activities, including appropriate playgrounds present? Is there adequate separation of pedestrian, bus, and parent drop off traffic to ensure the safety of students? Stony Brook Elementary School opened in 1976 as Brewster Elementary School serving the kindergarten through grade 5 population of the entire town. The school reached a peak enrollment of 776 students in the 1993-94 school year. During peak enrollment, temporary, modular classrooms were utilized to provide sufficient capacity for all the students. In 1987, Stony Brook school was expanded with an addition. In 1997, Eddy School opened with an enrollment of 305 students serving as a second kindergarten through grade 5 school. The schools served defined attendance areas as “neighborhood schools”. Beginning in 2000, both schools started to experience steady enrollment decline. By 2005 the combined enrollment of the two schools was 521 students, 222 students at Eddy Elementary and 299 at Stony Brook Elementary. 25 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects EDUCATIONAL SPACE ADEQUACY SUMMARY Responding to the significant reduction in enrollment, Brewster reorganized the elementary schools in 2005-2006 to create a town-wide primary school serving 226 students (kindergarten-grade 2) at Stony Brook Elementary and an intermediate school serving 254 students (grades 3-5) at Eddy Elementary. Prekindergarten was introduced into Stony Brook in 2008. For the past 15 years, the town-wide configuration has helped the district manage a total elementary enrollment that saw a high of 523 students in 2007-08 followed by enrollments of under 500 students for the past ten years. The assessment looks at both the inside and the outside of the school. For the outside of the school, the assessment examines parking, traffic safety, play and athletic facilities, and signage. For the inside of the school, there are four areas that are assessed relative to each kind of space: environment, size, adjacency, and storage/fixed equipment. Information within this report is used to determine the actions required to align the existing facilities with the vision and goals of the district. Components within the Assessment Environment – For example, is the environment conducive to teaching and learning; is there sufficient light, HVAC, and acoustical treatment? Size of spaces – For example, do the classrooms meet the district’s size standard; is the cafeteria large enough to seat an appropriate percentage of the student body? Adjacency of spaces – For example, is the library adjacent to the classrooms for easy access to information and support; is the music space near other noisy spaces? Storage and fixed equipment in spaces – For example, is there space in the classrooms for teacher and student materials to be stored? Educational Adequacy Rating Scale Good:The space provides for and supports a majority of the educational program offered. It may have minor suitability/functionality issues, but generally meets the needs of the educational program. Fair: The space has some problems meeting the needs of the educational program and needs renovation. Poor:The space has numerous problems meeting the needs of the educational program. This educational space adequacy assessment determines how well each school will support the teaching curriculum. The assessment can also be used to help determine decisions regarding renovation versus replacement and the cost trade-off using facilities with significant deficiencies for long term use. Information within this report can be used to determine the actions required to align the existing facilities with the vision and goals of the district. 26 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects EDUCATIONAL SPACE ADEQUACY SUMMARY Comparison of Existing Educational Space Sizes with MSBA (Massachusetts School Building Authority) Guidelines CORE ACADEMIC SPACES EXISTING SPACES MSBA SPACE STANDARDS Pre-Kindergarten w/ toilet Preschool spaces in Stony Brook School 1,100 sf. min. - 1,300 sf. max. Kindergarten w/ toilet Existing spaces in both buildings meet current MSBA Standards.1,100 sf. min. - 1,300 sf. max. 2 sinks min. required General Classrooms - Grade 1-5 General Classrooms in Eddy School average approximately 860 sf. General classrooms in Stony Brook School are smaller than the standard, averaging approximately 720 sf. 900 sf. min. - 1,100 sf. max. 2 sinks min. required STE Room- Grade 3-6 Stony Brook school does not have a Science Technology Engineering room. Eddy School has one STE room. 1,080 sf. plus 120 sf. STE storage SPECIAL EDUCATION EXISTING SPACES MSBA SPACE STANDARDS Self-Contained SPED Self-contained SPED rooms must draw from the number of General Classrooms, reducing the available number of General Classrooms. Gr. 1-5: 900-1300 sf. equal to surrounding classrooms Self-Contained SPED - Toilet Available in designed kindergarten classroom of both schools.60 sf. Resource Room Provided in both schools.500 sf. (1/2 general classroom) Small Group Room / Reading Provided in both schools.500 sf. (1/2 general classroom) ART & MUSIC EXISTING SPACES MSBA SPACE STANDARDS Art Classroom - 25 seats Meets MSBA standards.Elementary Schools: 1,000 sf Art Workroom w/ Storage & Kiln Meets MSBA standards. Music Classroom w/ Music Practice/Ensemble Music rooms in both schools are smaller than the current standard.Grades K-5 1,200 sf. w/ 75 sf. practice area HEALTH & PHYSICAL EDUCATION EXISTING SPACES MSBA SPACE STANDARDS Gymnasium Slightly smaller than current size standard, but the gymnasiums in both schools are well-suited to meet the educational program. Elementary: 6,000 sf. 27 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects EDUCATIONAL SPACE ADEQUACY SUMMARY MEDIA CENTER EXISTING SPACES MSBA SPACE STANDARDS Media Center / Reading Room K-5 Media centers is both schools provide adequate space.2,020 sf. w/ Reading Room DINING & FOOD SERVICE EXISTING SPACES MSBA SPACE STANDARDS Cafeteria & Kitchen Space in both schools meet program needs Schools at all Levels: 1,600 sf. for first 300 + 1 sf./ student additional Staff Lunch Room 20 sf per occupant MEDICAL EXISTING SPACES MSBA SPACE STANDARDS Medical Suite Toilet Appropriate elementary school space 60 sf. Nurses' Office / Waiting Room Appropriate elementary school space Gr. K-5 310 sf ADMINISTRATION & GUIDANCE EXISTING SPACES MSBA SPACE STANDARDS Includes: General Office / Waiting Room / Toilet, Teachers' Mail and Time Room, Duplicating Room, Records Room, Principal's Office w/ Conference Area, Principal's Secretary / Waiting, Assistant Principal's Office, Supervisory / Spare Office, Conference Room, Guidance Office, Guidance Storeroom, Teachers' Work Room Appropriate location design in both schools Elementary Schools: 1,865 sf. total CUSTODIAL & MAINTENANCE EXISTING SPACES MSBA SPACE STANDARDS Includes: Custodian's Office, Custodian's Workshop, Custodian's Storage, Recycling Room / Trash, Receiving and General Supply, Storeroom, Network / Telecom Room Custodial and maintenance spaces are adequate in both buildings.Elementary Schools: 1,900 sf. total 28 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects EDUCATIONAL SPACE ADEQUACY SUMMARY ENROLLMENT PROJECTIONS SUMMARY Brewster’s age distribution of residents has shifted significantly. The chart below shows the substantial shifts of age that have occurred and will continue to occur. Age groups of elementary school children and the typical age groups for elementary parents have experienced notable decline, while the senior population has grown. Brewster’s higher portion of people 65 and older is expected to rise in an aging cycle while the number of school age children continues to fall. The decline in school-age population is the result of Brewster’s aging population occupying more housing units. Brewster, long known as a summer tourist and second-home vacation spot, is also a great place for retirees. Brewster is recognized in national reports for offering lifestyle, culture, and appeal as a place for retirement. (Please refer to Appendix C for a detailed analysis.) As a result of these demographic shifts, the Town of Brewster has surplus educational space which can be used to support the changing needs of the community. As Brewster Public Schools plans for future enrollments and managing changes in population, H&A recommends planning for slightly higher enrollments to accommodate a modest growth in population. School building options presented in this report use these numbers to calculate building occupancies. The district should consider the following maximum enrollments for space planning purposes: Prekindergarten: 30 students Kindergarten: 80 students Grades 1-5: 80 students/grade level/400 students Total Maximum Enrollment: 510 students (prekindergarten – grade 5). Projections completed by UMass Donohue Institute (MassDOT Vintage 2018 Population Projections) indicate that Brewster’s school age population will continue to decline through the year 2040. 275 109 446 200 461 340 Projection 2020 Projection 2040 - 50 100 150 200 250 300 350 400 450 500 Age 0-4 Age 5-9 Age 10-14 Brewster Elementary Age Population Projections for 2020 and 2040 El e m e n t a r y S t u d e n t P o p u l a t i o n 29 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects ENROLLMENT PROJECTIONS SUMMARY 30 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Appendix A: Facilities Condition Assessment Appendix B: Educational Space Adequacy Assessment Appendix C:Enrollment Projections Analysis 31 APPENDICES Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Appendix A: Facilities Condition Assessment Appendix B: Educational Space Adequacy Assessment Appendix C:Enrollment Projections Analysis Appendix D:Options Cost Projections 32 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects FACILITIES CONDITION ASSESSMENT TOWN OF BREWSTER Eddy Elementary School 2298 Main St, Brewster, MA 02631 Stony Brook Elementary School 384 Underpass Rd, Brewster, MA 02631 FINAL REPORT: December 17, 2021 H&A JN 2113.01 D E D I C A T E D T O E X C E E D I N G O U R C L I E N T S ’ E X P E C T A T I O N S 100 GROVE ST SUITE 303 WORCESTER MA 01605-2630 774-206-3360 150 LONGWATER DR NORWELL MA 02061-1647 781-871-9804 habeebarch.com A-1 A-2 1)How to Read the This Assessment A-5 2)Assessment A-9 Facilities Condition Summary Eddy Elementary School Stony Brook Elementary School A-3 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects A-4 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects EXECUTIVE SUMMARY The Executive Summary recaps the Total Inflated row from the bottom of the Building Summary sheets. These costs are then totaled at the bottom to indicate a combined proposed capital expenditure per scope. This is intended to make it easier for the reader to review and compare the overall costs for each of the scopes. SUMMARY The Summary recaps the Total row from the bottom of each category for the subject building, separated into scopes. This is intended to make it easier for the reader to review and compare the overall costs for each of the categories together with the scopes for the subject building. FACILITIES CONDITION ASSESSMENT The following is a list and brief description of the column and row headings of the Facilities Condition Assessment sheets. Description The Descriptions are the work items identified during our inspection. They usually consist of the building component and its deficiencies; and a recommendation for correcting the deficiency. Quantity The number of items: (For example, if the work item is for ”unit ventilators replacement” the building in question may have a Quantity of 60 unit ventilators to be replaced). Unit The Units are identified by a two-letter code. The unit codes are as follows: SF – Square Foot SY – Square Yard LF – Linear Foot LS – Lump Sum EA – Each. A-5 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Unit Cost The Unit Cost is the cost of one Quantity of a work item. Unit costs are preliminary construction cost estimates only and are generally based on the following references: Means Square Foot Cost Data; Means Construction Costs Data; in house cost data; professional experience; and information provided by various contractors and suppliers. Total The Total column is determined by the following equation: QUANTITY x UNIT = TOTAL. Total with Soft Costs This assessment provides preliminary construction costs associated with Soft Costs. Soft Costs generally include a contingency, (typically 10% to 15%) for unforeseen conditions; indirect administrative expenses such as legal costs, printing and advertising (typically 5% to 10%); and architectural and engineering costs (typically 10% to 15%) for a total soft cost estimate. We used a Soft Cost of 30% of the total cost in this assessment. The Total with Soft Costs is determined by the following equation: TOTAL x 1.30 = TOTAL W/ SOFT COST. Some projects may require higher or lower Soft Costs depending on the type and extent of project selected. Work items listed are provided as a guide to develop repair and renovation projects with preliminary construction cost estimates. The actual scope of a project could include a combination of work items, i.e. new ceilings and new lighting. Some other projects may require finishes, e.g. painting, which may not necessarily be broken out for that project. Scope 1 – Necessary/Not Yet Critical Predictable deterioration Potential downtime Associated damage or higher costs if deferred further Scope 2 – Recommended Sensible improvements to existing conditions that are not required for the basic function of the facility Overall usability improvement Long term maintenance cost reduction Scope 3 – Does Not Meet Current Codes for new construction but “Grandfathered” No action required at this time. However, if a substantial renovation or a substantial building addition is performed in the future, building codes may require this corrective work in addition to the work planned. A-6 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Totals Column (work items) The Totals column is the sum of the Scopes columns 1, 2, and 3, for each work item. The Totals column also shares the sum of the Total row and Total Inflated rows at the lower right corner. Total Row (scopes) The Total row is the sum of the Scopes columns 1, 2, 3, and Totals column, for each category. The Total row and Total Inflated rows are totaled at the lower right corner. Total Inflated Row The Total Inflated row is the sum of the Scopes columns 1, 2, 3, and Totals column for each category multiplied by a coefficient to determine the inflated cost at a rate of 4% and compounded annually. Scope 1 is shown with an inflation factor for work to be performed within a 2 yr period. Scope 2 is shown with an inflation factor for work to be performed within a 5 yr period. Scope 3 is shown with an inflation factor for work to be performed within a 5 yr period. The Total row and Total Inflated rows are totaled at the lower right corner. The Assessment is broken into five categories with specific evaluation concerns in each: 1. Site Storm Drainage Drives and Walks Landscaping Site Improvements Play Areas Sanitary System Accessible Parking and Entrance Approach 2. Building Envelope Roofs Exterior Walls Windows Exterior Entrances and Doors Thermal Insulation Accessible Egress and Ingress Building Structural System 3. Building Interiors Floor Finishes Wall Finishes Ceiling Finishes Interior Doors and Exitways Code Compliance Issues Accessibility for the Disabled Hazardous Material Remediation 4. Mechanical Domestic Hot Water Generation Cold Water Services Gas Services Piping for Plumbing Systems Plumbing Fixtures Heat Generation Cooling System Piping for Heating Systems Temperature Controls Ventilation Accessible Plumbing Fixtures 5. Electrical Main Services and Distribution Convenience Power Fire Alarm Systems Lighting Systems Emergency Lighting Systems Communications Systems Computer Network & Technology Systems Site Lighting Electrical Features for the Disabled Security System A-7 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects A-8 PAGE INTENTIONALLY LEFT BLANK Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Category Scope 1 Scope 2 Scope 3 Total Facilities Condition Summary 1. EDDY ELEMENTARY SCHOOL 351,104 1,800,256 0 2,151,360 2. STONY BROOK ELEMENTARY SCHOOL 224,088 1,238,744 469,755 1,932,587 1Total:575,192 3,039,000 469,755 4,083,947 1Total Inflated @ 4% Compounded Annually 622,128 3,697,408 571,529 4,891,065 1Totals include Soft Costs (30%): Contingency, Administration and A/E Fees. A-9 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Category Scope 1 Scope 2 Scope 3 Total Building Summary Eddy Elementary 1. SITE 7,800 874,250 0 882,050 2. BUILDING ENVELOPE 58,864 724,623 0 783,487 3. BUILDING INTERIORS 11,440 182,793 0 194,233 4. MECHANICAL 273,000 18,200 0 291,200 5. ELECTRICAL 0 390 0 390 1Total:351,104 1,800,256 0 2,151,360 1Total Inflated @ 4% Compounded Annually 379,754 2,190,287 0 2,570,041 1Totals include Soft Costs (30%): Contingency, Administration and A/E Fees. A-10 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 1. SITE EDDY ELEMENTARY 1.1 Repair spalling on concrete sidewalks throughout site.100 LF 45.00 4,500 5,850 5,850 5,850 1.2 Repair cracking of concrete sidewalks.100 LF 15.00 1,500 1,950 1,950 1,950 1.3 Repair bituminous paving cracks and depressions.70,000 SF 3.00 210,000 273,000 273,000 273,000 1.4 Remove and reseal sidewalk joint caulking.100 LF 45.00 4,500 5,850 5,850 5,850 1.5 Reset displaced steel bike rack.1 EA 500.00 500 650 650 650 1.6 Repair spalled concrete at each lightpole base.60 SF 25.00 1,500 1,950 1,950 1,950 1.7 Replace wooden dumpster enclosure fencing.120 LF 50.00 6,000 7,800 7,800 7,800 1.8 Repair BIO Clear waste water treatment system. Reported failures throughout site.1 LS 300,000 300,000 390,000 390,000 390,000 1.9 Make improvements to site drainage system.1 LS 150,000 150,000 195,000 195,000 195,000 Total 7,800 874,250 882,050 Total Inflated @ 4% Compounded Annually 8,436 1,063,659 1,072,095 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. A-11 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 2. BUILDING ENVELOPE EDDY ELEMENTARY 2.1 Repair, clean, and stain cedar shingles.22,756 SF 4.50 102,402 133,123 133,123 133,123 2.2 Replace wood trim at doors.120 LF 14.00 1,680 2,184 2,184 2,184 2.3 Scrape, prime, and repaint metal awnings and overhangs.1,500 SF 10.00 15,000 19,500 19,500 19,500 2.4 Remove excess vegetation from south and east exterior edges of building to allow airflow.1 LS 1,000.00 1,000 1,300 1,300 1,300 2.5 Repair gutter leaking at several locations.1 LS 1,000 1,000 1,300 1,300 1,300 2.6 Replace windows throughout.4,400 SF 100.00 440,000 572,000 572,000 572,000 2.7 Scrape, prime, and repaint exterior trim throughout.5,200 LF 8.00 41,600 54,080 54,080 54,080 Total 58,864 724,623 0 783,487 Total Inflated @ 4% Compounded Annually 63,667 881,615 0 945,282 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. A-12 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 3. BUILDING INTERIORS EDDY ELEMENTARY 3.1 Replace stained, sagging or missing 2'x4' acoustic ceiling tile.1,200 SF 12.00 14,400 18,720 18,720 18,720 3.2 Investigate cause and provide a plan to fix damage to cracks in subfloor at Nurse Office, Bathroom 27, and Classroom 45. 1 LS 2,100.00 2,100 2,730 2,730 2,730 3.3 Replace water-damaged gypsum wall board at skylight in Recreation Storage.1 LS 1,200.00 1,200 1,560 1,560 1,560 3.4 Investigate water infiltration at skylight in Recreation Storage and provide a plan to repair.1 LS 5,500.00 5,500 7,150 7,150 7,150 3.5 Prep and paint ceiling beam soffits in Cafeteria that show evidence of corrosion.480 SF 8.00 3,840 4,992 4,992 4,992 3.6 Replace discolored and outdated ceramic tile floors in Toilet Rooms.1,900 SF 18.00 34,200 44,460 44,460 44,460 3.7 Replace delaminating veneer at curved Library circulation desk.90 SF 18.00 1,620 2,106 2,106 2,106 3.8 Provide new door sweep at Kitchen.1 EA 300.00 300 390 390 390 3.9 Replace damaged or missing vinyl floor tiles in miscellaneous areas.200 SF 12.50 2,500 3,250 3,250 3,250 3.10 Deep clean stained carpet in Music Room and Grade 4-5 Corridor.3,000 SF 5.00 15,000 19,500 19,500 19,500 3.11 Replace worn out bulletin boards in Gymnasium.200 LF 25.00 5,000 6,500 6,500 6,500 3.12 Repair miscellaneous damage to classroom casework and sink bases thoughout the school.1 LS 12,000.00 12,000 15,600 15,600 15,600 A-13 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 3.13 Prep and paint classroom walls throughout the school.20,700 SF 2.50 51,750 67,275 67,275 67,275 Total 11,440 182,793 0 194,233 Total Inflated @ 4% Compounded Annually 12,374 222,396 0 234,769 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 3. BUILDING INTERIORS EDDY ELEMENTARY A-14 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 4. MECHANICAL EDDY ELEMENTARY 4.1 Repair drinking fountain in Large Group Instruction which appears to be broken.1 EA 1,000.00 1,000 1,300 1,300 1,300 4.2 Replace 2 broken drinking fountains in Gymnasium.2 EA 1,000.00 2,000 2,600 2,600 2,600 4.3 Repair or replace bagged drinking fountains in corridor.1 EA 1,000.00 1,000 1,300 1,300 1,300 4.4 There is an ongoing plumbing issue with defective copper piping. This is mostly contained to the east end of building. Pinhole pipe leaks and bad solder joints appear to be the most common reason for continued need for domestic water piping repairs. Some repairs have already been made. 35,000 SF 6.00 210,000 273,000 273,000 273,000 4.5 Repair or replace miscellaneous damaged classroom sink faucets and handles.1 LS 10,000.00 10,000 13,000 13,000 13,000 Total 273,000 18,200 0 291,200 Total Inflated @ 4% Compounded Annually 295,277 22,143 0 317,420 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. A-15 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 5. ELECTRICAL EDDY ELEMENTARY 5.1 Remove and replace exterior wall mounted light fixture.1 LS 300.00 300 390 390 390 Total 0 390 0 390 Total Inflated @ 4% Compounded Annually 0 474 0 474 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. A-16 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects EDDY ELEMENTARY SCHOOL 1. Awnings throughout need to be scraped, primed, and repainted. 2. Significant staining on shingles around the perimeter of the school. Should be power-washed clean. 3. Significant evidence caulking failure on concrete walkways. 4. Storm drain system needs upgrade. Reports of drain failures during storms. 5. Evidence of shingles buckling and falling out on the east and south sides. 6. Spalling and cracking of concrete walkways throughout perimeter of school building. A-17 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 7. Cafeteria beams appear to be corroded.8. Some vinyl floor tiles are damaged or missing.9. Other vinyl floor tiles have linear cracks that suggest damage to slab. 10. 2’x4’ acoustic ceiling tiles show signs of water damage. 11. Drinking fountains in Gym appear to be broken and do not meet ADA code. 12. Toilet room ceramic tile floors are functional yet are old and have stained grout. A-18 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Category Scope 1 Scope 2 Scope 3 Total Building Summary Stony Brook Elementary 1. SITE 11,180 69,875 6,240 87,295 2. BUILDING ENVELOPE 33,020 2,574 0 35,594 3. BUILDING INTERIORS 142,448 618,930 432,315 1,193,693 4. MECHANICAL 37,440 286,000 31,200 354,640 5. ELECTRICAL 0 261,365 0 261,365 1Total:224,088 1,238,744 469,755 1,932,587 1Total Inflated @ 4% Compounded Annually 242,374 1,507,121 571,529 2,321,024 1Totals include Soft Costs (30%): Contingency, Administration and A/E Fees. A-19 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 1. SITE STONY BROOK ELEMENTARY 1.1 Repair bituminous cracks and frost heaves throughout parking areas.200 LF 8.00 1,600 2,080 2,080 2,080 1.2 Remove vegetation and cut back over-growth of shrubs.1 LS 5,000.00 5,000 6,500 6,500 6,500 1.3 Repoint concrete stair to lower level at Southeast side.50 SF 75.00 3,750 4,875 4,875 4,875 1.4 Relandscape 1,000 SF barren play-area on Southeast corner to improve aesthetics and usability. 1 LS 10,000.00 10,000 13,000 13,000 13,000 1.5 Make the step transition at main door on West side ADA compliant.1 LS 2,400.00 2,400 3,120 3,120 3,120 1.6 Repair spalling on concrete path.100 SF 250.00 25,000 32,500 32,500 32,500 1.7 Make the walkway entrances at low East side ADA compliant by installing railings and a transition ramp. 1 LS 2,400.00 2,400 3,120 3,120 3,120 1.8 Repair spalled concrete flowerbed curbing.60 SF 250.00 15,000 19,500 19,500 19,500 1.9 Grind down concrete sidewalks at areas where there are trip hazards as defined by a change in level of greater than 1/4". 50 LF 40.00 2,000 2,600 2,600 2,600 Total 11,180 69,875 6,240 87,295 Total Inflated @ 4% Compounded Annually 12,092 85,014 7,592 104,698 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. A-20 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 2. BUILDING ENVELOPE STONY BROOK ELEMENTARY 2.1 Replace exterior wood trim in isolated areas.100 LF 15.00 1,500 1,950 1,950 1,950 3,900 2.2 Scrape and paint exterior trim.2,500 SF 8.00 20,000 26,000 26,000 26,000 2.3 Fix gutter leaks in isolated areas throughout.1 LS 1,500.00 1,500 1,950 1,950 1,950 2.4 Replace sealant at downleader to drain intersections.40 LF 10.00 400 520 520 520 2.5 Install barrier to close 10" gap at retaining wall at Northwest entrance.1 LS 1,000.00 1,000 1,300 1,300 1,300 2.6 Scrape, clean and reapply deteriorated window sealant at windows on North face.120 LF 7.00 840 1,092 1,092 1,092 2.7 Scrape and paint metal mullion at exterior door on North side.20 SF 8.00 160 208 208 208 2.8 Clean and paint wood bench at Northeast doorway.10 SF 8.00 80 104 104 104 2.9 Prep and paint exterior cooler unit.100 SF 4.00 400 520 520 520 Total 33,020 2,574 0 35,594 Total Inflated @ 4% Compounded Annually 35,714 3,132 0 38,846 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. A-21 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 3. BUILDING INTERIORS STONY BROOK ELEMENTARY 3.1 Replace round door knobs with levers at miscellaneous locations throughout the school.17 EA 150.00 2,550 3,315 3,315 3,315 3.2 Replace damaged or missing vinyl floor tiles in miscellaneous areas throughout the school.2,000 SF 9.00 18,000 23,400 23,400 23,400 3.3 Investigate floor substrate in Room 162 as many of the vinyl floor tiles are cracked and have gaps between them. 1 LS 2,400.00 2,400 3,120 3,120 3,120 3.4 Replace epoxy floors in Kitchen.1,000 SF 25.00 25,000 32,500 32,500 32,500 3.5 Replace damaged epoxy floors in bathrooms and near stairs and entries.1,700 SF 25.00 42,500 55,250 55,250 55,250 3.6 Replace worn and damaged carpet in miscellaneous areas throughout the school.12,000 SF 5.00 60,000 78,000 78,000 78,000 3.7 Remove carpet and VAT in selected areas and replace with new VCT or carpet.16,000 SF 12.00 192,000 249,600 249,600 249,600 3.8 Rubber floors are clean and have been well maintained. Yet, anticipate requiring replacement in 10 years. 2,000 SF 18.00 36,000 46,800 46,800 46,800 3.9 Provide a new washable wall surface at Boys' Toilets.1,800 SF 18.00 32,400 42,120 42,120 42,120 3.10 Repair water damage to gypsum wall board in Storage Room 231.10 SF 30.00 300 390 390 390 3.11 Replace base cabinetry at all classroom sinks.33 EA 2,000.00 66,000 85,800 85,800 85,800 3.12 Renovate metal shelving associated with unit ventilators in classrooms by removing any remaining doors, replacing bent grates, and prepping and painting entire surfaces. 720 LF 15.00 10,800 14,040 14,040 14,040 A-22 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 3.13 Provide 42" minimum height guardrail at existing rails.250 LF 250.00 62,500 81,250 81,250 81,250 3.14 Modify handrail near back stage stair to meet safety code of minimum height of 42" and to eliminate openings that exceed 3.9". 15 LF 285.00 4,275 5,558 5,558 5,558 3.15 Modify handrails at back stair between Classrooms 218 and 213 to eliminate openings that exceed 3.9". 24 LF 100.00 2,400 3,120 3,120 3,120 3.16 Provide a higher guardrail at concrete and pipe rail at Library. Eliminate any gaps that exceed 3.9". 60 LF 285.00 17,100 22,230 22,230 22,230 3.17 Provide additional handrail at stairs down to Large Group Instruction Assembly Area.20 LF 250.00 5,000 6,500 6,500 6,500 3.18 Identify doors that have damaged hinges and replace with full length ones.60 EA 150.00 9,000 11,700 11,700 11,700 3.19 Large Group Instruction Assembly area does not meet ADA requirements as it is not accessible and does not have adequate handrails. 1 LS 150,000 150,000 195,000 195,000 195,000 3.20 Painting is ongoing yearly. (Costs are included in Capital Plan.)0 0 0 3.21 Various Toilet Rooms do not meet code due to being too small or not having proper door clearances. 1 LS 180,000 180,000 234,000 234,000 234,000 Total 142,448 618,930 432,315 1,193,693 Total Inflated @ 4% Compounded Annually 154,072 753,023 525,977 1,433,072 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 3. BUILDING INTERIORS STONY BROOK ELEMENTARY A-23 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 4. MECHANICAL STONY BROOK ELEMENTARY 4.1 Design and replacement of boilers and water heater are part of the Capital Plan and is scheduled for 2025. (Costs are included in the Capital Plan.) 0 0 0 4.2 Replacement of classroom unit ventilators is currently on the Capitol Plan for 2025 as this current system is original to 1979 and 1989 construction. Update pneumatic controls. (Costs are included in the Capital Plan.) 0 0 0 4.3 Replace the rooftop air conditioning unit that serves Professional Development Room 236.1 EA 120,000 120,000 156,000 156,000 156,000 4.4 Consider providing additional air conditioning as window units are in administrative offices and a few classrooms. 1 LS 100,000 100,000 130,000 130,000 130,000 4.5 Auger and camera sewer lines underneath building slab as these pipes clog and back up occasionally and require emergency attention. If camera reveals inadequate slope, replace line. Cost is only for investigation. 1 LS 12,000.00 12,000 15,600 15,600 15,600 4.6 Remove obsolete 6,000 gallon oil tank and fencing.1 LS 24,000.00 24,000 31,200 31,200 31,200 4.7 Upgrade building to gas fuel. (This work would occur when the boilers are replaced. Establishment of cost requires consultation with utility company during boiler design phase.) 0 0 0 A-24 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 4.8 Provide new ball valve shutoffs as most are frozen in the open position and in an emergency would not be able to be closed. 48 EA 350 16,800 21,840 21,840 21,840 Total 37,440 286,000 31,200 354,640 Total Inflated @ 4% Compounded Annually 40,495 347,963 37,960 426,417 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 4. MECHANICAL STONY BROOK ELEMENTARY A-25 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Work Item Description Qty Unit Unit Cost Total 1Total w/ Soft Costs Scope 1 Scope 2 Scope 3 Totals 5. ELECTRICAL STONY BROOK ELEMENTARY 5.1 Replace existing emergency generator with one capable of providing adequate emergency power (200 KW proposed). 1 EA 200,000 200,000 260,000 260,000 260,000 5.2 Replace exterior lights at entrances.3 EA 350.00 1,050 1,365 1,365 1,365 Total 0 261,365 0 261,365 Total Inflated @ 4% Compounded Annually 0 317,990 0 317,990 1Total includes Soft Costs (30%): Contingency, Administration and A/E Fees. A-26 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects STONY BROOK ELEMENTARY SCHOOL 1. Exterior trim in isolated areas shows deterioration.2. Relandscape area to promote outdoor use.3. Gutters have leaks and downspouts need to be resealed. 4. Entrances throughout site need attention for ADA compliance. 5. Guardrails are lower than 42” above the floor and have gaps that are greater than 4”. 6. Bituminous paving in parking areas sow significant cracking and frost heaving. A-27 Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 7. 2’x4’ acoustic ceiling tiles throughout the building have water damage. 8. Carpet is worn, stained, and frayed.9. Vinyl floor tiles are damaged and missing in various areas throughout the school. 10. Classroom sink cabinetry has evidence of missing door hardware and worn and stained plastic laminate. 11. Guardrails are lower than 42” above the floor and have gaps that are greater than 4”. 12. Various epoxy floors throughout school are cracked, discolored, and worn out. A-28 Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects A-29 PAGE INTENTIONALLY LEFT BLANK Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects B-1 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects WETLANDS 300100 EDDY ELEMENTARY SCHOOL MAIN S T R E E T UN D E R P A S S R O A D CL I P P E R W A Y BUILDING ENTRANCE APPENDIX B B-2 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects EDDY ELEMENTARY SCHOOL 1ST FLOOR ADMINISTRATIVE CIRCULATION / CORE CORE ACADEMIC DINING & FOOD SERVICES HEALTH LIBRARY / MEDIA MECHANICAL / DATA PHYSICAL EDUCATION STORAGE TEMPORARY TOILET ROOM 0'40'80'160' 1" = 80'-0" 1ST FLOOR 0'40'80'160' 1" = 80'-0" B-3 PAGE INTENTIONALLY LEFT BLANK EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 EDUCATIONAL ADEQUACY SUMMARY EDDY ELEMENTARY The Educational Space Adequacy Assessment determines the ability of the existing facilities to support the desired educational programs. Information within this report is used to determine the actions required to align the existing facilities with the vision and goals of the district. Adequacy Score 1. SITE Good 2. GENERAL BUILDING Good 3. LOBBIES, CORRIDORS AND COMMON SPACES Good Ratings 4. ADMINISTRATION / STUDENT SERVICES Good Good: The space provides for and supports a majority of the educational program offered. It may have minor suitability/functionality issues, but generally meets the needs of the educational program. 5. EDUCATION AREAS 5.1 KINDERGARTEN Good 5.2 GRADES 1-5 Good Fair: The space has some problems meeting the needs of the educational program and needs renovation. 5.3 SPECIAL EDUCATION Good 5.4 SPEECH THERAPY Good Poor: The space has numerous problems meeting the needs of the educational program. 5.5 COMPUTER LAB Good 5.6 MUSIC AREA - CHOIR, BAND Good 5.7 ART Good 5.8 PHYSICAL EDUCATION Good 6. STUDENT DINING / MULTI-PURPOSE ROOM Good 7. MEDIA CENTER Good 8. TEACHER AREAS Good B-4 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 1. SITE EDDY ELEMENTARY General a. Enough usable acreage to meet educational needs Good Eddy School is well situated on the site. b. Large enough for future expansion Good Good potential, but limited by wetlands. c. Play fields, appropriate to age group Good Good mix of grass areas, hard scaped and play structures. Safety a. Separation of car, school bus and service traffic Good The configuration provides good separation. b. Separation of vehicular and pedestrian traffic Good A loop at the front of the school provides good separation. c. Play fields are separate from streets and parking areas Good Fields are well located. d. Direct access to play fields without crossing vehicular traffic Good Playgrounds can be accessed without crossing traffic. ADEQUACY SCORE FOR THIS CATEGORY:Good B-5 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 2. GENERAL BUILDING CONSIDERATIONS EDDY ELEMENTARY a. Opportunity for student display Good There multiple options for display. b. Student Storage Good Storage for student and teacher material is adequate. c. Teacher Storage Good Storage for teacher material is adequate. d. Room darkening capabilities Good Storage for student's personal material and belongings is adequate. e. Electrical Service Good The current electrical systems meet programmatic needs. f. Technology Good The district provides a robust Wi-Fi network. ADEQUACY SCORE FOR THIS CATEGORY:Good B-6 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 3. LOBBIES, CORRIDORS, AND COMMON SPACES EDDY ELEMENTARY a. Entrances and exits permit efficient and safe traffic flow Good The administration and receptions areas are located near the main entrance, have sight lines of the school entrance, and are near instructional areas. b. Commons areas for student socialization Good Commons areas are appropriate for an elementary school. c. Size of lobbies/commons spaces supports numbers gathering Good The lobby provides a clear entry to the school. Size is appropriate. d. Custodial and Maintenance spaces appropriately sized Good Custodial closets are located in close proximity to all areas of the school. A loading area is located near the kitchen and adjacent to the custodial office. ADEQUACY SCORE FOR THIS CATEGORY:Good B-7 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 4. ADMINISTRATION / STUDENT SERVICES EDDY ELEMENTARY a. Adjacent to main entry Good Administrative offices are oriented adjacent to the main entry vestibule with direct line of sight to the main building entrance and parking area. b. Accessible from all areas of building Good Administrative offices are in a central location. c. Reception area sized to accommodate users Good Suitable reception space is available for students, teachers and visitors. d. Functional adjacencies among offices Good Space and adjacencies support communication and interaction, security, and public access needs. e. Office sizes support activities Good Administrative personnel are provided sufficient work space and privacy. f. Health room/clinic appropriate for age level Good Nurse's office is near administrative offices and is equipped to meet requirements. g. Workroom/ copy area accommodates users Good Adequate space is provided or preparation and duplication of teaching materials. h. Mailboxes Good There is sufficient space for mail sorting and distribution. i. Appropriate furnishings to support activities Good Furniture and equipment is appropriate. j. Counselor's Area Good Counselor's office insures privacy and sufficient storage. ADEQUACY SCORE FOR THIS CATEGORY:Good B-8 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 5. EDUCATION AREAS EDDY ELEMENTARY 5.1 Kindergarten a. Location within building Good Kindergarten classroom types are adjacent to each other and located on a dedicated wing. b. Size of space Good Classrooms are 1,135 sf, meeting current MSBA Standards. c. Meets current educational program delivery system Good Classrooms are appropriately equipped and meet current space standards. d. Space permits change in educational program Good Classrooms could be used for a variety of elementary programs. ADEQUACY SCORE FOR KINDERGARTEN:Good 5.2 Grades 1-5 a. Location within building Good Classrooms are arranged in a cluster of three. b. Size of space Good Classroom average 860 sf, meeting current MSBA Standards. c. Meets current educational program delivery system Good Classrooms are properly equipped and are appropriate in size. d. Space permits change in educational program Good Classrooms could be used for a variety of elementary programs. ADEQUACY SCORE FOR GRADES 1-5:Good B-9 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 5.3 Special Education a. Location within building Good Space adjacent to classrooms is provided for small groups and specialized instruction. b. Size of space Good Support areas provides sufficient space and equipment for the elementary program. c. Meets current educational program delivery system Good Support spaces provided flexibility for multiple service delivery models. d. Space permits change in educational program Good Overall configuration and size permit change. ADEQUACY SCORE FOR SPECIAL EDUCATION:Good 5.4 Speech Therapy a. Location within building Good The speech and language space is in a suitable, central location. b. Size of space Good Meets space standard. c. Meets current educational program delivery system Good Space is adequate. d. Space permits change in educational program Good Overall configuration and size permit change. ADEQUACY SCORE FOR SPEECH THERAPY:Good Score Comments 5. EDUCATION AREAS EDDY ELEMENTARY B-10 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 5.5 Computer Lab a. Location within building Good Computer lab is adjacent to classrooms. b. Size of space Good 870 sf., adequate space. c. Meets current educational program delivery system Good The lab provides adequate space for large group instruction, small-group work, and targeted intervention. d. Space permits change in educational program Good The computer lab space is sufficient to serve as a key stepping stone as the school moves toward a blended learning model of instruction. ADEQUACY SCORE FOR COMPUTER LAB:Good 5.6 Music Area - Choir, Band a. Location within building Good Good acoustic separation from classrooms, adjacent to cafetorium stage/performance area. b. Size of space Good 860 sf, adequate for program, slightly smaller than current standard. c. Meets current educational program delivery system Good The space is suitable for singing, playing instruments, and dance. d. Space permits change in educational program Fair At 860 sf, the music classroom is smaller than the current standard of 1,200 sf, limiting opportunities for movement and dance. ADEQUACY SCORE FOR MUSIC AREA:Good Score Comments 5. EDUCATION AREAS EDDY ELEMENTARY B-11 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 5.7 Art a. Location Good The art studio is adjacent to classrooms and is located across the hallway from the computer lab, providing opportunities for digital art. b. Size of space Good Meets current standards. c. Meets current educational program delivery system Good The art studio provides sufficient space and equipment for elementary school program. d. Space permits change in educational program Good The configuration and location within the school can support programmatic change. e. Water access within room Good The room has multiple 3 sink areas of appropriate size. f. Kiln Good A kiln is provided to support ceramics and sculpture with the art program. g. Ability to provide natural lighting Good Abundant natural light is provided. h. Additional Comments ADEQUACY SCORE FOR ART:Good Score Comments 5. EDUCATION AREAS EDDY ELEMENTARY B-12 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 5.8 Physical Education a. Location within building Good Good separation from classrooms and connected to outdoors with a vestibule. b. Size of space Good 6,250 sf with adequate storage, meets current space standards. c. Meets current educational program delivery system Good Space is ample for current and future program use. d. Space permits change in educational program Good Space is connected to the adjacent cafetorium with a movable partition wall system. ADEQUACY SCORE FOR PHYSICAL EDUCATION:Good Score Comments 5. EDUCATION AREAS EDDY ELEMENTARY B-13 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 6. STUDENT DINING / MULTI-PURPOSE ROOM EDDY ELEMENTARY General a. Location within building Good The cafeteria/cafetorium is in a central location within the building. b. Capacity of facility Good Cafeteria/cafetorium is attractive with sufficient space for seating/dining. c. Flexibility Good The cafetorium provides the school with good flexibility, serving as a dining area as well as a large gathering area for performances, presentations and assemblies. d. Appropriate furnishings to support activities Good The cafetorium is appropriately furnished for elementary dining, presentations, performances, and student assemblies. e. Accessible for Community use Good A partitioned wall between the gymnasium and cafeteria opens for large gatherings including the Annual Town Meeting. Food Preparation / Serving a. Kitchen & support spaces adequate for food prep Good Kitchen and support spaces provide sufficient space for storage and food preparation. b. Logical traffic patterns Good The serving area is attractive and well-lit. The layout provides space to display of food offerings with convenient access. c. Serving area convenient to cafeteria entry & kitchen Good The serving area is well situated between the kitchen/food preparation area and the dining room. d. Delivery location convenient for deliveries Good A receiving area is located in close proximity of the kitchen and food storage areas. ADEQUACY SCORE FOR THIS CATEGORY:Good B-14 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 7. MEDIA CENTER EDDY ELEMENTARY a. Location Good The media center is centrally located to the classrooms. b. Size of Space Good At 1,735 sf the media center provides ample space for the school, but is smaller than the current standard of 2,020 sf. However, the school has an 870 sf computer lab in close proximity. c. Meets current educational program delivery system Good Library/Resource/Media Center provides appropriate and attractive space. d. Space permits change in educational program Good The combined spaces of the computer lab and media center can be adapted for future use of dgital and bound media. e. Accessible for community use Good The media center is in close proximity to the main entry and school office. ADEQUACY SCORE FOR THIS CATEGORY:Good B-15 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 School: Eddy Elementary School 2021-22 Enrollment: 215 Students Date: October 2021 Score Comments 8. TEACHER AREAS EDDY ELEMENTARY Work Areas a. Location Good Work areas are conveniently located. b. Appropriate equipment for area Good Teachers' work areas reflect teachers as professionals. c. Appropriate furnishings to support activities Good Furnishing provide comfort for dining, relaxation, conversation and work. d. Room sizes support activities and number of persons utilizing Good Separate spaces are provided for dining (414 sf) and work tasks (175 sf). Lounge a. Location Good The teacher lounge is adjacent to the cafeteria. b. Appropriate equipment for area Good The teacher lounge is appropriately equipped. c. Appropriate furnishings to support activities Good The space is appropriately furnished. d. Room sizes support activities and number of persons utilizing Good The space is efficient, but slightly under current size standard. ADEQUACY SCORE FOR THIS CATEGORY:Good B-16 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects EDDY ELEMENTARY SCHOOL – EXTERIOR 1. The traffic pattern to the front of the building provides separation of school buses from private vehicles. 2. The playground, including swings and climbing equipment, is equipped with safe surfaces. 3. Play structures provide a range of developmental challenges for children. 4. The school building is nicely situated on the 28.65-acre site. 5. Sidewalks and walkways provide good separation from vehicles for safe passage of pedestrians. 6. Adequate parking is provided. B-17 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 EDDY ELEMENTARY SCHOOL – EXTERIOR 1. The traffic pattern to the front of the building provides separation of school buses from private vehicles. 2. The playground, including swings and climbing equipment, is equipped with safe surfaces. 3. Play structures provide a range of developmental challenges for children. 4. The school building is nicely situated on the 28.65-acre site. 5. Sidewalks and walkways provide good separation from vehicles for safe passage of pedestrians. 6. Adequate parking is provided. EDDY ELEMENTARY SCHOOL – EXTERIOR 1. The traffic pattern to the front of the building provides separation of school buses from private vehicles. 2. The playground, including swings and climbing equipment, is equipped with safe surfaces. 3. Play structures provide a range of developmental challenges for children. 4. The school building is nicely situated on the 28.65-acre site. 5. Sidewalks and walkways provide good separation from vehicles for safe passage of pedestrians. 6. Adequate parking is provided for normal school operations. EDDY ELEMENTARY SCHOOL – INTERIOR 7. Eddy School opened in 1996. The 57,915 sf. school has surplus space for the current 209 student enrollment. 8. The administration suite is well-designed and functional. 9. Student support spaces are integrated throughout the school and are appropriate in size. 10. General classrooms have good natural daylight and approach current MSBA standards, averaging 860 sf. 11. The library/media center meets current program needs and can be adapted for future use. 12. The art room is equipped with double sinks, a kiln and ample storage. B-18 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects B-19 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 YAN K E E DR I V E ROA D BUILDING ENTRANCE UND E R P A S S CAPE COD RAIL TRAIL WETLANDSSTONY BROOK ELEMENTARY SCHOOL B-20 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects ADMINISTRATIVE CIRCULATION / CORE CORE ACADEMIC DINING & FOOD SERVICES HEALTH LIBRARY / MEDIA MECHANICAL / DATA PHYSICAL EDUCATION STORAGE TEMPORARY TOILET ROOM 0'40'80'160' 1" = 80'-0" 1ST FLOOR STONY BROOK ELEMENTARY SCHOOL2ND FLOOR 0'40'80'160' 1" = 80'-0" B-21 PAGE INTENTIONALLY LEFT BLANK EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 300100 School: Stony Brook Elementary School SUMMARY STONY BROOK ELEMENTARY The Educational Space Adequacy Assessment determines the ability of the existing facilities to support the desired educational programs. Information within this report is used to determine the actions required to align the existing facilities with the vision and goals of the district. Adequacy Score 1. SITE Good 2. GENERAL BUILDING Good 3. LOBBIES, CORRIDORS AND COMMON SPACES Good Ratings 4. ADMINISTRATION / STUDENT SERVICES Good Good: The space provides for and supports a majority of the educational program offered. It may have minor suitability/functionality issues, but generally meets the needs of the educational program. 5. EDUCATION AREAS 5.1 KINDERGARTEN Good 5.2 GRADES 1-5 Good Fair: The space has some problems meeting the needs of the educational program and needs renovation. 5.3 SPECIAL EDUCATION Good 5.4 SPEECH THERAPY Good Poor: The space has numerous problems meeting the needs of the educational program. 5.5 COMPUTER LAB Good 5.6 MUSIC AREA - CHOIR, BAND Good 5.7 ART Good 5.8 PHYSICAL EDUCATION Good 6. STUDENT DINING / MULTI-PURPOSE ROOM Good 7. MEDIA CENTER Good 8. TEACHER AREAS Good B-22 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 1. SITE STONY BROOK ELEMENTARY General a. Enough usable acreage to meet educational needs Good b. Large enough for future expansion Good Although slope presents challenges, the site has potential for expansion. c. Play fields, appropriate to age group Good Open space, grassy areas, play structures and hard scape spaces are available for recess and physical education classes. Safety a. Separation of car, school bus and service traffic Good The configuration provides good separation. b. Separation of vehicular and pedestrian traffic Good A loop at the front of the school provides good separation. c. Play fields are separate from streets and parking areas Good Fields are well located. d. Direct access to play fields without crossing vehicular traffic Good Playgrounds can be accessed without crossing traffic. ADEQUACY SCORE FOR THIS CATEGORY:Good B-23 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 2. GENERAL BUILDING CONSIDERATIONS STONY BROOK ELEMENTARY a. Opportunity for student display Good There are multiple options for display. b. Student Storage Good Storage for student materials is adequate and provides a "home base" for each student. c. Teacher Storage Good Storage for teacher material is adequate. d. Room darkening capabilities Good Daylighting and light control is visually comfortable. e. Electrical Service Good The current electrical systems meet programmatic needs. f. Technology Good The district provides a robust Wi-Fi network. ADEQUACY SCORE FOR THIS CATEGORY:Good B-24 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 3. LOBBIES, CORRIDORS, AND COMMON SPACES STONY BROOK ELEMENTARY a. Entrances and exits permit efficient and safe traffic flow Good The physical organization of the school provides easy navigation. b. Commons areas for student socialization Good The building is attractive and enhances the learning process. c. Size of lobbies/commons spaces supports numbers gathering Good The lobby and common spaces are appropriately sized for an elementary school. d. Custodial and Maintenance spaces appropriately sized Good Custodial and maintenance spaces are properly situated and appropriately sized. ADEQUACY SCORE FOR THIS CATEGORY:Good B-25 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 4. ADMINISTRATION / STUDENT SERVICES STONY BROOK ELEMENTARY a. Adjacent to main entry Good Administrative offices are oriented adjacent to the main entry vestibule with direct line of sight to the main building entrance and parking area. b. Accessible from all areas of building Good Administrative offices are in a central location. c. Reception area sized to accommodate users Good Suitable reception space is available for students, teachers and visitors. d. Functional adjacencies among offices Good Space and adjacencies support communication and interaction, security, and public access needs. e. Office sizes support activities Good Administrative personnel are provided sufficient work space and privacy. f. Health room/clinic appropriate for age level Good Nurse's office is near administrative offices and is equipped to meet requirements. g. Workroom/ copy area accommodates users Good Adequate space is provided or preparation and duplication of teaching materials. h. Mailboxes Good There is sufficient space for mail sorting and distribution. i. Appropriate furnishings to support activities Good Furniture and equipment is appropriate. j. Counselor's Area Good Counselor's office insures privacy and sufficient storage. ADEQUACY SCORE FOR THIS CATEGORY:Good B-26 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 5. EDUCATION AREAS STONY BROOK ELEMENTARY 5.1 Kindergarten a. Location within building Good A "neighborhood" cluster of 5 kindergarten rooms is well situated in close proximity to the main entrance and school office. b. Size of space Good Kindergarten classrooms meet current size standards. c. Meets current educational program delivery system Good Classrooms are responsive to current teaching and learning practices. d. Space permits change in educational program Good Kindergarten classrooms provide flexibility to accommodate future changes in learning environments and educational delivery methods. ADEQUACY SCORE FOR KINDERGARTEN:Good 5.2 Grades 1-5 a. Location within building Good Core academic classrooms are arranged in clusters and are located adjacent to breakout spaces while separated from high traffic areas. b. Size of space Fair Although the classrooms are somewhat smaller than the current MSBA minimum of 900 sf, adjacent small group rooms and storage areas provide program flexibility.c. Meets current educational program delivery system Good d. Space permits change in educational program Good Classroom clusters, small group rooms support multiple instructional models. ADEQUACY SCORE FOR GRADES 1-5:Good B-27 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 5.3 Special Education a. Location within building Good Support spaces are integrated with core classrooms. b. Size of space Good Spaces are provided for small group support. Full-size classrooms are utilized based on programmatic needs. c. Meets current educational program delivery system Good Ample space is provided to support students with special needs. d. Space permits change in educational program Good Special needs programmatic needs must be considered when calculating the enrollment capacity of the school building. ADEQUACY SCORE FOR SPECIAL EDUCATION:Good 5.4 Speech Therapy a. Location within building Good The space is adjacent to the kindergarten classrooms. b. Size of space Good Space provided is larger than necessary. c. Meets current educational program delivery system Good Smaller space, coupled with in-classroom service delivery would meet programmatic needs. d. Space permits change in educational program Good Space provide is larger than necessary. ADEQUACY SCORE FOR SPEECH THERAPY:Good Score Comments 5. EDUCATION AREAS STONY BROOK ELEMENTARY B-28 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 5.5 Computer Lab a. Location within building Good The computer lab is located within the spacious media center. b. Size of space Good Space provides for a gathering area as well as comfortable workstations. c. Meets current educational program delivery system Good Sufficient workstations are provide for a complete classroom of students. d. Space permits change in educational program Good The space will provide flexibility to accommodate future changes and integration of digital technologies. ADEQUACY SCORE FOR COMPUTER LAB:Good 5.6 Music Area a. Location within building Good Both locations provide good noise separation from classrooms. b. Size of space Fair The music classroom (Rm 213) is smaller than current space standard. c. Meets current educational program delivery system Good A dedicated music room plus a music classroom located on the stage provide adequate space. d. Space permits change in educational program Good A large stage in the cafetorium is designed to support music instruction and performance. ADEQUACY SCORE FOR MUSIC AREA:Good Score Comments 5. EDUCATION AREAS STONY BROOK ELEMENTARY B-29 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 5.7 Art a. Location Good The room is appropriately located for the program. b. Size of space Good The room meets current space standards. c. Meets current educational program delivery system Good The room has adequate storage space and permanent casework. d. Space permits change in educational program Good The room size and spatial configuration can support change in the educational program. e. Water access within room Good The room provides appropriate sinks for hand washing and cleanup. f. Kiln Good Kiln with appropriate ventilation and electrical connection is provided. g. Ability to provide natural lighting Good The room provides an inviting and stimulating environment for learning. ADEQUACY SCORE FOR ART:Good Score Comments 5. EDUCATION AREAS STONY BROOK ELEMENTARY B-30 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 5.8 Physical Education a. Location within building Good The area connects to both interior and exterior school circulation. b. Size of space Good The gymnasium meets current space standards. c. Meets current educational program delivery system Good The gymnasium provides the required space and features to support a skills- based elementary physical education program. d. Space permits change in educational program Good The overall space and configuration can support change in the physical education program. ADEQUACY SCORE FOR PHYSICAL EDUCATION:Good Score Comments 5. EDUCATION AREAS STONY BROOK ELEMENTARY B-31 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 6. STUDENT DINING / MULTI-PURPOSE ROOM STONY BROOK ELEMENTARY General a. Location within building Good Student dining/multi-purpose room is removed from classrooms and is adjacent to gymnasium, main entrance, and school office. b. Capacity of facility Good Space is sufficient for lunchtime activities as well as assemblies and community events. c. Flexibility Good Space is suitable for lunchtime activities as well as assemblies, community events and performances. d. Appropriate furnishings to support activities Good Furnishings support a flexible multi-use space that can be used throughout the day. e. Accessible for Community use Good Entry to the cafetorium is located in close proximity to the main entrance and school office. Food Preparation / Serving a. Kitchen & support spaces adequate for food prep Good Adequate space is provided to food preparation and methods of operation. b. Logical traffic patterns Good The layout, including storage areas, food preparation, and serving area, provide a straight-line flow of the food, with minimum back-tracking. c. Serving area convenient to cafeteria entry & kitchen Good Layout, including entry and exit points for the serving line, support the serving flow of an elementary school lunch program. d. Delivery location convenient for deliveries Good The receiving area and food storage areas are adjacent to the kitchen. ADEQUACY SCORE FOR THIS CATEGORY:Good B-32 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 7. MEDIA CENTER STONY BROOK ELEMENTARY a. Location Good The media center is a "learning commons", bridging classrooms to the social and technology heart of the school. b. Size of Space Good The size of the space will be ample to support the changing role of the school media center/library. c. Meets current educational program delivery system Good The media center is incrementally expanding digital offerings and production. d. Space permits change in educational program Good The location and size of space provide flexibility to accommodate future changes in educational delivery methods. e. Accessible for community use Good Space is suitable for community involvement during the school day and after school hours. ADEQUACY SCORE FOR THIS CATEGORY:Good B-33 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects School: Stony Brook Elementary School 2021-22 Enrollment: 231 Students Date: October 2021 Score Comments 8. TEACHER AREAS STONY BROOK ELEMENTARY Work Areas a. Location Good Work areas are conviently located. b. Appropriate equipment for area Good Teachers' work areas reflect teachers as professionals. c. Appropriate furnishings to support activities Good Furnishings provide comfort for dining, relaxation, conversation and work. d. Room sizes support activities and number of persons utilizing Good Separate spaces are provided for dining and work tasks. Lounge a. Location Good The teacher lounge is adjacent to the cafeteria. b. Appropriate equipment for area Good The teacher lounge is appropriately equipped. c. Appropriate furnishings to support activities Good The space is appropriately furnished. d. Room sizes support activities and number of persons utilizing Good The space is efficient, but slightly under current size standard. ADEQUACY SCORE FOR THIS CATEGORY:Good B-34 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects STONY BROOK ELEMENTARY SCHOOL – EXTERIOR 1. Stony Brook School open in 1989. It reached a peak enrollment of 772 students in 1995. 2. The site provides ample parking.3. Pedestrian walkways provide good separation from vehicles to navigate the school grounds. 4. Equipment is residential in nature. Standard should be school-grade/commercial. 5. Adjacent Brewster Whitecaps baseball field abuts the school grounds. 6. A garage provides good storage for maintenance equipment. B-35 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects STONY BROOK ELEMENTARY SCHOOL – INTERIOR 7. The library/media center is the hub of the school. Space is ample for future programming for the changing role of the school library. 8. The large assembly area serves provides space for assemblies and performances. The space is also appropriate for music instruction. 9. Student support spaces are integrated throughout the school and are appropriate in size. 10. General classrooms deliver good natural light and provide adequate storage, although overall size is somewhat smaller than the current MSBA standard. 11. The art room is well equipped with multiple sinks, a kiln, and generous storage. It provides abundant space for programming options. 12. The gymnasium is well equipped and provides good storage to support the elementary physical education program. B-36 EDUCATIONAL SPACE ADEQUACY ASSESSMENT Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects ENROLLMENT PROJECTIONS Process In the process of evaluating the Brewster Elementary Schools, Habeeb & Associates Architects (H&A) reviewed the historical enrollment data reported to the Massachusetts Department of Elementary and Secondary Education, United States Census Data, Long-Term Regional Population Projections published by the UMass Donahue Institute, and data provided by the Cape Cod Commission and the Pioneer Institute. It is important to note that when working with small geographies and small age cohorts it is possible to produce irregular or unusual looking results. Recognizing that Brewster is a relatively small geography, data results have been compared across larger geographies or age groups when appropriate. When necessary, H&A aggregated Brewster’s data across larger geographies including the Cape Cod region and the Commonwealth of Massachusetts. The 2021-2022 enrollment data was provided by school administration. H&A also reviewed the trends and rate of residential development with Brewster’s Planning Office as a safeguard to confirm published demographic information and to identify the potential risk of a population increase that may affect school enrollments over the course of the next 10 years. Town Clerk and Building Department data revealed the following future development projects: 1. Serenity Brewster: 132 units of 55+ rental housing, with 27 deed restricted units. Route 124. 2. Brewster Woods: 30 units of rental housing, all deed restricted at 30-60% of the Area Median Income (AMI), 8 one-bedroom units, 19 two-bedroom units, and 3 three-bedroom units. Brewster Road. 3. Habitat for Humanity: 2 deed restricted homes on Red Top Road. 4. Millstone Road: up to 90 bedrooms of affordable rental housing up to 80% of the AMI. In development on town-owned land. C-1 APPENDIX CENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects POPULATION TRENDS For many years Brewster experienced steady, incremental growth. The chart below shows that the trend changed dramatically from 1970 to 2000. During this period, the year-round population more than quadrupled, swelling from 1,790 residents to 10,094. The population peaked in 2000 and the town has experienced a modest declined since then. The figure below produced by Minnesota Population Center, UMass Donahue Institute, illustrates Brewster’s 1970-2035 population trends. The UMass Donahue Institute forecasts that Brewster will continue to experience a slow decline in population, falling approximately 20% to an estimated 7,888 people by 2035. Examining the projection within 5-year intervals, UMass Donahue Institute reveals in “UMDI-DOT Vintage 2018” a similar population decline of almost two thousand residents will occur in Brewster within in a twenty-year span from 2020-2040. Source: Town of Brewster Chapter 40B Housing Production Plan, January 2017. 1,790 5,226 8,440 10,095 9,820 9,663 9,073 8,610 8,311 7,888 1970 1980 1990 2000 2010 2015 2020 2025 2030 2035 0 2,000 4,000 6,000 8,000 10,000 12,000 Brewster Historical and Projected Population, 1970-2035 C-2 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects H&A believes that Brewster will experience a more modest decline in population. In our examination year-to-year actual data from 2010-2021, we found that the annual growth rate has changed by less than ½ of one percentage point on most years. The Cape Cod Commission also predicts that Brewster’s change in total population will be nominal in the upcoming years. More recent data sources, including the United States Census Bureau 2020, report that Brewster’s population has grown to 10,318* residents. Census 2010 Census 2015 Census 2020 Projection 2025 Projection 2030 Projection 2035 Projection 2040 9,820 9,861 9,786 9,586 9,266 8,618 7,863 Source: https://donahue.umass.edu/business-groups/economic-public-policy-research/massachusetts-population-estimates-program/population-projections * Note: Preliminary US Census 2020 Data: The Census Bureau will not release its standard 2020 ACS 1-year estimates because of the impacts of the COVID-19 pandemic on data collection. Experimental estimates, developed from 2020 ACS 1-year data, will be available on the ACS Experimental Data webpage no later than November 30, 2021. 9,820 9,861 9,786 9,586 9,266 8,618 7,863 Census 2010 Census 2015 Census 2020 Projection 2025 Projection 2030 Projection 2035 Projection 2040 7,500 8,000 8,500 9,000 9,500 10,000 Town of Brewster, MA Population Projection through 2040 C-3 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Cumulative Change Since 2010 The UMDI estimated cumulative percent change in population from April 1, 2010 to July 1, 2019 by Massachusetts Municipality, further illustrates the very small changes in overall Brewster population. Source: Annual Estimates of the Resident Population: April 1, 2010 to July 1, 2019. U.S. Census Bureau Population Division. May 21, 2020 C-4 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Year-to-Year Growth Year Population Growth Annual Growth Rate 2021 9,703 -36 -0.37% 2020 9,739 -36 -0.37% 2019 9,775 -36 -0.37% 2018 9,811 -38 -0.39% 2017 9,849 -2 -0.02% 2016 9,851 -37 -0.37% 2015 9,888 -52 -0.52% 2014 9,940 141 1.44% 2013 9,799 -21 -0.21% 2012 9,820 -20 -0.20% 2011 9,840 -19 -0.19% 2010 9,859 0.00% Earlier UMass Donahue Institute forecasts have predicted greater decline than Brewster has experienced. It should also be noted that the COVID-19 pandemic has brought unprecedented changes to the way people within communities live and work. On Cape Cod, anecdotal evidence shows that more people are remaining year-round. The data points that would typically provide insight into seasonal and year-round population are complicated by lifestyle changes such as working and learning remotely. To better understand potential population shifts that may have resulted from the pandemic, organizations including the Cape Cod Commission will examine a wide range of data sources in future studies. At this time, it is uncertain if the year-round and seasonal population changes will sustain and potentially impact school enrollment as we emerge from the pandemic. An examination of why people are spending more time on Cape Cod, in homes they already own or rent, or in homes purchased on Cape Cod during the pandemic, will further assist in understanding potential population shifts. 9891 9853 9836 9786 9858 9864 9879 9856 9868 9837 9739 9703 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 9,650 9,700 9,750 9,800 9,850 9,900 9,950 UMass Donahue Institute Projection Town of Brester Population 2010-21 C-5 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Source: https://www.capecodcommission.org/our-work/housing-market-analysis H&A believes that the Cape Cod Commission’s forecast of a nearly stable total population is accurate. Modest changes in the total population play a minor role in elementary enrollment shifts. 8,454 9,207 10,120 10,069 9,855 9,931 9,833 9,950 1985 1990 1995 2000 2005 2010 2015 2020 2025 2030 8,200 8,400 8,600 8,800 9,000 9,200 9,400 9,600 9,800 10,000 10,200 Cape Cod Commission Brewster Population, 1990-2025 C-6 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects POPULATION AND AGE DISTRIBUTION Data source: https://www.neighborhoodscout.com/ma/brewster/demographics Source: Census Bureau Census Counts & American Community Survey 5-Year Estimates Over the past twenty years Brewster’s total population has remained stable. Looking beyond the chart above, the 2020 United States Census data (April 1, 2020) shows a modest increase. However, during this period the town has continued to experience notable changes within age groups or residents. THE IMPACT OF CHANGING DEMOGRAPHICS To understand the future needs of Brewster we must look beyond total population numbers. It is important to first note that the projections above account only for the “resident” population of the region, as captured by the U.S. Census Bureau. During significant portions of any given year, however, Brewster is also home to a large number of “seasonal” residents not counted by the Census Bureau. Estimates produced by the Cape Cod Commission, using survey data on second homes, indicate that the seasonal population in Brewster, when averaged over a full year, is equivalent to nearly double the full-time residents counted by the U.S. Census Bureau. The extent of this seasonal population is also apparent in Census Bureau housing unit data. Of the 3,221 U.S. counties tallied in Census 2010, the three Cape and Island counties all rank in the top 100 in terms of vacant/seasonal units as a percentage of all housing units. Nantucket County ranks 9th at 58%; Dukes County ranks 14th at 54%; and Barnstable County is 75th at 36%. In terms of the total number of vacant/seasonal housing units, Barnstable County, with 56,918 units, has the 4th largest number in of all counties in the United States, just behind Maricopa County Arizona and Lee and Palm Beach counties in Florida. Housing Units, Year-Round vs. Second Home Supply 829 631 688 769 827 987 1,236 1,790 5,226 8,440 10,094 9,820 9,837 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2019 0 2,000 4,000 6,000 8,000 10,000 12,000 Town of Brewster Population 1900-2019 Source: https://www.capecodcommission.org/our-work/housing-market-analysis C-7 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects A review of housing units on the Cape completed by the Cape Cod Commission emphasizes the point. Barnstable County ranks seventh in the nation in sheer number of seasonal units, fifth in proportion to land area and has half of all seasonal homes in Massachusetts. While seasonal homes constitute only 4% of the housing stock in the state, they are 37% of the Cape’s housing stock. Brewster’s percentage seasonal housing stock continues to grow, by estimates of the Cape Cod Commission, it has grown from 42% in 2017 to 43.8% in the 2019. Housing Units in 2019 Brewster Units Pct. of Total Massachusetts Units Pct. of Total Total Housing Units 7,961 100.00%2,897,259 100.00% Owner Occupied 3,547 44.60%1,632,765 56.40% Renter Occupied 651 8.20%984,732 34.00% Vacant For Seasonal or Recreational Use 3,484 43.80%127,398 4.40% 1-Unit (Attached or Detached)3,770 47.40%1,501,585 51.80% 2 - 9 Units 259 3.30%685,979 23.70% 10 - 19 Units 28 0.40%115,712 4.00% 20 or more Units 141 1.80%293,362 10.10% Built prior to 1940 426 5.40%942,349 32.50% Source: U.S. Census Bureau. American Community Survey 5-year estimate C-8 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Housing Units, Year-Round vs. Second Home Supply A review of housing units on the Cape completed by the Cape Cod Commission emphasizes the point. Barnstable County ranks seventh in the nation in sheer number of seasonal units, fifth in proportion to land area and has half of all seasonal homes in Massachusetts. While seasonal homes constitute only 4% of the housing stock in the state, they are 37% of the Cape’s housing stock. Brewster’s percentage seasonal housing stock continues to grow, by estimates of the Cape Cod Commission, it has grown from 42% in 2017 to 43.8% in the 2019. Source: https://www.capecodcommission.org/our-work/housing-market-analysis Source: U.S. Census Bureau. American Community Survey 5-year estimate Housing Units in 2019 Brewster Units Pct. of Total Massachusetts Units Pct. of Total Total Housing Units 7,961 100.00%2,897,259 100.00% Owner Occupied 3,547 44.60%1,632,765 56.40% Renter Occupied 651 8.20%984,732 34.00% Vacant For Seasonal or Recreational Use 3,484 43.80%127,398 4.40% 1-Unit (Attached or Detached)3,770 47.40%1,501,585 51.80% 2 - 9 Units 259 3.30%685,979 23.70% 10 - 19 Units 28 0.40%115,712 4.00% 20 or more Units 141 1.80%293,362 10.10% Built prior to 1940 426 5.40%942,349 32.50% Seasonal Housing Market Reduces Family Housing Units Housing units used as seasonal or for recreational use directly reduce the number of housing units available to families of school-age children. According to the United States Census Bureau data, 3,484 units of Brewster’s total 7,961 housing units in 2019 were vacant for seasonal or recreational use. Consequently, that reduces the number of housing units occupied by school-age children by about 43%, compared to 36% for Barnstable County as a whole. In the summer, Brewster’s resident population increases dramatically. Local estimates indicate that the number of visitors swells to approximately 30,000. The chart below produced by the Cape Cod Commission reveals that the second homes to year-round homes will continue to increase. Not shown in this chart is the influence that the conversion of seasonal homes to year-round homes by senior residents has had on further reducing the number of units available to families with children. This trend also contributes to declines in school enrollment. Source: Cape Cod Commission, Barnstable Area Regional Trends: Seasonal Homes on the Cape (2018). C-9 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects 10% 48% 31%1959 or earlier Between 1960 and 1979 Between 1980 and 1999 2000 or later Housing Age Other surveys of housing occupancy confirm that Brewster is an attractive community for seasonal and recreational owners and visitors. The American and Community Survey identifies the seasonally vacant rate at 46%. Brewster’s high rate of owner-occupied housing contributes to the town’s stability, but it also minimizes the number of rental units available. Only 9% the housing units are available to renters, including young families. 46% 9% 45%Owner-Occupied Renter-Occupied Vacant Housing Occupancy and Tenure Source: American Community Survey 5-Year Estimates Housing Stock The housing stock in Brewster is considerably newer when compared to other Massachusetts communities. More than half of Brewster’s housing units (58%) were built after 1980. Prior to 1959, housing growth in Brewster was modest. Brewster’s housing market experience an uptick in the 1960s and 1970s, followed by a building boom in the 1980s and 1990s. Since 2000, Brewster has experienced modest housing growth in line with a modest change in total population. C-10 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Source: American Community Survey 5-Year Estimates 46% 9% 45% Housing Occupancy and Tenure Owner-Occupied Renter-Occupied Vacant 10% 48% 31% 12% Housing Age 1959 or earlier Between 1960 and 1979 Between 1980 and 1999 2000 or later New Construction Has Slowed After a major construction boom in the 1980s and 1990s, housing production has slowed. As the cost of homes has increased and the availability of land has decreased the pace of construction of new units has slowed. 95 75 68 75 47 49 38 31 19 13 17 12 14 19 17 15 16 15 16 16 16 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 - 10 20 30 40 50 60 70 80 90 100 Brewster Housing Unit Building Permits 2000-2020 Source: UMDI-DOT Vintage 2018 Housing Types of New Units C-11 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects The average annual growth of housing units has been under 1% per year. Although this modest pace contributes to a net gain in housing units, the percentage second home units is greater than the percentage of year-round units. POPULATION AND AGE DISTRIBUTION While the change in Brewster’s total population may seem insignificant, the growth in the retiree population has masked the considerable decrease of the young-adult and school-age populations. Brewster’s population age profile is notably older than both the state and the nation. The median age in Brewster is 54.3 years compared to 51.8 years for Barnstable County and 39.5 years for Massachusetts. When the median age in a community increases, the household size decreases. Smaller households in turn have fewer children. Data from the U.S. Census Bureau, UMass Donahue Institute, Cape Cod Commission, and Pioneer Institute all confirm the significant shifts within age bands of Brewster’s population. C-12 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Brewster Population by Age The chart shows a sizable population mass among persons 45-69 years old in 2010. In the Cape and Islands this group accounts for 39% of the regional population, compared to roughly 32% for the state and 30% for the nation. There is also a far larger share of elderly residents in the Cape and Islands region. In 2010, residents 70 years and older comprised 9% of the U.S. population and 10% of the state population compared to 17% in the Cape and Islands. Brewster’s median age of 54.3 is significantly higher than the state average of 39.5. As the median age in a community rises, family size declines. Consequently, smaller family size results in fewer school age children. Source: U.S. Census Bureau. American Community Survey 5-year estimates Brewster Population by Age in 2019 Population Percent of Total Massachusetts Percent of Total Total 9,837 100%6,850,553 100% Preschool (0 to 4)283 2.90%361,016 5.30% School Age (5 to 17)1,319 13.40%1,010,244 14.70% College Age (18 to 24)662 6.70%697,610 10.20% Young Adult (25 to 44)1,258 12.80%1,809,852 26.40% Older Adult (45 to 64)3,162 32.10%1,864,742 27.20% Older (65 plus)3,153 32.10%1,107,089 16.20% Median Age 54.3 39.5 C-13 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Age Distribution in Future Years Brewster’s age distribution of residents will continue to shift toward an aging community. The graph below shows the projected shift that will take place in the next 20 years, within 5-year age bands. The age bands for elementary school children and the typical age bands for elementary parents will continue to experience decline, while the senior population will increase. 345 410 452 589 359 308 295 333 508 700 856 897 1,010 718 518 478 466 578 109 200 340 286 339 73 166 104 259 460 495 525 554 641 720 845 761 987 0-4 5-9 10-14 15-19 20-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70-74 75-79 80-84 85+ - 200 400 600 800 1,000 1,200 Census 2010 Projection 2040 Age Distribution Comparision, 2010 to 2040 C-14 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Numbers Behind the Shift in Age UMDI projections through 2040 in shown in the table below, indicate that elementary school enrollment will continue to decline over the next 20 years while the senior population continues to grow. Brewster’s aging population coupled with a slight decline in the number of households, as well as a decline in the average size of households, will contribute to a reduction in the number of school-age children and school enrollment. Source: UMDI-DOT Vintage 2018 Age Group Age Census 2010 Projection 2015 Projection 2020 Projection 2025 Projection 2030 Projection 2035 Projection 2040 1 0-4 345 295 275 228 174 137 109 2 5-9 410 455 446 425 300 240 200 3 10-14 452 397 461 444 541 405 340 4 15-19 589 443 354 413 324 414 286 5 20-24 359 399 200 82 336 222 339 6 25-29 308 332 324 175 53 166 73 7 30-34 295 349 321 313 177 87 166 8 35-39 333 334 385 376 349 200 104 9 40-44 508 369 413 465 464 428 259 10 45-49 700 515 406 445 497 505 460 11 50-54 856 699 543 436 443 485 495 12 55-59 897 855 701 537 487 486 525 13 60-64 1,010 1,110 1,043 910 608 558 554 14 65-69 718 1,067 1,099 1,037 948 685 641 15 70-74 518 707 1,046 1,073 1,076 977 720 16 75-79 478 453 650 957 950 942 845 17 80-84 466 389 371 521 772 769 761 18 85+578 693 749 751 768 911 987 C-15 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Multiple Data Sources Confirm the Trend Population numbers and projections vary slightly from one data set to another, but the across-the- board forecast is that Brewster’s significant shift to an older population will be sustained in the coming years. Brewster continues to be a popular vacation destination with significant seasonal population. During the vacation season, the town continues to experience a large influx of people who take up residence in second homes which they own. As the vacation season ends, the population will drop, leaving behind a substantially quieter and smaller town with a smaller population of school-age children. Source: Metropolitan Area Planning Council: http://mapc.org 2020 2030 Ages 5-19 1,028 829 Ages 20-34 763 411 Ages 35-64 3,582 2,855 Ages 65 and over 3,905 4,644 11% 8% 39% 42% Ages 5-19 Ages 20-34 Ages 35-64 Ages 65 and over 2020 9% 5% 33% 53% Ages 5-19 Ages 20-34 Ages 35-64 Ages 65 and over 2030 C-16 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects 11% 8% 39% 42% 2020 Ages 5-19 Ages 20-34 Ages 35-64 Ages 65 and over 9% 5% 33% 53% 2030 Ages 5-19 Ages 20-34 Ages 35-64 Ages 65 and over BREWSTER’S AGE PROFILE Brewster has a large share of elderly residents. In 2019 residents 70 years and older comprised 9% of the U.S. population and 10% of the State of Massachusetts population compared to 17% of the Cape and Islands. C-17 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Brewster Population 2019 by Age Age Estimate Under 5 years 283 5 to 9 years 294 10 to 14 years 648 15 to 19 years 614 20 to 24 years 425 25 to 29 years 344 30 to 34 years 365 35 to 39 years 219 40 to 44 years 330 45 to 49 years 793 50 to 54 years 661 55 to 59 years 815 60 to 64 years 893 65 to 69 years 1008 70 to 74 years 876 75 to 79 years 416 80 to 84 years 331 85 years and over 522 Brewster’s changing age profile has played a significant role in the declining elementary school population and the age groups which are typically identified as parents of elementary school age children. Housing units occupied older residents, effectively reduce the number of housing units available for young families. Consequently, the decline in population ages 30-45 years result in declines in population of early elementary age children. 275 446 461 354 200 324 321 385 413 406 543 701 1,043 1,099 1,046 650 371 749 Un d e r 5 5 t o 9 10 t o 1 4 15 t o 1 9 20 t o 2 4 25 t o 2 9 30 t o 3 4 35 t o 3 9 40 t o 4 4 45 t o 4 9 50 t o 5 4 55 t o 5 9 60 t o 6 4 65 t o 6 9 70 t o 7 4 75 t o 7 9 80 t o 8 4 85 + - 200 400 600 800 1,000 1,200 Age Profile Grandparents ParentsK – Gr. 4 C-18 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Regional Trend The decline in school-age children is not unique to Brewster. All Cape Cod towns have experienced declines in enrollment with Sandwich, Mashpee and Brewster realizing the sharpest declines. Source: https://pioneerinstitute.org/blog/the-reality-of-cape-cods-population-trend C-19 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Regional Trend The decline in school-age children is not unique to Brewster. All Cape Cod towns have experienced declines in enrollment with Sandwich, Mashpee and Brewster realizing the sharpest declines. Source: https://pioneerinstitute.org/blog/the-reality-of-cape-cods-population-trend 776 286 200 336 420 175 103 194 Brewster Orleans Wellfleet Eastham 0 100 200 300 400 500 600 700 800 900 1994 2021 Nauset Elementary Enrollment Decline, 1994-2021 Percent Change in School Age of Cape Cod Towns, 2000-2015 (%) Brewster Trend Changing demographics has resulted in a significant decline in school-age children and young families. Both Eddy Elementary and Stony Brook Elementary experienced significant declines in enrollment from the late 1990’s through 2005. Following this period of steep decline, changes have been less significant for the last 15 years. 773 770 690 639 591 537 521 478 480 523 507 503 491 496 469 477 481 490 492 476 476 478 420 446 199 8 - 9 9 199 9 - 0 0 200 0 - 0 1 200 1 - 0 2 200 2 - 0 3 200 3 - 0 4 200 4 - 0 5 200 5 - 0 6 200 6 - 0 7 200 7 - 0 8 200 8 - 0 9 200 9 - 1 0 201 0 - 1 1 201 1 - 1 2 201 2 - 1 3 201 3 - 1 4 201 4 - 1 5 201 5 - 1 6 201 6 - 1 7 201 7 - 1 8 201 8 - 1 9 201 9 - 2 0 202 0 - 2 1 202 1 - 2 2 350 450 550 650 750 850 Brewster PK-Gr 5 Enrollment, 1998-2021 334 317 295 276 253 238 222 256 254267 247 251 248 236 216 224 214 223 233 242 242 244 209 215 439 453 395 363 338 299 299 222 226 256 260 252 243 260 253 253 267 267 259 234 234 234 211 231 199 8 - 9 9 199 9 - 0 0 200 0 - 0 1 200 1 - 0 2 200 2 - 0 3 200 3 - 0 4 200 4 - 0 5 200 5 - 0 6 200 6 - 0 7 200 7 - 0 8 200 8 - 0 9 200 9 - 1 0 201 0 - 1 1 201 1 - 1 2 201 2 - 1 3 201 3 - 1 4 201 4 - 1 5 201 5 - 1 6 201 6 - 1 7 201 7 - 1 8 201 8 - 1 9 201 9 - 2 0 202 0 - 2 1 202 1 - 2 2 150 200 250 300 350 400 450 500 Eddy Elementary Stony Brook Elementary Eddy and Stony Brook Enrollments 1998-2021 C-20 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Historical Enrollment & Projected Enrollment Brewster’s cohort groups of students experience modest change from year-to-year as they move through the elementary grades. The chart below shows cohort groups moving from kindergarten through grade 5 in cascading steps of color. PK K 1 2 3 4 5 SP PK-5 Total 1993-94 0 144 124 125 122 135 126 0 776 1994-95 0 123 146 121 129 120 133 0 772 1995-96 0 96 136 136 127 128 117 0 740 1996-97 0 110 117 132 133 122 128 0 742 1997-98 22 114 119 111 137 133 118 0 754 1998-99 22 106 119 122 119 145 140 0 773 1999-00 27 106 105 123 129 131 149 0 770 2000-01 0 90 102 105 126 137 130 0 690 2001-02 0 81 87 102 104 130 135 0 639 2002-03 0 80 81 87 108 104 131 0 591 2003-04 0 79 87 74 89 106 102 0 537 2004-05 0 67 82 94 75 91 112 0 521 2005-06 0 66 71 85 93 77 86 0 478 2006-07 0 82 70 74 87 92 75 0 480 2007-08 25 72 82 77 76 92 99 0 523 2008-09 24 74 73 89 79 77 91 0 507 2009-10 35 62 75 80 92 83 76 0 503 2010-11 31 76 62 74 76 89 83 0 491 2011-12 41 79 76 64 72 76 88 0 496 2012-13 30 69 76 78 64 74 78 0 469 2013-14 36 77 83 71 78 74 62 0 481 2014-15 36 77 83 71 78 74 62 0 481 2015-16 32 75 73 79 83 73 77 0 492 2016-17 32 75 73 79 83 73 77 0 492 2017-18 30 54 78 72 82 82 78 0 476 2018-19 32 66 55 81 76 83 85 0 478 2019-20 34 62 71 57 85 77 84 0 470 2020-21 18 67 62 62 53 80 76 0 418 2021-22 27 66 65 73 71 56 82 6 446 2022-23 30 75 66 67 73 71 56 0 438 2024-25 30 65 75 66 67 73 71 0 447 2026-27 30 72 65 75 66 67 73 0 448 2028-29 30 58 64 65 75 66 67 0 425 C-21 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Current Enrollment As of October 1, 2021, there were 446 students enrolled in Brewster Elementary Schools in pre-kindergarten through grade 5. The current grade configuration of one town-wide primary school (Stony Brook Elementary, PK- Gr. 2) and one intermediate elementary school (Eddy Elementary, Gr. 3-5) allows the district to balance class size across grade levels. However, due to the relatively small number of students per grade level, there will be natural deviations in class size from grade level to grade level. For example: the current 4th grade class has 56 students, while the 5th grade class has 82 students. The district was able to maintain very desirable class-sizes by dividing the 4th grade student group into 3 sections, averaging 18.33 students/section and by dividing the 82 5th grade students into 4 sections, averaging 20.5 students/section. Using Birth Rate to Forecast Kindergarten Enrollment Contrasting the Brewster Birth Rate with the respective dates of entry for kindergarten, cohort groups increase by an average of 20 children. Twenty is added to the birth rate to calculate kindergarten enrollment projections for 2017-2025. Enrollment by Grade (2021-22) PK K 1 2 3 4 5 SP Total Eddy Elementary 0 0 0 0 71 56 82 6 215 Stony Brook Elementary 27 66 65 73 0 0 0 0 231 27 66 65 73 71 56 82 0 446 Sections/Grade 2 4 4 4 4 3 4 Total 25 Birth Year Births School yr.K Enrollment + or – Change Factor 2009 50 2014-15 77 27 2010 61 2015-16 75 14 2011 44 2016-17 79 35 2012 48 2017-18 69 21 Avg Factor 2013 46 2018-19 54 8 19.625 2014 47 2019-20 62 15 2015 48 2020-21 67 19 2016 48 2021-22 66 18 2017 55 2022-23 75 2018 45 2023-24 65 2019 52 2024-25 72 2020 38 2025-26 58 2021 49 2026-27 69 2022 48 2027-28 68 2023 47 2028-29 67 2024 48 2029-30 68 2025 48 2030-31 68 Projected based on prior average plus average change factor. C-22 ENROLLMENT PROJECTIONS ANALYSIS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects CONCLUSION Brewster’s higher portion of people 65 and older is only expected to increase, while the number of school-age children continues to fall. Brewster’s aging population coupled with a slight decline in the number of households, and a decline in the average size of households will all contribute to a reduction in the number of school-age children. The decline in the school-age population is the result of Brewster’s aging population occupying more housing units. Brewster, long known as a summer tourist and second-home vacation spot, is also a great place for retirees. Brewster is recognized in national reports for offering lifestyle, culture, and appeal as a place for retirement. The Town of Brewster has surplus educational space which can be used to support the changing needs of the community. Planning for Enrollment Maximums As Brewster Public Schools plans for future enrollments and managing changes in population, H&A recommends planning for slightly higher enrollments to accommodate a modest growth in population. School building options presented in this report use these numbers to calculate building occupancies. The district should consider the following maximum enrollments for space planning purposes: Prekindergarten: 30 students Kindergarten: 80 students Grades 1-5: 80 students/grade level/400 students Total Maximum Enrollment: 510 students (prekindergarten – grade 5). C-23 ENROLLMENT PROJECTIONS ANALYSIS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Summary of All Options Operating Capacity Facility Upgrade *Construction Subtotal Cost Per School Total Option Cost *Grades 1 to 5 Pre- K Kinder- garten Square Feet Cost Square Feet Cost Option 1 Pre-K through Grade 5 at Stony Brook Stony Brook 396 45 76 91,044 $1,932,587 1,680 $873,600 $2,806,187 $4,957,547 Eddy 0 0 0 57,915 $2,151,360 0 $0 $2,151,360 Option 3 Pre-K through Grade 5 at Eddy Stony Brook 0 0 0 91,044 $1,932,587 0 $0 $1,932,587 $12,601,547 Eddy 396 45 76 57,915 $2,151,360 16,380 $8,517,600 $10,668,960 Option 3 K through Grade 5 at Stony Brook and Pre-K at Eddy Stony Brook 396 0 76 91,044 $1,932,587 0 $0 $1,932,587 $4,083,947 Eddy 0 45 0 57,915 $2,151,360 0 $0 $2,151,360 * This budget projection includes the facility upgrades but does not include the items currently included in the Brewster Capital Budget. Costs for new construction do not include inflation or current uncertainties. D-1 OPTIONS COST PROJECTIONSAPPENDIX D Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Option 1 - Pre-K through Grade 5 at Stony Brook Building size in square feet 91,044 Site size in acres 22.68 Required Minimum Rooms Existing Planned Additional *SF Capacity Classrooms (Grades 1-5)18 18 18 396 Pre-K Capable 3 2 3 1 1200 45 K Capable 4 4 4 76 Media Center 1 1 1 Gym 1 1 1 Cafeteria 1 1 1 World Language 1 1 1 Art Room 1 1 1 Music Room 1 1 1 Band/Strings 1 1 1 STE/Maker Space 1 1 1 Self Contained Sped 4 4 4 Specialist and Resource 5 6 5 Net Added SF 1200 Grossing Factor 480 Total Added SF 1680 Pre-K Capacity 45 K Capacity 76 Grade 1-5 Capacity 396 Potential Operating Capacity 517 * This added room presents the ideal configuration, but could be considered optional. D-2 OPTIONS COST PROJECTIONS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Option 2 - Pre-K through Grade 5 at Eddy Building size in square feet 57,915 Site size in acres 28.65 Required Minimum Rooms Existing Planned Additional SF Capacity Classrooms (Grades 1-5)18 15 18 3 2850 396 Pre-K Capable 3 2 3 1 1200 45 K Capable 4 1 4 3 3600 76 Media Center 1 1 1 0 0 Gym 1 1 1 0 0 Cafeteria 1 1 1 0 0 World Language 1 0 1 1 950 Art Room 1 1 1 0 0 Music Room 1 1 1 0 0 Band/Strings 1 1 1 0 0 STE/Maker Space 1 0 1 1 1200 Self Contained Sped 4 0 4 2 1900 Specialist and Resource 5 5 5 0 0 Net Added SF 11700 Grossing Factor 4680 Total Added SF 16380 Pre-K Capacity 45 K Capacity 76 Grade 1-5 Capacity 396 Potential Operating Capacity 517 D-3 OPTIONS COST PROJECTIONS Town of Brewster JN 2113.01 Elementary Schools Master Plan Habeeb & Associates Architects Option 3 - Kindergarten through Grade 5 at Stony Brook - Pre-K at Eddy Stony Brook Eddy Building size in square feet 91,044 57,915 Site size in acres 22.68 28.65 Required Minimum Rooms Existing Planned Additional SF Capacity Existing Planned Additional SF Capacity Classrooms (Grades 1-5)18 18 18 0 396 14 0 0 0 Pre-K Capable 3 2 0 0 0 3 3 0 45 K Capable 4 4 4 0 76 0 0 0 Media Center 1 1 1 0 1 0 0 Gym 1 1 1 0 1 0 0 Cafeteria 1 1 1 0 1 0 0 World Language 1 1 1 0 1 0 0 Art Room 1 1 1 0 1 0 0 Music Room 1 1 1 0 1 0 0 Band/Strings 1 1 1 0 1 0 0 STE/Maker Space 1 1 1 0 1 0 0 Self Contained Sped 4 4 4 0 1 0 0 Specialist and Resource 5 6 5 0 0 1 0 0 Net Added SF 0 0 Grossing Factor 0 0 Total Added SF 0 0 Pre-K Capacity 0 45 K Capacity 76 0 Grade 1-5 Capacity 396 0 Potential Operating Capacity 517 472 45 D-4 OPTIONS COST PROJECTIONS Elementary Schools Master Plan Town of Brewster JN 2113.01Habeeb & Associates Architects Option 3 - Kindergarten through Grade 5 at Stony Brook and Pre-K at Eddy Archive d: Friday, November 4, 2022 2:28:54 PM From: Arlynn L. Consiglio Se nt: Fri, 4 Nov 2022 14:22:23 To: Jacqueline Beebe; John Kelly; Laurie Gillespie-Lee; Molly Bates; Peter Lombardi; Richard Waldo; ryoungredirect Cc: Giovanna Venditti; Brooke Clenchy Subje ct: Memo to Town Managers From Superintendent Clenchy and Director Venditti Se ns itivity: High G ood Morning Every one, Please see m essage below from Superintendent Clenchy a nd Director Venditti. Additionally, kindly follow these links to the follow ing docum ents: (Please note originals of all signed/certified docum ents w ill be m ailed to Tow n Clerks). Certified Vote of the NRSC Debt Exclusion Language Additional Construction Costs & Contingency – O ption 5 (Voted) Good morni ng e veryone, At the Re gional School Committee meeting last night, the Commi tte e voted to ask the voters for additi onal funds to complete the Hi gh School Bui l di ng Proje ct. The amount vote d on was based on the re comme ndati on from the High School Building Committee of $38.1 mi l l i on dollars. Attached i s the detail whi ch encompasse s the costs associ ated with the addi tional funds re qui red. Al so linke d in this email i s the suggested de bt e xclusion l anguage for e ach member Town and the ce rti fied vote of the Regional School Committee. Arlynn wi l l be communi cati ng with the four Town Cl e rks in the ne xt fe w days wi th respect to the El ection Warrant language and Official Bal l ot l anguage . If you have any questi ons please contact us. Thank you. Brooke and Giovanna Brooke Cl e nchy Supe rinte nde nt of Schools Gi ovanna B. V e ndi tti Di rector of Finance and Operati ons Nause t Publ i c School s 78 Eldre dge Park Way Orl e ans, MA 02653 Phone: 508-255-8800, Ext. 7007 Fax : 508-240-2351 E-Mai l : vendittig@nause tschools.org Fol l ow us on Face book: Nauset School s Facebook Page Fol l ow us on Twi tte r: @NPSsoci almedia The Nauset Public Schools does not discriminate on the basis of race, color, sex, gender identity, religion, national origin, limited English proficiency, sexual orientation, disability, homelessness or housing status in its educational programs, activities or employm ent policies. Please note the Massachusetts Secretary of State's office has determined that m ost em ails to and from municipal offices and officials are public records. For m ore inform ation please refer to: http://www.sec.state.ma.us/pre/preidx.htm. This transmission contains information which is confidential and/or legally privileged. The information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of action in reliance on the contents of this transmission is strictly prohibited. If you are not a designated recipient, you may not review, copy, or distribute this m essage. If you receive this in error, please notify the sender by reply e-mail and delete this m essage. Thank you. ADDITIONAL CONSTRUCTION COSTS & CONTINGENCY - OPTION #5 Additional Funding Request Additional Construction Costs Additional Construction Contingency Funds Soft Cost & Administration FF&E/IT (escalation cost) Construction Testing & Inspection Services Moving Services & Storage Containers Builder's Risk Insurance $29,675,835 $5,984,665 $1,000,000 $814,500 $125,000 $100,000 $400,000 Total Estimated Additional Costs $38,100,000 NausetI egionalHighSchooi Eastham, MA Current Total Project Budget Revised Total Project Budget Total Funding Request November 2, 2022 $131,825,665 $169,925,665 $38,100,000 trAEDALUS SHURCK Nauset Public Schools 78 Eldredge Park Way, Orleans, Massachusetts 02653 Phone: 508-255-8800 • Fax: 508-240-2351 • http://nausetschools.orq Brooke A. Clenchy Superintendent of Schools Robin A. Millen Ed.D. Mary Buchanan Director of Curriculum Director of Student Services Giovanna B. Venditti Joanna Hughes Director of Finance and Operations Director of Human Resources Nauset Regional School District Suggested Votes for Additional Funds to Pay Costs of Proposed Addition/Renovation of NRHS (Vote of the Regional School District School Committee) I, the undersigned Secretary of the Nauset Regional School District School Committee (the "Committee") of the Nauset Regional School District, Massachusetts (the "District"), hereby certify that the following is a true copy of excerpts from the minutes of a special meeting of the Committee duly called and held on November 3, 2022 at 6:00 p.m. at the offices of the District, pursuant to due and proper notice of time, place and purpose of said meeting (the "Meeting") given to each member of the Committee. The meeting was attended by nine (_9_) of the ten (10) members of the Committee, constituting a quorum, which members were present and voting throughout; and the following vote was duly adopted by vote of nine (9) yeas, zero (0) nays and zero (0) abstentions: "VOTED: That the Nauset Regional School District (the "District") hereby appropriates the sum of Thirty -Eight Million One Hundred Thousand Dollars ($38,100,000), for the purpose of paying costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto, which amount shall be expended in addition to the One Hundred Thirty -One Million Eight Hundred Twenty -Five Thousand Six Hundred Sixty -Five Dollars ($131,825,665) previously appropriated for this purpose (the "Project"), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, said amount to be expended at the direction of the School Building Committee. To meet this appropriation the District is authorized to borrow said amount, under and pursuant to G.L. c. 71, §16(n) and the District Agreement, as amended, or pursuant to any other enabling authority. The District acknowledges that although the amount originally appropriated to pay costs of the Project is eligible for grant funding through the Massachusetts School Building Authority ("MSBA"), the additional amount appropriated by this vote will not be eligible for grant funding through the MSBA. The additional debt authorized by this vote of the Committee shall be submitted to the registered voters of the District's member towns for approval at a District -wide election to be held on January 10, 2023 in accordance with the provisions of G.L. c. 71, §16(n) and the District Agreement. The warrant calling the District -wide election to be held on January 10, 2023, in the form presented to this meeting, is hereby approved, with such changes as bond counsel to the District shall approve prior to its posting." WITNESS my hand as of this 4th day of Nove ber;� 2022. ‘ki) Dis ict Secretary (District Seal) Nauset Public Schools 78 Eldredge Park Way, Orleans, Massachusetts 02653 Phone: 508-255-8800 ● Fax: 508-240-2351 ● http://nausetschools.org Brooke A. Clenchy Superintendent of Schools Robin A. Millen Ed.D. Mary Buchanan Director of Curriculum Director of Student Services Giovanna B. Venditti Joanna Hughes Director of Finance and Operations Director of Human Resources ELECTION WARRANT The Commonwealth of Massachusetts NAUSET REGIONAL SCHOOL DISTRICT Barnstable, ss. To the registered voters of the Towns of Brewster, Eastham, Orleans and Wellfleet, GREETINGS: You are hereby notified and warned that the inhabitants of the Towns of Brewster, Eastham, Orleans, and Wellfleet registered to vote in any of said Towns, said Towns being the member towns of the Nauset Regional School District, are to meet at their respective polling places, to wit, In the TOWN OF BREWSTER at the Brewster Baptist Church, located at 1848 Main Street in said Town, in the TOWN OF EASTHAM at the Town Hall, located at 2500 State Highway in said Town, in the TOWN OF ORLEANS at the Orleans Senior Center (Council on Aging), located at 150 Rock Harbor Road in said Town, and in the TOWN OF WELLFLEET at the Adult Community Center, located at 715 Old King’s Highway in said Town, on Tuesday, January 10, 2023, at 11:00 a.m., to vote by BALLOT on the following question: “Do you approve of the vote of the Regional District School Committee of the Nauset Regional School District adopted on November 3, 2022, to authorize the borrowing of $38,100,000 to pay additional costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto, which vote provides, in relevant part, as follows: “VOTED: That the Nauset Regional School District (the “District”) hereby appropriates the sum of Thirty-Eight Million One Hundred Thousand Dollars ($38,100,000), for the purpose of paying costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto, which amount shall be expended in addition to the One Hundred Thirty-One Million Eight Hundred Twenty-Five Thousand Six Hundred Sixty-Five Dollars ($131,825,665) previously appropriated for this purpose (the “Project”), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, said amount to be expended at the direction of the School Building Committee. To meet this appropriation the District is authorized to borrow said amount, under and pursuant to G.L. c. 71, §16(n) and the District Agreement, as amended, or pursuant to any other enabling authority. The District acknowledges that although the amount originally appropriated to pay costs of the Project is eligible for grant funding through the Massachusetts School Building Authority (“MSBA”), the additional amount appropriated by this vote will not be eligible for grant funding through the MSBA. “ Yes _____ No _____ The polls will be open from 11:00 a.m. to 7:00 p.m. The District Secretary is hereby directed to serve this Warrant by posting an attested copy thereof in at least one public place in each of the Towns of Brewster, Eastham, Orleans, and Wellfleet, and by publishing a copy thereof at least once in a newspaper of general circulation in the District, said posting and publication to occur at least ten days before the day of election as aforesaid. The District Secretary shall make due return of this Warrant with his or her doings thereon to the District Secretary, on or before the day of the election aforesaid. [The balance of this page is intentionally blank.] Given under our hands and the seal of the Nauset Regional School District this 3rd day of November, 2022. ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Nauset Regional School District School Committee RETURN OF SERVICE The undersigned, Secretary of the Regional District School Committee of the Nauset Regional School District, certify that at least 10 days prior to Tuesday, January 10, 2022, I posted or caused to be posted, a true and attested copy of this warrant in in at least one public place in each of the Towns of Brewster, Eastham, Orleans, and W ellfleet (collectively, the District’s “Member Towns”), and in addition, that I caused a copy of the within warrant to be published in a newspaper of general circulation within the Member Towns of the District on Sunday, December 18, 2022 which date was also at least 10 days prior to Tuesday, January 10, 2023, all as required by G. L. c. 71, §16(n). _____________________________________ District Secretary DATE: _______________________________ A True Copy Attest: _____________________________ District Secretary DATE: OFFICIAL BALLOT DISTRICT ELECTION NAUSET REGIONAL SCHOOL DISTRICT January 10, 2023 QUESTION Do you approve of the vote of the Regional District School Committee of the Nauset Regional School District adopted on November 3, 2022 to authorize the borrowing of $38,100,000 to pay additional costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto, which vote provides, in relevant part, as follows: "VOTED: That the Nauset Regional School District (the "District") hereby appropriates the sum of Thirty -Eight Million One Hundred Thousand Dollars ($38,100,000), for the purpose of paying costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto, which amount shall be expended in addition to the One Hundred Thirty -One Million Eight Hundred Twenty -Five Thousand Six Hundred Sixty -Five Dollars ($131,825,665) previously appropriated for this purpose (the "Project"), which school facility shall have an anticipated useful life as an educational facility for the instruction of school children for at least 50 years, said amount to be expended at the direction of the School Building Committee. To meet this appropriation the District is authorized to borrow said amount, under and pursuant to G.L. c. 71, §16(n) and the District Agreement, as amended, or pursuant to any other enabling authority. The District acknowledges that although the amount originally appropriated to pay costs of the Project is eligible for grant funding through the Massachusetts School Building Authority ("MSBA"), the additional amount appropriated by this vote will not be eligible for grant funding through the MSBA. Yes No L District Se •tary Nauset Regional School District Nauset Regional School District Suggested Debt Exclusion Question for the Member Towns Shall the Town of Brewster be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay its allocable share of the additional bonds issued by the Nauset Regional School District to pay costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastharn, Massachusetts, including the payment of all costs incidental or related thereto? Nauset Regional School District Suggested Debt Exclusion Question for the Member Towns Shall the Town of Eastham be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay its allocable share of the additional bonds issued by the Nauset Regional School District to pay costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto? Nauset Regional School District Suggested Debt Exclusion Question for the Member Towns Shall the Town of Orleans be allowed to exempt from the provisions of proposition two and one- half, so-called, the amounts required to pay its allocable share of the additional bonds issued by the Nauset Regional School District to pay costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto? Nauset Regional School District Suggested Debt Exclusion Question for the Member Towns Shall the Town of Wellfleet be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay its allocable share of the additional bonds issued by the Nauset Regional School District to pay costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto? ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Last day to register to vote December 31st SPECIAL TOWN ELECTION January 10th, 2023 2023 NAUSET REG'L SCHOOL DISTRICT ELECTION January 10th, 2023 11:00am - 7:00pm 1848 Main Street Last day to post Warrant - Posted by Cmt Secretary December 31st (10 days) 384 Underpass Road 11:00am - 7:00pm 1848 Main Street Last day to post Warrant January 3rd Last day to register to vote December 31st Prop 2 1/2 deadline questions to Town Clerk December 6th ANNUAL/SPECIAL TOWN MEETING May 1st, 2023 6:00pm Warrant Closes February 15th Last day to register to vote April 21st - Open until 5pm Last day to post Annual/Special Warrant April 10th ANNUAL TOWN ELECTION May 16th, 2023 7:00am - 8:00pm 1848 Main Street Last day to obtain nomination papers March 24th Last day to post warrant May 9th SPECIAL TOWN MEETING November 13th, 2023 Last day to submit nominations papers March 28th Prop 2 1/2 deadline questions to Town Clerk April 11th Last day to withdraw nomination papers April 13th Warrant Closes - Citizen Petition Deadline September 29th Last day to request vote by mail ballot January 3rd Last day to request vote by mail ballot January 3rd Last day to request ballot by mail May 9th 6:00pm 384 Underpass Road Last day to register to vote November 3rd - Open until 5pm Last day to post Special Town Mtg Warrant October 23rd Last day to register to vote May 6th - Open until 5pm Memorandum of Understanding Between Cape Light Compact JPE and Town of Brewster This Memorandum of Understanding (MOU) sets for the terms and understanding between the Cape Light Compact JPE (Compact) and the Town of Brewster (Town) to provide a part-time Compact staff member to fill the Town of Brewster’s Energy Manager position. Background In 2020, the Town of Brewster approached the Cape Light Compact to staff the Town of Brewster’s Energy Manager position with funds from the Green Communities Designation Grant to focus on the Town’s energy matters. Given the success of this pilot program, both parties are interested in continuing this shared staffing arrangement. This position works for two half-days per week for the Town (for a maximum of 7.5 hours per week). The proposed two half-days are Thursdays from 12:45pm – 4:30pm and Fridays from 8:00am – 11:45am; however, the schedule may vary as mutually agreed upon. Purpose This MOU establishes the responsibilities of each party. The following is a list of current tasks that will be undertaken by the Energy Manager. This list is not exhaustive, but it represents current opportunities. 0 General -Secure and maintain associated energy grants -Provide monthly reporting/updates to appropriate parties (ie. Town Administration) -Provide staff support to Energy Committee, including attending monthly meetings -Investigate other opportunities for both energy savings and revenue (ie. Clean Peak standards) -Communicate and conduct educational outreach on all energy initiatives to residents (content development and schedule for release) -Support Town efforts to address climate mitigation and adaptation goals identified in the Municipal Vulnerability Preparedness Plan, Local Comprehensive Plan, Select Board Strategic Plan, and/or other relevant strategic initiatives Assist in developing and implementing a net zero energy roadmap for the Town 1a. Solar and/or Storage Projects -Assist with proposal review, continued review of Schedule Z, installation schedule coordination, and maintenance of solar systems -Work with vendors and CVEC to obtain local approval and program launch -Track project implementation, work with department heads/ staff on review, installation, training and final inspection/sign-off -Coordinate with CVEC, if applicable, on review on the accounts, usage, and production -Primary role in regular reconciliation of usage and credits in coordination with finance office (who serves as a check) -Work with CVEC and/or third-party consultant on maintenance of the systems (ie. overgrown around solar arrays) as well as data acquisition system review (i.e. production reports that shows lower than expected usage) and issue resolution -Work with planning department on solar siting (and potential by-law change) to assure that sites are appropriate and in-line with community standards 1b. Green Communities -Track project implementation, work with department heads/ staff on review, installation, training and final inspection/sign-off -Prioritize projects for the next phase of competitive grants -Utilize Mass Energy Insight (MEI) to track energy usage, create reports, and add new accounts -Produce quarterly and annual reports for the DOER with project updates -Coordinate with the Compact, National Grid, state agencies, and vendors as necessary to prioritize projects and track implementation -Explore adding new facilities to the baseline year in MEI 2. Electric Vehicle (EV) Charging Infrastructure -Assist with review of potential locations for EV charging infrastructure. -Work with Eversource (as applicable), DOER, DEP or other associated infrastructure and equipment grants and funding. -Coordinate onsite review and analysis of various systems -Work with the Town and/or vendor on potential charging mechanisms and ongoing maintenance costs (ie. network charges) Assumptions -The Compact staff member will work both on-site and remotely. -Town will: o Identify Brewster’s primary area of focus relative to energy projects o Sign off on necessary documents o Provide access to financial proof of payment, invoices, etc. that are necessary for grant applications, documentation, and/or reporting o Coordinate access to buildings and sites (where necessary) o Respond to inquiries from Compact as needed o Identify a primary point of contact o Provide feedback on priorities o Provide suitable office space, when necessary, as well as access to email, shared files and other pertinent information. -Cape Light Compact will: o Provide necessary equipment such as a computer, mobile phone, office space, and general training o Employ and supervise a full-time staff person and assign staff to serve as the part-time Brewster Energy Manager position. Funding and Invoicing Once the Green Communities Designation Grant funds have been fully spent, the Energy Manager position will be funded through solar lease payments for the carport photovoltaic installation at the Captains Golf Course. This funding will be used to reimburse the Cape Light Compact for $409.81/week for 7.5 hours of work. Any cost of living or step increase that occurs during the term of this MOU will adjust the weekly reimbursement amount accordingly. In addition, the Town will reimburse the Compact for mileage (at the IRS rate) from the Compact’s office to the requested destination as well as any general reimbursable expenses. These will be billed monthly to the Town, and payment should be remitted within 45 days. Duration This MOU may be modified by mutual consent of authorized officials from Cape Light Compact JPE and the Town of Brewster. This MOU shall become effective upon signature by the authorized officials and will remain in effect through December 31, 2023 or until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from Cape Light Compact JPE and the Town of Brewster this MOU shall end on December 31, 2023. Contact Information Cape Light Compact JPE Margaret T. Downey Administrator 261 Whites Path, Unit 4, South Yarmouth, MA 02664 508-375-6636 mdowney@capelightcompact.org Town of Brewster Peter Lombardi Town Administrator 2198 Main Street, Brewster, MA 02631 508-896-3701 plombardi@brewster-ma.gov ________________________Date: (Signature) (Margaret T. Downey, Cape Light Compact JPE, Administrator) ________________________Date: (Signature) (Peter Lombardi, Town of Brewster, Town Administrator) Memorandum of Understanding Between Cape Light Compact JPE and Town of Brewster This Memorandum of Understanding (MOU) sets for the terms and understanding between the Cape Light Compact JPE (Compact) and the Town of Brewster (Town) to provide a part-time Compact staff member to fill the Town of Brewster's Energy Manager position. Background In 2020, the Town of Brewster approached the Cape Light Compact to staff the Town of Brewster's part-time Energy Manager position with funds from the Green Communities Designation Grant to focus on the Town's energy matters. This position works for two half -days per week for the Town (for a total of 7.5 hours per week). The proposed two half -days are Thursdays from 12:45pm — 4:30pm and Fridays from 8:00am — 11:45am. Purpose This MOU will establish the responsibilities of each party. The following is a list of current tasks that could be undertaken by an Energy Manager for the Town of Brewster. This list is not exhaustive, but it represents current opportunities. 0 General Secure and maintain associated energy grants Coordinate with other overlapping grants/efforts (ie. MVP), if applicable Provide monthly reporting/updates to appropriate parties (ie. Town contact, Select Board) Attend the energy committee meetings, as necessary (at most monthly meetings) Investigate other opportunities for both energy savings and revenue (ie. Clean Peak standards) Communication and educational outreach on all energy initiatives to residents (content development and schedule for release). Town to disseminate through traditional avenues. Climate initiatives and alignment with the anticipated Town Meeting warrant on net zero emissions la. Solar and/or Storage Projects (most timely of all tasks) Assist with proposal review, internal review of Schedule Z, installation schedule coordination, and maintenance of solar systems. Work with vendors and CVEC to obtain local approval and program launch Track project implementation, work with department heads/ staff on review, installation, training and final inspection/sign-off Coordinate with CVEC, if applicable, on review on the accounts, usage, and production. Primary role in regular reconciliation of usage and credits in coordination with finance office (who serves as a check) Work with CVEC and/or third -party consultant on maintenance of the systems (ie. overgrown around solar arrays) as well as data acquisition system review (i.e. production reports that shows lower than expected usage) and issue resolution Work with planning department on solar siting (and potential by-law change) to assure that sites are appropriate and in -line with community standards 1b. Green Communities - Track project implementation, work with department heads/ staff on review, installation, training and final inspection/sign-off Prioritize projects for the next phase — Competitive Grants — most likely Fall 2021 or beyond Coordinate with Green Communities' REPA point -of -contact * These tasks are currently under the DOER's Regional Energy Planning Assistance (REPA) Grant with funding until May 31, 2021, but it could continue past this time. 2. Electric Vehicle (EV) Charging Infrastructure Assist with review of potential locations for EV charging infrastructure. Work with Eversource (as applicable), DOER, DEP or other associated infrastructure and equipment grants and funding. Coordinate onsite review and analysis of various systems Work with the Town and/or vendor on potential charging mechanisms and ongoing maintenance costs (ie. network charges) Assumptions The Compact staff member will work both on -site and remotely. Town will: o Identify Brewster's primary area of focus relative to energy projects o Sign off on necessary documents o Provide access to financial proof of payment, invoices, etc. that are necessary for grant applications, documentation, and/or reporting o Coordinate access to buildings and sites (where necessary) o Respond to inquiries from Compact as needed o Identify a primary point of contact o Provide feedback on priorities o Provide suitable office space, when necessary, as well as access to email, shared files and other pertinent information. Cape Light Compact will: o Provide necessary equipment such as a computer, mobile phone, office space, and general training o Employ and supervise a full-time staff person and assign staff to serve as the part-time Brewster Energy Manager position. Funding and Invoicing The Town was awarded funding from the Department of Energy Resource's Green Communities Program for their Designation Grant for an Energy Manager. This funding will be used to reimburse the Cape Light Compact for $386.28/week for 7.5 hours of work in Year 1. Future years will be funded with a portion of proceeds from a lease agreement related to the solar carport at the Captain's Golf course driving range parking lot. In addition, the Town will reimburse the Compact for mileage (at the IRS rate) from the Compact's office to the requested destination as well as any general reimbursable expenses. These will be billed monthly to the Town, and payment should be remitted within 45 days. Duration This MOU may be modified by mutual consent of authorized officials from Cape Light Compact JPE and the Town of Brewster. This MOU shall become effective upon signature by the authorized officials and will remain in effect until June 30, 2022 or until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from Cape Light Compact JPE and the Town of Brewster, this MOU shall end effective June 30, 2022. It is the intent of both parties to continue this MOU beyond the initial one (1) calendar year term provided that the arrangement proves to be mutually beneficial. Contact Information Cape Light Compact JPE Margaret T. Downey Administrator 261 Whites Path, Unit 4, South Yarmouth, MA 02664 508-375-6636 mdowney@capelightcompact.org Town of Brewster Peter Lombardi Town Administrator 2198 Main Street, Brewster, MA 02631 508-896-3701 plombardi@brewster-ma.gov Date31a i Jal (Signature) (M garb T. Downey, Cape Light Compact JPE, Administrator) (Signature) (Peter Lombardi, Town of Brewster, Town Administrator) Date: 5 2 ! J 2 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Donna Kalinick, Assistant Town Administrator & Conor Kenny, Project Manager RE: Main Street Cell Tower Leases DATE: November 4, 2022 The Fire Station complex houses a cell tower with cabinet space where the Town has a master lease with Crown Castle. T-Mobile occupies a cabinet space in the complex as a sublessee of Crown Castle, with this lease set to expire in 2034. In addition to T-Mobile’s space, there are two other cabinet spaces currently available as subleases. One of the spaces is currently occupied by AT&T with an expiring lease and the other is vacant. The Town put out an RFP for the two cabinet spaces and received two proposals; one from AT&T and the other from Dish Wireless. The RFP form and leases were reviewed by Town Counsel. Conor Kenny, Project Manager, has assumed oversight of town-wide cell tower sites and has worked with the vendors to make sure all of our information and payments are up to date. AT&T already has their equipment on the site. Dish Wireless will have to install their equipment. The master lease holder, Crown Castle, has requested consent to install equipment for Dish Wireless. The Board can vote to sign this document with the following conditions: Dish must submit a schedule for construction, provide the Town with a removal bond in the amount of $5,000 and obtain all required permits prior to any installation work starting. Office of: Select Board Town Administrator Town of Brewster, Massachusetts Request for Proposals (RFP) Lease of Ground Space to Two (2) Tenants for Telecommunications Equipment Shelters at 1657 Main Street, Brewster I. Overview The Town of Brewster, Massachusetts, acting through its Select Board, the awarding authority, is accepting proposals to lease space to two (2) telecommunications providers or companies for the installation and maintenance of equipment shelters on the Town-owned property located at 1657 Main Street (the “Property”). The Town entered into a long-term telecommunications lease in 1996 with a telecommunications company for the installation and maintenance of a telecommunications tower (the “Tower”) on the Property (the “Master Lease”). The current tenant under the Master Lease is Crown Castle (the “Current Tenant”). The Current Tenant enters into subleases with telecommunications providers for space on the tower. The subleases enter into a site lease agreement with the Town, authorizing the sublessees to install equipment shelters at the base of the Tower (the “Site Agreements”). One space contains 150 square feet (“Space No. 1”) and the other space contains 220 square feet (“Space No. 2” and, together with Space No. 1, the “Equipment Spaces”). No other use or alteration to the Property is permitted under the Site Agreements. As there is space on the Tower for two (2) telecommunications providers, the Town is issuing this Request for Proposals to solicit proposals from telecommunications providers for the sole purpose of installing and maintaining their equipment sheds. Proposers are advised that if they are selected by the Town, the Site Agreement does not and will not grant the proposers the right to install any antennas or other communications devices on the Tower. The selected proposers must negotiate separately with Crown Castle for space on the Tower. The term of each lease will be ten (10) years, with an option to extend the term of the lease for two (2) additional terms of five (5) years each, for a term of twenty years (20) in total. The Request for Proposal (RFP) is available at the Town Administrator’s Office, Brewster Town Hall, 2198 Main Street, Brewster, MA 02631, from 8:30 a.m. to 4:30 p.m or by email request to Donna J. Kalinick, Procurement Officer, dkalinick@brewster-ma.gov. Proposers may correct, modify or withdraw proposals, in writing only, not less than forty- eight (48) hours prior to the date set for proposal opening. Corrections or modifications must be in a sealed envelope when submitted. Each original proposal must be delivered together with three (3) additional copies in a sealed envelope clearly marked “Request for Proposals: Lease of Equipment Space on Main Street Property”: 2 Proposals will be accepted until August 18, 2022 at 11:00 AM at the Town Administrator’s Office at the Brewster Town Hall. The Town has established a minimum annual rent of Twelve Thousand Dollars ($12,000.00) for each lease of the Equipment Spaces, which sum shall increase annually during the term of the lease by three percent (3%). Proposers are encouraged to offer more than the minimum rent as price is one of the comparative criteria. The payments due to the Town for the lease of the Equipment Spaces is separate and apart from the collocation fees that Crown Castle is required to pay the Town for any space used on the Tower by the successful proposers. All proposals shall remain open and available for acceptance by the Town for a period of one hundred twenty (120) calendar days from the deadline for submission, or until any and the lease has been executed, or this Request for Proposals is cancelled, whichever occurs first. The Town of Brewster reserves the right to reject any or all proposals, waive informalities, and to award the lease in the best interest of the Town. Any proposal received after the time and date specified shall not be considered. II. Introduction The Town of Brewster, Massachusetts, owns a parcel of land located at 1657 Main Street, shown on Assessors Map 56 as Parcel 6, and described in a deed recorded with the Barnstable Registry of Deeds in Book 1270, Page 163, which is used currently for fire station purposes (the “Property”). In 1996, the Town entered into a Lease Agreement (the “Master Lease”) with a telecommunications company for the installation of a telecommunications tower (the “Tower”). The Master Lease is valid until 2046. Crown Castle is the current tenant under the Master Lease (the “Current Tenant”), and subleases space on the Tower to telecommunications providers. Telecommunications providers who enter into a sublease with Crown Castle lease space at the base of or near the Tower from the Town. There are two available spaces for equipment shelters at the Property. One space, referred to as Space No. 1, contains 150 square feet, and the other space, referred to as Space No. 2, contains 220 square feet (together, the “Equipment Spaces”). The Town is soliciting proposals from telecommunications providers to lease the Equipment Spaces for the installation, maintenance, repair and replacement of equipment shelters. The Town will select proposals from two (2) telecommunications providers and enter into site lease agreements with the successful proposers (the “Site Agreements”). The Site Agreements are for an initial term of ten (10) years, which may be extended for two (2) periods of five (5) years each, for a total maximum term of twenty (20) years. Proposers are advised that the award of the Site Agreement does not grant the proposers any rights to use the Tower; rather, the proposers are authorized to install equipment shelters only. Proposers are advised to negotiate with Crown Castle for subleasing space on the Tower on such terms and conditions as Crown Castle proposes. The negotiations with Crown Castle are separate and apart from negotiations of the lease of the Equipment Spaces with the Town. Proposers will be required to pay the Town directly 40% of a collocation fee that is to be 3 negotiated separately with Crown Castle. The Town’s share of these proceeds are separate and apart from the rent owed by providers or companies leasing the Equipment Space from the Town. This RFP describes all of the terms, conditions and minimum requirements, which must be the basis of any proposal response. If a contract is awarded, it shall be awarded to the responsible and responsive proposer whose proposal is deemed the most advantageous, taking into consideration the price and the evaluation criteria set forth in this RFP. The Site Agreement shall be on terms substantially similar to the Site Lease Agreement attached hereto. The Select Board reserves the right to reject any or all proposals and to select the proposal that the Selectmen deem to be in the best interests of the Town of Brewster. The successful proposers shall be fully responsible for obtaining all permits in accordance with all applicable federal, state, and local regulations and bylaws, and for all costs of construction and maintenance of the facilities. The successful proposers are responsible for negotiating with Crown Castle for space on the Tower. III. Site Visit The Town will conduct a site visit on the Property on August 10, 2022 for the purpose of conducting a visual inspection of the Tower and the Equipment Spaces. Interested proposers should meet at 10:00 AM at the Property. Proposers are advised to do their own due diligence, and that neither the Town nor any of its agents or representatives is responsible for representations made regarding the physical condition of the Property. IV. Proposal Binder Proposers are required to submit a binder to the Town in the amount of One Thousand Dollars ($1,000.00) with their proposals. The binder of the successful proposers will be used to partially defray the costs incurred by the Town in issuing this RFP and to guarantee diligent pursuit of a lease with the Town. The binders of proposers who are not selected will be returned once the Town has selected the two (2) successful proposers. The binders are not credited against future rent. V. Price The lease price components will be evaluated on the basis of the most advantageous price for the term of the lease. The Town has established a minimum annual rent of Twelve Thousand Dollars ($12,000.00) for each of the Equipment Spaces, which sum shall increase annually during the term of the lease by three percent (3%). Proposers are encouraged to offer more than the minimum rent as price is one of the comparative criteria. 4 VI. Instructions to Bidders 1. Failure to complete the enclosed forms, answer any questions, or provide the required documentation will result in the proposal being deemed non-responsive and will result in rejection of the proposal, unless the Town determines that such failure constitutes a minor informality, in accordance with the provisions of G.L. Chapter 30B. 2. All requests for clarification and any questions about information contained in this RFP must be submitted in writing and addressed to: Donna J. Kalinick, dklalinick@brewster-ma.gov Town Administrator’s Office Brewster Town Hall 2198 Main Street Brewster, MA 02631 No requests or questions will be accepted after 11:00 a.m. on August 11, 2022. The name, address, telephone number, fax number and email of the person to whom such additional information shall be sent must be provided by the bidder. Answers to questions shall be provided in writing via email to all bidders. Only answers provided by the Town in writing may be relied upon by the bidders. 3. One original and three copies of the proposal must be received in the Office of the Town Administrator by 11:00 a.m. on August 18, 2022. Proposals must be delivered in a sealed package, plainly marked “Request for Proposals: Lease of Equipment Space on Main Street Property.” 4. If at the time of the deadline for submission, the Town offices are closed due to uncontrolled events such as fire, weather, or building evacuation, the proposal submission deadline will be postponed until 12:00 noon on the next normal business day that the Town offices are re-opened and, in such case, proposals will be accepted until such date and time. 5. The proposal shall include a cover letter on company letterhead signed by a person who is authorized to contractually bind the bidder, including the bidder’s name, address, and telephone number. It should state the subject as “Equipment Space Lease” and should state the name, title, and phone number of the organization’s primary contact person for this RFP if he/she is other than the signer. 6. Bidders may correct, modify, or withdraw proposals in writing not less than 48 hours prior to the proposal opening. Oral communications will not be accepted. Corrections or modifications must be submitted in a sealed envelope when submitted. 7. A bidder’s proposal will remain in effect for a period of ninety (90) calendar days from the deadline for submission, until a lease has been executed, or until this RFP is cancelled, whichever occurs first. 8. In the case of a discrepancy on the Price Summary Form between written and numerical amounts, the written amount shall prevail. 5 9. Each proposal shall include completed Certificates of Non-Collusion and of Tax Compliance, Disclosure of Financial Interest in Real Estate Transactions, and Certificate of Authority, forms of which are attached to this RFP. 10. The successful bidder will be responsible for securing all necessary permits, state and local, as required for the installation maintenance of the equipment shelters at the Property. 11. The Town reserves the right to seek additional information or revised proposals from bidders at any time prior to selection of a lessee through written notice to all bidders. 12. The Town and the successful bidder shall enter into a lease substantially similar to the Site Lease Agreement attached hereto and incorporated herein within thirty (30) days from the date on which the Town notifies the successful bidder that it has been awarded the lease. If the parties fail to execute a lease within thirty (30) days of notice of award, the Town may select the next most advantageous offer. The successful bidder will be responsible for leasing space on the Tower from Crown Castle. VII. Evaluation of Proposals All proposals will be reviewed in accordance with the provisions of G.L. Chapter 30B by the Town Administrator and Town Project Manager, and final selection will be based on the results of the evaluation and analysis of the information and materials required under this RFP. The lease will be awarded to a proposer who meets the evaluation criteria, submits the required documents, has the demonstrated experience and resources to fulfill the requirements of this RFP, and best meets the comparative evaluation criteria, subject to successful negotiation of final lease terms. The Town may make such investigation as it deems necessary, including interview with proposers, to determine the ability of the proposer to install and telecommunications facilities on the leased municipal property. The proposer shall furnish to the Town, all such information and data for this purpose as the Town may request. The Town shall award the Site Agreements, if at all, to two (2) responsive and responsible proposers whose proposal is deemed by the Town to be the most advantageous, taking into consideration price and the evaluation criteria stated in this RFP. The Town reserves the right to reject any and all proposals if such rejection is deemed to be in the best interest of the Town. The Town also reserves the right to waive any informalities in the proposal process and to accept the proposal deemed to be in the best interest of the Town. VII. Lease Requirements The award of a lease for the installation of the equipment shelters on the Property pursuant to this RFP shall be on terms substantially similar to the Site Lease Agreement attached hereto and incorporated herein (the “Site Agreements”). The Site Agreements shall be entered into by the Town and the successful proposer within thirty (30) days of the notice of the award. If the parties fail to execute a Lease within thirty (30) days of notice of award, the 6 Town may select the next most advantageous offer. IX. Comparative Evaluation Criteria The purpose of information requested in this Section is to assist the Select Board in evaluating each proposal. Responses should be complete and full: 1. Total Annual Net Fee Income During the Lease Term The proposed rent is an important evaluation criterion, and proposals will be evaluated on the basis of the most advantageous price for the full term of the lease. Proposers are advised that the Town has established a minimum annual rent of $12,000.00 for each of the Equipment Spaces, which sum shall increase annually during the term of the lease by a minimum of 3%). Proposers are encouraged to offer more than the minimum required by the Town. 2. Financial Strength and Credit Worthiness A Highly Advantageous rating will be given to a bidder who has more than sufficient assets to enter into the lease agreement and make payments for the total annual lease value set forth in the proposal. In particular, this highest rating will be reserved for bidders whose Dun and Bradstreet (or equivalent) classification for financial strength is “3A” or better, with a composite credit appraisal of 1. An Advantageous rating will be given to an bidder who has sufficient assets to enter into the lease, as shown by its Dun and Bradstreet (or equivalent) classification for financial strength of “1A” or above, with a composite credit rating of at least 2. Ratings of parent or sister companies who have only limited liability for the bidder shall not be considered. An Unacceptable rating will be given to a bidder who does not have sufficient assets to enter into the lease, as shown by its Dun and Bradstreet (or equivalent) classification for financial strength of lower than 1A. 3. Ability to Successfully Negotiate a Sublease with Crown Castle A Highly Advantageous rating will be given to a proposer that has commenced negotiations on the lease of space on the Tower with Crown Castle and is able to provide evidence of such negotiations in submitting its proposal to the Town. An Advantageous rating will be given to a proposer who has previously entered into agreements with Crown Castle and/or submits evidence that it is capable of successfully negotiating a sublease with Crown Castle. An Unacceptable rating will be given to a bidder who has not had relations with Crown Castle and/or is unable to enter into a sublease with Crown Castle. 7 4. Experience with Similar Projects A Highly advantageous rating will be given to a bidder who has significant experience in the development and operation of facilities that are similar in nature, size, and scope. In particular, this highest rating will be reserved for bidders who have significant experience in dealing with municipalities and leasing of public land, who have developed sites in Massachusetts, and who have experience using design methods and techniques to minimize visual impacts of the proposed equipment. An Advantageous rating will be given to a bidder who has experience in the development and operation of similar projects. 5. Most Aesthetically Appropriate Use of the Property A Highly Advantageous rating will be given to a bidder whose proposed plans for the Property involve the most aesthetically appropriate use of the site by minimizing the visual and environmental impacts of the proposed facilities, consistent with the requirements of the Town of Brewster’s bylaws. Design measures taken to minimize the visual impact of the equipment will contribute to a Highly Advantageous rating. The successful bidder shall be responsible for determining compliance with applicable zoning bylaws. An Advantageous rating will be given to a bidder whose proposed plans for the Property comply with the requirements of the Town’s Zoning Bylaw relative to such installations, and which use standard installation techniques, with only modest efforts in the area of mitigating visual impacts and protecting the environment. An Unacceptable rating will be given to a bidder whose proposed plans for the Property are not for wireless communication purposes or otherwise do not comply with the Town’s Zoning Bylaw and the provisions of this RFP. X. Document Submission Requirements The following information shall be provided: A. Information on the Proposer: • Name, address, size and organizational structure of the proposer’s firm; • Name and title of the person authorized to act for the proposer; this person must sign the proposal; and • Name and telephone numbers of the firm's contact person, technical consultant and project manager. B. Background of the Proposer: • List the locations of at least three (3) wireless facilities the proposer has installed in the last two years and the name and telephone number of the owners of the sites; 8 • List all current lease relationships with Massachusetts’s municipalities and the Commonwealth of Massachusetts or any of their sub-entities; • List three (3) recent projects that the proposer has completed that are most similar to the structure being proposed with the names and telephone numbers of references; • List any proceeding by the federal, state or local government to revoke any license or permit or to impose any fines or penalties relating to the location or operation of wireless communication facilities owned or operated by the proposer; and • List any litigation involving the proposer concerning the location or use of a wireless communication facility in Massachusetts over the last three (3) years, giving the names of the parties, the court and case number and the outcome of such litigation. • A copy of the bidder’s most recent audited annual financial statement. • Evidence of the current Dun & Bradstreet (or equivalent) rating of the bidder itself. C. Description • Property plan showing the design of the equipment shelter(s) to be installed on Equipment Spaces identifying the exact footprint for such structures; • Plans, photographs and computer renderings of the elevations of all equipment shelter; • List and description of equipment to be installed (Note: detailed specifications of proprietary equipment is not required); • Description of electrical utility power requirements and of the means to be employed to supply backup power to the proposer’s equipment shed; and • Landscape plans and security structures proposed. D. Completed Forms (forms attached) • Completed Certificate of Non-Collusion and Statement of Tax Compliance; • Certificate of Authority; • Disclosure of Beneficial Interests in Real Property Transaction form, as required under M.G.L. Chapter 7C, Section 38; and • Certificate of authority, if proposer is other than an individual. E. Proposed Time Line for Completing the Installation • List schedule for negotiating with Crown Castle, permitting, construction timetable, and the date of commencement of projected operations. F. Price Proposal • Base lease price, which shall be no less than $12,000.00 per year ($1,000 per month). 9 Checklist A complete proposal must have the following items: One original and three (3) copies of the completed Project Proposal, which includes: ___ Information on the offeror ___ Background on the offeror ___ Description of facility and proposed time line ___ Certificate of Non-Collusion and Statement of Tax Compliance (Form Attached) (Please note that failure to submit the certificate of non-collusion and statement of tax compliance will result in immediate disqualification of the proposal) ___ Disclosure of Beneficial Interest form (form attached) ___ Certificate of Authority (form attached) ___ Price Proposal (form attached) 819150/BREW/0129 TOWN OF BREWSTER REQUEST FOR PROPOSALS Lease of Ground Space to Two (2) Tenants for Telecommunications Equipment Shelters at 1657 Main Street, Brewster PRICE PROPOSAL The undersigned proposed to lease approximately 150-200 square feet of land on the property located at 1657 Main Street in Brewster, MA, for the sole purpose of erecting, operating and maintaining an equipment pad and/or shelters, cables, transmission and utility wires, poles, conduits, pipes, accessories and related equipment and improvements. $________________ Annual payment for the first year (base year) of the lease ($12,000.00 minimum bid required), subject to an annual escalation during each year of the lease at the rate of _____________ percent (___%) (minimum increase of three percent (3%) required). Name of Bidder: (Company)_______________________________________________________ Signature:________________________________________________________ Date:________________________, 2022 819515/BREW/0129 TOWN OF BREWSTER REQUEST FOR PROPOSALS Lease of Ground Space to Two (2) Tenants for Telecommunications Equipment Shelters at 1657 Main Street, Brewster TAX COMPLIANCE AND NON-COLLUSION STATEMENTS Any person or corporation that fails to date, sign with original signature, and submit the following statements shall not be awarded this contract. Certificate of Non-Collusion The undersigned certified under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization entity, or group of individuals. ______________________________ Name of Person Signing Proposal ______________________________ ___________________________ Name of Business Date Statement of Tax Compliance I certify under the penalties of perjury that I, to the best of my knowledge and belief, have filed all state tax returns and paid all state taxes required under law. ______________________________ Countersignature of Individual or Corporate Name (mandatory) ______________________________ By: Corporate Officer (mandatory) _____________________________ Federal Identification No. *Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant. 819515/BREW/0129 TOWN OF BREWSTER REQUEST FOR PROPOSALS Lease of Ground Space to Two (2) Tenants for Telecommunications Equipment Shelters at 1657 Main Street, Brewster DISCLOSURE STATEMENT FOR TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J) The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury, the following information as required by law: (1) Real Property: A portion of the parcel of land located on 1657 Main Street, Brewster, which land is shown on shown on Assessors Map 56 as Parcel 6. (2) Type of Transaction, Agreement, or Document: Lease of property by Town of Brewster. (3) Public Agency Participating in Transaction: Town of Brewster (4) Disclosing Party’s Name and Type of Entity (if not an individual): (5) Role of Disclosing Party (Check appropriate role): _____Lessor/Landlord _X____Lessee/Tenant _____Seller/Grantor _____Buyer/Grantee (6) The names and addresses of all persons and individuals who have or will have a direct or indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation or 2) an owner of a time sh are that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows (attach additional pages if necessary): NAME RESIDENCE ________________________ _______________________________ ________________________ _______________________________ ________________________ _______________________________ ________________________ _______________________________ 13 DISCLOSURE STATEMENT FOR TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J) (7) None of the above- named persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed below (insert “none” if none): (8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts: No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. The provisions of this section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee’s interest is held by the organization of unit owners of a leasehold condominium created under chapter one hundred and eighty-three A, and time-shares are created in the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms-length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than three percent of the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within thirty days of such change. Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request. The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours. 14 (9) This Disclosure Statement is hereby signed under penalties of perjury. ______________________________________________________________________________ Print Name of Disclosing Party (from Section 4, above) ______________________________________________________________________________ Authorized Signature of Disclosing Party Date (mm / dd / yyyy) ______________________________________________________________________________ Print Name & Title of Authorized Signer 819515/BREW/0129 TOWN OF BREWSTER REQUEST FOR PROPOSALS Lease of Ground Space to Two (2) Tenants for Telecommunications Equipment Shelters at 1657 Main Street, Brewster CERTIFICATE OF AUTHORITY Give full names and residences of all persons and parties interested in the foregoing proposal: (Notice: Give first and last name in full; in case of Corporation give names of President, Treasurer; and in case of Firms give names of the individual members.) NAMES ADDRESSES ZIP CODE __________________________ ________________________ __________ __________________________ ________________________ __________ __________________________ ________________________ __________ Kindly furnish the following information regarding the Proposer: (1) If a Proprietorship Name of Owner: ADDRESS ZIP CODE TEL. # Business: _______________________________ ___________ ______________ Home: _______________________________ ___________ ______________ (2) If a Partnership Full names and address of all partners: NAMES ADDRESSES ZIP CODE __________________________ ________________________ __________ __________________________ ________________________ __________ __________________________ ________________________ __________ __________________________ _______________________ _________ 16 BUSINESS ADDRESS ZIP CODE TEL. # _____________________________ ___________________ ________________ (3) If a Corporation Full Legal Name: _______________________________________________________________________ State of Incorporation: ___________________________________________________________________ Principal Place of Business: ZIP Qualified in Massachusetts: Yes ___________ No _________________________ Place of Business in Massachusetts: ZIP CODE TEL. # (4) If a Trustee Full Legal Name of Trust: _______________________________________________________________________ Recording Information on Declaration of Trust: _______________________________________________________________________ Authorized Signature of Proponent: _________________________________________ Title: ________________________ Date: _________________________ 819515/BREW/0129 17 TOWN OF BREWSTER REQUEST FOR PROPOSALS 1657 MAIN STREET SITE LEASE SITE LEASE AGREEMENT This Site Lease Agreement (this “Lease”) is entered into as of this ______ day of __________________, 2022, by and between the Town of Brewster (the “Town”), acting by and through its Select Board, having an address of Brewster Town Hall, 2198 Main Street, Brewster, Massachusetts 02631, and _____________________ (“Tenant”), a ____________________ company, having an address at ____________________________. Recitals Whereas, the Town owns certain real property located at 1657 Main Street, Brewster, shown on Assessors Map 56 as Parcel 6 (the “Property”); Whereas, the Town issued entered into a Lease Agreement dated August 22, 1996 (the “Master Lease”) with Cape and Islands Cellular Co., Inc., which is now leased by Crown Castle (the “Current Tenant”), pursuant to which a cell tower has been installed on the Property (the “Tower”); Whereas, pursuant to the Master Lease, the Current Tenant is permitted to sublease collocation space on the Tower to other telecommunications providers, on the condition that the Tenant pay 60% of a collocation fee to the Current Tenant, and 40% of such fee directly to the Town; Whereas, since the Master Lease does not provide the Current Tenant with sufficient space on the Property for the siting of equipment cabinets or sheds and related utilities, and collocators must lease equipment space at the base of or near the Tower from the Town; Whereas, the Town issued a Request for Proposal dated _______________, 2022, soliciting proposals from telecommunications providers for the lease of ground space near the Tower, contingent on the successful proposer successfully negotiating a lease directly with the Current Tenant for antennas space on the Tower; Whereas, Tenant submitted a proposal, seeking to lease land near the Tower; Whereas, the Town has selected Tenant as the successful proposer, contingent on the Tenant entering into a lease with the Current Tenant, on the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the Town and Tenant agree as follows: 18 Agreement 1. Lease of Premises. 1.1 The Premises. The Town hereby leases to Tenant exclusively, and Tenant hereby leases from the Town, the parcel of land containing ______ square feet, more or less, on the ground at the base or near the Tower and shown as “______________” (the “Leased Premises”), for purpose of constructing, installing, equipping, maintaining, operating, repairing, and replacing an equipment cabinet or shelter (the “Cabinet”) to house Tenant’s telecommunications equipment, which may include radio transmitting and receiving equipment, conduits, wires, batteries, back-up generators, utility lines and facilities, supporting structures, telephone facilities, microwave equipment, and related equipment (the “Ground Equipment”), together with the right to install connections between the Cabinets and the Ground Equipment housed therein to Tenant’s antennas and other telecommunications equipment installed on the Tower pursuant to a lease with the Current Tenant (the “Antenna Equipment”). The Premises are leased together with the non-exclusive right to use connecting rights-of-way, access roads and easements thereto for vehicular ingress to the Leased Premises and egress out to public ways. 1.2 Condition of Leased Premises. Tenant understands and agrees that the Leased Premises are being leased in their present condition, “as is,” and Tenant further agrees that it has had an opportunity to examine and inspect the Leased Premises and the Property, and has determined that the Property and Leased Premises are suitable and adequate for Tenant’s intended purpose. Tenant acknowledges that Landlord has made no representations or warranties of any kind with respect thereto, and that Landlord shall have no obligation to maintain, do any work on, or make any improvements to or provide utilities to the Property, including the Leased Premises. Landlord shall have no obligation to remove snow or ice from the Property, including the Leased Premises. 1.3 Permitted Uses. Tenant shall use the Leased Premises solely for the provision of wireless telecommunications services (the “Permitted Use”). There shall be no services, equipment or storage at the Leased Premises other than what is necessary to provide such wireless communication services. Subject to the provisions of Section 4 and other Lease terms, Tenant may install, place, alter, upgrade, repair, replace and maintain the Ground Equipment, provided, however, that Tenant shall have no right to expand or relocate the Leased Premises. 2. Access to Leased Premises. 2.1 Normal Business Hours. Tenant’s Ground Equipment is to be located within the existing fenced-in area of the Property that includes the Tower. Except during an emergency, as provided below, Tenant may access the Leased Premises at any time of day after giving Landlord at least twenty-four (24) hours advance verbal or written notice of the date and time of the proposed access to Landlord’s representative (given to ______________at ________ [phone number]), unless otherwise advised in writing by Landlord, and Tenant shall accompanied by an authorized representative of the Landlord. Tenant may access the Leased Premises only during normal business hours, which are defined as 8:30 am to 4:30 pm Monday through Friday, by 19 giving Landlord at least one (1) business days prior notice thereof, which may be oral notice (given to _____________________ at _______________ [email]; ____________ [phone]). 2.2 Emergency Access. In the event of an emergency, Tenant may access the Leased Premises during hours other than normal business hours but only if Tenant (i) notifies Landlord of the need for such access by telephone (to Landlord’s representative, as indicated above) and (ii) is accompanied by an authorized representative of the Landlord during such access. Landlord and Tenant agree to cooperate reasonably and in good faith to ensure that Landlord receives proper notification of Tenant’s need for emergency access, and that Tenant is allowed access to the Leased Premises, including the Tower, in the event of an emergency. In addition, Tenant agrees to pay all reasonable costs incurred by the Landlord to facilitate Tenant’s emergency access to the Leased Premises, including, but not limited to, costs of personnel accompanying Tenant during such access. All costs incurred by the Landlord in connection with providing emergency access shall be paid by Tenant within thirty (30) days after receipt of an invoice for such charges. 2.3 Landlord’s Access to Leased Premises. Tenant acknowledges that Landlord can access the Leased Premises at any time and for any purpose, provided that Landlord does not interfere unreasonably with the rights granted to Tenant hereunder. 3. Diligence Period; Contingencies. 3.1 Contingencies. Landlord acknowledges that Tenant’s obligations under this Lease are contingent on (a) Tenant obtaining, at its sole cost and expense, any and all federal, state, or local permits, approvals of licenses necessary for the installation and operation of the Ground Equipment and the use of the Leased Premises for the Permitted Uses (collectively, the “Permits”); (b) Tenant entering into a suitable lease agreement with the Current Tenant for the installation of the Antenna Equipment on the Tower (the “Antenna Lease”); and (c) on Tenant being satisfied with the title to and condition of the Leased Premises and the suitability of the Leased Premises for the Permitted Uses. Tenant agrees to use good faith and diligent efforts to obtain the Permits and to inspect the Leased Premises to determine their use for the Permitted Uses. 3.2 Due Diligence Period. Tenant shall have the right at any time following the full execution of this Lease and prior to the Commencement Date (the “Due Diligence Period”), to enter the Leased Premises during normal business hours, as set forth in Section 2(a), upon giving Landlord at least two (2) business days’ prior notice thereof, for the purpose of making necessary inspections, taking measurements and conducting engineering surveys (and soil tests where applicable) and other reasonably necessary tests to determine the suitability of the Leased Premises for the Ground Equipment. 3.3 No Subsurface Tests. Notwithstanding the foregoing, Tenant shall not conduct any subsurface tests until a Phase I Assessment concludes that a recognized environmental condition (as such term is defined in ASTM Standard E1527–05) exists and/or recommends a so- called Phase II Property Assessment be conducted for the Leased Premises and Tenant obtains Landlord’s consent, which may not be unreasonably withheld if Tenant has submitted a written 20 scope of work to Landlord detailing the work to be done and the portion of the Leased Premises to be affected by such work and containing such other information as Landlord shall reasonably request. 3.4 Pre-requisites to Access. Before Tenant enters the Property for any purpose, Tenant shall obtain insurance which covers such activities as set forth in Section 7, Insurance, and provide certificates of insurance to Landlord evidencing compliance with Section 7. Tenant will notify Landlord of any proposed tests, measurements or pre-construction work and will coordinate the scheduling of such activities with Landlord. Landlord or its designees shall have the right to accompany Tenant during the performance of Tenant’s Due Diligence. Tenant will defend, indemnify, and hold harmless Landlord against all costs (including reasonable attorneys’ fees), claims, damages and liabilities arising as a result of the actions, omissions, negligence or willful misconduct of Tenant or its agents, employees, representatives, contractors and invitees (with Landlord, the “Landlord Parties”) and/or from Tenant’s exercise of the rights granted herein. 3.5 Termination Rights. If, in the course of its diligence, Tenant determines that the Leased Premises are unsuitable for Tenant contemplated use or Tenant is unable to obtain the Permits or the Antenna Lease on terms reasonably acceptable to Tenant, Tenant shall have the right to terminate this Lease prior to the Commencement Date by delivery of written notice thereof to Landlord, without the payment of a Termination Fee. If Tenant fails to object to the title to or condition of the Leased Premises, or fails to give written notice to Landlord of its inability to obtain the Permits or the Antenna Lease, prior to the Commencement Date, Tenant shall thereafter have no right to terminate the Lease for the condition of or the title to the Leased Premises and/or the Property as the same exist as of the expiration of the Due Diligence Period, or for the failure to obtain the Permits or the Antenna Lease 4. GROUND EQUIPMENT. 4.1 Installation of Ground Equipment. The Ground Equipment and any other equipment to be installed on the Leased Premises by Tenant are shown on the Equipment Plans attached to herein as Exhibit A and incorporated herein. Landlord and Tenant agree that the Equipment Plans do not limit Tenant’s rights under this Lease to improve, modify, replace, upgrade or remove the Ground Equipment or any part thereof during the Term of this Lease, provided, however, that notwithstanding anything in this Lease to the contrary, Tenant may not install additional ground cabinets or sheds, or any other equipment that is not shown on the Equipment Plans without Landlord’s prior written consent, which may be conditioned on Landlord receiving additional Base Rent. Tenant may perform construction, alterations, upgrades, maintenance, repairs, additions to, and replacement of the Ground Equipment as necessary and appropriate for its ongoing business, all in accordance with this Lease. 4.2 Construction Standards. The installation, construction, erection, alteration, maintenance, repair and/or replacement of the Ground Equipment and any component thereof, and all improvements and other activities at the Leased Premises, shall be undertaken in strict accordance with (i) this Lease, (ii) the Permits, (iii) all applicable local, state and federal laws, by-laws, rules, statutes, codes, regulations, local standards, and approvals for the installation, operation and maintenance of the Ground Equipment, and/or the use of the Leased Premises for 21 the Permitted Uses (“Applicable Laws”). 4.3 Construction Costs. Tenant shall pay all costs and expenses incurred in connection with the construction, maintenance, repair and operation of the Ground Equipment and all related improvements at the Leased Premises, including utility connections, and the cost of electricity and other utilities Tenant consumes in its construction, maintenance and operational activities at the rate charged by the servicing utility company, for which Tenant will make payments directly to said company. 4.4 Electric Service. Tenant shall include in its design plans and specifications the equipment intended to provide electric service to the Ground Equipment, including auxiliary power if necessary for the installation of the Ground Equipment. Tenant shall negotiate with the applicable utility/power company the means for providing electric service. The design plans and specifications for electric service must be submitted to the Landlord for review and approval in accordance with Section 4.5. Tenant shall pay the cost of obtaining and maintaining electric service to the Leased Premises. If permitted by the power company, Tenant shall have a separate power meter installed for its electric service and Tenant shall pay all costs related to electric service directly to the utility company. 4.5 Submittal of the Plans for Approval. Prior to undertaking the installation, erection and construction of the Ground Equipment, any other improvements at the Leased Premises permitted under this Lease, and any Changes (defined below) except for the equipment inside its Cabinet), Tenant shall submit to Landlord electronic and written copies of the construction plans and specifications, shop drawings, structural calculations, equipment specifications, construction schedule and such other information as Landlord may reasonably request to make an informed decision on the request (the “Plans”) for review and approval (or rejection) by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve, reject or request additional information on the Plans within thirty (30) days of its receipt of all the required and requested Plans or the Plans are deemed approved. All reasonable and customary costs associated with Landlord’s review and/or approval of the Plans and reasonable and customary costs associated with inspection of the work shall be borne by Tenant, which shall pay the same within thirty (30) days of the presentment of invoices. Any post-approval changes to the Plan shall be subject to approval by the Landlord prior to implementation. Notwithstanding anything to the contrary in this Lease, the review of Plans by Landlord noted above is in addition to, and not a limitation of, any regulatory (or other) approval process required by any governmental body, including, but not limited to, the Town of Brewster Zoning Board of Appeals and/or the Conservation Commission; and, further, any agreement by Landlord in this Lease not to interfere with, or to cooperate with, Tenant in connection with this Lease is not intended to relieve, and shall not relieve, Tenant of any obligation to comply with any such process. 4.6 Approval of Changes. Subject to the prior approval of the Landlord in accordance with Section 4.5, Tenant may increase the dimensions of the Cabinets or make any other alterations to the Leased Premises (the “Changes”) from time to time during the term of this Lease, provided that in no event shall Tenant relocate, increase, or change the dimensions of the 22 Leased Premises. All Changes must be approved in advance by the Landlord in accordance with Section 4.5, and must also comply strictly with the Permits and the Applicable Laws. However, any changes of equipment inside Tenant’s Cabinet shall not require the approval of Landlord under Section 4.5, but Tenant shall nonetheless give advance written notice to Landlord of such change describing the intended exchange in reasonable detail so that Landlord may understand and observe (or object to) any such change. 5. Term. 5.1 Commencement of Initial Term. The “Initial Term” of this Lease shall be for a period of ten (10) years beginning on the earlier to occur of; (i) the first day of the month following Tenant’s receipt a building permit for the installation of the Ground Equipment, or (ii) three (3) months from the Effective Date (the “Commencement Date”), and expiring at midnight on the tenth (10th) anniversary of the Commencement Date (or such later date as provided in Section 5(b) below, the “Expiration Date”), unless sooner terminated as provided in this Lease. Notwithstanding the foregoing, all of other terms of this Lease shall become effective on the Effective Date. 5.2 Extension of Initial Term. Unless Tenant is in default of this Lease beyond applicable cure periods, Tenant shall have the option to extend the term of this Lease for two (2) additional (successive) five-year terms (each, an “Extension Term”), for a total maximum term of twenty (20) years. Tenant shall be deemed to have decided to extend the term of the Lease for an additional Extension Term unless it has notified Landlord, in writing at least six (6) months prior to the expiration of the then-current term, that Tenant has decided not to renew the Lease. Nothing herein shall affect Landlord’s or Tenant’s ability to terminate this Lease prior to the Expiration Date in accordance with the terms of this Lease. The Initial Term, and any and all exercised Extension Term(s), are referred to as the “Term.” 5.3 Holdover. If Tenant’s equipment remains at the Property and on the Tower after the termination or expiration of this Lease, and the Landlord and Tenant are not actively negotiating entering in to a new lease agreement (assuming Landlord has issued a RFP to lease the Premises and Tenant has been selected as the successful proposer in writing), Tenant will be deemed to be occupying the Property and Tower on a month-to-month basis, provided that Tenant pays Landlord Base Rent in the amount of 150% over the amount Tenant paid under the terms of this Lease and subject to the terms and conditions of this Lease (not including any extensions or renewals), and Landlord may exercise any and all rights and remedies available to it as a result of such occupation, including, but not limited to, invoking Landlord’s rights under the bonds provided herein. 6. Lease Payments. 6.1 Base Rent. Starting on the Commencement Date, Tenant will pay the Landlord an annual lease payment of ____________ Thousand Dollars $________, for the 1st Lease Year, which sum shall increase every year over the prior year’s ret by ______ percent (_____%) (the “Base Rent”). 23 6.2 Payment of Base Rent: Base Rent shall be paid in equal monthly installments, in advance, by the first day of each month during the Lease Term, and shall be paid by check made payable to the Landlord (Town of Brewster) and mailed or hand-delivered to Landlord at the address set forth above, or to such other address as Landlord may from time to time notify Tenant in writing. 6.3 Additional Rent. Commencing on the Effective Date, and upon receipt of the assessing authorities notice or statement, Tenant agrees to pay, as “Additional Rent,” any real estate taxes, levies, betterments or assessments, fees or charges that are assessed or charged during the Term of this Lease that are attributable to the Tenant’s Ground Equipment on the Property or Tenant’s use of the Leased Premises, directly to the assessing authority. The Base Rent and the Additional Rent are referred to, collectively, as “Rent.” Notwithstanding the foregoing, Tenant shall have the right in its own name to contest the validity or amount, in whole or in part, of such taxes, levies, betterments or assessments, fees or charges by appropriate proceedings timely instituted. In addition to any other rights and remedies available to Landlord, Tenant shall defend, indemnify and hold harmless Landlord from any costs and expenses related to any such contest, and Lessee shall promptly pay any valid final adjudication enforcing any such imposition. The obligations of this section shall survive the expiration or termination of this Lease. 6.4 Collocation Payments. In addition to the Rent to be paid under this Lease, Tenant shall pay Landlord forty percent (40%) of the collocation fee that is due under the lease agreement between Tenant and the Current Tenant. 6.5 Interest. All payments becoming due under this Lease and not paid when due shall bear interest from the applicable due date until received by Landlord at an annual rate equal to the prime rate of interest charged from time to time by Bank of America or its successor or similar entity, plus two percent (2%). 7. Insurance. 7.1 Required Insurance. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) Commercial general liability with a minimum coverage amount of One Million and 00/100 Dollars ($1,000,000) per occurrence and Two Million and 00/100 Dollars ($2,000,000) aggregate limit. The policy shall include coverage for products and completed operations liability and, coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. (ii) All risk property insurance for replacement of Tenant’s property. Said insurance shall include coverage for all natural disasters, including earthquakes, hurricanes, tornadoes and floods. 24 (iii) Automobile liability insurance for owned automobiles and trucks, non-owned automobiles and trucks, and/or rented automobiles and trucks, in the amount of (i) One Million and no/100 Dollars ($1,000,000) combined single limit for bodily injury (including death) and property damage per occurrence. (iv) Worker's Compensation in the minimum amount of statutory limit. (v) Excess liability in the minimum amount of Three Million Dollars ($3,000,000) in umbrella form over all other insurance required by the Agreement. 7.2 General Requirements. The following conditions shall apply to the insurance policies required herein: (i) All insurance shall commence on the Execution Date. Tenant shall not enter the Leased Premises until such insurance has been obtained and Tenant has provided Landlord with a copy of the insurance policy including the Town of Brewster as an additional insured (except on workers compensation insurance) and meeting the other requirements set forth herein. (ii) All insurance of Tenant shall be primary with respect to any insurance maintained by Landlord with respect to claims resulting from the Tenant’s negligence and shall not call on Landlord’s insurance for contributions. (iii) All insurance shall be issued through valid and enforceable policies issued by insurers authorized to transact insurance business in the Commonwealth of Massachusetts and having an A or better financial rating from a recognized insurance accreditation institution (such as A.M. Best Company). (iv) All insurance policies and certificates shall include a provision requiring thirty (30) day’s written notice to Landlord of cancellation. On each anniversary of the Commencement Date, and at Landlord’s reasonable request, Tenant shall provide Landlord with a certificate evidencing the coverages required hereunder, and such certificates shall be delivered to Landlord’s email address on file. (v) Tenant’s failure to obtain, procure or maintain the required insurance shall constitute a material breach of this Lease and Landlord may in its sole discretion take immediate and unilateral action to suspend the rights of Tenant to operate pursuant to this Lease until said breach is corrected. (vi) Tenant agrees that, on the fifth (5th) anniversary of the Commencement Date, and every five (5) years thereafter, or upon Landlord’s reasonable request, Tenant shall increase the limits of any of the above-mentioned insurance so as to comparable to insurance generally maintained at the time in question for similar properties in Massachusetts. 25 (vii) Tenant shall require its contractors and sub-contractors to carry such worker’s compensation and general liability insurance as set forth above. 8. Interference. 8.1 Existing and Future Users. Tenant is prohibited from interfering with the communications providers, carriers and/or radio frequency users who entered a lease or a license with Landlord to use the Property prior to the execution of this Lease (the “Existing Users”). Upon request of Tenant, Landlord will provide Tenant with a list of the Existing Users and their frequencies, to allow Tenant to evaluate whether Tenant will interfere with such users. Tenant represents and warrants that the Ground Equipment, and Tenant’s use of the Ground Equipment, and/or Tenant’s use of the Tower will not cause “measurable interference” with any Existing Users and others locating on the Property after the date of this Lease. If Tenant’s equipment causes measurable interference, or if Tenant’s use of the Leased Premises, including the Tower, interferes unreasonably with the use of the Property and/or the Tower by others entitled thereto, Tenant shall correct and eliminate such interference within two (2) days of written notification from Landlord. 9. Indemnification, Release. 9.1 Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, and its officers, employees, agents and representatives (collectively, with Landlord, the “Landlord Parties”), from and against any and all claims, suits, action, legal or administrative proceedings, damages, liabilities, injury, loss, costs or expenses (including reasonable attorneys' fees, consultants fees and court costs) (i) arising from the failure of Tenant or Tenant’s contractors, agents, employees, representatives, licensees, invitees and/or or anyone claiming by or through Tenant (collectively, with Tenant, the “Tenant Parties”) to comply with the terms of this Lease or with any Applicable Laws or lawful direction now or hereafter in force of any public authority; (ii) arising due to or caused by any act, omission, or negligence, or intentional misconduct on the part of any of the Tenant Parties; and (iii) the Ground Equipment and/or any parts thereof. However, Tenant shall not be obligated to indemnify Landlord to the extent such claim, expense, or liability is caused by the negligence or willful misconduct of any of the Landlord Parties. This obligation is in addition to, and not a limitation of, any other right or remedy available to the Landlord under this Lease and at law. 9.2 Release. To the maximum extent permissible by law, Tenant agrees to use and occupy the Property at Tenant’s own risk, and Landlord shall have no responsibility or liability for any injury, loss or damage to any of the Tenant Parties or to their personal property unless caused by the negligence or willful misconduct of any of the Landlord Parties. In the event such injury, loss or damage occurs on account of the negligence or willful misconduct of the Landlord Parties, Tenant shall be entitled to any and all remedies available at law. 9.3 Survival. Notwithstanding anything to the contrary in the Lease, the indemnification obligation of this Section shall survive the expiration or termination of this Lease. 26 10. Representations and Warranties. 10.1 Authority. Tenant and Landlord each represent and warrant that it has the authority to enter into this Lease. 10.2 Quiet Enjoyment. Landlord represents that, so long as Tenant is in not in default of this Lease, it shall provide Tenant with quiet, peaceful use, enjoyment and possession of the Leased Premises during the term as herein contemplated, subject however to all the terms and provisions hereof. 10.3 Compliance. Tenant represents and warrants that it will abide by the provisions of this Lease, and shall maintain the Leased Premises in good and satisfactory condition. 11. Environmental. 11.1 Environmental Laws. Tenant agrees to comply with all Applicable Laws, including, without limitation, any and all federal, state, county, local or municipal laws, statutes, codes, ordinances, treaties, rules, orders, regulations, decrees, requirements, policies, guidelines or directives of any federal, state or local government, and any other governmental body, and any political subdivision thereof, and any government, judicial, public, legislative or statutory instrumentality, tribunal, agency, authority, body or entity having legal jurisdiction over the matter or person in question (a “Governmental Authority”) regulating, relating to or imposing liability or standards of conduct concerning the protection of or discharge of materials into the environment, including without limitation, Hazardous Materials, as now or may at any time hereafter be in effect, including without limitation Massachusetts General Laws, chapter 21E; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §1801, et seq. (collectively, the “Environmental Laws”). “Hazardous Materials” means any oil, hazardous, toxic or radioactive materials, substances or waste, as defined in federal, state, or local law regulating or addressing the generation, storage, use, or transportation of such materials, including, but not limited to, the Environmental Laws. However, the parties agree that Hazardous Materials does not apply to the use of petroleum products and related substances incidental to the operation of motorized equipment and vehicles whose operation on the Leased Premises is contemplated by this Lease, nor shall it apply to back-up power batteries (lead-acid batteries) and small amounts of common materials used in telecommunications operations (e.g., cleaning solvents) and fuel for any generator which may be required by Tenant for temporary power of its Ground Equipment. Tenant will use all hazardous materials brought onto the property by it in accordance with all applicable federal, state and local laws and regulations. 11.2 Compliance. Tenant agrees that neither Tenant nor any of the other Tenant Parties will use, generate, bring upon, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any of the Environmental Laws. Tenant shall make all reasonable efforts to inform Landlord in writing of any Hazardous Materials to be used (batteries, generator coolant and generator oil), present or brought upon the Property, and shall provide updates if any of the information changes during the Term of this Lease. 27 11.3 Indemnification. Subject to the exceptions contained in Section 11.4, Tenant shall defend, indemnify, and hold harmless Landlord and the other Landlord Parties from any and all liabilities and costs (including any and all sums paid for settlement of claims, litigation, expenses, reasonable attorneys’ fees, consultant and expert fees) of whatever kind or nature, resulting from the failure of any of the Tenant Parties to comply with any of the Environmental Laws and/or any Hazardous Materials on or about the Leased Premises or the remaining Property which are in any way caused by or related to the acts or omission of any of the Tenant Parties. Tenant shall assume, at its sole cost and expense, any and all duties, responsibilities, and liabilities related to the investigation, clean up, and monitoring of Hazardous Materials, and pay all costs, losses, damages, penalties, sanctions, forfeitures and/or fines arising or related to non- compliance with Environmental Laws to the extent caused by the actions, omissions, negligence or willful misconduct of Tenant or any of the other Tenant Parties on or about the Leased Premises or the remaining Property. Landlord reserves the right to inspect the Leased Premises for purposes of verifying compliance with these Hazardous Materials requirements and to take such measures as may be necessary or convenient to undertake any remediation if Tenant fails to undertake the same. Nothing herein shall waive or impair any other rights and remedies available to Landlord for Tenant’s failure to comply with the provisions of this Section. 11.4 Landlord Hazardous Activities. Notwithstanding the provisions of Section 11.3, Tenant shall have no obligation indemnify Landlord for costs, expenses, clean-up costs, penalties and fines to the extent caused by (i) the failure by Landlord or any of the other Landlord Parties to comply with any of the Environmental Laws, (ii) Hazardous Materials that are brought on to the Property by other Landlord tenants, and (iii) Hazardous Materials that are present on the Leased Premises prior to the date this Lease was executed, except to the extent the Tenant Parties caused or exacerbated the same (the “Landlord Hazardous Activities”). Notwithstanding anything herein to the contrary, in no event shall Landlord be responsible or liable to Tenant for the Landlord Hazardous Activities, it being agreed that in the event that the Landlord Hazardous Activities materially and adversely affect Tenant’s ability to use the Leased Premises for the Permitted Uses, Tenant’s sole and exclusive remedy therefor at law and in equity shall be terminate this Lease Agreement, without penalty. 11.5 Costs. The indemnifications and/or covenants of this Section specifically include reasonable costs, expenses and fees incurred in connection with any investigation of property conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority. 11.6 Survival. The provisions of this Section will survive the expiration or termination of this Lease. 12. Termination. 12.1 Termination by Tenant. This Lease may be terminated by Tenant as follows: (i) prior to the Commencement Date, if Tenant notifies Landlord in writing that Tenant is unable, through no fault of its own, to obtain any Permits or the Antenna Lease; (ii) upon ninety (90) days written notice, for any reason, so long as Tenant pays Landlord a termination fee equal to one (1) years’ Rent at the then-current rent rate as liquidated damages (the “Termination Fee”); 28 (iii) immediately, if Tenant determines that Landlord does not own the Leased Premises or have the authority to enter into this Lease, without the payment of the Termination Fee; or (iv) if Landlord fails to comply with this Lease, after the expiration of any cure period set forth in Section 15, without payment of the Termination Fee. Any prepaid Base Rent shall be adjusted as of the date of the termination of this Lease. The provisions of this Section shall survive the termination of this Lease. 12.2 Termination by Landlord. This Lease may be terminated by Landlord if (a) Tenant does not comply with the terms of this Lease, after the expiration of any cure period set forth in Section 15, or (b) the Master Lease is terminated, whether by Landlord or by the Current Tenant, without recourse. 13. Removal of Ground Equipment. 13.1 Removal of Ground Equipment. The Cabinet and all portions of the Ground Equipment and other equipment brought onto the Leased Premises by Tenant will be and remain Tenant’s personal property and, at Tenant’s option, may be removed by Tenant at any time during the Lease term. Tenant covenants and agrees that no part of the Ground Equipment installed, constructed, erected or placed on the Leased Premises by Tenant will become, or be considered as being affixed to or a part of, the Leased Premises, it being the specific intention of the Landlord that the improvements installed, constructed, erected or placed by Tenant on the Leased Premises will be, and remain, property of Tenant and may be removed by Tenant at any time during the Lease term. Within thirty (30) days of the expiration or earlier termination of this Lease, Tenant shall remove the Cabinet, the Ground Equipment and associated equipment and improvements installed, constructed, erected and placed at the Property by Lessee, and shall restore the Leased Premises and the Property as closely as reasonably possible to their original condition, normal wear and tear excepted. If Tenant fails to remove the Cabinet, the Ground Equipment or any portion thereof within said thirty (30)-day period, Landlord shall have the right, but not the obligation, to have the Ground Equipment, or portion thereof, removed and stored at Tenant’s expense, and/or to dispose of the same without liability to Tenant. 13.2 Removal Costs and Holdover. All costs associated with the removal of the Cabinet, the Ground Equipment and associated equipment and improvements and all costs associated with the restoration of the Property shall be borne by Tenant. Rental costs pro-rated monthly based upon the immediately preceding month will be assessed for the time that the Ground Equipment and all such equipment and improvements are not removed to the Landlord’s reasonable satisfaction. Costs incurred by the Landlord due to Tenant’s non-compliance with the removal provisions of the Lease shall be paid for by Tenant. 13.3 Removal Bond. Before commencement of any construction at the Property, and during the term of this Lease, Tenant shall furnish, pay for, and provide Landlord with a removal bond in the amount of $5,000 to ensure the removal of the Cabinet, the Ground Equipment and the restoration of the Leased Premises, as set forth more particularly in Section 13.1. The bond must be provided by a surety company licensed to issue bonds in the Commonwealth of Massachusetts and satisfactory to the Landlord’s legal counsel. The amount of such bond shall be adjusted at the commencement of each Extension Term to take into account increases in the 29 cost of such removal and/or restoration. The bond shall not be cancelled, materially changed, or reduced without first giving written notice to Landlord and Tenant at least thirty (30) days in advance and obtaining Landlord’s consent. 14. Maintenance; Utilities. 14.1 Maintenance. Tenant shall properly maintain the Cabinet and the Ground Equipment and associated equipment in good order and working condition, keeping the same in continuous full compliance with all Permits and Applicable Laws. Tenant shall maintain the Leased Premises in at least the same condition as such premises were in prior to the installation of the Cabinet, reasonable wear and tear excepted. Any authorized alterations or improvements performed by Tenant shall be at Tenant’s sole cost and expense, shall be in quality at least equal to the existing condition of the Leased Premises, and shall conform to all Applicable Laws. Prior to making any alterations or improvements, Tenant shall submit design plans with appropriate drawings indicating improvements, and obtain Landlord’s consent prior to installation in accordance with Section 4.5. 14.2 No Mechanics Liens. Tenant shall not permit any mechanics’ liens or similar liens to remain upon the Leased Premises for labor and material furnished to Tenant, or claimed to have been furnished to Tenant, in connection with work of any character performed, or claimed to have been performed, at the direction of Tenant, and Tenant shall cause any such lien(s) to be released of record forthwith without cost to the Landlord. 14.3 Utilities. Tenant will be solely responsible for, and shall promptly pay, all charges for electricity, telephone service and any other utility used or consumed by Tenant on the Leased Premise. Landlord will reasonably cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to Tenant, subject to Town Meeting approval, if applicable. In the event that Town Meeting does not approve of an easement necessary to the use and operation of the Ground Equipment, Tenant shall have the right, upon thirty (30) days’ prior written notice, to terminate this Lease, without the payment of the Termination Fee. 15. Default; Remedies. 15.1 Tenant Default. The following will be deemed a default by Tenant and a breach of this Lease: (i) non-payment of Rent and any other payments required by this Lease, and/or the failure to maintain the insurance required hereunder, if such fee or payments remain unpaid or insurance is not obtained within ten (10) days from the date of written notice of such failure from Landlord; (ii) Tenant is declared bankrupt or insolvent according to law, or, if any assignment shall be made of Tenant’s property for the benefit of creditors, or (iii) Tenant’s failure to perform any other term or condition under this Lease within thirty (30) days after receipt of written notice from Landlord specifying the failure, unless Tenant cures such failure within such thirty (30)-day notice period, provided, however, that if the failure cannot reasonably be cured within such thirty (30)-day period and Tenant has promptly commenced, and is diligently pursuing, a cure to Landlord’s reasonable satisfaction, the period of time for Tenant to complete such cure shall be extended to sixty (60) days from the date of Landlord’s notice. If Tenant remains in default 30 beyond such sixty (60)-day period, Landlord may terminate this Lease and exercise any and all rights and remedies available to it under this Lease, and at law and equity. 15.2 Landlord Remedies. In the event of Tenant’s default, Landlord shall have the right, while such default continues, to cure the default at Tenant’s sole cost (and Tenant shall repay Landlord’s actual cost thereof within thirty (30) from written notice from Landlord therefor), re-enter and take complete possession of the Leased Premises, and/or to declare the Term of this Lease ended (in which case Tenant shall pay Landlord the Termination Fee) and remove the Cabinet, the Ground Equipment and Tenant’s other property from the Property if Tenant fails to remove the same in accordance with Section 13, using the removal bond, without prejudice to any remedies which might be otherwise be available to Landlord. 15.3 Reimbursement. Tenant agrees to reimburse Landlord for all costs associated with the enforcement of this Lease, or any and all provisions therein, including but not limited to all reasonable attorneys’ fees and court costs. Without limiting any of the Landlord’s rights and remedies hereunder, and in addition to all other amounts Tenant is otherwise obligated to pay, it is expressly agreed that Landlord shall be entitled to recover from Tenant all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in enforcing this Lease from and after Tenant’s default. 15.4 Landlord Default. The following will be deemed a default by Landlord and a breach of this Lease: if Landlord’s failure to comply with any material term or condition of this Lease that materially and adversely affects Tenant’s ability to use the Leased Premises for the Permitted Uses, provided that (i) Tenant shall give Landlord at least thirty 30) days written notice of said default and (ii) Landlord shall have failed to cure the same within said thirty sixty (30)-day period (or, if the default is such that a cure cannot reasonably be completed, within a reasonable period of time, so long as Landlord commences the cure within said thirty (30)-day period and thereafter pursues it diligently). 15.5 Other Termination. Tenant acknowledges that if the Master Lease terminates for any reason, this Lease shall also terminate, without recourse to Landlord. 15.6 Survival. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 16. Assignment; Sublease. This Lease may be sold, assigned or transferred by Tenant without any approval or consent of the Landlord to Tenant's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets by reason of a merger, acquisition or other business reorganization. This Lease may not be sold, assigned or transferred to any other party without the written consent of the Landlord, which such consent will not be unreasonably delayed or withheld provided that any said transferee has a net worth equal to Tenant’s net worth as of the Commencement Date. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. Notwithstanding anything to the contrary, Tenant shall have no right to sublease or 31 license the Leased Premises or any portion thereof or allow others to use the same without Landlord’s prior written consent, which may be conditioned and/or withheld in its sole and absolute discretion. 17. Notices. All notices, requests, demands and communications in connection with this Lease will be given by certified mail, return receipt requested, all charges prepaid, or by a recognized courier service that provides evidence of delivery, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to Tenant at the addresses set forth above or to such other addresses as Tenant may hereafter give to Landlord in the manner provided by this Section. Notice will be addressed to the Landlord at the addresses set below or to such other addresses as the Landlord may hereafter give to Tenant in the manner provided by this Section: For Landlord: Town of Brewster Brewster Town Hall 2198 Main Street Brewster, MA 02631 Attn: Town Administrator Phone: 508-896-3701 X1100 Email: plombardi@brewster-ma.gov With a copy to: Shirin Everett, Esq. KP Law, P.C. 101 Arch Street, 12th Floor Boston, MA 02110 Phone: 617-654-1731 Email: severett@k-plaw.com For Tenant: 18. Severability. If any term or condition of this Lease is found to be invalid or unenforceable by a court or by a governmental authority of competent jurisdiction, the remaining terms and conditions will remain binding upon the parties as though the unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Lease, then, unless the parties agree to replace such provision, either party may terminate this Lease with thirty (30) days prior written notice to the other party. 19. Condemnation. If a condemning authority takes all of the Leased Premises or such portion that renders Tenant unable to use the Leased Premises for the Permitted Use, Tenant shall have the right to 32 terminate this Lease as of the date the title vests in the condemning authority and recover its relocation costs from the condemning authority. 20. Casualty. (a) Landlord and Tenant will provide notice to one another of any casualty affecting the Leased Premises. If the Ground Equipment or Leased Premises (and/or the Tower) is substantially destroyed by fire or other casualty so as to render the Leased Premises unable to accommodate the Ground Equipment, Tenant may terminate this Lease by providing written notice to Landlord, without recourse. If only a portion of the Leased Premises is damaged, the Lease shall continue, but payment of Base Rent shall abate proportionately only if and only for so long as the casualty materially and adversely affects the operation of the Ground Equipment or use of the Tower, provided that Tenant promptly and diligently repairs and restores the Ground Equipment or Leased Premises to as near its former condition as soon as possible, which Tenant agrees shall occur no later than sixty (60) days from the date of said casualty. If the damage to the Leased Premises and/or the Ground Equipment is such that it cannot reasonably be restored within said sixty (60) day period, Tenant may terminate this Lease by giving Landlord thirty (30) days’ written notice. 20. Miscellaneous. 20.1 Amendment/Waiver. This Lease cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and authorized agent of Tenant. No provision may be waived except in a writing signed by both parties. 20.2 Short Form Lease. Either party will, at any time upon thirty (30) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable “Memorandum of Lease,” but under no circumstances shall either party be required to execute, acknowledge and deliver to the other a Memorandum of Lease that in any way conflicts, or is inconsistent, with this Lease or the rights of either party under this Lease. In the event of any inconsistency or conflict between the terms of this Lease or any Memorandum of Lease executed by the parties, the terms of this Lease shall control. 20.3 Bind and Benefit. The terms and conditions contained in this Lease are for the benefit of the parties, and their permitted successors and assigns, and for no other person or entity. 20.4 Entire Lease. This Lease and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties concerning Tenant’s use and occupancy of the Leased Premises, and will supersede all prior offers, negotiations and agreements. 20.5 Governing Law. This Lease will be governed by the laws of the Commonwealth of Massachusetts without regard to conflicts of law. Any disputes arising out of this Lease shall be brought, if at all, in the courts of the Commonwealth of Massachusetts, to whose jurisdiction the parties hereby assent. 33 20.6 Attorneys’ Fees and Costs. The prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs. 20.7 Survival. Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or expiration of this Lease will so survive. 20.8 No Presumptions Regarding Preparation of Lease. The parties acknowledge and agree that each of the parties has been represented by counsel or has had full opportunity to consult with counsel and that each of the parties has participated in the negotiation and drafting of this Lease. Accordingly, it is the intention and agreement of the parties that the language, terms and conditions of this Lease are not to be construed in any way against or in favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in connection with the preparation of this Lease. 20.9 No Indirect/Consequential Damages. The Town shall have no liability to Tenant for any interruption of Tenant business due to casualty or any other reason. In no event shall the either party incur liability hereunder with respect to indirect or consequential damages incurred by the other due to any act or omission by the breaching party. 20.10 Exhibits. All Exhibits referred to herein are incorporated herein. 20.11 Recitals. The recitals to this Lease are incorporated herein by reference. 819515/BREW/0129 [signature page follows] 34 IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives on the dates set forth below and acknowledge that this Lease Agreement is effective as of the date first above written. TOWN OF BREWSTER, By its Select Board TENANT: Date: By: Name: Title: By: Name: Title: Date: 819515/BREW/0129 35 EXHIBIT A Equipment Plan 36 EXHIBIT B Premises Plan 37 EXHIBIT C ______________________________________________________________________________ MEMORANDUM AND NOTICE OF LEASE AGREEMENT This Memorandum and Notice of Lease Agreement is entered into on this ____ day of ____________________, 2022, by and between the Town of Brewster, a Massachusetts municipal corporation, with an office at 2198 Main Street, Brewster, MA 02631 (hereinafter referred to as "the Town"), and _____________________, a _________________ company, with an office at _____________________________ (hereinafter referred to as "Tenant"). 1. The Town and Tenant entered into a Lease Agreement (the "Agreement") on ____________________, 2022, for the purpose of installing, operating and maintaining a cabinet with telecommunications equipment a portion of the certain real property located at 1657 Main Street, Brewster, and described more particularly in the instrument recorded with the Barnstable Registry of Deeds (the “Registry”) in Book _____, Page ____ (the “ Property”). The potion leased to Tenant is shown on the sketch plan attached hereto as Exhibit A and incorporated herein (the “Premises”). 2. The term of the Agreement is for ten (10) years commencing on ____________________, 2022 ("Commencement Date") and terminating on _____________________________, 2032, with Tenant having the right to extend the term of the Agreement for two (2) successive periods of five (5) years each, for a total term of twenty (20) years. Prepared by: recording requested by and return to: IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LANDLORD: TENANT: TOWN OF BREWSTER, By its Select Board Date: By: Name: Title: Date: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of _______________________, 2022, before me, the Notary Public, personally appeared ____________________________________, member of the Select Board of the Town of Brewster, as aforesaid, proved to me on the basis of satisfactory evidence of identification, which was __________________________________, to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same voluntarily on behalf of the Town of Brewster. _____________________________________ Official Signature and Seal of Notary My commission expires: STATE OF _________________________________ COUNTY OF On this ______ day of ________________, 2022, before me, the undersigned Notary Public, personally appeared ___________________, proved to me on the basis of satisfactory evidence of identification, which were _____________________, to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they signed it voluntarily for its stated purpose as _____________________ of _________________________. _____________________________________ Official Signature and Seal of Notary My commission expires: 819515/BREW/0129 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Donna Kalinick, Assistant Town Administrator & Conor Kenny, Project Manager RE: Main Street Cell Tower Leases DATE: November 4, 2022 The Fire Station complex houses a cell tower with cabinet space where the Town has a master lease with Crown Castle. T-Mobile occupies a cabinet space in the complex as a sublessee of Crown Castle, with this lease set to expire in 2034. In addition to T-Mobile’s space, there are two other cabinet spaces currently available as subleases. One of the spaces is currently occupied by AT&T with an expiring lease and the other is vacant. The Town put out an RFP for the two cabinet spaces and received two proposals; one from AT&T and the other from Dish Wireless. The RFP form and leases were reviewed by Town Counsel. Conor Kenny, Project Manager, has assumed oversight of town-wide cell tower sites and has worked with the vendors to make sure all of our information and payments are up to date. AT&T already has their equipment on the site. Dish Wireless will have to install their equipment. The master lease holder, Crown Castle, has requested consent to install equipment for Dish Wireless. The Board can vote to sign this document with the following conditions: Dish must submit a schedule for construction, provide the Town with a removal bond in the amount of $5,000 and obtain all required permits prior to any installation work starting. Office of: Select Board Town Administrator September 1, 2022 Town of Brewster BREWSTER, MASSACHUSETTS 02631-1898 (508) 896-3701 FAX (508) 896-8089 Dish Wireless LLC 603 West Street Mansfield MA 02048 Dear Mr. McGovern, OFFICE OF: SELECT BOARD TOWN ADMINISTRATOR The Town of Brewster issued an RFP for Lease of Ground Space for Telecommunications Equipment Shelters at 1657 Main Street on July 22, 2022. The Town accepts your proposal to lease Space #2, 220 square feet with an annual rent of $12,000 with a 3% annual escalator. You are responsible for the negotiation of a sub -lease with Crown Castle of which the Town is entitled to 40% of the co -location fee. The RFP included the lease form that is expected to be executed between the parties. If you are requesting any changes to the lease, please submit those to us in writing within 10 days of receipt of this notification. Any changes must be reviewed by the Town's legal counsel. You are also required to submit the first year's rent upon execution of the lease. The Town requires a removal bond in the amount of $5,000 and a certificate of insurance prior to any construction activities taking place. You are responsible for all building and other permits required for construction. The lease must be executed at a public meeting of the Brewster Select Board. Please feel free to contact me at da1inick@brewster-ma.gov or 508-896-3701 X1130 with any questions. Sincerely, Donna J. Kalinick Assistant Town Administrator Procurement Officer CC: Shirin Everett, KP Law 000110/0# o October 3, 2022 Dish Wireless LLC 603 West Street Mansfield MA 02048 Dear Mr. McGovern, Town of Brewster BREWSTER, MASSACHUSETTS 02631-1898 (508) 896-3701 FAX (508) 896-8089 OFFICE OF: SELECT BOARD TOWN ADMINISTRATOR The Town of Brewster issued an RFP for Lease of Ground Space for Telecommunications Equipment Shelters at 1657 Main Street on July 22, 2022. The Town notified you of acceptance of your proposal on September 1St. The RFP states that a lease will be executed by the parties within 30 days of notice. As the parties have acted in good faith to agree to the final terms of the lease, the parties agree to extend the time for execution of the lease for another 45 days. Per the terms of the lease, the proposal is good for 120 days or until the lease is executed. The parties expect to execute the lease at a Select Board meeting on October 17th or November 7, 2022. The lease must be executed at a public meeting of the Brewster Select Board. Please feel free to contact me at dkalinick c c brewster-ma.gov or 508-896-3701 X1130 with any questions. Sincerely, la/uLe_._ 4<aA0 Donna J. Kalinick Assistant Town Administrator Procurement Officer on beh Dish Wireless, LLC 17 TOWN OF BREWSTER REQUEST FOR PROPOSALS 1657 MAIN STREET SITE LEASE SITE LEASE AGREEMENT This Site Lease Agreement (this “Lease”) is entered into as of this 7th day of November 2022, by and between the Town of Brewster (the “Town”), acting by and through its Select Board, having an address of Brewster Town Hall, 2198 Main Street, Brewster, Massachusetts 02631, and DISH Wireless L.L.C. (“Tenant”), a Colorado limited liability company, having an address at 9601 S. Meridian Blvd., Englewood, Colorado 80112. Recitals Whereas, the Town owns certain real property located at 1657 Main Street, Brewster, shown on Assessors Map 56 as Parcel 6 (the “Property”); Whereas, the Town issued entered into a Lease Agreement dated August 22, 1996 (the “Master Lease”) with Cape and Islands Cellular Co., Inc., which is now leased by Crown Castle (the “Current Tenant”), pursuant to which a cell tower has been installed on the Property (the “Tower”); Whereas, pursuant to the Master Lease, the Current Tenant is permitted to sublease collocation space on the Tower to other telecommunications providers, on the condition that the Tenant pay 60% of a collocation fee to the Current Tenant, and 40% of such fee directly to the Town; Whereas, since the Master Lease does not provide the Current Tenant with sufficient space on the Property for the siting of equipment cabinets or sheds and related utilities, and collocators must lease equipment space at the base of or near the Tower from the Town; Whereas, the Town issued a Request for Proposal dated July 22, 2022, soliciting proposals from telecommunications providers for the lease of ground space near the Tower, contingent on the successful proposer successfully negotiating a lease directly with the Current Tenant for antennas space on the Tower; Whereas, Tenant submitted a proposal, seeking to lease land near the Tower; Whereas, the Town has selected Tenant as the successful proposer, contingent on the Tenant entering into a lease with the Current Tenant, on the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the Town and Tenant agree as follows: 18 Agreement 1. Lease of Premises. 1.1 The Premises. The Town hereby leases to Tenant exclusively, and Tenant hereby leases from the Town, the parcel of land containing 220 square feet, more or less, on the ground at the base or near the Tower and shown as the “Premises Plan” attached to herein as Exhibit A and incorporated herein (the “Leased Premises”), for purpose of constructing, installing, equipping, maintaining, operating, repairing, and replacing an equipment cabinet or shelter (the “Cabinet”) to house Tenant’s telecommunications equipment, which may include radio transmitting and receiving equipment, conduits, wires, batteries, back-up generators, utility lines and facilities, supporting structures, telephone facilities, microwave equipment, and related equipment (the “Ground Equipment”), together with the right to install connections between the Cabinets and the Ground Equipment housed therein to Tenant’s antennas and other telecommunications equipment installed on the Tower pursuant to a lease with the Current Tenant (the “Antenna Equipment”). The Premises are leased together with the non-exclusive right to use connecting rights-of-way, access roads and easements thereto for vehicular ingress to the Leased Premises and egress out to public ways. 1.2 Condition of Leased Premises. Tenant understands and agrees that the Leased Premises are being leased in their present condition, “as is,” and Tenant further agrees that it has had an opportunity to examine and inspect the Leased Premises and the Property, and has determined that the Property and Leased Premises are suitable and adequate for Tenant’s intended purpose. Tenant acknowledges that Landlord has made no representations or warranties of any kind with respect thereto, and that Landlord shall have no obligation to maintain, do any work on, or make any improvements to or provide utilities to the Property, including the Leased Premises. Landlord shall have no obligation to remove snow or ice from the Property, including the Leased Premises. 1.3 Permitted Uses. Tenant shall use the Leased Premises solely for the provision of wireless telecommunications services (the “Permitted Use”). There shall be no services, equipment or storage at the Leased Premises other than what is necessary to provide such wireless communication services. Subject to the provisions of Section 4 and other Lease terms, Tenant may install, place, alter, upgrade, repair, replace and maintain the Ground Equipment, provided, however, that Tenant shall have no right to expand or relocate the Leased Premises. 2. Access to Leased Premises. 2.1 Normal Business Hours. Tenant’s Ground Equipment is to be located within the existing fenced-in area of the Property that includes the Tower. Except during an emergency, as provided below, Tenant may access the Leased Premises at any time of day after giving Landlord at least twenty-four (24) hours advance verbal or written notice of the date and time of the proposed access to Landlord’s representative (given to Peter Lombardi, Town Administration at 508-896-3701 X1100 [phone number]), unless otherwise advised in writing by Landlord, and Tenant shall accompanied by an authorized representative of the Landlord. Tenant may access the Leased Premises only during normal business hours, which are defined as 8:30 am to 4:30 pm Monday through Friday, by 19 giving Landlord at least one (1) business days prior notice thereof, which may be oral notice (given to Peter Lombardi, Town Administration at townadmin@brewster-ma.gov [email]; 508-896-3701 X1100[phone]). 2.2 Emergency Access. In the event of an emergency, Tenant may immediately access the Leased Premises at any time, including during hours other than normal business hours, so long as Tenant provides in-person prior notice to Landlord’s Fire Chief or, if Landlord’s Fire Chief is unavailable, the next highest-ranking fire official on duty at the Brewster Fire Department located at 1671 Main Street, Brewster, MA 02631. In addition, Tenant agrees to pay all reasonable costs incurred by the Landlord to facilitate Tenant’s emergency access to the Leased Premises, if any. All costs incurred by the Landlord in connection with providing emergency access shall be paid by Tenant within thirty (30) days after receipt of an invoice for such charges. 2.3 Landlord’s Access to Leased Premises. Tenant acknowledges that Landlord can access the Leased Premises at any time and for any purpose, provided that Landlord does not interfere unreasonably with the rights granted to Tenant hereunder. 3. Diligence Period; Contingencies. 3.1 Contingencies. Landlord acknowledges that Tenant’s obligations under this Lease are contingent on (a) Tenant obtaining, at its sole cost and expense, any and all federal, state, or local permits, approvals, certificates and/or authorizations necessary for the installation and operation of the Ground Equipment and the use of the Leased Premises for the Permitted Uses (collectively, the “Permits”); (b) Tenant entering into a suitable lease agreement with the Current Tenant for the installation of the Antenna Equipment on the Tower (the “Antenna Lease”); and (c) on Tenant being satisfied with the title to and condition of the Leased Premises and the suitability of the Leased Premises for the Permitted Uses. Tenant agrees to use good faith and diligent efforts to obtain the Permits and to inspect the Leased Premises to determine their use for the Permitted Uses. 3.2 Due Diligence Period. Tenant shall have the right at any time following the full execution of this Lease and prior to the Commencement Date (the “Due Diligence Period”), to enter the Leased Premises during normal business hours, as set forth in Section 2(a), upon giving Landlord at least two (2) business days’ prior notice thereof, for the purpose of making necessary inspections, taking measurements and conducting engineering surveys (and soil tests where applicable) and other reasonably necessary tests to determine the suitability of the Leased Premises for the Ground Equipment. 3.3 No Subsurface Tests. Notwithstanding the foregoing, Tenant shall not conduct any subsurface tests until a Phase I Assessment concludes that a recognized environmental condition (as such term is defined in ASTM Standard E1527–05) exists and/or recommends a so- called Phase II Property Assessment be conducted for the Leased Premises and Tenant obtains Landlord’s consent, which may not be unreasonably withheld if Tenant has submitted a written 20 scope of work to Landlord detailing the work to be done and the portion of the Leased Premises to be affected by such work and containing such other information as Landlord shall reasonably request. 3.4 Pre-requisites to Access. Before Tenant enters the Property for any purpose, Tenant shall obtain insurance which covers such activities as set forth in Section 7, Insurance, and provide certificates of insurance to Landlord evidencing compliance with Section 7. Tenant will notify Landlord of any proposed tests, measurements or pre-construction work and will coordinate the scheduling of such activities with Landlord. Landlord or its designees shall have the right to accompany Tenant during the performance of Tenant’s Due Diligence. Tenant will defend, indemnify, and hold harmless Landlord against all costs (including reasonable attorneys’ fees), claims, damages and liabilities arising as a result of the actions, omissions, negligence or willful misconduct of Tenant or its agents, employees, representatives, contractors and invitees (with Landlord, the “Landlord Parties”) and/or from Tenant’s exercise of the rights granted herein. 3.5 Termination Rights. If, in the course of its diligence, Tenant determines that the Leased Premises are unsuitable for Tenant contemplated use or Tenant is unable to obtain the Permits or the Antenna Lease on terms reasonably acceptable to Tenant, Tenant shall have the right to terminate this Lease prior to the Commencement Date by delivery of written notice thereof to Landlord, without the payment of a Termination Fee. If Tenant fails to object to the title to or condition of the Leased Premises, or fails to give written notice to Landlord of its inability to obtain the Permits or the Antenna Lease, prior to the Commencement Date, Tenant shall thereafter have no right to terminate the Lease for the condition of or the title to the Leased Premises and/or the Property as the same exist as of the expiration of the Due Diligence Period, or for the failure to obtain the Permits or the Antenna Lease 4. GROUND EQUIPMENT. 4.1 Installation of Ground Equipment. The Ground Equipment and any other equipment to be installed on the Leased Premises by Tenant are shown on the Equipment Plans attached to herein as Exhibit B and incorporated herein. Landlord and Tenant agree that the Equipment Plans do not limit Tenant’s rights under this Lease to improve, modify, replace, upgrade or remove the Ground Equipment or any part thereof during the Term of this Lease, provided, however, that notwithstanding anything in this Lease to the contrary, Tenant may not install additional ground cabinets or sheds, or any other equipment that is not shown on the Equipment Plans without Landlord’s prior written consent, which may be conditioned on Landlord receiving additional Base Rent. Tenant may perform construction, alterations, upgrades, maintenance, repairs, additions to, and replacement of the Ground Equipment as necessary and appropriate for its ongoing business, all in accordance with this Lease. 4.2 Construction Standards. The installation, construction, erection, alteration, maintenance, repair and/or replacement of the Ground Equipment and any component thereof, and all improvements and other activities at the Leased Premises, shall be undertaken in strict accordance with (i) this Lease, (ii) the Permits, (iii) all applicable local, state and federal laws, by-laws, rules, statutes, codes, regulations, local standards, and approvals for the installation, operation and maintenance of the Ground Equipment, and/or the use of the Leased Premises for 21 the Permitted Uses (“Applicable Laws”). 4.3 Construction Costs. Tenant shall pay all costs and expenses incurred in connection with the construction, maintenance, repair and operation of the Ground Equipment and all related improvements at the Leased Premises, including utility connections, and the cost of electricity and other utilities Tenant consumes in its construction, maintenance and operational activities at the rate charged by the servicing utility company, for which Tenant will make payments directly to said company. 4.4 Electric Service. Tenant shall include in its design plans and specifications the equipment intended to provide electric service to the Ground Equipment, including auxiliary power if necessary for the installation of the Ground Equipment. Tenant shall negotiate with the applicable utility/power company the means for providing electric service. The design plans and specifications for electric service must be submitted to the Landlord for review and approval in accordance with Section 4.5. Tenant shall pay the cost of obtaining and maintaining electric service to the Leased Premises. If permitted by the power company, Tenant shall have a separate power meter installed for its electric service and Tenant shall pay all costs related to electric service directly to the utility company. 4.5 Submittal of the Plans for Approval. Prior to undertaking the installation, erection and construction of the Ground Equipment, any other improvements at the Leased Premises permitted under this Lease, and any Changes (defined below) except for the equipment inside its Cabinet), Tenant shall submit to Landlord electronic and written copies of the construction plans and specifications, shop drawings, structural calculations, equipment specifications, construction schedule and such other information as Landlord may reasonably request to make an informed decision on the request (the “Plans”) for review and approval (or rejection) by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve, reject or request additional information on the Plans within thirty (30) days of its receipt of all the required and requested Plans or the Plans are deemed approved. All reasonable and customary costs associated with Landlord’s review and/or approval of the Plans and reasonable and customary costs associated with inspection of the work shall be borne by Tenant, which shall pay the same within thirty (30) days of the presentment of invoices. Any post-approval changes to the Plan shall be subject to approval by the Landlord prior to implementation. Notwithstanding anything to the contrary in this Lease, the review of Plans by Landlord noted above is in addition to, and not a limitation of, any regulatory (or other) approval process required by any governmental body, including, but not limited to, the Town of Brewster Zoning Board of Appeals and/or the Conservation Commission; and, further, any agreement by Landlord in this Lease not to interfere with, or to cooperate with, Tenant in connection with this Lease is not intended to relieve, and shall not relieve, Tenant of any obligation to comply with any such process. 4.6 Approval of Changes. Subject to the prior approval of the Landlord in accordance with Section 4.5, Tenant may increase the dimensions of the Cabinets or make any other alterations to the Leased Premises (the “Changes”) from time to time during the term of this Lease, provided that in no event shall Tenant relocate, increase, or change the dimensions of the 22 Leased Premises. All Changes must be approved in advance by the Landlord in accordance with Section 4.5, and must also comply strictly with the Permits and the Applicable Laws. However, any changes of equipment inside Tenant’s Cabinet shall not require the approval of Landlord under Section 4.5, but Tenant shall nonetheless give advance written notice to Landlord of such change describing the intended exchange in reasonable detail so that Landlord may understand and observe (or object to) any such change. 5. Term. 5.1 Commencement of Initial Term. The “Initial Term” of this Lease shall be for a period of ten (10) years beginning on the earlier to occur of; (i) the first day of the month following Tenant’s receipt a building permit for the installation of the Ground Equipment, or (ii) six (6) months from the Effective Date (the “Commencement Date”), and expiring at midnight on the tenth (10th) anniversary of the Commencement Date (or such later date as provided in Section 5(b) below, the “Expiration Date”), unless sooner terminated as provided in this Lease. Notwithstanding the foregoing, all of other terms of this Lease shall become effective on the Effective Date. 5.2 Extension of Initial Term. Unless Tenant is in default of this Lease beyond applicable cure periods, Tenant shall have the option to extend the term of this Lease for two (2) additional (successive) five-year terms (each, an “Extension Term”), for a total maximum term of twenty (20) years. Tenant shall be deemed to have decided to extend the term of the Lease for an additional Extension Term unless it has notified Landlord, in writing at least six (6) months prior to the expiration of the then-current term, that Tenant has decided not to renew the Lease. Nothing herein shall affect Landlord’s or Tenant’s ability to terminate this Lease prior to the Expiration Date in accordance with the terms of this Lease. The Initial Term, and any and all exercised Extension Term(s), are referred to as the “Term.” 5.3 Holdover. If Tenant’s equipment remains at the Property and on the Tower after the termination or expiration of this Lease, and the Landlord and Tenant are not actively negotiating entering in to a new lease agreement (assuming Landlord has issued a RFP to lease the Premises and Tenant has been selected as the successful proposer in writing), Tenant will be deemed to be occupying the Property and Tower on a month-to-month basis, provided that Tenant pays Landlord Base Rent in the amount of 150% over the amount Tenant paid under the terms of this Lease and subject to the terms and conditions of this Lease (not including any extensions or renewals), and Landlord may exercise any and all rights and remedies available to it as a result of such occupation, including, but not limited to, invoking Landlord’s rights under the bonds provided herein. 6. Lease Payments. 6.1 Base Rent. Starting on the Commencement Date, Tenant will pay the Landlord an annual lease payment of Twelve Thousand Dollars $12,000.00, for the 1st Lease Year, which sum shall increase every year over the prior year’s rent by three percent (3 %) (the “Base Rent”). 23 6.2 Payment of Base Rent: Base Rent shall be paid in equal monthly installments, in advance, by the first day of each month during the Lease Term, and shall be paid by check made payable to the Landlord (Town of Brewster) and mailed or hand-delivered to Landlord at the address set forth above, or to such other address as Landlord may from time to time notify Tenant in writing. 6.3 Additional Rent. Commencing on the Effective Date, and upon receipt of the assessing authorities notice or statement, Tenant agrees to pay, as “Additional Rent,” any real estate taxes, levies, betterments or assessments, fees or charges that are assessed or charged during the Term of this Lease that are directly attributable to the Tenant’s Ground Equipment on the Property or Tenant’s use of the Leased Premises, directly to the assessing authority. The Base Rent and the Additional Rent are referred to, collectively, as “Rent.” Notwithstanding the foregoing, Tenant shall have the right in its own name to contest the validity or amount, in whole or in part, of such taxes, levies, betterments or assessments, fees or charges by appropriate proceedings timely instituted. In addition to any other rights and remedies available to Landlord, Tenant shall defend, indemnify and hold harmless Landlord from any costs and expenses related to any such contest, and Lessee shall promptly pay any valid final adjudication enforcing any such imposition. The obligations of this section shall survive the expiration or termination of this Lease. 6.4 Collocation Payments. In addition to the Rent to be paid under this Lease, Tenant shall pay Landlord forty percent (40%) of the collocation fee that is due under the lease agreement between Tenant and the Current Tenant. 6.5 Interest. All payments becoming due under this Lease and not paid when due shall bear interest from the applicable due date until received by Landlord at an annual rate equal to the prime rate of interest charged from time to time by Bank of America or its successor or similar entity, plus two percent (2%). 7. Insurance. 7.1 Required Insurance. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) Commercial general liability with a minimum coverage amount of One Million and 00/100 Dollars ($1,000,000) per occurrence and Two Million and 00/100 Dollars ($2,000,000) aggregate limit. The policy shall include coverage for products and completed operations liability and, coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. (ii) All risk property insurance for replacement of Tenant’s property. Said insurance shall include coverage for all natural disasters, including earthquakes, hurricanes, tornadoes and floods. 24 (iii) Automobile liability insurance for owned automobiles and trucks, non-owned automobiles and trucks, and/or rented automobiles and trucks, in the amount of (i) One Million and no/100 Dollars ($1,000,000) combined single limit for bodily injury (including death) and property damage per occurrence. (iv) Worker's Compensation in the minimum amount of statutory limit. (v) Excess liability in the minimum amount of Three Million Dollars ($3,000,000) in umbrella form over all other insurance required by the Agreement. 7.2 General Requirements. The following conditions shall apply to the insurance policies required herein: (i) All insurance shall commence on the Commencement Date. Tenant shall not enter the Leased Premises until such insurance has been obtained and Tenant has provided Landlord with a copy of a certificate of insurance evidencing the coverages required hereunder and including the Town of Brewster as an additional insured (except on workers compensation insurance) and meeting the other requirements set forth herein. (ii) All insurance of Tenant shall be primary with respect to any insurance maintained by Landlord with respect to claims resulting from the Tenant’s negligence and shall not call on Landlord’s insurance for contributions. (iii) All insurance shall be issued through valid and enforceable policies issued by insurers authorized to transact insurance business in the Commonwealth of Massachusetts and having an A- or better financial rating from a recognized insurance accreditation institution (such as A.M. Best Company). (iv) All insurance policies and certificates shall include a provision requiring thirty (30) days’ written notice to Landlord of cancellation (fourteen (14) days’ written notice for non-payment of premium). On each anniversary of the Commencement Date, and at Landlord’s reasonable request (upon thirty (30) days’ prior written notice), Tenant shall provide Landlord with a certificate evidencing the coverages required hereunder, and such certificates shall be delivered to Landlord’s email address on file. Should Tenant fail to provide said certificate to Landlord on an anniversary of the Commencement Date, Tenant shall provide same within fourteen (14) days’ of Landlord’s written notice requesting said certificate. (v) Tenant’s failure to obtain, procure or maintain the required insurance shall constitute a material breach of this Lease and Landlord may in its sole discretion take immediate and unilateral action to suspend the rights of Tenant to operate pursuant to this Lease until said breach is corrected. (vi) Tenant agrees that beginning on the fifth (5th) anniversary of the Commencement Date and every fifth (5th) year anniversary thereafter, and upon Landlord’s reasonable request, Tenant shall increase the limits of any of the above-mentioned insurance so as to be comparable to insurance generally 25 maintained in the communications industry at the time in question for similar properties in Massachusetts. (vii) Tenant shall require its contractors and sub-contractors to carry such worker’s compensation and general liability insurance as set forth above. 8. Interference. 8.1 Existing and Future Users. Tenant is prohibited from interfering with the communications providers, carriers and/or radio frequency users who entered a lease or a license with Landlord to use the Property prior to the execution of this Lease (the “Existing Users”). Upon request of Tenant, Landlord will provide Tenant with a list of the Existing Users and their frequencies, to allow Tenant to evaluate whether Tenant will interfere with such users. Tenant represents and warrants that the Ground Equipment, and Tenant’s use of the Ground Equipment, and/or Tenant’s use of the Tower will not cause “measurable interference” with any Existing Users and others locating on the Property after the date of this Lease. If Tenant’s equipment causes measurable interference, or if Tenant’s use of the Leased Premises, including the Tower, unreasonably interferes with the use of the Property and/or the Tower by others entitled thereto, Tenant shall correct and eliminate such interference within two (2) days of written notification from Landlord. 9. Indemnification, Release. 9.1 Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, and its officers, employees, agents and representatives (collectively, with Landlord, the “Landlord Parties”), from and against any and all claims, suits, action, legal or administrative proceedings, damages, liabilities, injury, loss, costs or expenses (including reasonable attorneys' fees, consultants fees and court costs) (i) arising from the failure of Tenant or Tenant’s contractors, agents, employees, representatives, licensees, invitees and/or or anyone claiming by or through Tenant (collectively, with Tenant, the “Tenant Parties”) to comply with the terms of this Lease or with any Applicable Laws or lawful direction now or hereafter in force of any public authority; (ii) arising due to or caused by any act, omission, or negligence, or intentional misconduct on the part of any of the Tenant Parties; and (iii) the Ground Equipment and/or any parts thereof. However, Tenant shall not be obligated to indemnify Landlord to the extent such claim, expense, or liability is caused by the negligence or willful misconduct of any of the Landlord Parties. This obligation is in addition to, and not a limitation of, any other right or remedy available to the Landlord under this Lease and at law. 9.2 Release. To the maximum extent permissible by law, Tenant agrees to use and occupy the Property at Tenant’s own risk, and Landlord shall have no responsibility or liability for any injury, loss or damage to any of the Tenant Parties or to their personal property unless caused by the negligence or willful misconduct of any of the Landlord Parties. In the event such injury, loss or damage occurs on account of the negligence or willful misconduct of the Landlord Parties, Tenant shall be entitled to any and all remedies available at law. 9.3 Survival. Notwithstanding anything to the contrary in the Lease, the indemnification obligation of this Section shall survive the expiration or termination of this Lease. 26 10. Representations and Warranties. 10.1 Authority. Tenant and Landlord each represent and warrant that it has the authority to enter into this Lease. 10.2 Quiet Enjoyment. Landlord represents that, so long as Tenant is in not in default of this Lease, it shall provide Tenant with quiet, peaceful use, enjoyment and possession of the Leased Premises during the term as herein contemplated, subject however to all the terms and provisions hereof. 10.3 Compliance. Tenant represents and warrants that it will abide by the provisions of this Lease, and shall maintain the Leased Premises in good and satisfactory condition. 11. Environmental. 11.1 Environmental Laws. Tenant agrees to comply with all Applicable Laws, including, without limitation, any and all federal, state, county, local or municipal laws, statutes, codes, ordinances, treaties, rules, orders, regulations, decrees, requirements, policies, guidelines or directives of any federal, state or local government, and any other governmental body, and any political subdivision thereof, and any government, judicial, public, legislative or statutory instrumentality, tribunal, agency, authority, body or entity having legal jurisdiction over the matter or person in question (a “Governmental Authority”) regulating, relating to or imposing liability or standards of conduct concerning the protection of or discharge of materials into the environment, including without limitation, Hazardous Materials, as now or may at any time hereafter be in effect, including without limitation Massachusetts General Laws, chapter 21E; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §1801, et seq. (collectively, the “Environmental Laws”). “Hazardous Materials” means any oil, hazardous, toxic or radioactive materials, substances or waste, as defined in federal, state, or local law regulating or addressing the generation, storage, use, or transportation of such materials, including, but not limited to, the Environmental Laws. Notwithstanding the foregoing, Tenant may use petroleum products and related substances incidental to the operation of motorized equipment and vehicles whose operation on the Leased Premises is contemplated by this Lease, back-up power batteries (lead- acid batteries) and small amounts of common materials used in telecommunications operations (e.g., cleaning solvents) and fuel for any generator which may be required by Tenant for temporary power of its Ground Equipment, provided the same are used in compliance with applicable Environmental Laws. Tenant will use all Hazardous Materials brought onto the property by it in accordance with all applicable federal, state and local laws and regulations. 11.2 Compliance. Tenant agrees that neither Tenant nor any of the other Tenant Parties will use, generate, bring upon, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any of the Environmental Laws. Tenant shall make all reasonable efforts to inform Landlord in writing of any Hazardous Materials to be used (batteries, generator coolant and generator oil), present or brought upon the Property as allowed under Section 11.1, and shall provide updates if any of the information changes during the Term of this Lease. 11.3 Indemnification. Subject to the exceptions contained in Section 11.4, Tenant shall 27 defend, indemnify, and hold harmless Landlord and the other Landlord Parties from any and all liabilities and costs (including any and all sums paid for settlement of claims, litigation, expenses, reasonable attorneys’ fees, consultant and expert fees) of whatever kind or nature, resulting from the failure of any of the Tenant Parties to comply with any of the Environmental Laws and/or any Hazardous Materials on or about the Leased Premises or the remaining Property which are in any way caused by or related to the acts or omission of any of the Tenant Parties. Tenant shall assume, at its sole cost and expense, any and all duties, responsibilities, and liabilities related to the investigation, clean up, and monitoring of Hazardous Materials, and pay all costs, losses, damages, penalties, sanctions, forfeitures and/or fines arising or related to non- compliance with Environmental Laws to the extent caused by the actions, omissions, negligence or willful misconduct of Tenant or any of the other Tenant Parties on or about the Leased Premises or the remaining Property. Landlord reserves the right to inspect the Leased Premises for purposes of verifying compliance with these Hazardous Materials requirements and to take such measures as may be necessary or convenient to undertake any remediation if Tenant fails to undertake the same. Nothing herein shall waive or impair any other rights and remedies available to Landlord for Tenant’s failure to comply with the provisions of this Section. 11.4 Landlord Hazardous Activities. Notwithstanding the provisions of Section 11.3, Tenant shall have no obligation indemnify Landlord for costs, expenses, clean-up costs, penalties and fines to the extent caused by (i) the failure by Landlord or any of the other Landlord Parties to comply with any of the Environmental Laws, (ii) Hazardous Materials that are brought on to the Property by other Landlord tenants, and (iii) Hazardous Materials that are present on the Leased Premises prior to the date this Lease was executed, except to the extent the Tenant Parties caused or exacerbated the same (the “Landlord Hazardous Activities”). Notwithstanding anything herein to the contrary, in no event shall Landlord be responsible or liable to Tenant for the Landlord Hazardous Activities, it being agreed that in the event that the Landlord Hazardous Activities materially and adversely affect Tenant’s ability to use the Leased Premises for the Permitted Uses, Tenant’s sole and exclusive remedy therefor at law and in equity shall be terminate this Lease Agreement, without penalty. 11.5 Costs. The indemnifications and/or covenants of this Section specifically include reasonable costs, expenses and fees incurred in connection with any investigation of property conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority. 11.6 Survival. The provisions of this Section will survive the expiration or termination of this Lease. 12. Termination. 12.1 Termination by Tenant. This Lease may be terminated by Tenant as follows: (i) prior to the Commencement Date, if Tenant notifies Landlord in writing that Tenant is unable, through no fault of its own, to obtain any Permits or the Antenna Lease; (ii) upon ninety (90) days written notice, for any reason, so long as Tenant pays Landlord a termination fee equal to one (1) years’ Rent at the then-current rent rate as liquidated damages (the “Termination Fee”); (iii) immediately, if any Permit issued to Tenant is canceled, expires, lapses or is otherwise withdrawn or terminated through no fault of Tenant or Tenant’s failure to exercise good faith efforts to obtain or retain any Permit, without the payment of the Termination Fee; (iv) 28 immediately, upon the expiration or termination of the Antenna Lease, without the payment of the Termination Fee; (v) immediately, if Tenant is unable to enter into the Antenna Lease, without the payment of the Termination Fee, provided Tenant exercises such termination rights within three (3) months from the date of this Lease; (vi) immediately, if Tenant determines that Landlord does not own the Leased Premises or have the authority to enter into this Lease, without the payment of the Termination Fee; or (vii) if Landlord fails to comply with this Lease, after the expiration of any cure period set forth in Section 15, without payment of the Termination Fee. Any prepaid Base Rent shall be adjusted as of the date of the termination of this Lease. The provisions of this Section shall survive the termination of this Lease. 12.2 Termination by Landlord. This Lease may be terminated by Landlord if (a) Tenant does not comply with the terms of this Lease, after the expiration of any cure period set forth in Section 15, or (b) the Master Lease is terminated, whether by Landlord or by the Current Tenant, without recourse. 13. Removal of Ground Equipment. 13.1 Removal of Ground Equipment. The Cabinet and all portions of the Ground Equipment and other equipment brought onto the Leased Premises by Tenant will be and remain Tenant’s personal property and, at Tenant’s option, may be removed by Tenant at any time during the Lease term. Tenant covenants and agrees that no part of the Ground Equipment installed, constructed, erected or placed on the Leased Premises by Tenant will become, or be considered as being affixed to or a part of, the Leased Premises, it being the specific intention of the Landlord that the improvements installed, constructed, erected or placed by Tenant on the Leased Premises will be, and remain, property of Tenant and may be removed by Tenant at any time during the Lease term. Within sixty (60) days of the expiration or earlier termination of this Lease, Tenant shall remove the Cabinet, the Ground Equipment and associated equipment and improvements installed, constructed, erected and placed at the Property by Lessee, and shall restore the Leased Premises and the Property as closely as reasonably possible to their original condition, normal wear and tear excepted. If Tenant fails to remove the Cabinet, the Ground Equipment or any portion thereof within said sixty (60) day period, Landlord shall have the right, but not the obligation, to have the Ground Equipment, or portion thereof, removed at Tenant’s expense, and/or to dispose of the same without liability to Tenant. 13.2 Removal Costs and Holdover. All costs associated with the removal of the Cabinet, the Ground Equipment and associated equipment and improvements and all costs associated with the restoration of the Property shall be borne by Tenant. Rental costs pro-rated monthly based upon the immediately preceding month will be assessed for the time that the Ground Equipment and all such equipment and improvements are not removed to the Landlord’s reasonable satisfaction. Costs incurred by the Landlord due to Tenant’s non-compliance with the removal provisions of the Lease shall be paid for by Tenant. 13.3 Removal Bond. Before commencement of any construction at the Property, and during the term of this Lease, Tenant shall furnish, pay for, and provide Landlord with a removal bond in the amount of $5,000 to ensure the removal of the Cabinet, the Ground Equipment and the restoration of the Leased Premises, as set forth more particularly in Section 13.1. The bond must be provided by a surety company licensed to issue bonds in the Commonwealth of 29 Massachusetts and satisfactory to the Landlord’s legal counsel. The amount of such bond shall be adjusted at the commencement of each Extension Term to take into account increases in the cost of such removal and/or restoration. The bond shall not be cancelled, materially changed, or reduced without first giving written notice to Landlord and Tenant at least thirty (30) days in advance and obtaining Landlord’s consent. 14. Maintenance; Utilities. 14.1 Maintenance. Tenant shall properly maintain the Cabinet and the Ground Equipment and associated equipment in good order and working condition, keeping the same in continuous full compliance with all Permits and Applicable Laws. Tenant shall maintain the Leased Premises in at least the same condition as such premises were in prior to the installation of the Cabinet, reasonable wear and tear excepted. Any authorized alterations or improvements performed by Tenant shall be at Tenant’s sole cost and expense, shall be in quality at least equal to the existing condition of the Leased Premises, and shall conform to all Applicable Laws. Prior to making any alterations or improvements, Tenant shall submit design plans with appropriate drawings indicating improvements, and obtain Landlord’s consent prior to installation in accordance with Section 4.5. 14.2 No Mechanics Liens. Tenant shall not permit any mechanics’ liens or similar liens to remain upon the Leased Premises for labor and material furnished to Tenant, or claimed to have been furnished to Tenant, in connection with work of any character performed, or claimed to have been performed, at the direction of Tenant, and Tenant shall cause any such lien(s) to be released of record forthwith without cost to the Landlord. 14.3 Utilities. Tenant will be solely responsible for, and shall promptly pay, all charges for electricity, telephone service and any other utility used or consumed by Tenant on the Leased Premise. Landlord will reasonably cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to Tenant, subject to Town Meeting approval, if applicable. In the event that Town Meeting does not approve of an easement necessary to the use and operation of the Ground Equipment, Tenant shall have the right, upon thirty (30) days’ prior written notice, to terminate this Lease, without the payment of the Termination Fee. 15. Default; Remedies. 15.1 Tenant Default. The following will be deemed a default by Tenant and a breach of this Lease: (i) non-payment of Rent and any other payments required by this Lease, and/or the failure to maintain the insurance required hereunder, if such fee or payments remain unpaid or insurance is not obtained within twenty business (20) days from the date of written notice of such failure from Landlord; (ii) Tenant is declared bankrupt or insolvent according to law, or, if any assignment shall be made of Tenant’s property for the benefit of creditors, or (iii) Tenant’s failure to perform any other term or condition under this Lease within thirty (30) days after receipt of written notice from Landlord specifying the failure, unless Tenant cures such failure within such thirty (30)-day notice period, provided, however, that if the failure cannot reasonably be cured within such thirty (30)-day period and Tenant has promptly commenced, and is diligently pursuing, a cure to Landlord’s reasonable satisfaction, the period of time for Tenant to complete such cure shall be extended to sixty (60) days from the date of Landlord’s notice. If 30 Tenant remains in default beyond such sixty (60)-day period, Landlord may terminate this Lease and exercise any and all rights and remedies available to it under this Lease, and at law and equity. 15.2 Landlord Remedies. In the event of Tenant’s default, Landlord shall have the right, while such default continues, to cure the default at Tenant’s sole cost (and Tenant shall repay Landlord’s actual cost thereof within thirty (30) from written notice from Landlord therefor), re-enter and take complete possession of the Leased Premises, and/or to declare the Term of this Lease ended (in which case Tenant shall pay Landlord the Termination Fee) and remove the Cabinet, the Ground Equipment and Tenant’s other property from the Property if Tenant fails to remove the same in accordance with Section 13, using the removal bond, without prejudice to any remedies which might be otherwise be available to Landlord. 15.3 Reimbursement. Tenant agrees to reimburse Landlord for all costs associated with the enforcement of this Lease, or any and all provisions therein, against Tenant as a result of Tenant’s failure to comply with this Lease, including but not limited to all reasonable attorneys’ fees and court costs. Without limiting any of the Landlord’s rights and remedies hereunder, and in addition to all other amounts Tenant is otherwise obligated to pay, it is expressly agreed that Landlord shall be entitled to recover from Tenant all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in enforcing this Lease from and after such default. 15.4 Landlord Default. The following will be deemed a default by Landlord and a breach of this Lease: if Landlord’s failure to comply with any material term or condition of this Lease that materially and adversely affects Tenant’s ability to use the Leased Premises for the Permitted Uses, provided that (i) Tenant shall give Landlord at least thirty (30) days written notice of said default and (ii) Landlord shall have failed to cure the same within said thirty sixty (30)-day period (or, if the default is such that a cure cannot reasonably be completed, within a reasonable period of time, so long as Landlord commences the cure within said thirty (30)-day period and thereafter pursues it diligently). 15.5 Other Termination. Tenant acknowledges that if the Master Lease terminates for any reason, this Lease shall also terminate, without recourse to Landlord. 15.6 Survival. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 16. Assignment; Sublease. This Lease may be sold, assigned or transferred by Tenant without any approval or consent of the Landlord to Tenant's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets by reason of a merger, acquisition or other business reorganization. This Lease may not be sold, assigned or transferred to any other party without the written consent of the Landlord, which such consent will not be unreasonably delayed or withheld provided that any said transferee has a net worth equal to Tenant’s net worth as of the Commencement Date. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. Notwithstanding anything to the contrary, Tenant shall have no right to sublease or 31 license the Leased Premises or any portion thereof or allow others to use the same without Landlord’s prior written consent, which may be conditioned and/or withheld in its sole and absolute discretion. 17. Notices. All notices, requests, demands and communications in connection with this Lease will be given by certified mail, return receipt requested, all charges prepaid, or by a recognized courier service that provides evidence of delivery, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to Tenant at the addresses set forth above or to such other addresses as Tenant may hereafter give to Landlord in the manner provided by this Section. Notice will be addressed to the Landlord at the addresses set below or to such other addresses as the Landlord may hereafter give to Tenant in the manner provided by this Section: For Landlord: Town of Brewster Brewster Town Hall 2198 Main Street Brewster, MA 02631 Attn: Town Administrator Phone: 508-896-3701 X1100 Email: plombardi@brewster-ma.gov With a copy to: Shirin Everett, Esq. KP Law, P.C. 101 Arch Street, 12th Floor Boston, MA 02110 Phone: 617-654-1731 Email: severett@k-plaw.com For Tenant: DISH Wireless L.L.C. Attn: Lease Administration 5701 South Santa Fe Drive Littleton, Colorado 80120 18. Severability. If any term or condition of this Lease is found to be invalid or unenforceable by a court or by a governmental authority of competent jurisdiction, the remaining terms and conditions will remain binding upon the parties as though the unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Lease, then, unless the parties agree to replace such provision, either party may terminate this Lease with thirty (30) days prior written notice to the other party. 19. Condemnation. If a condemning authority takes all of the Leased Premises or such portion that renders 32 Tenant unable to use the Leased Premises for the Permitted Use, Tenant shall have the right to terminate this Lease as of the date the title vests in the condemning authority and recover its relocation costs from the condemning authority. 20. Casualty. (a) Landlord and Tenant will provide notice to one another of any casualty affecting the Leased Premises. If the Ground Equipment or Leased Premises (and/or the Tower) is substantially destroyed by fire or other casualty so as to render the Leased Premises unable to accommodate the Ground Equipment, Tenant may terminate this Lease by providing written notice to Landlord, without recourse. If only a portion of the Leased Premises is damaged, the Lease shall continue, but payment of Base Rent shall abate proportionately only if and only for so long as the casualty materially and adversely affects the operation of the Ground Equipment or use of the Tower, provided that Tenant promptly and diligently repairs and restores the Ground Equipment or Leased Premises to as near its former condition as soon as possible, which Tenant agrees shall occur no later than sixty (60) days from the date of said casualty. If the damage to the Leased Premises and/or the Ground Equipment is such that it cannot reasonably be restored within said sixty (60) day period, Tenant may terminate this Lease by giving Landlord thirty (30) days’ written notice. 20. Miscellaneous. 20.1 Amendment/Waiver. This Lease cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and authorized agent of Tenant. No provision may be waived except in a writing signed by both parties. 20.2 Short Form Lease. Either party will, at any time upon thirty (30) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable “Memorandum of Lease,” but under no circumstances shall either party be required to execute, acknowledge and deliver to the other a Memorandum of Lease that in any way conflicts, or is inconsistent, with this Lease or the rights of either party under this Lease. In the event of any inconsistency or conflict between the terms of this Lease or any Memorandum of Lease executed by the parties, the terms of this Lease shall control. 20.3 Bind and Benefit. The terms and conditions contained in this Lease are for the benefit of the parties, and their permitted successors and assigns, and for no other person or entity. 20.4 Entire Lease. This Lease and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties concerning Tenant’s use and occupancy of the Leased Premises, and will supersede all prior offers, negotiations and agreements. 20.5 Governing Law. This Lease will be governed by the laws of the Commonwealth of Massachusetts without regard to conflicts of law. Any disputes arising out of this Lease shall be brought, if at all, in the courts of the Commonwealth of Massachusetts, to whose jurisdiction the parties hereby assent. 33 20.6 Attorneys’ Fees and Costs. The prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs. 20.7 Survival. Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or expiration of this Lease will so survive. 20.8 No Presumptions Regarding Preparation of Lease. The parties acknowledge and agree that each of the parties has been represented by counsel or has had full opportunity to consult with counsel and that each of the parties has participated in the negotiation and drafting of this Lease. Accordingly, it is the intention and agreement of the parties that the language, terms and conditions of this Lease are not to be construed in any way against or in favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in connection with the preparation of this Lease. 20.9 No Indirect/Consequential Damages. The Town shall have no liability to Tenant for any interruption of Tenant business due to casualty or any other reason. In no event shall the either party incur liability hereunder with respect to indirect or consequential damages incurred by the other due to any act or omission by the breaching party. 20.10 Exhibits. All Exhibits referred to herein are incorporated herein. 20.11 Recitals. The recitals to this Lease are incorporated herein by reference. [signature page follows] 34 IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives on the dates set forth below and acknowledge that this Lease Agreement is effective as of the date first above written. TOWN OF BREWSTER, By its Select Board DISH Wireless L.L.C., a Colorado limited liability company David Whitney, Chair Ned Chatelain, Vice Chair Kari S. Hoffmann, Clerk Mary Chaffee Cynthia Bingham Date: By: Name: Title: Date: 35 EXHIBIT A Premises Plan 36 EXHIBIT B Equipment Plan 37 _______________________ EXHIBIT C This Memorandum and Notice of Lease Agreement (“Memorandum”) is entered into on this 7th day of November 2022, by and between the Town of Brewster, a Massachusetts municipal corporation, with an office at 2198 Main Street, Brewster, MA 02631 (hereinafter referred to as "the Town"), and DISH Wireless L.L.C., a Colorado limited liability company, with an office at 9601 S. Meridian Blvd., Englewood, Colorado 80112 (hereinafter referred to as "Tenant"). 1. The Town and Tenant entered into a Lease Agreement (the "Agreement") on November 7, 2022, for the purpose of Tenant installing, operating and maintaining a cabinet with telecommunications equipment within a portion of the certain real property owned by the Town located at 1657 Main Street, Brewster, and described more particularly in the instrument recorded with the Barnstable Registry of Deeds (the “Registry”) in Book 1270, Page 163(the “ Property”). The portion of Property leased to Tenant is shown on the sketch plan or drawing attached hereto as Exhibit A and incorporated herein (the “Premises”). 2. The initial term of the Agreement is for ten (10) years commencing on December 1, 2022 ("Commencement Date"), with Tenant having the right to extend the term of the Agreement for two (2) successive periods of five (5) years each, for a total term of twenty (20) years. 3. It is expressly understood and agreed by the Town and Tenant that the sole purpose of this Memorandum is to give record notice of the Agreement; it being distinctly understood and agreed that said Agreement constitutes the entire agreement between the Town and Tenant with respect to the Premises and is hereby incorporated by reference. The Agreement contains and sets forth additional rights, terms, conditions, and obligations not enumerated within this Memorandum which govern the Agreement. This Memorandum is for information purposes only and nothing contained herein may be deemed in any way to modify or vary any of the terms or conditions of the Agreement. In the event of any inconsistency between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. The rights and obligations set forth in the Agreement shall be binding upon and inure to the benefit of the Town and Tenant and their respective heirs, representatives, successors and assigns. Prepared by: recording requested by and return to: MEMORANDUM AND NOTICE OF LEASE AGREEMENT IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. TOWN OF BREWSTER, By its Select Board DISH Wireless L.L.C., a Colorado limited liability company _________________________________ David Whitney, Chair _________________________________ Ned Chatelain, Vice Chair _________________________________ Kari S. Hoffmann, Clerk _________________________________ Mary Chaffee _________________________________ Cynthia Bingham Date: By: Name: Title: Date: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of , 2022, before me, the Notary Public, personally appeared , member of the Select Board of the Town of Brewster, as aforesaid, proved to me on the basis of satisfactory evidence of identification, which was , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same voluntarily on behalf of the Town of Brewster. Official Signature and Seal of Notary My commission expires: STATE OF COUNTY OF On this day of , 2022, before me, the undersigned Notary Public, personally appeared , proved to me on the basis of satisfactory evidence of identification, which were , to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they signed it voluntarily for its stated purpose as of . Official Signature and Seal of Notary My commission expires: EXHIBIT A Premises 2055 S. Stearman Drive Chandler, AZ 85286 P ho ne : ( 6 0 2) 84 5 -1 70 9 E m ai l : B r adl ey .P ev onk a. Co ntr ac tor @c r o wnc as tl e.c om www.crowncastle.com 559174 - DISH Network October 21, 2022 CONSENT TOWN OF BREWSTER 2198 MAIN STREET TOWN ADMINISTRATOR BREWSTER, MA 02631-2536 Re: BU 806690 / “CCD BREWSTER 959497” / 1657 MAIN STREET, BREWSTER, MA 02770 (“Site”) Land Lease Agreement, dated August 22, 1996, as it may have been amended and assigned (“Lease”) Consent for modifications Dear TOWN OF BREWSTER, In order to better serve the public and minimize the number of towers in an area where this property is located, DISH Network intends to modify its equipment at the wireless communication facility (the “Modification”). Under the Lease, Landlord’s consent cannot be unreasonably withheld, conditioned or delayed. Please provide your consent by signing below and returning so that we may install DISH Network’s equipment as permitted under the Lease. If you have any questions concerning this request, please contact Bradley Pevonka at (602) 845-1709 or Bradley.Pevonka.Contractor@crowncastle.com Sincerely, Bradley Pevonka Real Estate Specialist Agreed and accepted [Date]_________ ___________ (Date) (Lessor’s signature) (Lessor’s name and title) NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 T-1 SHEET INDEX VICINITY MAP DIRECTIONS SITE INFORMATION PROJECT DIRECTORY 11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED GENERAL NOTES SITE PHOTO SCOPE OF WORK · · · · · · · · · · · · · · · · · · UNDERGROUND SERVICE ALERT - 811 DIG SAFE UTILITY NOTIFICATION CENTER OF MASSACHUSETTS (888) 344-7233 WWW.DIGSAFE.COM BOBOS00164A 1657 MAIN STREET DISH Wireless L.L.C. SITE ID: DISH Wireless L.L.C. SITE ADDRESS: MASSACHUSETTS CODE OF COMPLIANCE BREWSTER, MA 02770 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 A-1 2 31 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 A-2 1 3 2 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 A-3 1 2 4 53 1 4 7 2 5 8 3 6 9 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 A-4 1 4 7 2 5 8 3 6 9 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 A-5 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 A-6 1 4 7 2 5 8 3 6 9 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 E-1 “”“” “”“” 1 2 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 E-2 1 1 4 7 2 5 8 3 6 9 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 E-3 LOAD SERVED VOLT AMPS (WATTS) L1 L2 TRIP CKT #PHASE LOAD SERVED VOLT AMPS (WATTS) L1 L2 TRIPCKT # 2 1 3 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 G-1 1 2 3 ” NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 G-2 3 6 1 4 2 5 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 G-3 1 4 7 2 5 8 3 6 9 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 RF-1 1 2 3 4 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 GN-1 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 GN-2 NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 GN-3 · · · · · · · NB+C ENGINEERING SERVICES, LLC. 8601 SIX FORKS ROAD, SUITE 540 RALEIGH, NC 27615 (919) 657-9131 09/14/2022 DANIEL J. CORNING, P.E. MA PROFESSIONAL ENGINEER LIC. #53767 GN-4 Town of Brewster BREWSTER, MASSACHUSETTS 02631-1898 (508) 896-3701 FAX (508) 896-8089 September 1, 2022 AT&T Mobility Corporation Manager for New Cingular Wireless PCS,LLC 84 Deerfield Lane, Floor 1 Meriden CT 06450 Dear Mr. Leyden, OFFICE OF: SELECT BOARD TOWN ADMINISTRATOR The Town of Brewster issued an RFP for Lease of Ground Space for Telecommunications Equipment Shelters at 1657 Main Street on July 22, 2022. The Town accepts your proposal to lease Space #1, 150 square feet with an annual rent of $12,000 with a 3% annual escalator. You are responsible for the negotiation of a sub -lease with Crown Castle of which the Town is entitled to 40% of the co -location fee. The RFP included the lease form that is expected to be executed between the parties. If you are requesting any changes to the lease, please submit those to us in writing within 10 days of receipt of this notification. Any changes must be reviewed by the Town's legal counsel. You are also required to submit the first year's rent upon execution of the lease. The Town requires a removal bond in the amount of $5,000 and a certificate of insurance per the terms of the lease. The lease must be executed at a public meeting of the Brewster Select Board. Please feel free to contact me at dalinick@brewster-ma.gov or 508-896-3701 X1130 with any questions. Sincerely, Donna J. Kalinick Assistant Town Administrator Procurement Officer CC: Shirin Everett, KP Law \�6\�\U1\ 1\ Ell !llIj!! n O oQ °�` '0 �$ �^3 to I 71i�l a tI1 C:"1'!I_ pj (508) 896-3701 , M Aion�' ?�`�`� FAX (508) 896-8089 4/1/1llllIIII1441111115\'+1`'\1d�� October 3, 2022 Town of Brewster BREWSTER, MASSACHUSETTS 02631-1898 AT&T Mobility Corporation Manager for New Cingular Wireless PCS, LLC 84 Deerfield Lane, Floor 1 Meriden CT 06450 Dear Mr. Leyden, OFFICE OF: SELECT BOARD TOWN ADMINISTRATOR The Town of Brewster issued an RFP for Lease of Ground Space for Telecommunications Equipment Shelters at 1657 Main Street on July 22, 2022. The Town notified you of acceptance of your proposal on September 1st. The RFP states that a lease will be executed by the parties within 30 days of notice. As the parties have acted in good faith to agree to the final terms of the lease, the parties agree to extend the time for execution of the lease for another 45 days. Per the terms of the lease, the proposal is good for 120 days or until the lease is executed. The parties expect to execute the lease at a Select Board meeting on October 17th or November 7, 2022. The lease must be executed at a public meeting of the Brewster Select Board. Please feel free to contact me at dkalinick(cbrewster-ma.gov or 508-896-3701 X1130 with any questions. Sincerely, auvutull, c.7(aLin Donna J. Kalinick Assistant Town Administrator Procurement Officer On +ehlalf of AT&T Mobility F L�tl �7sr� 17 TOWN OF BREWSTER 1657 MAIN STREET SITE LEASE SITE LEASE AGREEMENT This Site Lease Agreement (this “Lease”) is entered into as of this 7th day of November, 2022, by and between the Town of Brewster (the “Town” or “Landlord”), acting by and through its Select Board, having an address of Brewster Town Hall, 2198 Main Street, Brewster, Massachusetts 02631, and New Cingular Wireless PCS, LLC (“Tenant”), a Delaware limited liability company, having an address at 1025 Lenox Blvd., 3rd Floor, Atlanta, Georgia 30319. Recitals Whereas, the Town owns certain real property located at 1657 Main Street, Brewster, shown on Assessors Map 56 as Parcel 6 (the “Property”); Whereas, the Town issued entered into a Lease Agreement dated August 22, 1996 (the “Master Lease”) with Cape and Islands Cellular Co., Inc., which is now leased by Crown Castle (the “Current Tenant”), pursuant to which a cell tower has been installed on the Property (the “Tower”); Whereas, pursuant to the Master Lease, the Current Tenant is permitted to sublease collocation space on the Tower to other telecommunications providers, on the condition that the Tenant pay 60% of a collocation fee to the Current Tenant, and 40% of such fee directly to the Town; Whereas, since the Master Lease does not provide the Current Tenant with sufficient space on the Property for the siting of equipment cabinets or sheds and related utilities, and co- locators must lease equipment space at the base of or near the Tower from the Town; Whereas, the Town issued a Request for Proposal dated July 22, 2022, soliciting proposals from telecommunications providers for the lease of ground space near the Tower, contingent on the successful proposer successfully negotiating a lease directly with the Current Tenant for antennas space on the Tower; Whereas, Tenant submitted a proposal, seeking to lease land near the Tower; and Whereas, the Town has selected Tenant as the successful proposer, contingent on the Tenant entering into a lease with the Current Tenant, on the terms and conditions set forth herein. Now, therefore, for good and valuable consideration, the Town and Tenant agree as follows: 18 Agreement 1.Lease of Premises. 1.1 The Premises. The Town hereby leases to Tenant exclusively, and Tenant hereby leases from the Town, the parcel of land containing 150 square feet, more or less, and shown as the “Premises Plan” attached to herein as Exhibit A and incorporated herein (the “Leased Premises including the air space above such ground space (solely for equipment that may be spaced on top of the equipment shelter), on the ground at the base or near the Tower and shown as “Space No. 1” (the “Leased Premises”), for purpose of constructing, installing, equipping, maintaining, operating, repairing, and replacing an equipment cabinet or shelter (the “Cabinet”) to house Tenant’s telecommunications equipment, which may include radio transmitting and receiving equipment, conduits, wires, batteries, back-up generators, utility lines and facilities, supporting structures, telephone facilities, microwave equipment, and related equipment (the “Ground Equipment”), together with the right to install connections between the Cabinets and the Ground Equipment housed therein to Tenant’s antennas and other telecommunications equipment installed on the Tower pursuant to a lease with the Current Tenant (the “Antenna Equipment”). The Premises are leased together with the non-exclusive right to use connecting rights-of-way, access roads and easements thereto for vehicular ingress to the Leased Premises and egress out to public ways. 1.2 Condition of Leased Premises. Tenant understands and agrees that the Leased Premises are being leased in their present condition, “as is,” and Tenant further agrees that it has had an opportunity to examine and inspect the Leased Premises and the Property and has determined that the Property and Leased Premises are suitable and adequate for Tenant’s intended purpose. Tenant acknowledges that Landlord has made no representations or warranties of any kind with respect thereto, and that Landlord shall have no obligation to maintain, do any work on, or make any improvements to or provide utilities to the Property, including the Leased Premises. Landlord shall have no obligation to remove snow or ice from the Property, including the Leased Premises. 1.3 Permitted Uses. Tenant shall use the Leased Premises solely for the provision of wireless telecommunications services (the “Permitted Use”). There shall be no services, equipment or storage at the Leased Premises other than what is necessary to provide such wireless communication services. Subject to the provisions of Section 4 and other Lease terms, Tenant may install, place, alter, upgrade, repair, replace and maintain the Ground Equipment. Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, provided, however, that Tenant shall have no right to expand or relocate the Leased Premises. 2.Access to Leased Premises. Normal Business Hours. Tenant’s Ground Equipment is to be located within the existing fenced-in area of the Property that includes the Tower. Except during an emergency, as provided below, Tenant may access the Leased Premises at any time of day after giving Landlord at least twenty-four (24) hours advance verbal or written notice of the date and time of the proposed access to Landlord’s representative, Peter Lombardi, Town 19 Administrator at 508-896-3701 X1100 (phone number), unless otherwise advised in writing by Landlord, and Tenant shall be accompanied by an authorized representative of the Landlord. Tenant may access the Leased Premises only during normal business hours, which are defined as 8:30 am to 4:30 pm Monday through Friday, by giving Landlord at least one (1) business days prior notice thereof, which may be oral notice (given to Peter Lombardi, Town Administrator plombardi@brewster-ma.gov [email]; 508-896-3701 X1100 (phone). 2.1 Emergency Access. In the event of an emergency, Tenant may access the Leased Premises during hours other than normal business hours but only if Tenant (i) provides in-person prior notice to Landlord’s Fire Chief or, if Landlord’s Fire Chief is unavailable, the next highest ranking fire official on duty at the Brewster Fire Department located at 1671 Main Street, Brewster, MA 02631. (ii) is accompanied by an authorized representative of the Landlord during such access. Landlord and Tenant agree to cooperate reasonably and in good faith to ensure that Landlord receives proper notification of Tenant’s need for emergency access, and that Tenant is allowed access to the Leased Premises, including the Tower, in the event of an emergency. In addition, Tenant agrees to pay all reasonable costs incurred by the Landlord to facilitate Tenant’s emergency access to the Leased Premises, including, but not limited to, costs of personnel accompanying Tenant during such access. All costs incurred by the Landlord in connection with providing emergency access shall be paid by Tenant within thirty (30) days after receipt of an invoice for such charges. 2.2 Landlord’s Access to Leased Premises. Tenant acknowledges that Landlord can access the Leased Premises at any time and for any purpose, provided that Landlord does not interfere unreasonably with the rights granted to Tenant hereunder. 3.Diligence Period; Contingencies. 3.1 Contingencies. Landlord acknowledges that Tenant’s obligations under this Lease are contingent on (a) Tenant obtaining, at its sole cost and expense, any and all federal, state, or local permits, approvals of licenses necessary for the installation and operation of the Ground Equipment and the use of the Leased Premises for the Permitted Uses (collectively, the “Permits”); (b) Tenant entering into a suitable lease agreement with the Current Tenant for the installation of the Antenna Equipment on the Tower (the “Antenna Lease”); and (c) on Tenant being satisfied with the title to and condition of the Leased Premises and the suitability of the Leased Premises for the Permitted Uses. Tenant agrees to use good faith and diligent efforts to obtain the Permits and to inspect the Leased Premises to determine their use for the Permitted Uses. 3.2 Due Diligence Period. Tenant shall have the right at any time following the full execution of this Lease and prior to the Commencement Date (the “Due Diligence Period”), to enter the Leased Premises during normal business hours, as set forth in Section 2(a), upon giving Landlord at least two (2) business days’ prior notice thereof, for the purpose of making necessary inspections, taking measurements and conducting engineering surveys (and soil tests where applicable) and other reasonably necessary tests to determine the suitability of the Leased Premises for the Ground Equipment. 3.3 No Subsurface Tests. Notwithstanding the foregoing, Tenant shall not conduct 20 any subsurface tests until a Phase I Assessment concludes that a recognized environmental condition (as such term is defined in ASTM Standard E1527–05) exists and/or recommends a so- called Phase II Property Assessment be conducted for the Leased Premises and Tenant obtains Landlord’s consent, which may not be unreasonably withheld if Tenant has submitted a written scope of work to Landlord detailing the work to be done and the portion of the Leased Premises to be affected by such work and containing such other information as Landlord shall reasonably request. 3.4 Pre-requisites to Access. Before Tenant enters the Property for any purpose, Tenant shall obtain insurance which covers such activities as set forth in Section 7, Insurance, and provide certificates of insurance to Landlord evidencing compliance with Section 7. Tenant will notify Landlord of any proposed tests, measurements or pre-construction work and will coordinate the scheduling of such activities with Landlord. Landlord or its designees shall have the right to accompany Tenant during the performance of Tenant’s Due Diligence. Tenant will defend, indemnify, and hold harmless Landlord against all costs (including reasonable attorneys’ fees), claims, damages and liabilities arising as a result of the actions, omissions, negligence or willful misconduct of Tenant or its agents, employees, representatives, contractors and invitees (with Landlord, the “Landlord Parties”) and/or from Tenant’s exercise of the rights granted herein. 3.5 Termination Rights. If, in the course of its diligence, Tenant determines that the Leased Premises are unsuitable for Tenant contemplated use or Tenant is unable to obtain the Permits or the Antenna Lease on terms reasonably acceptable to Tenant, Tenant shall have the right to terminate this Lease prior to the Commencement Date by delivery of written notice thereof to Landlord, without the payment of a Termination Fee. If Tenant fails to object to the title to or condition of the Leased Premises, or fails to give written notice to Landlord of its inability to obtain the Permits or the Antenna Lease, prior to the Commencement Date, Tenant shall thereafter have no right to terminate the Lease for the condition of or the title to the Leased Premises and/or the Property as the same exist as of the expiration of the Due Diligence Period, or for the failure to obtain the Permits or the Antenna Lease. 4.Ground Equipment. 4.1 Installation of Ground Equipment. The Ground Equipment and any other equipment to be installed on the Leased Premises by Tenant are shown on the Equipment Plans attached to herein as Exhibit B and incorporated herein. Landlord and Tenant agree that the Equipment Plans do not limit Tenant’s rights under this Lease to improve, modify, replace, upgrade or remove the Ground Equipment or any part thereof during the Term of this Lease, provided, however, that notwithstanding anything in this Lease to the contrary, Tenant may not install additional ground cabinets or sheds, or any other equipment that is not shown on the Equipment Plans without Landlord’s prior written consent, which may be conditioned on Landlord receiving additional Base Rent. Tenant may perform construction, alterations, upgrades, maintenance, repairs, additions to, and replacement of the Ground Equipment as necessary and appropriate for its ongoing business, all in accordance with this Lease. 4.2 Construction Standards. The installation, construction, erection, alteration, maintenance, repair and/or replacement of the Ground Equipment and any component thereof, and all improvements and other activities at the Leased Premises, shall be undertaken in strict 21 accordance with (i) this Lease, (ii) the Permits, (iii) all applicable local, state and federal laws, by-laws, rules, statutes, codes, regulations, local standards, and approvals for the installation, operation and maintenance of the Ground Equipment, and/or the use of the Leased Premises for the Permitted Uses (“Applicable Laws”). 4.3 Construction Costs. Tenant shall pay all costs and expenses incurred in connection with the construction, maintenance, repair and operation of the Ground Equipment and all related improvements at the Leased Premises, including utility connections, and the cost of electricity and other utilities Tenant consumes in its construction, maintenance and operational activities at the rate charged by the servicing utility company, for which Tenant will make payments directly to said company. 4.4 Electric Service. Tenant shall include in its design plans and specifications the equipment intended to provide electric service to the Ground Equipment, including auxiliary power if necessary for the installation of the Ground Equipment. Tenant shall negotiate with the applicable utility/power company the means for providing electric service. The design plans and specifications for electric service must be submitted to the Landlord for review and approval in accordance with Section 4.5. Tenant shall pay the cost of obtaining and maintaining electric service to the Leased Premises. If permitted by the power company, Tenant shall have a separate power meter installed for its electric service and Tenant shall pay all costs related to electric service directly to the utility company. 4.5 Submittal of the Plans for Approval. Prior to undertaking the installation, erection and construction of the Ground Equipment, any other improvements at the Leased Premises permitted under this Lease, and any Changes (defined below) except for the equipment inside its Cabinet), Tenant shall submit to Landlord electronic and written copies of the construction plans and specifications, shop drawings, structural calculations, equipment specifications, construction schedule and such other information as Landlord may reasonably request to make an informed decision on the request (the “Plans”) for review and approval (or rejection) by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve, reject or request additional information on the Plans within thirty (30) days of its receipt of all the required and requested Plans or the Plans are deemed approved. All reasonable and customary costs associated with Landlord’s review and/or approval of the Plans and reasonable and customary costs associated with inspection of the work shall be borne by Tenant, which shall pay the same within thirty (30) days of the presentment of invoices. Any post-approval changes to the Plan shall be subject to approval by the Landlord prior to implementation. Notwithstanding anything to the contrary in this Lease, the review of Plans by Landlord noted above is in addition to, and not a limitation of, any regulatory (or other) approval process required by any governmental body, including, but not limited to, the Town of Brewster Zoning Board of Appeals and/or the Conservation Commission; and, further, any agreement by Landlord in this Lease not to interfere with, or to cooperate with, Tenant in connection with this Lease is not intended to relieve, and shall not relieve, Tenant of any obligation to comply with any such process. 4.6 Approval of Changes. Subject to the prior approval of the Landlord in accordance with Section 4.5, Tenant may increase the dimensions of the Cabinets or make any other alterations to the Leased Premises (the “Changes”) from time to time during the term of this Lease, provided that in no event shall Tenant relocate, increase, or change the dimensions of the 22 leased Premises. All Changes must be approved in advance by the Landlord in accordance with Section 4.5, and must also comply strictly with the Permits and the Applicable Laws. However, any changes of equipment inside Tenant’s Cabinet shall not require the approval of Landlord under Section 4.5, but Tenant shall nonetheless give advance written notice to Landlord of such change describing the intended exchange in reasonable detail so that Landlord may understand and observe (or object to) any such change. 5.Term. 5.1 Commencement of Initial Term. The “Initial Term” of this Lease shall be for a period of ten (10) years beginning on the earlier to occur of; (i) the first day of the month following Tenant’s receipt a building permit for the installation of the Ground Equipment, or (ii) three (3) months from the Effective Date (the “Commencement Date”), and expiring at midnight on the tenth (10th) anniversary of the Commencement Date (or such later date as provided in Section 5(b) below, the “Expiration Date”), unless sooner terminated as provided in this Lease. Notwithstanding the foregoing, all of other terms of this Lease shall become effective on the Effective Date. 5.2 Extension of Initial Term. Unless Tenant is in default of this Lease beyond applicable cure periods, Tenant shall have the option to extend the term of this Lease for two (2) additional (successive) five-year terms (each, an “Extension Term”), for a total maximum term of twenty (20) years. Tenant shall be deemed to have decided to extend the term of the Lease for an additional Extension Term unless it has notified Landlord, in writing at least six (6) months prior to the expiration of the then-current term, that Tenant has decided not to renew the Lease. Nothing herein shall affect Landlord’s or Tenant’s ability to terminate this Lease prior to the Expiration Date in accordance with the terms of this Lease. The Initial Term, and any and all exercised Extension Term(s), are referred to as the “Term.” 5.3 Holdover. If Tenant’s equipment remains at the Property and on the Tower after the termination or expiration of this Lease, and the Landlord and Tenant are not actively negotiating entering in to a new lease agreement (assuming Landlord has issued a RFP to lease the Premises and Tenant has been selected as the successful proposer in writing), Tenant will be deemed to be occupying the Property and Tower on a month-to-month basis, provided that Tenant pays Landlord Base Rent in the amount of 150% over the amount Tenant paid under the terms of this Lease and subject to the terms and conditions of this Lease (not including any extensions or renewals), and Landlord may exercise any and all rights and remedies available to it as a result of such occupation, including, but not limited to, invoking Landlord’s rights under the bonds provided herein. 6.Lease Payments. 6.1 Base Rent. Starting on the Commencement Date, Tenant will pay the Landlord an annual lease payment of Twelve Thousand Dollars ($12,000.00), for the 1st Lease Year, which sum shall increase every year over the prior year’s rent by three percent (3%) (the “Base Rent”). 6.2 Payment of Base Rent: Base Rent shall be paid in equal monthly installments, in advance, by the first day of each month during the Lease Term, and shall be paid by check made 23 payable to the Landlord (Town of Brewster) and mailed or hand-delivered to Landlord at the address set forth above, or to such other address as Landlord may from time to time notify Tenant in writing. 6.3 Additional Rent. Commencing on the Effective Date, and upon receipt of the assessing authorities notice or statement, Tenant agrees to pay, as “Additional Rent,” any real estate taxes, levies, betterments or assessments, fees or charges that are assessed or charged during the Term of this Lease that are attributable to the Tenant’s Ground Equipment on the Property or Tenant’s use of the Leased Premises, directly to the assessing authority. The Base Rent and the Additional Rent are referred to, collectively, as “Rent.” Notwithstanding the foregoing, Tenant shall have the right in its own name to contest the validity or amount, in whole or in part, of such taxes, levies, betterments or assessments, fees or charges by appropriate proceedings timely instituted. In addition to any other rights and remedies available to Landlord, Tenant shall defend, indemnify and hold harmless Landlord from any costs and expenses related to any such contest, and Lessee shall promptly pay any valid final adjudication enforcing any such imposition. The obligations of this section shall survive the expiration or termination of this Lease. 6.4 Collocation Payments. In addition to the Rent to be paid under this Lease, Tenant shall pay Landlord forty percent (40%) of the collocation fee that is due under the lease agreement between Tenant and the Current Tenant. 6.5 Interest. All payments becoming due under this Lease and not paid when due shall bear interest from the applicable due date until received by Landlord at an annual rate equal to the prime rate of interest charged from time to time by Bank of America or its successor or similar entity, plus two percent (2%). 7.Insurance. 7.1 Required Insurance. Tenant will carry during the Term, at its own cost and expense, the following insurance: (i)Commercial general liability with a minimum coverage amount of One Million and 00/100 Dollars ($1,000,000) per occurrence and Two Million and 00/100 Dollars ($2,000,000) aggregate limit. The policy shall include coverage for products and completed operations liability and, coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. (ii)All risk property insurance for replacement of Tenant’s property. Said insurance shall include coverage for all natural disasters, including earthquakes, hurricanes, tornadoes and floods. (iii)Automobile liability insurance for owned automobiles and trucks, non-owned automobiles and trucks, and/or rented automobiles and trucks, in the amount of (i) One Million and no/100 Dollars ($1,000,000) combined single limit for bodily injury (including death) and property damage per occurrence. 24 (iv)Worker's Compensation in the minimum amount of statutory limit. (v)Excess liability in the minimum amount of Three Million Dollars ($3,000,000) in umbrella form over all other insurance required by the Agreement. 7.2 General Requirements. The following conditions shall apply to the insurance policies required herein: (i)All insurance shall commence on the Execution Date. Tenant shall not enter the Leased Premises until such insurance has been obtained and Tenant has provided Landlord with a copy of the insurance policy including the Town of Brewster as an additional insured (except on workers compensation insurance) and meeting the other requirements set forth herein. (ii)All insurance of Tenant shall be primary with respect to any insurance maintained by Landlord with respect to claims resulting from the Tenant’s negligence and shall not call on Landlord’s insurance for contributions. (iii)All insurance shall be issued through valid and enforceable policies issued by insurers authorized to transact insurance business in the Commonwealth of Massachusetts and having an A or better financial rating from a recognized insurance accreditation institution (such as A.M. Best Company). (iv)All insurance policies and certificates shall include a provision requiring thirty (30) day’s written notice to Landlord of cancellation. On each anniversary of the Commencement Date, and at Landlord’s reasonable request, Tenant shall provide Landlord with a certificate evidencing the coverages required hereunder, and such certificates shall be delivered to Landlord’s email address on file. (v)Tenant’s failure to obtain, procure or maintain the required insurance shall constitute a material breach of this Lease and Landlord may in its sole discretion take immediate and unilateral action to suspend the rights of Tenant to operate pursuant to this Lease until said breach is corrected. (vi)Tenant agrees that, on the fifth (5th) anniversary of the Commencement Date, and every five (5) years thereafter, or upon Landlord’s reasonable request, Tenant shall increase the limits of any of the above-mentioned insurance so as to comparable to insurance generally maintained at the time in question for similar properties in Massachusetts. (vii)Tenant shall require its contractors and sub-contractors to carry such worker’s compensation and general liability insurance as set forth above. 8.Interference. 8.1 Existing and Future Users. Tenant is prohibited from interfering with the communications providers, carriers and/or radio frequency users who entered a lease or a license with Landlord to use the Property prior to the execution of this Lease (the “Existing Users”). 25 Upon request of Tenant, Landlord will provide Tenant with a list of the Existing Users and their frequencies, to allow Tenant to evaluate whether Tenant will interfere with such users. Tenant represents and warrants that the Ground Equipment, and Tenant’s use of the Ground Equipment, and/or Tenant’s use of the Tower will not cause “measurable interference” with any Existing Users and others locating on the Property after the date of this Lease. If Tenant’s equipment causes measurable interference, or if Tenant’s use of the Leased Premises, including the Tower, interferes unreasonably with the use of the Property and/or the Tower by others entitled thereto, Tenant shall correct and eliminate such interference within two (2) days of written notification from Landlord. 8.2 Intentionally Omitted. 8.3 Landlord will not, nor will Landlord permit its employees, licensees, agents or independent contractors to, interfere unreasonably with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within seven (7) days after receipt of notice of interference from Tenant, it being acknowledged, however, that the Current Tenant, under the Master Lease, is responsible for interference with electronic signals from the Communication Facility, and not Landlord 8.4 For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. 9.Indemnification, Release. 9.1 Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, and its officers, employees, agents and representatives (collectively, with Landlord, the “Landlord Parties”), from and against any and all claims, suits, action, legal or administrative proceedings, damages, liabilities, injury, loss, costs or expenses (including reasonable attorneys' fees, consultants fees and court costs) (i) arising from the failure of Tenant or Tenant’s contractors, agents, employees, representatives, licensees, invitees and/or or anyone claiming by or through Tenant (collectively, with Tenant, the “Tenant Parties”) to comply with the terms of this Lease or with any Applicable Laws or lawful direction now or hereafter in force of any public authority; (ii) arising due to or caused by any act, omission, or negligence, or intentional misconduct on the part of any of the Tenant Parties; and (iii) the Ground Equipment and/or any parts thereof. However, Tenant shall not be obligated to indemnify Landlord to the extent such claim, expense, or liability is caused by the negligence or willful misconduct of any of the Landlord Parties. This obligation is in addition to, and not a limitation of, any other right or remedy available to the Landlord under this Lease and at law. 9.2 Release. To the maximum extent permissible by law, Tenant agrees to use and occupy the Property at Tenant’s own risk, and Landlord shall have no responsibility or liability for any injury, loss or damage to any of the Tenant Parties or to their personal property unless caused by the negligence or willful misconduct of any of the Landlord Parties. In the event such injury, loss or damage occurs on account of the negligence or willful misconduct of the Landlord Parties, Tenant shall be entitled to any and all remedies available at law. 26 9.3 Survival. Notwithstanding anything to the contrary in the Lease, the indemnification obligation of this Section shall survive the expiration or termination of this Lease. 10.Representations and Warranties. 10.1 Authority. Tenant and Landlord each represent and warrant that it has the authority to enter into this Lease. 10.2 Quiet Enjoyment. Landlord represents that, so long as Tenant is in not in default of this Lease, it shall provide Tenant with quiet, peaceful use, enjoyment and possession of the Leased Premises during the term as herein contemplated, subject however to all the terms and provisions hereof. 10.3 Compliance. Tenant represents and warrants that it will abide by the provisions of this Lease, and shall maintain the Leased Premises in good and satisfactory condition. 11.Environmental. 11.1 Environmental Laws. Tenant agrees to comply with all Applicable Laws, including, without limitation, any and all federal, state, county, local or municipal laws, statutes, codes, ordinances, treaties, rules, orders, regulations, decrees, requirements, policies, guidelines or directives of any federal, state or local government, and any other governmental body, and any political subdivision thereof, and any government, judicial, public, legislative or statutory instrumentality, tribunal, agency, authority, body or entity having legal jurisdiction over the matter or person in question (a “Governmental Authority”) regulating, relating to or imposing liability or standards of conduct concerning the protection of or discharge of materials into the environment, including without limitation, Hazardous Materials, as now or may at any time hereafter be in effect, including without limitation Massachusetts General Laws, chapter 21E; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §1801, et seq. (collectively, the “Environmental Laws”). “Hazardous Materials” means any oil, hazardous, toxic or radioactive materials, substances or waste, as defined in federal, state, or local law regulating or addressing the generation, storage, use, or transportation of such materials, including, but not limited to, the Environmental Laws. However, the parties agree that Hazardous Materials does not apply to the use of petroleum products and related substances incidental to the operation of motorized equipment and vehicles whose operation on the Leased Premises is contemplated by this Lease, nor shall it apply to back-up power batteries (lead-acid batteries) and small amounts of common materials used in telecommunications operations (e.g., cleaning solvents) and fuel for any generator which may be required by Tenant for temporary power of its Ground Equipment. Tenant will use all hazardous materials brought onto the property by it in accordance with all applicable federal, state and local laws and regulations. 11.2 Compliance. Tenant agrees that neither Tenant nor any of the other Tenant Parties will use, generate, bring upon, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any of the Environmental Laws. Tenant shall make all reasonable efforts to inform Landlord in writing of any Hazardous Materials to be used 27 (batteries, generator coolant and generator oil), present or brought upon the Property, and shall provide updates if any of the information changes during the Term of this Lease. 11.3 Indemnification. Subject to the exceptions contained in Section 11.4, Tenant shall defend, indemnify, and hold harmless Landlord and the other Landlord Parties from any and all liabilities and costs (including any and all sums paid for settlement of claims, litigation, expenses, reasonable attorneys’ fees, consultant and expert fees) of whatever kind or nature, resulting from the failure of any of the Tenant Parties to comply with any of the Environmental Laws and/or any Hazardous Materials on or about the Leased Premises or the remaining Property which are in any way caused by or related to the acts or omission of any of the Tenant Parties. Tenant shall assume, at its sole cost and expense, any and all duties, responsibilities, and liabilities related to the investigation, clean up, and monitoring of Hazardous Materials, and pay all costs, losses, damages, penalties, sanctions, forfeitures and/or fines arising or related to non- compliance with Environmental Laws to the extent caused by the actions, omissions, negligence or willful misconduct of Tenant or any of the other Tenant Parties on or about the Leased Premises or the remaining Property. Landlord reserves the right to inspect the Leased Premises for purposes of verifying compliance with these Hazardous Materials requirements and to take such measures as may be necessary or convenient to undertake any remediation if Tenant fails to undertake the same. Nothing herein shall waive or impair any other rights and remedies available to Landlord for Tenant’s failure to comply with the provisions of this Section. 11.4 Landlord Hazardous Activities. Notwithstanding the provisions of Section 11.3, Tenant shall have no obligation indemnify Landlord for costs, expenses, clean-up costs, penalties and fines to the extent caused by (i) the failure by Landlord or any of the other Landlord Parties to comply with any of the Environmental Laws, (ii) Hazardous Materials that are brought on to the Property by other Landlord tenants, and (iii) Hazardous Materials that are present on the Leased Premises prior to the date this Lease was executed, except to the extent the Tenant Parties caused or exacerbated the same (the “Landlord Hazardous Activities”). Notwithstanding anything herein to the contrary, in no event shall Landlord be responsible or liable to Tenant for the Landlord Hazardous Activities, it being agreed that in the event that the Landlord Hazardous Activities materially and adversely affect Tenant’s ability to use the Leased Premises for the Permitted Uses, Tenant’s sole and exclusive remedy therefor at law and in equity shall be terminate this Lease Agreement, without penalty. 11.5 Costs. The indemnifications and/or covenants of this Section specifically include reasonable costs, expenses and fees incurred in connection with any investigation of property conditions or any clean-up, remedial, removal or restoration work required by any Governmental Authority. 11.6 Survival. The provisions of this Section will survive the expiration or termination of this Lease. 12.Termination. 12.1 Termination by Tenant. This Lease may be terminated by Tenant as follows: (i) prior to the Commencement Date, if Tenant notifies Landlord in writing that Tenant is unable, through no fault of its own, to obtain any Permits or the Antenna Lease; (ii) upon ninety (90) days written notice, for any reason, so long as Tenant pays Landlord a termination fee equal to 28 one (1) years’ Rent at the then-current rent rate as liquidated damages (the “Termination Fee”); (iii) immediately, if Tenant determines that Landlord does not own the Leased Premises or have the authority to enter into this Lease, without the payment of the Termination Fee; (iv) if Landlord fails to comply with this Lease, after the expiration of any cure period set forth in Section 15, without payment of the Termination Fee; or (v) upon written notice to Landlord if the Master Lease terminates. Any prepaid Base Rent shall be adjusted as of the date of the termination of this Lease. The provisions of this Section shall survive the termination of this Lease. 12.2 Termination by Landlord. This Lease may be terminated by Landlord if (a) Tenant does not comply with the terms of this Lease, after the expiration of any cure period set forth in Section 15, or (b) the Master Lease is terminated, whether by Landlord or by the Current Tenant, without recourse. 13.Removal of Ground Equipment. 13.1 Removal of Ground Equipment. The Cabinet and all portions of the Ground Equipment and other equipment brought onto the Leased Premises by Tenant will be and remain Tenant’s personal property and, at Tenant’s option, may be removed by Tenant at any time during the Lease term. Tenant covenants and agrees that no part of the Ground Equipment installed, constructed, erected or placed on the Leased Premises by Tenant will become, or be considered as being affixed to or a part of, the Leased Premises, it being the specific intention of the Landlord that the improvements installed, constructed, erected or placed by Tenant on the Leased Premises will be, and remain, property of Tenant and may be removed by Tenant at any time during the Lease term. Within thirty (30) days of the expiration or earlier termination of this Lease, Tenant shall remove the Cabinet, the Ground Equipment and associated equipment and improvements installed, constructed, erected and placed at the Property by Lessee, and shall restore the Leased Premises and the Property as closely as reasonably possible to their original condition, normal wear and tear excepted. If Tenant fails to remove the Cabinet, the Ground Equipment or any portion thereof within said thirty (30)-day period, Landlord shall have the right, but not the obligation, to have the Ground Equipment, or portion thereof, removed and stored at Tenant’s expense, and/or to dispose of the same without liability to Tenant. 13.2 Removal Costs and Holdover. All costs associated with the removal of the Cabinet, the Ground Equipment and associated equipment and improvements and all costs associated with the restoration of the Property shall be borne by Tenant. Rental costs pro-rated monthly based upon the immediately preceding month will be assessed for the time that the Ground Equipment and all such equipment and improvements are not removed to the Landlord’s reasonable satisfaction. Costs incurred by the Landlord due to Tenant’s non-compliance with the removal provisions of the Lease shall be paid for by Tenant. 13.3 Removal Bond. Before commencement of any construction at the Property, and during the term of this Lease, Tenant shall furnish, pay for, and provide Landlord with a removal bond in the amount of $5,000 to ensure the removal of the Cabinet, the Ground Equipment and the restoration of the Leased Premises, as set forth more particularly in Section 13.1. The bond must be provided by a surety company licensed to issue bonds in the Commonwealth of Massachusetts and satisfactory to the Landlord’s legal counsel. The amount of such bond shall be adjusted at the commencement of each Extension Term to take into account increases in the 29 cost of such removal and/or restoration. The bond shall not be cancelled, materially changed, or reduced without first giving written notice to Landlord and Tenant at least thirty (30) days in advance and obtaining Landlord’s consent. 14.Maintenance; Utilities. 14.1 Maintenance. Tenant shall properly maintain the Cabinet and the Ground Equipment and associated equipment in good order and working condition, keeping the same in continuous full compliance with all Permits and Applicable Laws. Tenant shall maintain the Leased Premises in at least the same condition as such premises were in prior to the installation of the Cabinet, reasonable wear and tear excepted. Any authorized alterations or improvements performed by Tenant shall be at Tenant’s sole cost and expense, shall be in quality at least equal to the existing condition of the Leased Premises, and shall conform to all Applicable Laws. Prior to making any alterations or improvements, Tenant shall submit design plans with appropriate drawings indicating improvements, and obtain Landlord’s consent prior to installation in accordance with Section 4.5. 14.2 No Mechanics Liens. Tenant shall not permit any mechanics’ liens or similar liens to remain upon the Leased Premises for labor and material furnished to Tenant, or claimed to have been furnished to Tenant, in connection with work of any character performed, or claimed to have been performed, at the direction of Tenant, and Tenant shall cause any such lien(s) to be released of record forthwith without cost to the Landlord. 14.3 Utilities. Tenant will be solely responsible for, and shall promptly pay, all charges for electricity, telephone service and any other utility used or consumed by Tenant on the Leased Premise. Landlord will reasonably cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to Tenant, subject to Town Meeting approval, if applicable. In the event that Town Meeting does not approve of an easement necessary to the use and operation of the Ground Equipment, Tenant shall have the right, upon thirty (30) days’ prior written notice, to terminate this Lease, without the payment of the Termination Fee. 15.Default; Remedies. 15.1 Tenant Default. The following will be deemed a default by Tenant and a breach of this Lease: (i) non-payment of Rent and any other payments required by this Lease, and/or the failure to maintain the insurance required hereunder, if such fee or payments remain unpaid or insurance is not obtained within ten (10) days from the date of written notice of such failure from Landlord; (ii) Tenant is declared bankrupt or insolvent according to law, or, if any assignment shall be made of Tenant’s property for the benefit of creditors, or (iii) Tenant’s failure to perform any other term or condition under this Lease within thirty (30) days after receipt of written notice from Landlord specifying the failure, unless Tenant cures such failure within such thirty (30)-day notice period, provided, however, that if the failure cannot reasonably be cured within such thirty (30)-day period and Tenant has promptly commenced, and is diligently pursuing, a cure to Landlord’s reasonable satisfaction, the period of time for Tenant to complete such cure shall be extended to sixty (60) days from the date of Landlord’s notice.If Tenant remains in default beyond such sixty (60)-day period, Landlord may terminate this Lease and exercise any and all rights and remedies available to it under this Lease, and at law and equity. 30 15.2 Landlord Remedies. In the event of Tenant’s default, Landlord shall have the right, while such default continues, to cure the default at Tenant’s sole cost (and Tenant shall repay Landlord’s actual cost thereof within thirty (30) from written notice from Landlord therefor), re-enter and take complete possession of the Leased Premises, and/or to declare the Term of this Lease ended (in which case Tenant shall pay Landlord the Termination Fee) and remove the Cabinet, the Ground Equipment and Tenant’s other property from the Property if Tenant fails to remove the same in accordance with Section 13, using the removal bond, without prejudice to any remedies which might be otherwise be available to Landlord. 15.3 Reimbursement. Tenant agrees to reimburse Landlord for all costs associated with the enforcement of this Lease, or any and all provisions therein, including but not limited to all reasonable attorneys’ fees and court costs. Without limiting any of the Landlord’s rights and remedies hereunder, and in addition to all other amounts Tenant is otherwise obligated to pay, it is expressly agreed that Landlord shall be entitled to recover from Tenant all costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in enforcing this Lease from and after Tenant’s default. 15.4 Landlord Default. The following will be deemed a default by Landlord and a breach of this Lease: if Landlord’s failure to comply with any material term or condition of this Lease that materially and adversely affects Tenant’s ability to use the Leased Premises for the Permitted Uses, provided that (i) Tenant shall give Landlord at least thirty 30) days written notice of said default and (ii) Landlord shall have failed to cure the same within said thirty sixty (30)-day period (or, if the default is such that a cure cannot reasonably be completed, within a reasonable period of time, so long as Landlord commences the cure within said thirty (30)-day period and thereafter pursues it diligently). 15.5 Other Termination. Tenant acknowledges that if the Master Lease terminates for any reason, this Lease shall also terminate, without recourse to Landlord. 15.6 Survival. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 16.Assignment; Sublease. This Lease may be sold, assigned or transferred by Tenant without any approval or consent of the Landlord to Tenant's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Tenant's assets by reason of a merger, acquisition or other business reorganization. This Lease may not be sold, assigned or transferred to any other party without the written consent of the Landlord, which such consent will not be unreasonably delayed or withheld provided that any said transferee has a net worth equal to Tenant’s net worth as of the Commencement Date. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. Notwithstanding anything to the contrary, Tenant shall have no right to sublease or license the Leased Premises or any portion thereof or allow others to use the same without Landlord’s prior written consent, which may be conditioned and/or withheld in its sole and absolute discretion. 31 17.Notices. All notices, requests, demands and communications in connection with this Lease will be given by certified mail, return receipt requested, all charges prepaid, or by a recognized courier service that provides evidence of delivery, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to Tenant at the addresses set forth above or to such other addresses as Tenant may hereafter give to Landlord in the manner provided by this Section. Notice will be addressed to the Landlord at the addresses set below or to such other addresses as the Landlord may hereafter give to Tenant in the manner provided by this Section: For Landlord: Town of Brewster Brewster Town Hall 2198 Main Street Brewster, MA 02631 Attn: Town Administrator Phone: 508-896-3701 X1100 Email: plombardi@brewster-ma.gov With a copy to: Shirin Everett, Esq. KP Law, P.C. 101 Arch Street, 12th Floor Boston, MA 02110 Phone: 617-654-1731 Email: severett@k-plaw.com For Tenant: New Cingular Wireless PCS, LLC Attn: Tower Asset Group - Lease Administration Re: Cell Site #: MA1366; Cell Site Name: Brewster PD (MA) Fixed Asset #: 10071588 1025 Lenox Park Blvd NE 3rd Floor Atlanta, Georgia 30319 With a copy to: New Cingular Wireless PCS, LLC Attn.: Legal Dept – Network Operations Re: Cell Site #: MA1366; Cell Site Name: Brewster PD (MA) Fixed Asset #: 10071588 208 S. Akard Street Dallas, TX 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. 18.Severability. If any term or condition of this Lease is found to be invalid or unenforceable by a court or by a governmental authority of competent jurisdiction, the remaining terms and conditions will remain binding upon the parties as though the unenforceable provision were not contained 32 herein. However, if the invalid, illegal or unenforceable provision materially affects this Lease, then, unless the parties agree to replace such provision, either party may terminate this Lease with thirty (30) days prior written notice to the other party. 19.Condemnation. If a condemning authority takes all of the Leased Premises or such portion that renders Tenant unable to use the Leased Premises for the Permitted Use, Tenant shall have the right to terminate this Lease as of the date the title vests in the condemning authority and recover its relocation costs from the condemning authority. 20.Casualty. (a) Landlord and Tenant will provide notice to one another of any casualty affecting the Leased Premises. If the Ground Equipment or Leased Premises (and/or the Tower) is substantially destroyed by fire or other casualty so as to render the Leased Premises unable to accommodate the Ground Equipment, Tenant may terminate this Lease by providing written notice to Landlord, without recourse. If only a portion of the Leased Premises is damaged, the Lease shall continue, but payment of Base Rent shall abate proportionately only if and only for so long as the casualty materially and adversely affects the operation of the Ground Equipment or use of the Tower, provided that Tenant promptly and diligently repairs and restores the Ground Equipment or Leased Premises to as near its former condition as soon as possible, which Tenant agrees shall occur no later than sixty (60) days from the date of said casualty. If the damage to the Leased Premises and/or the Ground Equipment is such that it cannot reasonably be restored within said sixty (60) day period, Tenant may terminate this Lease by giving Landlord thirty (30) days’ written notice. 20.Miscellaneous. 20.1 Amendment/Waiver. This Lease cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Landlord and authorized agent of Tenant. No provision may be waived except in a writing signed by both parties. 20.2 Short Form Lease. Either party will, at any time upon thirty (30) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable “Memorandum of Lease,” but under no circumstances shall either party be required to execute, acknowledge and deliver to the other a Memorandum of Lease that in any way conflicts, or is inconsistent, with this Lease or the rights of either party under this Lease. In the event of any inconsistency or conflict between the terms of this Lease or any Memorandum of Lease executed by the parties, the terms of this Lease shall control. 20.3 Bind and Benefit. The terms and conditions contained in this Lease are for the benefit of the parties, and their permitted successors and assigns, and for no other person or entity. 20.4 Entire Lease. This Lease and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties concerning Tenant’s use and occupancy of the Leased Premises, and will supersede all prior offers, negotiations and agreements. 33 20.5 Governing Law. This Lease will be governed by the laws of the Commonwealth of Massachusetts without regard to conflicts of law. Any disputes arising out of this Lease shall be brought, if at all, in the courts of the Commonwealth of Massachusetts, to whose jurisdiction the parties hereby assent. 20.6 Attorneys’ Fees and Costs. The prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs. 20.7 Survival. Terms and conditions of this Lease which by their sense and context survive the termination, cancellation or expiration of this Lease will so survive. 20.8 No Presumptions Regarding Preparation of Lease. The parties acknowledge and agree that each of the parties has been represented by counsel or has had full opportunity to consult with counsel and that each of the parties has participated in the negotiation and drafting of this Lease. Accordingly, it is the intention and agreement of the parties that the language, terms and conditions of this Lease are not to be construed in any way against or in favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in connection with the preparation of this Lease. 20.9 No Indirect/Consequential Damages. The Town shall have no liability to Tenant for any interruption of Tenant business due to casualty or any other reason. In no event shall the either party incur liability hereunder with respect to indirect or consequential damages incurred by the other due to any act or omission by the breaching party. 20.10 Exhibits. All Exhibits referred to herein are incorporated herein. 20.11 Recitals. The recitals to this Lease are incorporated herein by reference. 819515/BREW/0129 [signature page follows] 34 IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized representatives on the dates set forth below and acknowledge that this Lease Agreement is effective as of the date first above written. LANDLORD TENANT TOWN OF BREWSTER By its Select Board NEW CINGULAR WIRELESS PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation David Whitney, Chair Its: Manager By: Ned Chatelain, Vice Chair Print Name: Rachelle Bidon-Lewis Its: Area Manager, Construction & Engineering Kari S. Hoffmann, Clerk Mary Chaffee Cynthia Bingham Date: Date: 819515/BREW/0129 EXHIBIT A Premises Plan EXHIBIT B Ground Equipment • equipment cabinet (2) • Purcell FLX-12 cabinet (2) • Purcell FLX-16 cabinet • Raycap-DC6 • Raycap-OD DC12 • fiber management box (2) • RBS battery cabinet • alpha cabinet • H-frame • RRUs (3) • ice bridge 17’ +- • cable tray 28’ +- (2) • Vertiv Netsure 512 48V DC power plant • various feedlines, DC trunks, fiber trunks, conduits, • may include additional or substitute radio transmitting and receiving equipment, conduits, wires, utility lines and facilities, supporting structures, telephone facilities, and related equipment 35 EXHIBIT C ______________________________________________________________________________ MEMORANDUM AND NOTICE OF LEASE AGREEMENT This Memorandum and Notice of Lease Agreement is entered into on this ____ day of ____________________, 2022, by and between the Town of Brewster, a Massachusetts municipal corporation, with an office at 2198 Main Street, Brewster, MA 02631 (hereinafter referred to as "the Town"), and _____________________, a _________________ company, with an office at _____________________________ (hereinafter referred to as "Tenant"). 1. The Town and Tenant entered into a Lease Agreement (the "Agreement") on ____________________, 2022, for the purpose of installing, operating and maintaining a cabinet with telecommunications equipment a portion of the certain real property located at 1657 Main Street, Brewster, and described more particularly in the instrument recorded with the Barnstable Registry of Deeds (the “Registry”) in Book 1270, Page 163 (the “ Property”). The potion leased to Tenant is shown on the sketch plan attached hereto as Exhibit A and incorporated herein (the “Premises”). 2. The term of the Agreement is for ten (10) years commencing on ____________________, 2022 ("Commencement Date") and terminating on _____________________________, 2032, with Tenant having the right to extend the term of the Agreement for two (2) successive periods of five (5) years each, for a total term of twenty (20) years. Prepared by: recording requested by and return to: IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LANDLORD: TENANT: TOWN OF BREWSTER, By its Select Board Date: By: Name: Title: Date: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of _______________________, 2022, before me, the Notary Public, personally appeared ____________________________________, member of the Select Board of the Town of Brewster, as aforesaid, proved to me on the basis of satisfactory evidence of identification, which was __________________________________, to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same voluntarily on behalf of the Town of Brewster. _____________________________________ Official Signature and Seal of Notary My commission expires: 2 STATE OF _________________________________ COUNTY OF On this ______ day of ________________, 2022, before me, the undersigned Notary Public, personally appeared ___________________, proved to me on the basis of satisfactory evidence of identification, which were _____________________, to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they signed it voluntarily for its stated purpose as _____________________ of _________________________. _____________________________________ Official Signature and Seal of Notary My commission expires: 819515/BREW/0129 EXHIBIT A Premises Plan MEMORANDUM OF LEASE EXTENSION This Memorandum is entered into on this _____ day of ____________, 2022, by and between the Town of Brewster (“Lessor”), having an address of Brewster Town Hall, 2198 Main Street, Brewster, MA 02631, and James F. Trainor (“Lessee”), having an address of PO Box 1848, Orleans MA 02653-1848. Recitals Whereas, the Brewster Industrial Development Finance Agency, Lessor’s predecessor in interest, and Lessee, entered into an Indenture of Lease dated September 24, 1985 (the “Lease”), pursuant to which Lessor leased to Lessee Lot 3, Freeman’s Way Industrial Park, Brewster, MA, the leased premises, for a thirty (30) year term, as evidenced by a Notice of Lease recorded with said Deeds in Book 7520, Page 281; Whereas, the Lease granted Lessee the option to extend the term of the Lease for a twenty (20)-year period; Whereas, Lessee timely extended the term of the Lease, and the parties wish to enter into this Memorandum to memorialize the extension of said Lease. Now, Therefore, for good and valuation consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Agreement 1.The parties agree that the term of the Lease has been extended from September 24, 2015 to September 23, 2035, on the same terms set forth in the Lease, and that no further extension rights exist. 2.The Lease is hereby ratified and continues in full force and effect 3.The recitals hereto are incorporated herein by reference. Signed under seal as of this _______ day of _______________________, 2022. LESSOR: Town of Brewster LESSEE: By its Town Administrator ____________________________ ____________________________ Peter Lombardi, Duly Authorized James F. Trainor 829550/BREW/0129 ASSIGNMENT OF LEASE AGREEMENT E & J Realty Trust u/d/t dated September 24, 1985 and recorded with the Barnstable Registry of Deeds Book 4731, Page 303, of 94 Pontiac Street, Hyannis, Massachusetts (hereinafter "E & J"), the Town of Brewster, a municipal corporation existing within the Commonwealth of Massachusetts, having offices at 2198 Main Street, Brewster, Massachusetts (hereinafter "Brewster"), and- Two Family Trust u/d/t dated August 4, 1983and recorded with the Barnstable Registry of Deeds Book 7885, Page 332, P.O. Box 1848, Orleans, Massachusetts 02653 in consideration of the covenants and agreements set forth herein agree as follows: 1. E & J hereby transfers and assigns to Two Family Trust all of its rights and obligations under an Indenture of Lease (hereinafter the "Lease") from Brewster to E & J dated September 24, 1985 for certain premises described as Lot No. 3, Freeman's Way Industrial Park, Brewster, Massachusetts; which Lease is recorded in the Barnstable Registry of Deeds Book 4736, Page 137. A copy of the Lease is attached hereto as an Exhibit. 2. Two Family Trust hereby agrees to be bound by all the terms, conditions and obligations of the Lease and to pay all rent due thereunder. 3. Brewster hereby consents to the Assignment of the Lease from E & J to Two Family Trust and hereby recognizes Two Family Trust as the Lessee. Brewster shall continue to be bound by all of the terms, conditions and obligations of the Lease as set forth therein with the sole exception that the Lessee shall be Two Family Trust rather than E & J. 4. Two Family Trust covenants and agrees that the leased premises and all buildings and appurtenances constructed thereon shall be used and occupied only as and for the storage of furniture and lumber and the wholesale sale of lumber. The premises shall be used for no other purpose without the express written consent of Brewster, which consent shall not be unreasonably withheld. Articles V and VII of the Lease are hereby modified consistent with the terms of this Paragraph. 5. Article XVI of the Lease shall list P.O. Box 1848, Orleans, Massachusetts 02653 as the designated address for Two Family Trust. 6. Except as herein modified, the Lease is hereby ratified and confirmed. • 1 EXECUTED as a sealed instrument this 24.day of - pm , 2 3 Sealed and delivered in the E & J Realty Trust presence of: Edward H. Bill, Trustee Two Family Trust mes F. Ti . inor $rewster arrou04opmenY Finamiig-Authority Town of Brewster Board of Selectmen By: c. e . Chairman Board of Selectmen Town of Brewster 2 INDENTURE OF LEASE THIS INDENTURE OF LEASE is made as of the 24 day of September, 1985, by and between BREWSTER INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY of the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, (hereinafter "Lessor") and E & J Realty Trust u/d/t dated (hereinafter "Lesse').- September , 1985 and recorded with the Barnstable Registry of Deeds of 94 Pontiac 1 ert, Hyannis, MA ARTPremises 1. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor upon and subject to the terms and provisions of this Lease, a certain parcel of land situated in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, described as Lot No. 3 ,: as shown on the Master Plan of Freemen's Way Industrial Park on file in the Town Hall, Brewster, Massachusetts, a copy of which attached hereto and made a part hereof. 2. The Lessor represents that it has the full right, power and authority to enter into this Lease for the term herein granted and that the leased property may be used by the Lessee during that entire term for the purposes herein set forth. 3. The Lessor hereby covenants and agrees that the Lessee has access to the leased premises over the untitled way running through the Freemen's Way Industrial Park as shown on the Master Plan of Freeman's Way Industrial Park on file at the Town Hall, Brewster, Massachusetts. ARTICLE II Term of Lease 4. The term of this Lease shall be thirty (30) years commencing on September 24 , 1985 and ending on September 23 , 2015, both dates inclusive unless sooner terminated as herein provided. A Notice of Lease.. sh._a_Ll be recorded a. the_arnstab]e __Corunty_ _ Registry of Deeds pursuant to Mass. G.L. c. 183, Section 4. ARTICLE III Minimum Rent 5. The Lessee covenants and agrees to pay the Lessor, at Lessor's Office in Brewster, Massachusetts, or at such place as Lessor shall from time to time designate in writing minimum rent for the leased premises of Five Hundred and 00/100 ($500.00) Dollars per acre, per year, payable in advance, the first date of payment to be made on the date that this Lease is signed and executed by both parties, and then payable every six (6) month 1 thereafter. 6. At the election of the Lessor, the minimum rent to be paid by the Lessee shall be increased in three (3) year' increments, the first such increase to be made onSeptember 2,4 1988. Said increase shall be determined by Lessor in his sole discretion but after consultation with Lessee, and shall be based on the costs and expenses incurred by the Lessor in operating and maintaining Freeman's Way Industrial Park. Said increase shall not exceed $100 per acre per year. 7. It is the intention of the parties that the rent payable hereunder shall be net to the Lessor, so that this Lease shall yield to Lessor the net annual rent specified herein, without offset or deduction, during the term of this Lease, and that all costs, expenses and obligations of every kind and nature whatsoever relating to the leased premises shall be paid by the Lessee. ARTICLE IV Option to Renew 8. The Lessee may extend the term. of this Lease for a further term of twenty (20) years, upon the same terms and conditions as herein set forth except that the rent shall be increased pursuant to Article III, Paragraph 6, of this Lease. The Lessee shall notify the Lessor in writing prior to a date ninety (90) days before the effective date of termination as to whether it intends to exercise this option to extend Lease. ARTICLE V Construction and Maintenance of Building 9. Lessee shall have the right, at its own costs and expense, to construct on any part or all of the leased premises, at any time and from time to time, such buildings, parking areas, driveways, walks, and other similar improvements as the Lessee shall from time to time determine, provided that the same shall be in compliance —with a-1—the—tth en - applicable— rwilding codes and ordinances of the Town of Brewster, and Commonwealth of Massachusetts. Lessee shall at all times during the term of this Lease, and at its costs and expense, keep and maintain or cause to be kept and maintained in repair and good condition, ordinary wear and tear excepted, all buildings and improvements at any time errected on the leasehold premises, and shall use all reasonable precaution to prevent waste, damage or injury. 10. At the time of the commencement of the term of this Lease, the Lessee shall submit to the Lessor for its approval, which approval shall not be unreasonably delayed or withheld, plans and specifications for the proposed construction on the leased property for a building or buildings, other appurteneant 2 improvement to be used for the following purpose: wooden Manufacture ofAbookshelves and store fixtures with space for a tenant, see Addendum to Indenture of Lease. The premises shall be used for no other purpose without the express written consent of Lessor, which consent shall not be unreasonably withheld. Promptly after approval by the Lessor of the proposed building plans and specifications, the Lessee agrees that he shall at his own costs and expense, construct said building and appurteneant improvements on the leased property. Any request by the Lessee for a building permit from the Inspector of Buildings from the Town of Brewster must be accompanyed by a site plan and building plan upon which is affixed the signature of the Lessor, signifying its approval of the same. The building or buildings and improvements constructed by the Lessee shall remain the personal property of the Lessee, provided that Lessee shall remove said buildings and improvements within ninety (90) days following the expiration of this lease, or any option extending this lease. Lessee agrees to remove said buildings and improvements within that ninety -day period, and to return the leased premises to its original condition (excepting trees or other growth removed for construction). If the buildings and improvements are not removed within the ninety -day period, said buildings and all improvements shall become the property of the Lessor at no cost to the Lessor. 10. All septic systems constructed in connection with said building shall conform to all requirements of the State Environmental Code relative to subsurface disposal of sanitary sewage, and plans for said septic systems shall be approved by the Board of Health of the Town of Brewster, 11. Water shall be supplied to the leased premises and buildings and appurtenances constructed thereon by means of a well, which well should be constructed and maintained by Lessee at his sole expense. 12. Except as specifically here and otherwise provided, Lessee agrees that from and after the date of possession of the builcri`nss-znd appirtenance5--conrstructe-d- on -the -leased -premises, he shall keep the same neat and clean and will maintain same in good order, condition and repair, including, without limitation, the exterior portions of all doors, windows, plumbing and sewage facilities, if any, within and serving the. building and appurtenances constructed on the leased premises, fixtures and exterior walls, roofs, signs (including exterior signs where permitted). The Lessee further agrees that the building and appurtenances constructed on the leased premises shall be kept in a clean, sanitary and safe condition in accordance with the laws of the Commonwealth of Massachusetts and ordinances of the Town of Brewster, and in accordance with all directions, rules and regulations of the Health Officer, Fire Marshall, Building Inspector, and other proper officers of the governmental agencies 3 having jurisdiction thereover. Lessee further agrees that he shall not permit or commit any waste on the leased premises and the building and appurtenances constructed thereon. 13. Lessee agrees and covenants that he shall not make any exterior alterations, improvements and/or additions to the buildings and appurtenances constructed on the leased premises without first obtaining, in each instance, the written consent of the Lessor, which consent shall not be unreasonably withheld. ARTICLE VI Utilities 14. The Lessee convenants and agrees to pay for all charges for gas, electricity, light, heat, power and telephone or other communcation services used, rendered or supplied upon or in connection with the lease premises and the building constructed thereon, and shall indemnify the Lessor against any liability or damages on such counts. ARTICLE VII Maintenance and Use of Leased Premises 15. The Lessee covenants and agrees that the leased premises and all buildings and appurtenances constructed thereon shall be used and occupied only as and for the following purpose: wooden Manufacture ofbookshelves and store fixtures with space for a tenant, see Addendum to Indenture of Lease. The premises shall be used for no other purpose without the express written consent of Lessor, which consent shall not be unreasonably withheld. Any changes alterations, or other deviations from the aforementioned use of the premises by the Lessee, shall be prohibited unless first approved in writing by the Lessor. If in the opinion of the Lessor, the premises or -any part —thereof are - not being used in the usual and legitimate manner in the conduct of such business, the Lessor may give the Lessee written notice requiring the Lessee to terminate such improper use within thirty (30) days thereafter. Failure to comply with such request shall constitute a breach of this Lease, which will entitle the Lessor to immediate possession of the premises hereby leased (in addition to all other remedies given to the Lessor in case of the breach of any of the conditions or covenants of this Lease). 16. The Lessee further covenants and agrees to conform to the following provisions during the entire term of this Lease: a. Lessee shall maintain a "greenbelt" 4 extending thirty (30) feet from the two side -yard lines and the rear -yard line of the leased premises, and shall remove no trees or other vegetation growing within this greenbelt. Lessee shall not be required to maintain a greenbelt along the southerly lot line where the leased premises abuts the existing greenbelt. b. Lessee shall landscape the leased premises and maintain the exterior of all buildings and appurtenances constructed thereon in a manner acceptable to the Lessor. c. Lessee shall store any and all goods, materials or other bulk substances which are visable from the way running from Freemen's Way Industrial Park so as to screen said stored goods from public view. d. Lessee shall not use salt or any other chemical solvents or chemical materials on the walkways, driveways and parking areas within the leased premises. e. Lessee shall keep all garbage or other refuse in containers approved by the Lessor. f. Lessee shall be responsible for the removal of all garbage and/or refuse from the leased premises and the buildings and appurtenances thereon. 17. All signs erected on the leased premises or any buildings or appurtenances thereon shall comply with the provisions of the Brewster By -Laws pertaining to signs. 18. The Lessor shall be responsible for maintenance and snow removal of the untitled way running through Freeman's, Way Industrial Park as shown on the Master Plan for Freemen's Way Industrial Park on file at the Town Hall, Brewster, Massachusetts, and Lessee shall be responsible for maintenance and snow removal of the private driveway connecting said untitled way with the leased premises and buildings and appurtenances constructed thereon. 19. All on -street parking by Lessee or Lessee's agents, servants, employees, customers, or other persons on the leased premises, shall be prohibited. Parking facilities for Lessee or Lessee's agents, servants, employees, customers, or other persons on the leased premises, shall be provided by the Lessee, said parking facilities to adjoin the building and appurtenances constructed on the leased premises pursuant to Paragraph 8 of this Lease. 5 ARTICLE VIII Covenant Against Liens 20. If, because of any act or omission of the Lessee, any Mechanics Lien or any other Lien, charge or order, for the payment of money should be filed against the Lessor or any portion of the leased premises, the Lessee shall at his own cost and expense, cause the same to be discharged of record or bonded within ninety (90) days after written notice from the Lessor to the Lessee of the filing thereof; and the Lessee shall indemnify and save harmless the Lessor against and from all costs, liabilities, suits, penalties, claims and demands, including reasonable counsel fees resulting therefrom. ARTICLE IX Indemnity and Public Liability Insurance 21. Lessee agrees to indemnify and save harmless Lessor from and against any and all claims of whatever nature arising from any act, omission or negligence of Lessee, or Lessee's contracts, licensees, agents, servants or employees, or arising from any accident, injury or damage whatsoever caused to any person, or to the property of any person occurring during the term hereof in or about the leased property or the building constructed thereon. This indemnity and hold harmless agreement shall include indemnity against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. 22. Lessee covenants and agrees to maintain in full force and during the term hereof a policy of public liability and property damage insurance under which the Lessee and the Lessor are named as insureds and under which the insurer agrees to indemnify and hold the Lessor and those in privity of estate with Lessor harmless from and against all costs, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages mentioned in Paragraph 20 of this Article IX. Each such policy shall be —non -cancellable with —respect —to --- Lessor and Lessor's said designees without ten (10) days prior written notice to Lessor, and a duplicate policy original or certificate thereof shall be delivered to Lessor. The minimum limits of liability of such insurance shall be Five Hundred Thousand and 00/100 ($500,000.00) Dollars for injury (or death) per person, Five Hundred Thousand and 00/100 ($500,000.00) Dollars with respect to property and One Million and 00/100 ($1,000,000.00) Dollars aggregate of all claims per occurrence. 23. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor as a result of (a) failure by the Lessee to perform any covenant required to be performed by the Lessee hereunder; (b) any 6 accident, injury or damage which shall happen in or about the leased property or appurtenances, or on or under frthe omandjoining streets, sidewalks, curbs or vaults (resulting activities occurring on the Lessee's premises or from or related to any of Lessee's activities); (c) failure to comply withrequirements of any governmental authority; and (d) any mechanic's lien or security agreement filed against the leased property, any equipment therein, or any materials used in the construction or alteration of any building or improvement thereon. ARTICLE X Assignment and Subletting 24. Without the consent of the Lessor, which consent shall not be reasonably withheld, the Lessee shall not; a. assign this Lease or any interest therein, by operation of law or otherwise; b. sublet the premises or any part thereof, or any right or privilege appurtenant thereto; or c. permit any other person (the agents, servants, employees and customers of the Lessee excepted) to occupy or use the premises, or any portion thereof. 25. The Lessor's consent to any such assignment, subletting or occupancy shall not relieve the Lessee from any obligation under this Lease. ARTICLE XI Subordination 26. Lessor hereby convenants and agrees that during the term of this Lease and in any extensions thereof, the Lessor shall not have the right or power to mortgage or otherwise create any security —or —other -liens — encumbrances upon or affecting the fee interest in the leased premises or buildings, improvements, fixtures, equipment or other property thereon, or any part thereof, at any time and from time to time, and the eLeLessor o, shshall not have the right or power to mortgage or modify, replace, refinance or otherwise change or effect any mortgage at any time or from time to time created by the Lessee pursuant to this Lease. 27. The Lessee shall have the right, at any time and from time to time, during the term of this Lease, as the same may be renewed and extended to subject the fee interest of the Lessor in the leased premises or any otoparts allebuildingslandnother rights and easements appurtenant improvements thereon, at any time and from time to time, to any one or more "Permitted Mortgages". If the Lessee shall desire and obtain a commitment for such a Permitted Mortgage or Refinancing, lessee shall give Lessor written notice thereofand of the closing date therefor, at least fifteen (15) days prior thereto. Lessor agrees that it shall, at or prior to the closing of such Permitted Mortgage or Refinancing, execute, acknowledge and deliver such instruments and documents as shall be required on desired by, and in form satisfactory to, the Lending Institution in order to effect such Permitted Mortgage or Refinancing and hereby irrevocably appoints Lessee its attorney -in -fact to execute, acknowledge and deliver any of the foregoing in the name and stead of Lessor. Lessee (subject to the exculpation provisions of this lease and of each Mortgage) covenants and agrees to make all payments of interest and amoritization under any such Permitted Mortgage and to pay all of the costs and expenses incurred in connection therewith, all of which shall be paid by Lessee directly to the aforesaid Lending Institution as and when the same shall be due and payable. ` Lessor covenants and agrees that Lessee alone shall be entitled to all of the proceeds from any such Permitted Mortgage at any time and from time to time effected pursuant to this lease, and Lessor shall not be entitled to, and shall not receive, and shall have no interest in, such proceeds or any part thereof, and hereby directs the aforesaid Lending Institution granting such Permitted Mortgage to pay the aforesaid proceeds directly to Lessee and hereby covenants to execute any further documents which may be required by the aforesaid Lending Institution for such purpose. If, nevertheless, the aforesaid Lending Institution shall refuse to pay the proceeds of such Permitted Mortgage to a party other then Lessor, or Lessor and Lessee jointly, then Lessor agrees to hold all checks (or other orders for the payment of money) or cash proceeds received by it from the said Lending Institution, in trust, and to forthwith endorse (if necessary) and turn same over to Lessee. 28. Lessor and Lessee agree that this Lease and the fee interest of Lessor in the Leased Premises shall be, and hereby are made, subject and subordinate at all times to the lien of each and every Mortgage (herein called "Permitted Mortgage") which may at any time, --and from time to times - heretmalter—affect all or---an-y part of the fee of the Leased Premises, including all rights and easements appurtenant thereto and the buildings and improvements thereon, at any time and from time to time, and to any and all Refinancing thereof, obtained from a Lending Institution (as hereinafter defined). For the purposes of this Lease the term "Lending Institution" shall mean any insurance company, bank or trust company; college, university, charitable institution or union; pension, profit or retirement fund or trust; governmental agency or fund; or other financial or lending institution whose loans on real estate or with respect thereto are regulated by state or federal law. 29. Each Permitted Mortgage shall contain the following 8 provisions, among others, in form satisfactory to the Lending Institution: (1) A provision, unless waived by Lessee, obligating the Lending Institution to release insurance and condemnation proceeds to Lessee or any sublessee authorized by Lessee (in a manner satisfactory to the Lending Institution) for repairs, rebuilding, replacements and/or restoration, or permit the Mortgage to be prepaid without prepayment penalty of any kind if it elects not to release the game. (2) A provision exculpating Lessor from liability for any default under the Mortgage, beyond the leasehold and fee interests in the Leased Premises and all buildings and other improvements on the Leased Premises or any part thereof, and that the Lending Institution shall look solely to such interests for the satisfaction of any and all remedies it may have upon any default under the Mortgage and shall not seek or enforce any deficiency or other personal judgment against Lessor. (3) A provision in form satisfactory to the Lending Institution, that both Lessor and Lessee shall receive all notices required or desired to be given by the Lending Institution and that, if any default is not cured by Lessee within the period of time permitted under the Permitted Mortgage, the Lending Institution shall accept performance of the covenant in default by Lessor, if the same is performed within a reasonable specified time thereafter. 30. Any Permitted Mortgage may also contain, at Lessee's option, so-called open-end provisions for futher advances thereunder. All the provisions of this Section shall apply to such subsequent advances as fully and with the same force ana effect as with respect to the origins advance —and loan. The—tcrm "Mortgage,"_ - whenever used herein shall include whatever security instruments are used in the locale of the Leased Premises, such as, without limitation, deeds of trust, security deeds and conditional alhdedeeds, as well as financing statements security agreements documentation required pursuant to the Uniform Commercial Code. The term "Mortgage" whenever used herein, shall also include any instruments required in connection with a sale -leaseback transaction with a Lending Institution. ARTICLE XII Compliance with Regulations 9 31. The Lessee shall throughout the term of this Lease, at its sole expense, promptly comply with all laws and regulations of all federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof, and the orders and regulations of the National Board of Fire Underwirters, or any other body now or hereafter exercising similar functions, which may be applicable to the leased property and the fixtures and equipment thereon. 32. The Lessee covenants and agrees with the Lessor to obey and comply with the Rules and Regulations attached hereto as Exhibit "A", which Rules and Regulations may be amended, modified or deleted by Lessor. ARTICLE XIII Lessor's Access to Premises 33. If repairs to the exterior of the building and all appurtenances constructed on the property are required to be made pursuant to the terms hereof, Lessor may demand that Lessee make the same forthwith, and if Lessee refuses or neglects to commence such repairs and complete the same with reasonable dispatch, after such demand, Lessor may (but shall not be required to do so) make or cause such repairs to be made and shall not be responsible to Lesse for any loss or damage that may accrue to his stock or business by reason thereof. If Lessor makes or causes such repairs to be made, Lessee agrees that he will forthwith, on demand, pay to Lessor the cost thereof, and if he shall default in such payment, Lessor shall have the remedies provided in Article XIII hereof. ARTICLE XIV Lessor's Remedies 34. Any one of the following shall be deemed to be an "Event of Default": a. Failure on the part of Lessee to make payment -of =rent —or —any - other monetary amount -- due under this Lease within thirty (30) days after Lessor has sent to Lessee notice of such default. However, if (i) Lessor shall have sent to Lesses a notice of such default, even though the same shall have been cured and this Lease is not terminated; and (ii) during the same calendar year in which said notice of default has been sent by Lessor to Lessee, Lessee thereafter shall default in any monetary payment, the same shall be deemed to be an Event of Default upon Lessor giving Lessee written notice thereof without the thirty (30) day grace period set forth above. 10 b. With respect to a non -monetary default under this Lease, failure of Lessee to cure the same within thirty (30) days after Lessor has sent Lessee notice of such default or such additional time as might be reasonably required to cure the default. Lessee shall be obligated to commence forthwith and to complete as soon as possible the curing of such default; and if Lessee fails to do so, the same shall be deemed an Event of Default. However, if (i) Lessor shall have sent to Lessee a notice of such default, even though the same shall have been cured and this Lease not terminated; and (ii) during the same calendar year in which said notice of default has been sent by Lessor to Lessee, Lessee thereafter shall be deemed to be an Event of Default upon Lessor giving Lessee written notice thereof, and Lessee shall have no grace period within which to cure the same. 35. Should any event of default occur, Lessor may, in addition to any and all remedies otherwise available to Lessor under Massachusetts law, send written notice to Lessee terminating the term of this Lease, and upon the thirtieth (30th) day following the mailing of such notice of termination, the term of this Lease shall terminate. 36. Lessee covenants and agrees, notwithstanding any termination of this Lease as aforesaid or any entry or re-entry by Lessor, whether by summary proceedings, termination or otherwise, to pay and.be liable for on the days originally fixed herein for the payment thereof, amount equal to the several installments of rent and other charges reserved as they would, under the terms of this Lease, become due if this Lease had not been terminated or if Lessor had not entered or re-entered, as aforesaid, and whether the demised premises be relet or remain vacant, in whole or in part, or for a period less than the remainder of the term, and for the whole thereof; but in the event the demised premises be relet by Lessor, Lessee shall be entitled to a credit in the amount of rent --received by -Lessor' in relenting, after deduction -- of all expenses incurred in reletting the demised premises (including, without limitation, remodelling costs, brokerage fees, and the like), and in collecting the rent in connection therewith. As an alternative, at the election of Lessor, Lessee will upon such termination pay to Lessor, as damages, such a sum as at the time of such termination represents the amount of the excess, if any, of the then value of the total rent and other benefits which would have accured to Lessor under this Lease for the remainder of the Lease term if the Lease terms had been fully complied with by Lessee over and above the then case rental value (in advance) of the premises for the balance of the term. 37. If this Lease shall be guaranteed on behalf of Lessee, all 11 of the foregoing provisions of this Article with respect to bankruptcy of Lessee, etc., shall be deemed to read "Lessee or the guarantor hereof". 38. Lessor shall in no event be in default in the performance of any of Lessor's obligations hereunder unless and until the Lessor shall have failed to perform such obligations within thirty (30) days or such additional time as is reasonably required to correct any such default after such notice by Lessee to Lessor properly specifying wherein Lessor has failed to perform any such obligation. ARTICLE XV Surrender 39. The Lessee will, during the term of this Lease and all continuations thereof, keep, and at the expiration thereof, peaceably surrender possession of the leased premises, in good order and condition, reasonable wear and tear excepted, and free from all ashes, dirt and refuse matter, and will at the expiration of said term or any continuance thereof, allow Lessor to take possession of the leased premises. ARTICLE XVI Notice 40. Any notice under this Lease must be in writing and must be sent by registered or certified mail to the last address of the party to whom the notice is to be given, as designated by such party in writing. The Lessor hereby designates its address as Town Hall, Brewster, Massachusetts 02631. The Lessee hereby designates its address as 94 Pontiac Street, Hyannis, MA 02601. ARTICLE XVII Waiver 41. Failure on the part of either —party—to c-ompla n --of ny action or non -action on the part of the other, no matter how long the same may continue, shall never be deemed to be a waiver by such party of any of its rights hereunder. Further, it is covenanted and agreed that no waiver at any time of any of the provisions hereof by either party shall be construed as a waiver of any of the other provisions hereof, and that a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval to or of any action by either party requiring such consent or approval shall not be deemed to waive or render unnecessary such consent or approval to or of any subsequent similar act by such party. 12 42. No payment by Lessee, or acceptance by Lessor, of a lesser amount than shall be due from Lessee to Lessor shall be treated otherwise than a payment on account. The acceptance by Lessor of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that such lesser amount is payment in full, shall be given no effect, and. Lessor may accept such check without prejudice to any other rights or remedies which Lessor may have against Lessee. 43. Unless prohibited by applicable law, Lessee agrees to pay to Lessor the amount of all legal fees and expenses incurred by Lessor arising out of or resulting from any act or omission by Lessee with respect to this Lease or the leased premises and all buildings and appurtenances constructed thereon, including without limitation, any breach by Lessee of its obligations hereunder. ARTICLE XVIII Miscellaneous 44. This Lease shall be governed by, construed, and enforced in accordance with the laws of the Comthonwealth of Massachusetts. 45. This Lease contains the entire agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties. 46. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the. application of such term or provision to persons or circumstances other than those as to which it is held valid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 47. Except as herein expressly provided, the terms of this Lease shall be binding upon and shall enure to the benefit of the heirs, successors and assigns, respectively of Lessee and Lessor. Each term and each provzsion—cl t -h -is - Leas-e-to—be-per-f-ormed by Lessee shall be construed to be both a covenant and a condition. The reference contained to successive heirs, successors and assigns of the Lessee does not attempt to constitute a consent to assignment by Lessor, but has reference only to those instances in which Lessor may later give written consent to a particular assignment as required by the provisions of Article X . 13 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year aforesaid. Sealed and delivered in BREWSTER INDUSTRIAL DEVELOPMENT the presence of: FINANCING AUTHORITY BY :7 r t k b12 ✓ Z-eLGZr MILTON SHAW, Chairman Its LESSOR 4/' 4, LESSEE -EDWARD H. B LL, Trustee of E & J Realty Trust 14 EXHIBIT "A" Rules and Regulations The Lessee covenants and agrees with the Lessor to obey the following Rules and Regulations: 1. All loading and unloading of goods shall be done only in the areas and through entrances as designated on the site plan approved by the Lessor pursuant to Paragarph o of the Lease. 2. All garbage and refuse shall be kept in containers approved by Lessor, placed in a location within the leased premises approved by Lessor and prepared for collection in a manner and at a time approved by Lessor. If the Lessor shall provide or designate a service for picking up refuse and garbage, the Lessee shall use the same at its cost; the Lessee shall pay the cost of removal of any of its rubbish or refuse. 3. No loudspeakers, televisions, phonographs, radios, or other devises shall be used in a manner so as to be heard or seen outside of the leased property. 4. The leased premises shall be landscaped and kept clean from dirt and rubbish by the Lessee in a manner acceptable to Lessor. 5. The Lessee and the Lessee's employees shall park their cars only in those parking areas designated on the site plan approved by the Lessor pursuant to Paragraph 8 of the Lease. 6. The Lessee shall keep the leased premises reasonably free from pests, rodents, or other vermin, and shall, if directed by the Lessor, use a pest extermination service. 7. The Lessee shall not burn any trash or garbage of any kind in or about the leased premises. ADDENDUM TO INDENTURE OF LEASE This addendum to indenture of lease is made as of day of September, 1985, by and between Brewster Industrial Development Financing Authority of the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, (hereinafter "lessor") and E. & J. Realty Trust (hereinafter "lessee"). The lessor hereby acknowledges and agrees that the proposed commercial structure on Lot No. 3, as shown on the master plan of Freemen's Way Industrial Park provides space for a tenant. Said tenancy is subject to the prior approval of the lessor and the Water Quality Review Committee of the Town of Brewster. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year aforesaid. Sealed and delivered in BREWSTER INDUSTRIAL DEVELOPMENT the presence of: FINANCING AUTHORITY a BY: be- MILTON SHAW, Chairman Its (- tti-A„ 4 46( / ...rti„, A& . LE SSEE- - RD H. BILr, Trustee of E & J Realty Trust Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Memo To: Brewster Select Board From: Erika Mawn, Executive Assistant Date: October 13, 2022 Re: Non-Brewster Voters on Ad Hoc and Advisory Committees On November 1, 2021 the Select Board adopted policy #6; Select Board Appointments to Town Committees. In this policy under the Purpose, it states that non-Brewster voters may be appointed to certain ad hoc and advisory committees. The Select Board will explicitly identify opportunities for non-Brewster voters to seek appointments to such committees. At this time, the Select Board has not identified which ad hoc and advisory committees non- Brewster voters may apply to. The committees listed below are the ones that the Select Board have authority over. We are requesting that the Select Board identify which committees non- Brewster voters may be appointed to. Committee / Board All Access Citizens Bicycle and Pedestrian Committee Cemetery Commission Crosby Property Committee Cultural Council Energy Committee Human Services Committee Natural Resources Advisory Commission Open Space Committee Pleasant Bay Alliance Vision Planning Committee Office of: Select Board Town Administrator FINAL Select Bd Appt Policy; version Oct. 28 Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 BREWSTER SELECT BOARD POLICY #6 SELECT BOARD APPOINTMENTS TO TOWN COMMITTEES Date Adopted: _____ A. DEFINITIONS 1. Ad hoc committee: A committee formed for a limited period of time for a specific and temporary purpose. 2. Advisory committee: A committee that acts only in an advisory capacity to the Select Board with no authority to bind the Select Board, e.g., the Bikeways and Human Services Committees. 3. Alternate member: A committee member appointed to sit on the committee in the case of an absence, inability to act, or conflict of interest on the part of a regular member or in the event of a vacancy (Town Charter 5-3-1). 4. Appointed committee: A committee in which the members are appointed rather than elected. 5. Committee: Any multiple-member public body, including boards and commissions. 6. Elected committee: A committee in which the members are elected by town voters. 7. Public body: All multiple member committees, boards, and commissions, elected or appointed, or otherwise authorized under state law, town charter, or as appropriate, by the Select Board, to serve a public purpose. 8. Regulatory committee: A committee with financial or regulatory authority granted by state law and/or town charter, e.g., the board of health, planning board, and school committee. 9. Standing committee: A permanent committee. B. PURPOSE 1. Appointing authority. The Select Board is the appointing authority for all non- elected, multiple member committee positions. It appoints jointly with a second public body for certain elected committee vacancies (covered by a separate policy, number 6A, dated November 1, 2021). The Select Board may create and make appointments to ad hoc and advisory committees as it deems necessary. The Town Moderator is the appointing authority for certain committee positions not covered by this policy. (See Appendix A). 2. Appointment process. This policy describes the process used by the Select Board to appoint volunteers to Town committees, boards, and commissions where members are not elected. 3.Resident involvement.The Town encourages resident involvement in decision- making through participation on committees and relies on qualified volunteers Office of: Select Board and Town Administrator 11 / 01 / 2021 Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 playing active committee roles. 4. Appointment process goals. The members of a committee should be selected so as to provide the strongest possible group for the handling of any task that may arise within the province of that committee. The Select Board seeks to appoint qualified Brewster residents who are broadly representative of the demographics and experiences of residents in Town and whose skill set matches the particular committee’s needs. The Select Board aims to have balanced and diverse representation on committees wherever feasible. 5. Town employees and non-Brewster voters. Town of Brewster employees may be appointed to a committee at the appointing authority’s discretion, subject to the Conflict of Interest law and any other general or special laws. Non-Brewster voters may be appointed to certain ad hoc and advisory committees. The Select Board will explicitly identify opportunities for non-Brewster voters to seek appointment to such committees. Town employees and non-Brewster voters appointed to serve on such committees will be full voting members unless otherwise outlined in the committee charge. C. SELECTION CRITERIA 1. The applicant is registered to vote in Brewster, with certain exceptions for appointed ad hoc and advisory committees, as discussed above. 2. Successful applicants will demonstrate: a. Broad perspective and concern for Brewster’s welfare and progress; b. Familiarity with Brewster’s issues, government processes, and plans, including without limitation the Vision Plan; c. Interest in duties and responsibilities of the committee, board, or commission under consideration; d. Willingness to devote time and effort toward the committee’s work; e. Basic awareness and understanding of pertinent laws, bylaws, regulations, and policies; f. Relevant professional and/or personal experience/expertise; g. Effective teamwork and communication skills; and h. Commitment to carrying out the duties of the committee in the best interest of the Town according to applicable law and regulations and not to advance or create the appearance of advancing a personal agenda. 3. Under the Town Charter, no person who has been recalled from an office or who has resigned from office following the filing of a recall petition shall be appointed to any Town office within 2 years after such recall or such resignation (Charter 2- 12-1-G). D. REMOVAL BY SELECT BOARD FROM APPOINTED POSITION 1. Under the Town Charter, any person appointed to a multiple member committee by the Select Board may be removed by the Select Board following written notice and the opportunity for a public hearing (Charter 5-1-1-B). E. PROCESS FOR SELECT BOARD APPOINTMENTS TO NON-ELECTED COMMITTEES (See chart that follows) 1. Advertising (Responsibility: Town Administration) a. Vacancy notices are posted with guidance on how to apply. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 2. Application Initial Review (Responsibility: Town Administration) a. Applicant submits application (see Appendix B) and other materials to Town Administrator’s office. b. Upon receipt, staff reviews application for completeness and, if satisfied that the application is complete, forwards the application to the Town Clerk. 3. Eligibility Confirmation (Responsibility: Town Clerk) a. The Town Clerk notes the applicant’s voting status on the “Committee Application Screening and Action Form” and returns the form to Town Administration, who then forwards the application materials to the Select Board Liaison. 4. Screening and Recommendation (Responsibility: Select Board Liaison) a. The Select Board Liaison assigned to the committee on which a vacancy has occurred conducts applicant screening, and then submits their recommendation to Town Administration staff, using “Select Board Committee Application Screening Form” (See Appendix C). Screening activities include reviewing application materials, interviewing applicant, and conferring with the committee chair. 5.Notice of Proposed Appointment (Meeting #1)(Responsibility: Town Administration) a. For applicants recommended for appointment by the Select Board Liaison, the “Select Board Committee Application Screening Form” with the Liaison’s recommendation and application materials are published in a Select Board meeting packet at least one week prior to the meeting at which a vote on the appointment will be held. 6. Select Board Vote (Meeting #2) (Responsibility: Select Board) a. The recommended appointment is placed on Select Board meeting agenda, including the name of the candidate, if known. b. The Select Board deliberates on the recommended appointment and votes. c. A simple majority vote is required to confirm or reject the appointment. 7. Notification of Decision (Responsibility: Town Administration) a. Town Administration then notifies the applicant of the Select Board’s decision: i. If appointed, Town Administration notifies the applicant of their appointment and directs the appointee to be sworn in by Town Clerk before participating in a public meeting. The appointment certification form is forwarded by Town Administration to the appointee and the Town Clerk, along with the required Certification of Compliance with any applicable laws, including without limitation the Open Meeting Law, Public Records Law, and Conflict of Interest Law. ii. If the applicant is not appointed, Town Administration notifies the Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 applicant; other vacancies may be considered and the application can be kept on file. F. APPOINTMENTS TO AD HOC COMMITTEES (Responsibility: Town Administration and Select Board) 1. The Select Board may request the Town Administrator perform screening and make recommendations to the Select Board for appointments to ad hoc committees. 2. The same application form is used as with standing committee applications and the same two meeting publication processes will be used (though no Select Board Liaison recommendation occurs). 3. For ad hoc committees, Town Administration will evaluate applications and forward recommendations to the Select Board for deliberation and vote at a public meeting. 4. The Select Board will clearly identify opportunities that non-Brewster voters are eligible to apply for. G. RE-APPOINTMENT TO COMMITTEE (Responsibility: Town Administration and Select Board) 1. Committee members whose terms are expiring should notify Town Administration, by email or in writing, if they wish to be re-appointed no later than 30 days before the end of their term. 2. For members wishing to be re-appointed, Town Administration will notify the Select Board Liaison to the Committee and the Committee Chair. 3. The Select Board Liaison will consult with the Committee Chair and inform Town Administration of a recommendation for re-appointment. 4. If a committee member is recommended for re-appointment: i. Meeting #1: Town Administration will publish member’s request for re- appointment and re-appointment recommendation by the Select Board Liaison in a Select Board packet at least one week prior to the meeting at which a vote on re-appointment will be held. ii. Meeting #2: The recommendation for re-appointment will be placed on the Select Board meeting agenda, including the member’s name. The member’s request for re-appointment and the Select Board Liaison’s recommendation for re-appointment will be published in Select Board meeting packet. iii. A simple majority vote is required to confirm or reject the re- appointment. 5. If a member does not wish to be re-appointed, a vacancy will be added to the Town-maintained committee vacancy list. H. APPOINTMENTS TO COMMITTEES COMPRISED OF OTHER COMMITTEE MEMBERS (Responsibility: Town Administration and Select Board) 1. Certain Town Committees are formed of members representing other Town committees and departments, e.g., the Water Quality Review Board and the Brewster Affordable Housing Trust. 2. The Select Board makes appointments to these committees based on the recommendation of the contributing committee and/or applicable Town bylaws or charter provisions. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Approved by the Brewster Select Board on: ___________________________ ___________________________ Cynthia Bingham, Chair David Whitney, Vice Chair ___________________________ ___________________________ Edward Chatelain, Clerk Mary Chaffee ___________________________ Kari Hoffmann Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 FLOWCHART: SELECT BOARD APPOINTMENT PROCESS FOR NON-ELECTED COMMITTEE VACANCIES APPLICATION: Applicant submits application to TA Office. APPLICATION INITIAL REVIEW: TA reviews application for completeness; forwards to Town Clerk. ELIGIBILITY: Town Clerk confirms applicant’s voter status (unless exempt); returns application to Town Administration. SELECT BOARD LIAISON ACTION: Town Administration forwards application materials to Select Board Committee Liaison who: o Evaluates application materials & interviews applicant. o Confers with Committee Chair; Chair may interview applicant also. o Checks at least one local reference if needed. o Determines recommendation. IF APPLICANT RECOMMENDED FOR APPOINTMENT NOTIFICATION. Other vacancies may be considered & application kept on file. NOTICE OF PROPOSED APPOINTMENT (MEETING #1) Select Board Liaison submits Recommendation Summary to TA. Recommendation Summary & application materials are included in Select Board packet for review at least 1 week prior to vote. NOTIFICATION: TA notifies applicant and Town Clerk of appointment. SWEARING IN Applicant sworn in by Town Clerk and Committee service begins. SELECT BOARD VOTE (MEETING #2) Recommended appointment is placed on Select Board agenda. Select Board votes; simple majority vote required to appoint. ADVERTISING: Town Administration (TA) advertises committee vacancies. IF APPLICANT NOT RECOMMENDED APPLICANT IS APPOINTED APPLICANT NOT APPOINTED NOTIFICATION. Other vacancies may be considered & application kept on file. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix A Town of Brewster Committee Appointing Authorities APPOINTING AUTHORITY RESPONSIBLE FOR APPOINTMENTS TO: Select Board All multiple member non-elected committees* Ad hoc committees* Town Moderator vacancy Town Constable vacancy Old Kings Highway Historic District Committee – 1 seat (under charter) Housing Authority – 2 seats (state law) Select Board and Second Board with Joint Authority (see separate policy) Vacancies on elected public bodies: Board of Health Housing Authority Brewster School Committee Nauset Regional School Committee - Brewster seats Old Kings Highway Historic District Committee Planning Board Recreation Committee Town Moderator Finance Committee (all seats) Audit Committee (1 seat) Deputy Town Moderator Cape Cod Technical High School Committee Brewster representatives in accordance with regional school district agreement Finance Committee Audit Committee (2 seats) *Appointments managed under this Select Board policy. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall. After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. ______________________________________________________________________ 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. 11. OCCUPATION: Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. 21. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii.Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix D 1. Appointment Letter Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 [Date] Dear , Thank you for applying for appointment to a Town of Brewster Committee. I am pleased to inform you that on [date], you were appointed to: Your term will end: [Term end date] Please contact the Town Clerk to arrange your swearing in, which must be done prior to your participation in a committee meeting. Colette Williams, Town Clerk 2198 Main St., Brewster, MA 02631 Phone: (508) 896-4506 Email: townclerk@brewster-ma.gov Thank you for your willingness to serve our community. Sincerely, Peter Lombardi Town Administrator Office of: Select Board and Town Administrator Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 2. Non-appointment Letter Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 [Date] Dear [Applicant Name], Thank you for applying for appointment on a Town of Brewster Committee. You were not selected for this appointment, however, we would like to retain your application. We would like to be able to consider you when a future committee vacancy opens that interests you, and for which your background and experience would be a good fit. Volunteers make vital contributions to our community, and we appreciate your willingness to serve. If you have any questions about committee openings, please contact the Town Administrator’s Office or visit the Town website to review openings. Phone: (508) 896-3701 Email: townclerk@brewster-ma.gov Committee Openings: https://www.brewster-ma.gov/committee-openings Sincerely, Peter Lombardi Town Administrator Office of: Select Board and Town Administrator Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 Select Board Meeting 11.07.22 1 Agenda Item #20- For Your Information (FYIs) 1.September 2022 Housing Coordinator Update 2.CDBG November Report 3.Resident Comments Regarding Wing Island Boardwalk 4.MassPRIM Reports 5.Cultural Council Committee Application 6.Approved Minutes from Joint Meeting with Planning Board, Select Board and Vision Planning Committee 7.Letter of Thanks for the Town Clerk from Barnstable Town Council 8.Xfinity TV Service change 9.Friends of Brewster Elders November Newsletter Brewster Housing Coordinator Update September 2022 Jill Scalise Ongoing Activities/ Projects 1.Community Outreach and Education (Housing Production Plan (HPP) Strategy #14) Responded to email and phone requests for information and assistance, 55 total requests for housing information (33) or assistance (22). Reviewed and worked on housing pages for new Town website. Met with representatives from the Housing Partnership & Trust to plan a Community Housing Forum for Thursday October 27th 5-6:30PM at Brewster Ladies Library. Outreach to local organizations to participate. 2.Brewster Affordable Housing Trust (BAHT) (HPP assorted strategies, Select Board (SB) Strategic Plan H-1) Trust met & addressed items throughout update. Housing Trust Guidelines approved. 3.Community Housing Parcel off Millstone (SB Strategic Plan H-4, HPP Strategies #12 & 16) Preservation of Affordable Housing (POAH) & Housing Assistance Corporation (HAC) received a Project Eligibility Letter (PEL) from the Department of Housing & Community Development (DHCD) for the Low Income Housing Tax Credit Program. Met with POAH & HAC about next steps including holding a Community Outreach Session in October. 4.Redevelop Existing Properties for Affordable Housing (HPP Strategy #5) Serenity at Brewster (55+ rental housing, 27 affordable units): Leasing continued for both market rate and affordable units. 5.Comprehensive Permit Projects (HPP Strategy #16) Brewster Woods (30 affordable rental units): Construction delays continue. Met with POAH about construction schedule, opening date, and communication with folks on the lottery wait list. Habitat for Humanity Red Top Road (2 affordable homes): The Community Preservation Committee amended the award letter to allow the veteran’s preference home to be eligible at 80% Area Median Income. Regulatory Agreement approved by Select Board. Appropriate Town fees also waived by the Select Board. 6.Preservation of Housing and Related Support of Brewster Residents (SB H-3, HPP Strategy #20) Regional Community Development Block Grant (CDBG) Program continues, running smoothly. HAC facilitated over $26,000 of rent & mortgage assistance for Brewster residents this quarter, additionally 2 households were approved for an ongoing Brewster rental assistance subsidy. 7.Subsidized Housing Inventory (SHI) (HPP Strategy #21 & 22) Request for Quotes (RFQ) for the administration and oversight of preservation work and affordable resale of the 212 Yankee Drive approved by the Housing Trust & went out to bid. Response received. Continued coordinated follow-up on several SHI homes of concern. 8.Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2) Approved plan shared with the Partnership and Trust. Partnership discussed priorities moving forward. 9.Collaboration (HPP Strategy #7) Provided information for Local Comprehensive Plan & presented at the CPC Annual Public Hearing. Participated in HOME Consortium, HOME American Rescue Plan plan focus group, & Lower Cape Peer Group. Upcoming Activities/ Highlights Millstone Affordable Housing Community Virtual Information Session October 13th at 5PM by Zoom. Community Housing Forum will be held Thursday October 27th 5-6:30PM at Brewster Ladies Library. Personnel Participated in Housing Partnership & Housing Trust meetings. Also worked with: Assessor’s, Building, Council on Aging, Fire, Health, Planning, Public Works, and Town Administration. Attended MHP’s multi-session Housing training & AARP’s Livable Communities webinar. TO: Donna Kalinick, Jill Scalise, Peter Lombardi, Town of Brewster FROM: Cassie Boyd Marsh, Bailey Boyd Associates, Inc. DATE: October 31, 2022 RE: FY21 Brewster CDBG Program Monthly Update Administration: Administration continues to go well, funds are moving steadily. All FY21 grants have automatically been extended by DHCD through 12/31/23, and staff are aware of this change. Housing Rehabilitation: The HR program is officially off to the races for the year, with the first home under construction. 2 more have loan closings scheduled (10/31 and 11/11) and another three homes are out to bid for their contractor, with bids due this week. There are 4 homes are still moving through the approval process. The program is working with the family of a homeowner who recently passed away after they were approved into the program. The resident’s daughter lived in the home as well and is working through probate so they can still participate in the program. We’re hopeful that this project can still move forward and that these improvements will provide some good news to this grieving resident. The others are compiling the paper required to gain program approval, and TRI staff are working closely with each homeowner to help move them forward. So far, we are addressing 2 septic projects (one is an I/A system), 3 roof replacements and barrier removal in 2 homes . Barrier removal projects address health & safety concerns for residents with mobility challenges. Often these include walk in showers, ramps, etc. Once the applications in hand are under construction, the program will invite the next round from the waitlist to submit their full application. The program also recently held their annual contractor’s breakfast, and were glad to welcome 2 new contractors to the program. Our participating contractors are crucial to the success of this program and we’re lucky to have a great group who will continue to bid on these projects despite continued high demand outside the program. Childcare Subsidy Program: The Childcare program is also moving forward steadily. 17 families have submitted full applications and we’ve approved 10 so far- a total of 13 children. Those 13 children are receiving their childcare across 10 different licensed providers, each the best fit for the child and family’s needs. A third of the available funds for the year are encumbered, and we’ll expect that number to continue rising steadily. Of the families who have applied but are not yet approved, 2 are over the income limits and the others have been contacted by our staff with the items we need in order to approve them. Our staff works closely with every interested family to help get to their approval. While the paperwork required can often seem daunting, we’re always available to work with a resident to help navigate the process. From: John Kissida Subject: Wing Island Boardwalk Comments The Town of Brewster is a special place, that I am fortunate to have owned a property for over 30 years, and am now living here in retirement. As a registered Landscape Architect, I have spent most of my career working on Open Space and Park and Recreation improvement projects, the majority of which have been in Massachusetts and New England, including many on Cape Cod. When requested, I have donated time to the town on special projects, including the Paine's Creek parking improvements, after the previous parking lot was destroyed by a storm, the Master Plan for improvements to the Brewster Whitecaps field, conceptual plan for the Dog Park which was used for the successful grant application, Crosby Mansion parking and others. I have also participated on town committees, most recently the Drummerboy Master Plan Committee, as vice chairman. I have traversed the current boardwalk many times, over the years and have enjoyed the opportunities to explore Wing Island with my family and friends. From the beginning of discussions about boardwalk improvements, including discussions during the Drummerboy Park Master Plan, I have indicated my concern about the opportunity of providing 24/7, 365 day a year, access to Wing Island, and how this might impact the fragile Wing Island resource, as well at Drummerboy Park. I have also watched, with interest, how the pandemic increased and changed the use of Drummerboy, and the significant increase in vehicle parking, some of which I have been told is associated with increased use of Wing Island, and the passive enforcement of parking restrictions for the Natural History Museum. We need to realize that the tide cycles provide a governor on the intensity of use of Wing Island, since island access is restricted by high tide, and this is a good thing, since it changes use intensity and patterns significantly. I am not in favor of the current raised boardwalk plan for several reasons. A summary of the major ones, include: 1. Providing 24/7 access to the island will create increased impacts on Wing Island and Drummerboy. 2. The proposed raised boardwalk will have significant visual impact on the marsh view from Drummerboy, the Museum and 6A. Route 6A is part of a historic district, under the jurisdiction of the historic district commission. Although the boardwalk proposed, may be more then their 500 feet (on either side of the road), district boundary jurisdiction, the view shed must be protected. The boardwalk will be a 10 foot tall man-made linear structure, almost like building a superhighway across the marsh and will change the marsh view shed significantly. The visual impacts of this structure must also considered from other locations too. 3. The location and amount of boardwalk, as currently proposed, to connect Drummerboy and the Museum to Wing Island is excessive. The width and adding raised viewing areas only add to the negative impact. 4. The proposed 10 foot height of the boardwalk to keep it above high tides and potential storm surge is also not logical, when the connecting boardwalks to land will be lower, and will still be subject to flooding and damage. Ice will be another potential impacting factor on the entire raised structure as well. Also, who is going to be responsible for needed maintenance and repairs? Lets review the current boardwalks in Yarmouth and Sandwich and understand what we are getting into with this project. 5. I understand the issue of making the board walk accessible, but to what extent? Accessible to what? The island? The view of the marsh? And what, if any, improvements are envisioned for the island, once we make it accessible? 6. My recommendation is that, if we make improvements, we try to minimize the boardwalk length, height and location. Why not let it go underwater daily, as it does now? I was also excited to hear that the Town was moving ahead with the design of part of phase 1 improvements for Drummerboy. At the same time, it was a surprise that our Drummerboy Park committee was not being consulted, or involved in the design process, including the recent hiring of a consultant. This is extremely disappointing, since the committee worked for over a year on the master plan development. Much was discussed and not everything made it into the plan, but it was anticipated, we would have that opportunity down the road, during the design. Now neither the committee or the consultant who did the preliminary work are involved. I believe the Town has a long way to go on this project, and the initial work shows that the consultant and Town do not have a good understanding of what is important for this project and Town residents. Hopefully this can be addressed in the next try. Please feel free to contact me, if you would like to discuss further. John Kissida, RLA Brewster, MA 02631 Norine Dillingham Hodges October 29, 2022 Dear David Whitney, West Brewster's marsh and coastlands are some of the few natural habitats carefully protected and preserved on Cape Cod. Few areas are held in such great esteem and the protection of this area is extremely important to all. This gift of landand its environs has been handed to you for safekeeping and stability. Fifty years ago, as President of our high school conservation club P.Y.E., I worked hard with many.others such as the Audubon Society, to pass the Connecticut's Inland Wetlands and Watercourses Act enacted on May 19, 1972 (Public Act No.155). Those marshlands are still a natural habitat and beauty today. The building stopped and it is home to many creatures from the tiniest organism to the largest sea bird. My family owned, from 1660.until today, much of the land to the west of that area behind the Natural History Museum in Brewster. Over time, my family has given much of the surrounding marshland to the town for safeguarding and viability, thereby maintaining a low human footprint in this pristine natural environment. My mother also gave much of her marshland to the town to help create a permanent sanctuary to all living creatures who all it home. As a people, we are tasked to preserve and care for our plant, our environs, our local fauna and flora. We've been given the task of stewardship over the land, the birds, the animals, the crustaceans, the entire ecosystem. Altering this natural habitat in Brewster needs to be done in the least intrusive manner. An overly ambitious boardwalk made to accommodate human consumption, visual or otherwise, is counter -productive to our human commitment to the wholeness and health of our marshes and their living conditions. To educate the public and share the special insights gleaned through observation and contemplation of our marshes, wetlands and inland water courses is a very important part of living in and/or visiting Brewster. But building a large, man-made structure is the opposite of creating the least intrusive structure to coexist with the natural world of the marshlands. Building a walkway that doesn't impinge upon and inevitably decrease the viability of the pristine landscape is crucial to its inhabitants and our human enjoyment of a dry passage to Wing's Island. Please join in with so many who seek to maintain and coexist with our precious marshes and decline to build a large invasive structure/walkway through our beloved marshes. Preserve their integrity for future generations as did our family. Perhaps something smaller and less intrusive is a good compromise. Thank you for taking the time to read my letter and perhaps give it some thought. Sincerely yours, ,u t' Norine D. Hodges Cape Cod, Truro ktlantic Ocean, these high; ]jestic view of the ocean clean, white sandy beacl in either direction as fa :e. Brewster Grist Mill Stoney Brook Mill at Brewster was built in 1660. It is one of the first four of the water -power grist mills in America. It is still in operating condition. -62(thp Amu ad mil IS keltrkikr5 FL TheOldest Windmill This Eastharn windmill is open to vi across King's Highway from Eastham's Hall. First erected in Plymouth in 17 was moved to Eastham a few years The mill has been renovated and is ated from time to time by the town ,c the Summer season. be6,e .ge tlMassPRIM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer Town of Brewster State Retirees Benefits Trust Fund September 01, 2022 to September 30, 2022 Your beginning net asset value for the period was: Your change in investment value for the period was: Your exchanges from (to) the Cash Fund for the period were: Your ending net asset value for the period was: Month To Date Fiscal Year To Date Calendar Year To Date 3,307,795.05 3,294,393.09 3,691,196.18 (169,034.84) (155,632.88) (552,435.97) 0.00 0.00 0.00 3,138,760.21 Net Change in Investment Value represents the net change through investment activities as follows: Gross Investment Income: Less Management Fees: Net Investment Income: Net Fund Unrealized Gains/Losses: Net Fund Realized Gains/Losses: Net Change in Investment Value as Above: 3,138,760.21 3,138,760.21 7,457.94 23,239.77 (1,566.70) (4,083.05) 69,016.95 (13,700.78) 5,891.24 19,156.72 55,316.17 (172,423.14) (2,502.94) (169,034.84) (183,279.47) 8,489.87 (636,621.63) 28,869.49 (155,632.88) (552,435.97) As of September 30, 2022 the net asset value of your investment in the SRBT Fund was: If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. $3,138,760.21 MassPRIM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer Town of Brewster Cash Investment September 01, 2022 to September 30, 2022 Your beginning net asset value for the period was: Your investment income for the period was: Your total contributions for the period were: Your total redemptions for the period were: Your total exchanges for the period were: Your state appropriations for the period were: Your ending net asset value for the period was: Month To Date Fiscal Year To Date Calendar Year To Date 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 0.00 0.00 0.00 0.00 0.00 As of September 30, 2022 the net asset value of your investment in the Cash Fund was: If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. $0.00 tlMassPRIM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer PHTF90200002 Commonwealth Of Massachusetts Town of Brewster Investment Detail 9/30/2022 Investments Units Of Participation Cost Price Market Value Unrealized Gain/Loss 13,310.802 HCST OPEB MASTER TRUST 3,257,953.68 235.8055 3,138,760.21 -119,193.47 Total Investment: 3,257,953.68 3,138,760.21 -119,193.47 IMassPRI I'VI Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer PHTF90200002 Commonwealth Of Massachusetts NET ASSETS - BEGINNING OF PERIOD DISBURSEMENTS: CASH FUND EXCHANGES RECEIPTS: CONTRIBUTIONS: PARTICIPANTS INVESTMENT INCOME: UNREALIZED GAIN/LOSS-INVESTMENT MASTER TRUST ALLOCATED EXPENSES MASTER TRUST CHANGE IN REALIZED G/L MASTER TRUST INVESTMENT INCOME MT ALL INVESTMENT MANAGER FEES UNIT EXCHANGES Town of Brewster Statement of Change In Net Assets 09/30/2022 Total Receipts Total Disbursements: Net Assets - End of Period: Current Period 9/1/2022 9/30/2022 3,307,795.05 Fiscal Year Year To Date 7/1/2022 9/30/2022 1/1/2022 9/30/2022 3,294,393.09 3,691,196.18 0.00 0.00 0.00 0.00 0.00 0.00 -172,423.14 -183,279.47 -636,621.63 -466.04 -685.91 -1,948.52 -2,502.94 7,457.94 -1,100.66 8,489.87 28, 869.49 23,239.77 69,016.95 -3,397.14 -11,752.26 0.00 0.00 0.00 -169,034.84 -155,632.88 -552,435.97 0.00 0.00 0.00 1,138,760.21 3,138,760.21 3,138,760.21 STATEMENT EXPLANATION Below you will find a description of each item posted to your statement. CAPITAL ACCOUNT Summary of Account Activity: Your beginning net asset value for the period: Your change in investment value for the period: Your total exchanges from (to) cash fund: Your ending net asset value for the period: Gross investment income: Management fees: Net investment income: Net fund unrealized gains/losses: Net fund realized gains/losses: CASH FUND Your beginning net asset value for the period: Your investment income for the period: Your total contributions for the period: Your total redemptions for the period: Your ending net asset value for the period: A summary statement produced for your investment in the State Retiree Benefits Trust Fund (SRBTF) includes both month -to - date and fiscal year-to-date information. This statement is also furnished to the Public Employee Retirement Administration Commission (PERAC). The total balance of your investment as of the opening date of the statement period. The total increase or decrease in your investment includes net investment income, realized gains or losses, and unrealized gains or losses. Movement of funds occurring on the first business day of each month between your Cash Fund and Capital Account (SRBTF). The total balance of your investment as of the closing date of the statement period. Represents your allocable share of the SRBTF's income associated with securities and other investments (i.e. real estate), except for realized and unrealized gains or losses. It is principally interest, dividends, real estate income, and private equity income. Represents your allocable share of the SRBTF's expenses related to PRIM's investment advisors, consultants, custodian and operations expenses. Represents your allocable share of the SRBTF's gross investment income, less Management Fees. Represents your allocable share of the SRBTF's increase or decrease in value, attributed to a change in value of securities or other investments held in the PRIT Fund, relative to original cost. These gains or losses are "unrealized" because the investments have not yet been sold. Represents your allocable share of the SRBTF's increase or decrease in value attributed to the PRIT Fund's sale of securities or other investments (i.e. real estate property). Whether you "realize" a gain or loss depends upon the price at which the investment was sold in relation to its original purchase price. The total balance of your investment as of the opening date of the statement period. Interest earned for the period. Sum of all funds (i.e. wires and/or checks) sent into your SRBTF account during the statement period. Cash contributed any day during the month except the first business day will remain in your Cash Fund until the first business day of the following month, when it will then be exchanged into the General Allocation Account (SRBTF). Sum of all funds sent by wire from the PRIT Fund's custodian bank to your government entity during the statement period. A redemption made be made at any time throughout the month as long as your Cash Fund balance equals or exceeds the amount you wish to redeem. The total balance of your investment as of the closing date of the statement period. If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. PENSION RESERVES INVESTMENT TRUST SUMMARY OF PLAN PERFORMANCE RATES OF RETURN (GROSS OF FEES) Periods Ending September 30, 2022 Target Allocation Actual QTR/FY Since NAV $ (000) Range Allocation % Month '23 Calendar YTD 1 Year 3 Year 5 Year 10 Year Inception GLOBAL EQUITY 31,915,847 33 - 43% 36.1% -9.49 -6.63 -25.65 -21.04 3.95 4.33 7.62 5.76 CORE FIXED INCOME 12,521,309 12 - 18% 14.2% -5.81 -6.16 -18.82 -17.51 -3.43 0.46 2.04 6.45 VALUE ADDED FIXED INCOME 6,198,480 5 - 11% 7.0% -2.47 -0.81 -8.15 -6156 2.97 3.61 4.23 7.27 PRIVATE EQUITY 16,109,605 12 - 18% 18.2% -0.45 -5.70 -4.25 5.30 27.44 24.08 21.52 16.04 REAL ESTATE 10,013,562 7 - 13% 11.3% -0.83 -0.13 8.57 17.43 13.01 11.10 11.11 7.21 TIMBERLAND 2,890,251 1 - 7% 3.3% -0.07 0.12 4.52 11.72 5.71 5.07 6.29 8.10 PORTFOLIO COMPLETION STRATEGIES 7,859,878 7 - 13% 8.9% -1.58 -0.43 -2.82 -1.62 2.62 2.94 4.27 4.10 OVERLAY 900,786 0.0% 1.0% -4.94 -4.42 -15.71 -14.17 2.23 1.84 3.50 TOTAL CORE 88,450,853 100% 100% -5.00 -4.58 -14.38 -9.65 6.72 6.71 8.19 9.13 IMPLEMENTATION BENCHMARK (using short term private equity benchmark) f -5.48 -4.13 -13.00 -9.00 6.28 6.46 7.58 9.46 TOTAL CORE BENCHMARK (using private equity) 2 -4.43 -2.70 -11.43 -7.87 4.61 5.25 6.65 9.19 PARTICIPANTS CASH 66,430 0.20 0.56 0.75 0.77 0.61 1.22 0.79 3.44 TEACHERS' AND EMPLOYEES' CASH 73,422 0.20 0.53 0.73 0.74 0.61 1.20 0.78 2.30 TOTAL FUND 88,590,705 -4.98 -4.58 -1434 -9.62 6.70 6.69 8.17 9.17 3 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: • Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs. • The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee. board or commission is at the discretion of the Select Board. • Please complete this form online, or on paper, and submit a resume if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator's Office or drop -box outside Town Hall. • After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1 Applicant name: Jan Crocker 2. Address: 3. Phone Numbers: Home: 4. Email: 5. This is an application for: Cell: x Full member status Alternate status 6. Are you a full-time Brewster resident? Ix ( Yes No 7, Years you've lived in Brewster: 8. Are you registered to vote in Brewster? x I Yes 1 No 9. Committees you are interested in serving on in order of preference: a Cultural Council b. 25 G NOTE: You may attach a resume or CV instead of completing items 10-14. 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion Ohio Wesleyan University IB.F.A. 1972 Northern Essex Community (Entrepreneurial Training course (2009 11.00CUPATION: museum professional x 1 Active Retired 1 Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Edward M. Kennedy Institute Job Title ;Senior Exhibit Developer Dates of Employment 12017-2021 Golden Ball Tavern Gore Place Ilnterpretive Planning consultant Interpretive Planning consultant 12022 2021 -present 13.GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. • jmember of Brewster Pond Planning Committee • • • caseworker for US. Representative Congressman Gerry E. Studds 14.COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 1Co-founder of The Civics Workshop Inc. IAmerican Alliance of Museums !New England Museum Association 15.GOALS: Please explain why you'd like to serve on a particular committee. to ensure young residents get exposed to and trained in the arts in order to develop skills, confidence, and paths to future education along with creating new opportunities for public art, performance, poetry, and all other forms of expression. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. have a B.F.A. in design. [I was a dancer for over 40 years and performed with the Ipswich Moving Company and Liz Lerman Dance Exchange Curated exhibits with artists at Heritage Museums & Gardens, Edward M. Kennedy Institute for the United States Senate, and the Museum of Science, Boston Artist/Mentor for ArtWorks program at Heritage Museums & Gardens 17.TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes x No 18.CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) 1 Yes IM No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Monica Bushnell Address: Phone: Email: Relationship to you:lfnena, former co-worKe: b. Name: Katie Gregoire Address: Phone: Email: Relationship to you: co -member of Brewster Pond Planning Committee 20.ADDITIONAL INFORMATION. Please add any additional information you'd like. I grew up in Brewster where I was lucky to be immersed in the arts through all kinds of activities including dance, acting, painting, and music. I know how significant the arts has been in my life and my career as well as how creative thinking was cultivated throughout my life. I would like to give back to my town and make sure kids like me find meaningful connections to the arts and creativity. 20.SIGNATURE. By signing below, you state that you understand and agree. • My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. • If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: • Massachusetts Conflict of Interest Law, MGL Ch. 268A; • Massachusetts Financial Disclosure Law, MGL Ch. 268B; • Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; • Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; • Massachusetts Campaign Finance Law, MGL Ch. 55; and • Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. • If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. • When submitted, I understand that this form becomes a public document. Signature: /j_ Date: dr-1,4. /e; 0-eLZ Brewster Planning Board 2198 Main Street Brewster, MA 02631-1898 (508) 896-3701 x1133 brewplan@brewster-ma.gov BREWSTER PLANNING BOARD JOINT MEETING WITH SELECT BOARD AND VISION PLANNING COMMITTEE MEETING MINUTES Wednesday, October 12, 2022 at 6:30 pm Brewster Town Office Building (virtual) Approved: 10/26/22 Vote: 6-0-0 Chair Madalyn Hillis -Dineen convened a remote meeting of the Planning Board at 6:30 pm with the following members participating remotely: Amanda Bebrin, Charlotte Degen, Tony Freitas, Rob Michaels and Alex Wentworth. Elizabeth Taylor was not present. Also participating remotely: Jon Idman, Town Planner and Lynn St. Cyr, Senior Department Assistant. Hillis -Dineen declared that a quorum of the Planning Board was present. Select Board Chair David Whitney declared a quorum of the Select Board with Cindy Bingham, Mary Chaffee, Ned Chatelain and Kari Hoffmann present. Also participating remotely Peter Lombardi, Town Administrator and Donna Kalinick, Assistant Town Administrator. Vision Planning Committee (VPC) Chair Hal Minis declared a quorum of the VPC with Sharon Tennstedt, Amanda Bebrin, Andi Genser, Patricia Hess, Sue Kenney, and Alex Wentworth present, Fran Schofield was not present. Also participating remotely: Ellen Murphy, VPC Administrator. Pursuant to Chapter 20 of the Acts of 2021, 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. 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). The Planning Board packet can be found on the Planning Department page on the Town of Brewster website (www. brewster-ma. gov). 6:34 PM CITIZEN'S FORUM No citizen comments. 6:36 PM PUBLIC HEARING The Planning Board, Select Board and Vision Planning Committee will review, discuss and potentially vote on the final draft 2022 Local Comprehensive Plan (LCP) prepared by the Vision Planning Committee (VPC). Documents: • 09/29/22 Email from Chloe Schaefer of the Cape Cod Commission • 10/12/22 Public Hearing Presentation on Brewster's Local Comprehensive Plan • Final Draft Local Comprehensive Plan, October 2022 Motion by Planning Board Member Bebrin to Open the Public Hearing. Second by Degen. Roll call vote: Michaels -aye; Freitas-aye; Bebrin-aye; Degen-aye; Wentworth -aye; and Hillis -Dineen -aye. Taylor was not present. Vote: 6-0-0. Motion by Select Board Member Mary Chaffee to Open the Public Hearing. Second by Hoffmann. Roll call vote: Bingham -aye; Chaffee -aye; Chatelain-aye; Hoffmann -aye; and Whitney -aye. Vote: 5-0-0. Hal Minis, Chair of the Vision Planning Committee (VPC), made a presentation on Brewster's Local Comprehensive Plan (LCP). Minis stated that the LCP describes how Brewster looks today and where it would like to go in the future. The LCP provides direction to help guide the Town particularly in land use decisions. The LCP is not law or a regulation. It does not create a mandate or requirements. The LCP has been prepared with guidance from the Cape Cod Commission. PB Minutes 10/12/22 Page 1 of 5 Minis summarized the VPC's work on the LCP, The LCP was prepared based on Brewster's 2018 Vision Plan. The Vision Plan and its 8 building blocks were the framework for the LCP. Two new building blocks have been added: climate mitigation and adaptation and solid waste. Minis stated that in February 2022, the VPC conducted the Next Steps surrey based on the proposed land use actions from the Vision Plan. The Vision Plan summary papers were also updated. Based on the results of the Next Steps survey, the VPC formulated an Action Plan. The Action Plan was reviewed by Town staff and a draft LCP was put out for public comment. Minis reviewed public involvement in the LCP including the Next Steps survey which had 2300 participants, and public comment periods for the Action Plan, LCP Overview, and draft LCP. The LCP will be presented at Town Meeting for approval. Minis summarized sections of the LCP which include Brewster's Vision, Community Engagement, Building Blocks -Existing Conditions and Issues, the Action Plan by building block, the Capital Facilities Plan, the 2022 Housing Production Plan Update Summary, Implementation and Performance Monitoring, and Supporting Town Plans and Policies. Minis thanked all those who contributed to the LCP. Planning Board member Elizabeth Taylor joined the meeting. Hillis -Dineen invited the Planning Board to comment on the draft LCP. Michaels and Wentworth both stated that the LCP was an impressive document and thanked the VPC for their work on the plan. Bebrin stated that the VPC has engaged the public throughout the LCP process by mailing postcards to all homeowners, engaging 2300 participants in the survey and organizing pop ups in the community. The feedback, from both the public and Town staff, was considered and used to make changes to the plan. Bebrin noted that the LCP is a guidance document that will be used to guide the Town for the next 5-10 years. The LCP includes over 100 action items which will take on their own engagement process to move forward. Degen also appreciated the work that went into the LCP and suggested a definitions section be included. Taylor suggested the reference to the Herring River watershed being protected under recent actions by the Town (page 26) be removed as that has not yet happened. Taylor stated that there is no reference to the Grow Smart mapping project by HAC and APCC in the plan and she thinks it is an important document that should be included. Minis responded that the map did not come to Brewster until after the technical review for the LCP was complete. The Town can consider integrating the map. Taylor asked if the Town, under the Governance building block, has considered working with Open Cape to help expand internet availability for residents. Minis responded that this document is not a complete listing of every action that will be taken by the Town. Additional actions may be taken. Freitas also stated that he appreciated the work done on the LCP and supports the plan. Hillis -Dineen also expressed support for the plan and all the work that has gone into its creation. Whitney invited Select Board members to comment on the draft LCP. Chaffee noted the importance of the LCP as a Town planning document and thanked the VPC for their work. Bingham stated that the LCP was a document the VPC and Town should be proud and appreciated the VPC's work on the LCP. Hoffmann thanked the VPC for their efforts and reminded everyone that the LCP is a guidance document not law or regulation. Hoffmann also stated that she appreciated the efforts of both the Vision Advisory Group and the VPC to solicit public comment on the Vision Plan and the LCP. Chatelain thanked the VPC, Town staff and the public for all their work and time given to the LCP. Whitney also thanked the VPC for all their hard work. Hillis -Dineen invited members of the public to provide comments. Ben Mc Kelway, 1802 Main Street, asked that the boards not approve the draft LCP as it relates to actions that call for implementation of the Drummer Boy Park Master Plan. Mc Kelway requested that all references to a boardwalk or walkway linking Drummer Boy Park to Wing Island be deleted from the LCP. He expressed his opposition to concept plans that have been presented for the boardwalk and expressed concern that the boardwalk would negatively impact the scenic view. Lori Shockley, a resident, stated that she had concerns with the integrity of the planning committee and their work on the LCP. She feels that her views along with the views of a larger group have not been considered. Shockley also feels that the LCP process has been rushed and there are environmental issues that need to be addressed. She requested any reference to the boardwalk to Wing Island be removed from the LCP. Additionally, she expressed concern about misinformation in the community including inaccurate information being shared regarding access to Wing Island. She noted that the draft LCP states that the plan has already been adopted and felt that was troubling. PB Minutes 10/12/22 Page 2 of 5 Len Egert, a resident, appreciates the work that has gone into the LCP but feels the plan is tainted with a tacit approval of the Wing Island project. Egert recognized that the plan is not providing policy, but it does give guidance for land use. He stated that the Wing Island boardwalk project is troubling and faces growing opposition. Egert stated that state and federal review of the project may be required. He asked that any reference to the Wing Island boardwalk be removed from the LCP as further review and public comment is necessary. He asked that a vote on the LCP be postponed as further review of the boardwalk project is needed. Rebekah Powers, 440 Main Street, is strongly opposed to any boardwalk to Wing Island referenced in the LCP. Powers stated that she is usually supportive of access to open spaces, but this is a sensitive area and access may need to be limited. John Depuy, 835 Main Street, stated that the LCP is an excellent plan except for the references to Wing Island and Drummer Boy Park. He supports the request to remove those references from the plan. Carol Marcy, a resident, stated that she supports accessibility to Brewster's beautiful spaces but a viewing deck in Drummer Boy Park or at the beach at the Sea Camps property would be more accessible than a boardwalk to Wing Island. Janice Riley, 32 Old Red Top Road, stated that the LCP includes the Drummer Boy Park Master Plan. Also, there are references within the LCP to implementing the Drummer Boy Park Master Plan and there is confusion as to what "implement" means. Riley stated that residents are seeking clarification and asking that the plan be revised to exclude references to implementing the Drummer Boy Park Master Plan. Gillian MacKenzie, 373 Stony Brook Road, urged the boards not to approve the LCP as drafted and to remove all references to Drummer Boy Park from the plan. She encouraged board members to stand true to the Vision Plan which supports public engagement and collaboration. Minis responded to comments made by MacKenzie and stated that the VPC discussed how to present the Executive Summary in the LCP and opted to use the language that would be used to present the plan at Town Meeting. The language is in no way meant to project that the LCP has already been approved. Minis noted that in a previous draft of the LCP the Wing Island boardwalk project was listed under action items but in response to public comment received the reference to Wing Island under action items was removed. Minis stated that the LCP is a high-level planning document and that there will be further public discussion and engagement on action items. Lynne Hamlyn, a professional wetlands scientist and environmental consultant, stated that she believes the boardwalk proposed at Wing Island would require local, state, and federal permitting. She expressed concerns that the designs being shared with the public cannot meet permitting requirements. Hamlyn also expressed concern with the lack of information regarding costs of the boardwalk and costs of permitting the boardwalk. Chris Powicki, 2042 Main Street, thanked the VPC for their work on the LCP. Powicki stated that the LCP should not be approved as it did not allow public participation, the scope is too narrow, and it lacks specific community wide performance measures for assessing progress. Powicki stated that more public engagement is necessary before the plan is presented for a vote at Town Meeting. Len Egert stated that the Chair should be accepting comment from anyone who wishes to speak and that it is not necessary for speakers to provide new information during the public comment period. Laura Eldredge, a resident, stated that there have been rumors in the community that a 50 -space parking lot was being added to Drummer Boy Park. She asked if that was necessary if the boardwalk project did not happen. She also expressed budget concerns given the recent purchase of the Sea Camps property. She stated that an important matter such as the LCP should not be up for discussion at an indoor Fall Town Meeting given concerns with COVID and the number of people who head out of town at that time. Hillis -Dineen asked for follow up comments from the Planning Board. Freitas was not present. Taylor wondered whether any of the issues raised during the hearing create a need to postpone Town Meeting. Degen does not have concerns with approving the LCP. She understands the concerns raised by the public but believes there are processes in place through various boards and committees for additional review of the recommended action items. Michaels stated that in PB Minutes 10/12/22 Page 3 of 5 reviewing the LCP, he understands the concerns raised by the public regarding the boardwalk project and the Drummer Boy Park Master Plan. Hillis Dineen stated that the plan will go through various phases of development. Idman stated that references to the boardwalk project in the LCP are made in the existing conditions section and exist as fact as the Town has explored the Wing Island boardwalk project. Idman agreed with Minis that the heart of the LCP is in the action items. He noted that the VPC voted to remove reference to the Wing Island boardwalk project from the action items. The VPC also discussed the Drummer Boy Master Plan and did not see the boardwalk project as part of that plan. Idman appreciated the comments made by the public but noted that the Wing Island boardwalk project is not part of the action items in the LCP. Further, ldman stated that the fact that an item appears in the LCP action list does not mandate the Town to move forward with that item. Also, the fact that a project does not appear in the LCP action list does not mean the Town cannot move forward with that project. The purpose of the LCP is to give policy guidance to the Town to inform them in land use decisions over the next 10 plus years. Whitney requested additional comments from the Select Board. Bingham stated that she thought the Town had come a long way with engaging the public but listening to public comment during the hearing it appears the Town has a long way to go. She stated that although the Wing Island project is not an action item in the LCP, the Town needs to listen to the concerns raised and work on addressing them or the LCP may not pass at Town Meeting. Chaffee stated that there are a lot of action items in the LCP and everyone may not agree on all of them but that does not mean certain items should be deleted. There will be additional review and engagement on the action items as they are moved forward. Chaffee stated that this document is not a mandate, but a guide based on many years of work in the Town. In response to public comments made, Chaffee stated that she knows of no instance or complaints in which members of the public were treated negatively by Town government based on their political views or opinions. Chatelain appreciated the thoughtful public comment offered by the public. He is concerned because he understands that the LCP is a policy document, but the public appears to be confused as to the LCP's purpose. Chatelain stated that additional work needs to be done by the Town to get accurate information out to the public on both the LCP and the Wing Island boardwalk project. Hoffmann thanked the public for their comments. She noted the extensive efforts the VPC had taken to engage the public throughout the LCP proves. Hoffmann stated that the LCP is a very important and comprehensive document and there will be additional opportunity for public input on action items. Lori Shockley stated that the LCP was a mandate for the Town and that it is an important document that is being rushed through a self-imposed deadline. Shockley stated that it is a comprehensive document and there has not been enough time given to the Town and the public to review it. She asked that the vote on the LCP be delayed allowing for more public discourse on the plan. Bebrin reiterated that the LCP is not a mandate but a guide to be used by the Town for the next several years. There will be additional public engagement on the action items listed in the LCP. Motion by Bebrin to Close the Public Hearing. Second by Michaels. Roll call vote: Michaels -aye; Wentworth -aye; Degen-aye; Taylor -aye; Bebrin-aye; Hillis -Dineen -aye; Chatelain-aye; Whitney -aye; Bingham -aye; Chaffee -aye; and Hoffmann -aye. Freitas was not present. Vote: 11-0-0. Hillis -Dineen asked for additional comments from members of the public bodies. Minis reminded people that the LCP was a first step that outlines directions and provides guidance but does not hold the Town to specific actions. As the Planning Board and Select Board move forward with the LCP details and specific actions, there will be additional public debate. Motion by Tennstedt to Recommend Adoption of the Draft Local Comprehensive Plan As Presented. Second by Wentworth. Minis asked for any discussion on the motion. Lombardi stated that the plan adopted tonight will be the plan voted on at Town Meeting. The vote at Town Meeting will be for or against the LCP. There will not be opportunity to amend elements of the plan at Town Meeting. Genser asked the VPC if they believed additional public comment was necessary before bringing the LCP to Town Meeting. Bebrin noted edits to the LCP made by the VPC including removing references to the Wing Island boardwalk project from the action items. She stated that she was unsure what further edits could be made regarding that specific issue. She recommended further public engagement and education on the LCP. Bebrin reminded everyone of the collective work that has gone on in the Town over several years to bring the LCP forward and supports recommending the adoption of the LCP and bringing it to Town Meeting. Tennstedt stated that it was important for the Town to educate the community about the LCP. Roll call vote: Tennstedt-aye; Bebrin-aye; Genser-aye; Hess -aye; Kenney -aye; Wentworth -aye; and Minis -aye. Schofield not present. Vote: 7-0-0. PB Minutes 10/12/22 Page 4 of 5 Motion by Hoffmann to Endorse the Draft Local Comprehensive Plan As Presented and Recommended by the Vision Planning Committee. Second by Bingham. Hoffmann reminded everyone that the action items are not mandated and are not regulations or bylaws and that there will be more public discussion on the action items moving forward. Hoffmann stated that there will also be further discussion on the Wing Island boardwalk project. Bingham reiterated that there will be further public engagement on the Wing Island project and that it is not a done deal. She stated that any references to the project in the LCP do not make it a done deal. Roll call vote: Chatelain-aye; Chaffee -aye; Bingham -aye; Hoffmann -aye; and Whitney -aye. Vote: 5-0-0. Degen asked how to move forward with corrections suggested by herself and Taylor. Idman stated that to the extent there are not substantive changes to the plan, errata sheets can be sent to the Planning Department noting scrivener's errors. Idman stated that he reviewed page 26 as referenced by Taylor and does not believe any corrections are needed. He also stated that adding a definition section to the LCP at this time could be problematic. Motion by Degen to Endorse the Draft Local Comprehensive Plan As Presented. Second by Michaels. Roll call vote: Michaels -aye; Wentworth -aye; Bebrin-aye; Degen-aye; Taylor -aye; and Hillis -Dineen -aye. Freitas was not present. Vote: 6-0-0. Motion by Genser to Adjourn the Vision Planning Committee Meeting. Second by Tennstedt. Roll call vote: Tennstedt-aye; Bebrin-aye; Genser-aye; Hess -aye; Kenney -aye; Wentworth -aye; and Minis -aye. Vote: 7-0-0. VPC meeting adjourned at 8:39 pm. Motion by Hoffmann to Adjourn the Select Board Meeting. Second by Chatelain. Roll call vote: Chaffee -aye; Bingham -aye; Chatelain-aye; Hoffmann -aye; and Whitney -aye. Vote: 5-0-0. Select Board meeting adjourned at 8:39 pm. 8:40 PM PLANNING DISCUSSION Approval of Meeting Minutes: September 28, 2022. The Board reviewed the September 28, 2022 meeting minutes. Motion by Degen to Approve September 28, 2022 Meeting Minutes. Second by Michaels. Roll call vote: Michaels -aye; Wentworth -aye; Bebrin-aye; Degen-aye; Taylor -aye; and Hillis -Dineen -aye. Freitas was not present. Vote: 6-0-0. 8:41 PM COMMITTEE REPORTS Hillis -Dineen announced the Community Housing Forum taking place at the Brewster Ladies Library on October 27, 2022. 8:43 PM FOR YOUR INFORMATION St. Cyr announced the CPTC workshop on October 20, 2022 and reminded board members that registration fees were reimbursable. Motion by Bebrin to Adjourn. Second by Degen. Roll call vote: Michaels -aye; Wentworth -aye; Bebrin-aye; Taylor -aye; Degen-aye; and Hillis -Dineen -aye. Freitas was not present. Vote: 6-0-0. Meeting adjourned at 8:45 pm. Next Planning Board Meeting Date: 10/26/22 Respectfully submitted, Lynn St. ent Assistant, Planning PB Minutes 10/12/22 Page 5 of 5 10/24/2022 Colette Williams, r As a member of the Barnstable Town Council, I would like to express appreciation from all of the residents in Barnstable for your assistance to our Town Clerk in counting the votes during our last election. As you know the day started with the vault holding the ballots locked up tight, so we ;:adapted and our voting was allowed to continue until midnight. It was an unusual day for bur Town Clerk, Ann Quirk, and it is a testament to her, and to all Cape Codders, the way so many Town Clerks (from 6 towns), stepped up to help a colleague. So thank you again, from the Town Council and the whole town, for coming in the middle of the night to help our poll workers finish the vote counting. Much, Much Appreciated, Gordon Starr Barnstable Town Council, Precinct 1 85 PilotsWay, West Barnstable, MA 02668 Cc: Brewster Select Board Chair: Mary Chaffee Town Administrator: Peter Lombardi Xfinity. October 26, 2022 Select Board Town of Brewster 2198 Main Street Brewster, MA 02631 Dear Members of the Board: As part of our ongoing commitment to keep you and our customers informed about changes to Xfinity TV services, we wanted to update you that the programming network G4 notified its employees that it is ceasing operations effective October 17, 2022. It is our understanding that G4 will continue transmitting programming until November 14, 2022 and we will continue to carry it until such date. Please do not hesitate to contact me with any questions at Michael_Galla@comcast.com. Sincerely, Michael/ Qc Wa, Michael Galla, Sr. Manager Government & Regulatory Affairs VOLUME 7 ISSUE 50 President's Corner M THE S OF B R 6W S R ELDERS NOVEMBER 2022 — Marilyn Dearborn Thanksgiving....a time to reflect on our blessings and look forward to the holiday season. We need to say thank you for our families and friends, good health, and the opportunity to enjoy the season once again with those we love. November is also the time when we recognize and honor those who have served our country in the military. We would not be able to enjoy the freedoms we have without the sacrifices of our Veterans. If you have a Veteran in your family or know someone who is a Vet, take this time to thank them on behalf of our country and community. The FOBE Board would also like to thank those who have contin- ued to support us even during the challenging times over the past few years. A special thank you to those who attended our recent Taste of Crosby Man- sion — we saw many new faces mixed in with many of our old friends. We will continue our efforts to offer different types of events for all to enjoy. Thanksgiving is a wonderful opportunity to give thanks, and while you're at it, please reach out to friends and neighbors who may not have family nearby. Invite them in -- or out -- for dinner to brighten their days; offer to drive them somewhere; send them a card to let them know they're in your thoughts! Thank you and we hope you all have a very Happy Thanksgiving! Another year has mPeervArg, gone by! So, it's R�„ ^ time for the Annu- al Meeting of the Friends of Brewster Elders. We're holding our Annual Meeting on Wednesday, November 9th at 9:30AM at the Bible Alliance Church on Rte. 6A. All members are cordially invited to attend, but if you can't join us and have ideas to share, please contact any board member, and your ideas will be brought forth at the meeting. For seating purposes, please call Marilyn Dearborn if you will attend. We want FOBE to be the best it can be! We need you! 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 Brewster Special Fall Town Meeting Special Town Meet- ing is scheduled for 6PM on Monday, November 14, 2022, at the Stony Brook Elementary School. Please attend and voice your thoughts! Please express your thanks to the great businesses who have supported us this year by doing your holiday shopping and dining with them. And tell them FOBE sent you! By The Bay Vintage Traders The Village Toy Store The Cook Shop Crocker Nursery Cape Sea Grill The Island Blue Crab Karen North Wells Clean Your Refrigerator Day Celebrated on November 15th, it's probably a good idea in anticipation of the upcoming holidays. It's easy to lose sauces, leftovers, salad dress- ings, etc. in the back, but they should be cleaned out routinely so you don't accidentally eat spoiled food. Who wants to be sick over the holidays? ACK Gioia Green Road Refill Sally Cabot Gunning Sydenstricker Glass Remember those yummy pies you used to be able to buy from the Brewster Garden Club? You'll have that opportunity again this year on November 22nd. Just stop by the COA! While you're there, if you haven't al- ready registered for the holiday luncheon, FOBE directors will be on hand to sell you a ticket! Although we've got a limit, we're very pleased that we're able to offer our Holiday Luncheon again this year at the Old Yarmouth Inn on Thursday, December 15th. The luncheon will begin at 12:30, with bowls of warm butternut bisque, followed by the entree of your choice (below): Braised Boneless Short Ribs, whipped potatoes, roasted carrots & onions with pan juices; OR Baked Coastal Haddock w/crumb topping & lemon beurre blanc, rice blend, seasonal vegetable. The meal will be finished off with delicious apple crisp topped with vanilla ice cream. Coffee and tea are includ- ed, and you'll have access to a cash bar. Tickets are $35/member and $45 for non members. Tickets will be sold at the COA on Tuesday, November 22nd between 9 - 11 AM or you can drop your registration and payment (check payable to FOBE) off at Sea Captains' Thrift Shop or mail to FOBE, PO Box 2310, Brewster MA 02631. PLEASE PRINT CLEARLY Name: Name: Mailing Address: Email: Day of event Phone: Number of tickets @ $35 each (member) # Shortribs # Haddock Number of tickets @ $45 each (non-member) # Shortribs # Haddock Deadline to receive your payment and registration is November 30. Total Enclosed: $ 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! November: a time to prepare for those blustery winter days to come. Sooner than we want, chilly winds, frosty mornings and snowy roads will portend the long, bleak weeks of winter. Are you ready? Sea Captains' Thrift is prepared to keep you toasty warm and fashion forward, as you face Cape Cod in winter. Our displays for men and women are overflowing with wools, cords, leathers and puffies. Accessories of every kind are available to compliment your outerwear selections: scarves, hats, gloves and winter footwear in colors and patterns to please. Where else could you find leather coats and jackets for under $75? Hurry in for the best choice of these fabulous bargains! Looking Ahead * 1/2 Price Sale (over $1) - ANNEX & Tabletop Room - Nov. 7-19. * Annual Christmas Boutique - Nov. 21 - Dec. 21. featuring all things Christmas/Holiday and a spectacular selection of NEW, up-to-the-minute, costume jewelry. Many items are extraordinary, statement pieces perfect for your gift -giving needs! This jewelry event is not to be missed! We're CLOSED Nov. 22 & 23 for Thanksgiving, but REOPEN beginning Friday, Nov. 25 for regular hours. Gratitude helps us to see what is there, instead of what isn't. May the blessings of family, friends and delicious food fill your Thanksgiving Day. —Donna Bowie, Manager Calling all Mah Jongg players! Come join in at the COA on Mah Jongg Day! 1 Monday, November 14, 1:00 - 5:00pm. Donation fee: $10 It's the first of many great times offered by the COA. Tables will be set up for four & you can play at your pace and your style. It will be a fun afternoon with door prizes and refresh- ments. Play with your friends or meet new ones. Space is limited so sign up now! To register you can email Anne Wal- ther, who will be onsite to assist at annemarymarti@gmail.com or you can call the COA at 508-896-2737. Holiday (Here) on the Cape! FOBE is offering a trip to the Cape Symphony Orchestra's ,loliday on the Cape production on Sunday, December 4th at 1 PM. We'II leave the Council on Aging parking lot at 11:30 AM as we've secured transportation for you! Tickets & transportation are on a first come -first served basis. Tickets 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. Remember, for these subsidized tickets, it's always first come -first served! Name: Name: Mailing Address: Email: Day of event Phone: Number of tickets @ $30 each (member) Number of tickets @ $40 each (non-member) yes, I need a ride no, I'll get there on my own. Total Enclosed: $ Deadline to receive your payment and registration is November 14. A Warm Welcome to our Newest Members! Cate O'Neill Ben McKelway Andrea & Gary Berkowitz Joan Bramer Cindy Hahn Caldwell Ned Chatelain Elaine Farinacci Susan Franze Alice & Richard Halla Kate Hooper Amy Jacobson Marcia Kielb Harry Oxford Marjorie Rollinson Richard Sickels Paula Parker Mary Louise Secola Jane Sullivan Peter Wells Bob Ziegler Membership Questions? Contact Kathy Macdonald at khelenmack comcast.net Did You Know? Friends of Brewster Elders = Friends of the Brewster Council on Aging? The Friends is a 501c3 nonprofit, charitable organization whose mission is to support, promote and enrich Brewster senior residents, and the Brewster Council on Aging, through donations and fundraising. The Friends always wel- come new members to get involved with FOBE activities and events. Contact Marilyn Dearborn, President, locally at 508-385-2881 or brewsterfriends@qmail.com • • ♦ • November 14 is Mah Jongg 10 cooMie •, Day. Celebrate with other players isi �V at the COA. Page 3. • December 4, we'll be heading out to attend the Cape Cod Sym- phony's Annual "Holiday on the Cape" event. Page 3. • December 15, enjoy a fabulous lunch at the Old Yarmouth Inn with FOBE friends. Page 2. A New Year Begins! Membership ($10/person/ year). Notices will be mailed to existing members. February, it's a Valentine get-together! March, Begosh and Begorrah, it's a St. Paddy's Day event being planned. FOBE has a pickleball team! Well, it's a group of members who took us up 6i on our offer to organize something. Word is, they're having a great time and also making new friends. That's what these events and activities are all about. Getting out; getting some exercise and getting to know more great people here in Brewster! Play on! Who knows? Maybe there's a tourna- ment in your future?