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Select Board Meeting Packet 01.23.23
Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townmanager@brewster-ma.gov (508) 896-3701 SELECT BOARD MEETING AGENDA Remote Participation Only January 23, 2023 at 5:30 PM Pursuant to Chapter 107 of the Acts of 2022, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public body may attend remotely. No in-person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09 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). Select Board David Whitney Chair Edward Chatelain Vice Chair Kari Hoffmann Clerk Mary Chaffee Cynthia Bingham Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn 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 Discuss Strategy with Respect to Litigation as an Open Meeting may have a Detrimental Effect on the Litigating Position of the Town: Lanctot et al v. Town of Brewster 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 Manager’s Report Pages 3-9 9.Consent Agenda Pages 10-34 a.Meeting Minutes: January 9, 2023 b.Appointments: Stephen McKenna and Ronald Slowek, Conservation Commission c.Order of Estimate for Road Betterment of Vesper Pond Drive 10.Notification of Receipt of Citizens Petition to Call Special Town Meeting Pages 35-39 11.Discuss Wing Island Forum Page 40 12.Update on Wing Island Access 13.Presentation on Inaugural Affordable Housing Trust 5-Year Financial Plan – Select Board’s FY23-24 Strategic Plan Goal H-1 Pages 41-68 14.Update on Millstone Road Community Housing Project & Technical Assistance Request to Massachusetts Housing Partnership – Select Board’s FY23-24 Strategic Plan Goal H-4 Pages 69-77 15.Update on Proposed Cell Tower at 1185 Long Pond Road – Jon Idman, Town Planner Pages 78-98 16.Review and Discuss Preliminary List of Potential Warrant Articles for Spring 2023 Annual Town Meeting Page 99 Select Board David Whitney Chair Edward Chatelain Vice Chair Kari Hoffmann Clerk Mary Chaffee Cynthia Bingham Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn 17.FYIs Pages 100-117 18.Matters Not Reasonably Anticipated by the Chair 19.Questions from the Media 20.Next Meetings: February 6, February 8 (Joint with Finance Committee), February 10 (Joint with Finance Committee), February 13, February 27, March 6, and March 20, 2023 21.Adjournment Date Posted:Date Revised:Received by Town Clerk: 01/19/2023 1 of 7 Background What is the scope and schedule of this Program? This Program is a continuation of Massachusetts Department of Transportation’s (MassDOT’s) Cape Cod Canal Study and the U.S. Army Corps of Engineers’ (USACE) Major Rehabilitation Evaluation Report (MRER). The Program will include the eventual replacement of the Bourne and Sagamore Bridges as well as multimodal improvements to the approach roadway networks. Design alternatives for the bridges and roadways are being developed in conjunction with a robust public engagement process. Construction is anticipated to commence after MassDOT completes preliminary design and environmental permitting. There are many factors that will influence schedule, including but not limited to: identification of construction funding, determination of the National Environmental Policy Act (NEPA) Class of Action, public feedback, packaging of construction contracts and construction procurement methodology, and more. This information will develo p as the program progresses and will be communicated in future rounds of public engagement. Estimated Program milestones that are subject to change include: • Phase 1: Beginning in June of 2021, efforts have involved public outreach and involvement and data collection to include environmental conditions and traffic patterns. • Phase 2: Based on public input, MassDOT develops and refines bridge and roadway options. • Phase 3: MassDOT identifies preferred options. Environmental documentation process begins. Design development. • Phase 4: MassDOT completes preliminary design and environmental permitting. • Phase 5: Construction underway. • Delivery: The Cape Cod Bridges Program is completed. Is this a MassDOT or USACE Program? MassDOT and the USACE signed a Memorandum of Understanding (MOU) in July2020. Per the MOU, MassDOT will lead the design and assume ownership of the new bridges. USACE will continue to own, operate, and maintain the existing Bourne and Sagamore Bridges. If you have questions or comments regarding o ngoing or planned maintenance activities associated with the existing canal bridges, please reach out to CapeCodCanal@usace.army.mil or (508) 759-4431. 2 of 7 What is the Purpose and Need? The Program is in the process of developing the Purpose and Need as a requirement under the National Environmental Policy Act. The Program Purpose and Need defines the range of reasonable alternatives and assists in the identification of a preferred alternative. The development process involves incorporating comments received through public outreach in coordination with federal partners for approval by USACE and FHWA. The Draft Program Purpose and Need is as follows: “The Purpose of the Cape Cod Bridges Program is to improve cross-canal mobility and accessibility between Cape Cod and mainland Massachusetts for all road users and to address the increasing maintenance needs and functional obsolescence of the aging Cape Cod Canal highway bridges. The Program will improve traffic operations and multimodal accommodations to facilitate the dependable and efficient movement of people, goods, and services across the Cape Cod Canal.” Why will the bridges take so much longer to build than the original bridges? When the existing Bourne and Sagamore bridges were constructed, the canal had not yet been constructed to its current width, and the existing roadways and shorter bridge crossings were not in the same footprint as the bridges being built. The construction staging required to replace the bridges while maintaining safe navigational and roadway traffic makes the current project take longer to construct. What is the funding source and cost share for the Program? At this time, the cost share has not been determined. USACE and MassDOT have and will continue to apply for federal funding presented by the Infrastructure Investment and Jobs Act (IIJA). The Program was not awarded funds under the 2022 Nationally Significant Multimodal Freight & Highway Projects or the Bridge Investment Program pursuits and is awaiting the results of its 2022 National Infrastructure Project Assistance program pursuit. Community Engagement How will the community be involved in Program development? A robust public engagement process has been initiated and will continue throughout the duration of the Program. Public meetings have and will continue to be accessible to all members of the public and will include formal presentations by the Program team as well as opportunities for feedback and questions. Online resources, including a comment form, are available on the Program’s website page (https://www.mass.gov/cape-bridges) throughout design and construction. 3 of 7 When will public meetings take place? Regular public meetings have and will continue to occur at key Program milestones. All public meetings are announced on the Program website well in advance of each meeting. Public meetings are also announced through email notifications, newspaper advertisements, flyers, MassDOT’s social media accounts, and press relea ses to regional media outlets. Presentations from previous meetings are available on the Program’s website page (https://www.mass.gov/cape-bridges) through the duration of the Program. Design c onsiderations Why do we need bridges anymore? Were other options other than replacing the bridges considered? The alternative analysis was completed as a follow-up to the Major Rehabilitation Evaluation Report (MRER) and the Environmental Assessment (EA), which considered multiple options to addressing the aging infrastructure. For instance, tunnels were eliminated from detailed analysis based on high costs and extensive impacts on the environment and land uses. Double decked bridges would require additional height tha t would lead to a much longer approach bridge structure to get the top roadway down to grade at either side of the canal, which would have larger impacts to the existing roadway networks and neighborhoods. The MRER/EA concluded the preferred alternative was replacing the bridges at or near the existing sites. MassDOT is continuing the evaluation of the Cape Cod Bridges Program based on these findings. What are the bridge design considerations? The Program to be constructed would maintain the existing federal navigation channel and provide 135- feet of vertical navigational clearance. The Program proposes twin bridges at each location as this design expedites traffic off the bridges, best maintains traffic flow during construction, is more efficient structura lly, and is more easily constructed. MassDOT is considering both a pier span length in the riprap portion of the Canal and a pier span located on land outside of the Canal. MassDOT understands the bridges are iconic as the gateways to the Cape and is taking aesthetic appeal, appearance, and visibility into consideration during the Program development process. MassDOT is prioritizing safety of all users access the structures to include lighting, separation of vehicles and pedestrians, and barriers along the sides of the bridges. 4 of 7 Why will there be two bridges at each crossing instead of one? There will be two bridges at each crossing because they are more cost effective, structurally efficient structures and allow for staged construction while keeping two lanes of traffic operational in both directions and allowing all existing roadway connections to be maintained. The new crossings will be wider to meet current highway standards, and a single wider structure at each crossing would be difficult to construct and be more costly overall. Are the bridges being built higher to account for future sea level rise? Sea level rise is being considered to ensure the minimum vertical clearance can be maintained over the lifespan of the bridges. Program Impacts Will my property be impacted? MassDOT is beginning to develop bridge alignment alternatives and will be determining Right of Way impacts in the coming months. Ample opportunity to comment on the potential alternatives will be provided as part of the preferred alternative selection process. Will the approach roadways be redesigned? The Program seeks to improve traffic operations and multimodal accommodations to facilitate the dependable and efficient movement of people, goods, and services across the Cape Cod Canal. Roadway realignments, lane configurations, and traffic will be upcoming discussion topics in future public meetings in early 2023. Will there be roadway or canal impacts during construction? MassDOT is evaluating program alternatives that will maximize constructability, including maintaining two traffic lanes in each direction at each crossing during construction, maintaining all connections to the local roadway network at locations like the existing condition during construction, and minimizing impacts to the traveling public . The goal of the Program is to keep at least a portion of the Cape Cod Canal open to vessel traffic during construction. Depending on the option chosen, there may be a brief full closure of the Canal while the center spans of the replacement bridges are lifted into place. Traffic impacts will be evaluated and communicated as part of a transparent alternative’s analysis process. All public feedback will be taken into consideration when selecting a preferred alternative. Will the bridges be tolled? Tolls are not being considered at this time. 5 of 7 Are there any environmental or historical considerations? The environmental and historic impacts will continue to be evaluated during the planning phase as identified in the Measures of Effectivene ss and prioritized throughout the Program. As MassDOT dives deeper into those reviews, it will have a better understanding of the potential of the Program to result in any adverse impacts and will plan mitigation efforts to avoid or minimize them to the extent feasible. The Program team will need to obtain several permits prior to construction and implement various protection measures during construction. For instance, the Canal District and the bridges have been determined to be eligible for listing on the National Register of Historic Places and as such are afforded the same protections as those that are listed on the National Register. MassDOT has initiated coordination with the Massachusetts Historical Commission, and that coordination will continue throughout the process of this Program. Pedestrians, bicycles, and other non-vehicular traffic Is this Program addressing passenger rail service? Rail is not being explored as grading constraints would require the approach roadway network to extend for miles. Could the existing bridge be used for bikes and pedestrians? The existing bridge will be decommissioned after the completion of the project. Will there be multimodal accommodations provided through this Program? Multi-modal transportation access is an important key component of this Program. The Program is required to provide a sidewalk during construction and a Shared Use Path for pedestrians and cyclists in the final condition. Will there be a Shared Use Path on both bridges? The current plan is to have one path at the Bourne crossing and one at the Sagamore crossing. They will be wide enough to safely support bidirectional traffic of bicyclists and pedestrians. This topic will be discussed further at future public meetings as the preliminary design progresses. Are the new bridges going to obstruct the views of the canal? The new bridges will maintain or improve the views of the canal from the bridges. 6 of 7 Will there be seating along the sidewalk for people to sit and enjoy the view? The Shared Use Path will have overlooks for sitting and viewing the canal. This topic will be discussed further at future public meetings as the preliminary design progresses. Bridge Type Questions Why are aesthetics being taken into consideration at all? Aesthetics are just one of many aspects being considered when choosing the bridge type. Which bridge type has the Lowest Cost? The Arch bridge type has the lowest preliminary cost estimate. The Cable Stayed bridge has a most expensive cost per square foot and therefore, would have a more expensive total cost. The Concrete Box would require longer spans to maintain shipping clearance over the canal and would have much larger foundations to support a heavier bridge, making the total cost higher. Which bridge type is the mo st resistant to extreme wind events? All three bridge types would be designed to withstand anticipated future storms. Which bridge type has the longest lifespan with the lowest maintenance impacts and cost? All three bridge types would be designed and constructed to achieve a 100-year lifespan. Maintenance on all three modern bridge types would have much lower costs and impact on traffic than maintenance on the existing truss bridges. Any of the three modern bridge types would be designed and constructed for ease of maintenance while minimizing impact to traffic. Does one bridge type have more property impacts than the others ? The decision on bridge type will not affect the extent of property impacts. Right of Way impacts will be associated with bridge and roadway alignment. Alignment alternatives will be developed in the coming months with ample opportunity for public comment and input. Which bridge type has the shortest construction duration? The Arch bridge type is able to be built using the accelerated building technique of fabricating the arch span offsite and lifting it into place, which will allow for the shortest construction duration. The cable stayed bridge type and the concrete box would take longer to construct. Will snow and ice buildup on the arch/cables? Snow and ice buildup has not been a significant issue on the type of arch bridge being considered but could potentially be an issue on cable stayed bridges. 7 of 7 Could the bridge be replaced with a truss arch, like what is there now? The truss bridge type was a technological achievement when it was built in the 1930’s, but modern bridge designs have been developed which cost much less to construct and are better designs for the lifespan of the bridge. Trusses are not designed for ease of maintenance and require greater traffic impacts when repairs are necessary. Are there maintenance considerations? Each of the potential bridge types offers significantly simpler maintenance and operation in terms of time and cost in comparison to the current Bourne and Sagamore bridges; however, the Arch bridge type has been determined as the simplest. The fracture critical elements are designed for system redundancy that makes for an advantageous inspection and maintenance. Because less maintenance will be needed on the new bridges, disruptions will be less frequent than what is currently experienced. Select Board Mtg 01.23.2023 1 Agenda Item #9: Consent Agenda Cover Page a.Meeting Minutes: January 9, 2023 Draft meeting minutes from the Select Board regular session meeting on January 9, 2023 have been submitted for approval. Administration Recommendation: We recommend the Select Board approve the meeting minutes as presented. b.Appointments: Stephen McKenna and Ronald Slowek, Conservation Commission Both Stephen McKenna and Ronald Slowek submitted their applications and followed the Select Board appointment policy for the vacant member positions on the Conservation Commission. The Select Board liaison and Chair of the Conservation Commission has recommended their appointments. In the “For Your Information” section of the Select Board meeting on January 9, 2023, their applications were provided. This is for a 3-year term ending June 30, 2025. Administration Recommendation: We recommend that the Board approves these appointments. c.Order of Estimate for Road Betterment of Vesper Pond Drive After a vote of Town Meeting authorizing the Vesper Pond neighborhood road repairs, the Select Board are required to sign the form of Order of Estimate, indicating the estimated amount of betterment, and reflecting the per owner apportionment of the project costs. This will then be sent to Town Counsel for recording. Administration Recommendation: We recommend that the Board signs the form of Order of Estimate. 3 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 1.09.2023 www.brewster-ma.gov Page 1 of 7 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: January 9, 2023 TIME: 5:30 PM PLACE: Remote Participation REMOTE PARTICIPANTS: Chair Whitney, Selectperson Chatelain, Selectperson Bingham, Selectperson Chaffee, Selectperson Hoffmann, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Jill Scalise, Cassie Boyd Marsh, Meg Morris, Eric Steltzer Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:30pm, declared a quorum by stating that all members of the Select Board are present and read the meeting participation and recording statements. Executive Session Review & Vote on Executive Session Minutes To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares- SEIU Local 888 (DPW/Water/Golf & Library), OPEIU Local 6, IAFF Local 3763, NEPBA Local 78, Police Dispatch Union, and MassCOP Local 332. To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel- Personnel Bylaw and Police Personnel Bylaw Selectperson Hoffmann moved to enter executive session. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. The Select Board returned to open session at 6:00pm Public Announcements and Comment: None Select Board Announcements and Liaison Reports Selectperson Chatelain announced the first public forum hosted by the Bay Property Planning Committee will be on Tuesday January 17 at 6pm. The forum is seeking public input on the plan for the parcel and feedback on the use and programmatic layout for the pool. Town Manager’s Report Mr. Lombardi shared the following updates: The Pool Forum will be held in Town Hall rooms A & B and will be available via zoom. The Special Election for the High School Renovation Project is tomorrow, in person voting is at Brewster Baptist Church from 11am until 7pm. Technically this is two elections, the school district 4 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 1.09.2023 www.brewster-ma.gov Page 2 of 7 Office of: Select Board Town Manager election for the additional $38M in funding and the town election to exclude Brewster’s share of the debt. Assuming a 25-year term, approximately $4.25M a year if the project were to be approved. Mail in ballots must be received by the close of election tomorrow. In becoming a Green Community, Town Meeting adopted the Stretch Code, a higher threshold of energy efficiency standards for our building codes. The State has recently adopted several changes to the code. The Department of Energy Resources has been working with town staff, our Building Commissioner and Energy Manger to communicate the effect of these changes on local code enforcement. The Select Board and Town Manager will be hosting regular office hours starting in February on Tuesdays, residents can sign up in advance to meet in person, via telephone or zoom. An update will be posted on the town website. Thank you to former Representative Tim Whalen for his service to the town and Sarah Peake, who each served a portion of the Town. Welcomed Chris Flanagan and looks forward to working with him. Mr. Lombardi acknowledge the great service that Tim and Sarah provided to the Town. Consent Agenda a.Meeting Minutes: December 19, 2022 b.Acceptance of Gift: Golf Department c.Items to be Declared Surplus for Sale, Transfer, or Disposal: Golf Department & DPW d.One Day Liquor License Application: Maplewood at Brewster e.Notice of Owner’s Intent to Sell Affordable Dwelling at 14 Yankee Drive, Unit 4; Town’s Election to Vote to Locate and Eligible Purchaser for the Dwelling f.Recycling Center Fee Waiver Request: 212 Yankee Drive Clean-up g.Appointment: Bay Property Planning Committee Liaison, Jan Crocker Selectperson Hoffmann moved to approve the Consent Agenda for January 9, 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Chatelain- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Potential Re-vote on Grandfathering Current Lifetime Senior Shellfish Permit Holders The Department of Natural Resources developed a series of recommendations for the Board to consider, one key decision point for the Select Board was whether to grandfather existing lifetime shellfish permits. Based on the feedback received since the last Select Board Meeting, this is up for reconsideration. The challenge is that we don’t have the best data in terms the number of residents who hold these permits from previous years. One suggestion is to gather the data over 2023, this would require a renewal process. Selectperson Hoffmann moved to reconsider the lifetime permit holders for residents and MA Veterans 70 years and older, grandfather them for 2023, until December 31, 2023. With the condition that any current permit holder would have to renew their permit at no charge for 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chatelain- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 5 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 1.09.2023 www.brewster-ma.gov Page 3 of 7 Office of: Select Board Town Manager 6:15pm Public Hearing: 2022/2023 Community Development Block Grant (CDBG) and vote to submit 2022/2023 CDBG Grant Application Selectperson Hoffmann moved to open the public hearing and read the notice. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Jill Scalise shared that Brewster is the lead community and it has been encouraging to see the impact of these funds making a difference in people’s lives and the community. Cassie Boyd Marsh provided an update on the services that have been provided to the community over the past two years, which includes 27 total homes in the three Towns that were rehabilitated and 25 children that have been assisted. In the FY21 grant which is up and running, there are 9 homes underway. About 45% of the funds have been allocated and about 60% of the funds are allocated to the childcare program. This will run through the end of 2023. Ms. Boyd Marsh added that roughly 40% of available funds go to Brewster residents on a first come first serve program. Ms. Boyd Marsh noted that the town has an opportunity to apply for additional funds, this year we can apply for $1.7M and have an additional six months to spend the funds. This program will serve up to 26 households with a 0% interest deferred payment forgivable loan, additionally the childcare subsidy program would provide up to $7K per eligible child. The two programs are well regarded by residents and have a long waitlist. Ms. Kalinick noted that not only are we helping residence, but we are putting money into the local economy as work is completed by local contractors and childcare providers are in Brewster and surrounding towns. Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved to submit an FY22/23 Community Development Block Grant for housing rehabilitation and childcare subsidies and to authorize the Town Administrator or designee to sign the grant application and associated forms. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Presentation on Proposed Prohibition on Sale of Nips and Discuss Next Steps- Meg Morris, Recycling Commission Chair Meg Morris shared a PowerPoint presentation on the “Problem of Nip Bottles in Roadside Trash: Policy Options for the Town of Brewster to Consider.” Key points of the presentation included: About Nips: o single-use, miniature alcoholic spirits bottles/containers. Usually plastic and less than 100 milliliters 6 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 1.09.2023 www.brewster-ma.gov Page 4 of 7 Office of: Select Board Town Manager o Popular as they offer quick infusion of alcohol, used to drink illegally while driving and can easily be discarded from vehicle. Problems Related to Nips’ Use o Litter from discarded nips; a “littering epidemic” o Not recyclable and become solid waste o Public health/safety issue Beautify Brewster Nip Bottle Data o 2019 roughly 1,000 nips o 2020 no event due to Covid o 2021 3,376 nips collected (2 years’ worth) o 2022 2,767 nips collected Reviewed Action to Ban Nips in other Mass. Municipalities and the policy options (Licensing Authority Action and Town Meeting Bylaw) Recycling Commission Recommendation is to propose an article in the Spring 2023 warrant banning the sale of alcoholic beverages in containers less than or equal to 100 milliliters in the Town of Brewster: to be effective Dec. 1, 2023. The Select Board supports the Recycling Commission proposing language for an article for Spring Town Meeting and suggests that a public hearing be scheduled for February 13 at the Select Board meeting. Town Administration office will communicate with current license holders and public health departments. Discuss and Vote on Request from Eric Steltzer Regarding Transfer Station Permit Ms. Kalinick reviewed the status of the property in question, according to our Assessor’s data base, 135 Old Valley Road is currently owned by Nancy Emerson in a Life Estate. Upon Ms. Emerson’s passing the property will then be owned by a Trust in which Mr. Steltzer is the Trustee. The permit rules and regulations for the past few years have not been changed, which states that trustees of Life Estates or remainder interests are not eligible for resident permits. Ms. Kalinick reviewed permit options available for non-residents, adding that it is not recommended to change the rules, particularly so with the opening of First Light Beach. The Town has been especially careful of the issuance of resident permits. Mr. Steltzer noted that it is important for the Board to consider the number of different structures that an individual can choose in setting up the ownership of their home. In his case, his mother started the Trust and sold the property, and the house is owned in a Trust. There is also a Life Estate on the property, in which Nancy Emerson holds the right to live in the house. Since 2019 choose not to live in the house, all management of the house has been handled by Mr. Steltzer, including paying the taxes and bills. There was discussion on potential changes to the current rules and regulations to allow life estates, trusts, trustees, and beneficiaries eligibility to purchase resident permits. This is complex and would add a burden to complete for the upcoming season. It was suggested that Town Administration review to see if there is a simple fix to perhaps offer some rights to a narrowly defined group. 7 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 1.09.2023 www.brewster-ma.gov Page 5 of 7 Office of: Select Board Town Manager Selectperson Hoffmann moved to approve a waiver for Eric Steltzer for a transfer station permit. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-no, Selectperson Bingham- no, Selectperson Chaffee-no, Selectperson Chatelain- no, Chair Whitney-no. The Board vote was 0-Yes, 5-No. Update on State Approval of Special Act Establishing Town Charter Mr. Lombardi noted the work of the Charter Advisory Committee that was tasked with developing a draft Charter that was approved at Town Meeting in May 2021. . The Charter will supersede State Law, Town Bylaws and helps layout the form of our government. The Charter required a special act which needed approval of the State Legislature, generally this Charter retains our current form of Government, including open Town Meeting, Select Board and defines more clearly the power, and responsibilities and relationships of our elected and appointed Town Boards and staff. The Charter is intended to resolve any lingering conflicts or ambiguities between Town Bylaws and State laws. Mr. Lombardi stated that this is an important document for the Town that will serve us well for many years to come. Mr. Lombardi noted some near-term impacts, one is the change of terms of office for the Constable and Town Moderator, which will go from 1 to 3-year terms. The Planning Board member terms will go from 5 year to 4 year terms, these changes will take effect next local election. In Town Hall, the Town Administrator has been changed to Town Manager, which is intended to reflect additional operational and administrative duties. The town will be working with Town Counsel to develop articles that will address any remaining conflicts between the Charter and Town Bylaws. Mr. Lombardi confirmed that currently the Town Charter will take precedence. Discuss Plans for Wing Island Public Forum- Select Board’s FY23-24 Strategic Plan Goal CM-1 Mr. Lombardi shared that there will be a public forum on Wing Island on Thursday January 26, 2023 from 6pm to 8pm. The forum will be in Rooms A & B at Town Hall and accessible via zoom. The forum will start with a presentation by the Select Board and Town staff that will include information that has been talked about earlier this fall, the carrying capacity analysis and costs estimates. There will be a broad look at options for future access to the Island. The forum will discuss the Board’s interest and support for a Conservation Restriction on the Island. After the presentation, residents will have the opportunity to comment and ask questions. Residents will also have an opportunity to provide written comment and feedback, allowing the Board sufficient time to review and craft a warrant article to bring to May Town Meeting. Select Board members shared their goals for the forum, to provide factual information so Brewster voters can make well informed decisions and a look at the issue of access to Wing Island. Mr. Lombardi clarified that no further design work has been completed, the focus has been on the carrying capacity analysis and ecological considerations as well as developing construction costs estimates. Review of Wing Island Boardwalk Gift Agreement & Proposed Conservation Restriction The Select Board approved a gift agreement with the Brewster Conservation Trust (BCT) in summer of 2021, specifically aimed to transfer $1M in funds for construction costs associated with a potential new elevated boardwalk. Mr. Lombardi noted that at the time the intent of structuring the gift agreement the way it was with BCT as opposed to the donor was to maintain their anonymity. In talking to the donors recently, they 8 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 1.09.2023 www.brewster-ma.gov Page 6 of 7 Office of: Select Board Town Manager are aware of some of the community discourse and concerns raised and don’t want their anonymity to be a distraction. The donors are supportive of the Town sharing their identity so residents knew who they were and what their overall goal and perspective is, the donors are Leonard and Pamela Schaffer, long time major donors to BCT. The Schaffer’s are generous supporters of other local conservation organizations. Mr. Lombardi noted that the Schaffer’s were not initially and have continued to not be interested in dictating any of the particulars of the proposed project. Adding that the gift agreement is non-binding. Relative to the Conservation Restriction (CR), the gift agreement stipulates that the Brewster Conservation Trust would hold the CR. The Schaffer’s are open to having another responsible party holding the CR if that what makes sense for everyone involved. Mr. Lombardi shared since the property is already owned by the Town, the Conservation Commission would not be able to hold the CR, there needs to be a third party for the restriction to be enforceable. Review of 2023 Town Meeting Timeline & Vote to Open Warrant Mr. Lombardi reviewed the Town Meeting timeline that was included in the packet. Adding that the priority deadline for warrant articles is February 15, 2023. All recommendations by the Select Board and Finance Committee are due the first week of April. Selectperson Hoffmann moved to open the Spring Annual Town Meeting warrant for 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Chair Whitney-no. The Board vote was 5-Yes, 0-No. Discuss Potential Changes to Warrant Distribution to Residents & Town Meeting Date Mr. Lombardi shared that the company that the Town has used to publish our warrants and include them in the Cape Codder has increased their publishing costs and advised that they won’t distribute the papers with the warrant to Brewster residents. Following some research, the recommendation is to use the same vendor that publishes our annual town report and print about 1,200 to 1,300 hard copies of the warrant. Warrants would be available in town offices, local businesses, at Town Meeting and on the Town website. There was discussion on moving the Annual Town Meeting from Monday May 1, 2023 to Saturday May 6, 2023. Members of the Select Board shared their thoughts about the date of Town Meeting. The consensus of the Board is to hold Annual Town Meeting on Monday May 1, 2023 at 6pm. FYIs Selectperson Chatelain inquired about aide for the increasing electric rates by Eversource. Mr. Lombardi noted that information was shared on the website a few weeks ago for the anticipated price increases. This included energy efficiency programs offered. Matters Not Reasonably Anticipated by the Chair None 9 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 1.09.2023 www.brewster-ma.gov Page 7 of 7 Office of: Select Board Town Manager Questions from the Media None Next Meetings January 11 (Joint with the Finance Committee re. 5 Year Capital Improvement Plan), January 23, January 26, February 6, February 8, February 10, February 13, February 27, March 6, and March 20 2023 Adjournment Selectperson Hoffmann moved to adjourn at 8:06pm. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Bingham-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TA documents, Consent agenda items, 2022/2023 CDBG Grant application documents, presentation on proposed prohibition on sale of nips, Transfer permit information, shellfish permit documents, Town Charter approval, Wing Island public forum memo, Wing Island boardwalk gift agreement, 2023 Town Meeting timeline, Warrant distribution and Town Meeting date memo, FYIs. 10 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: 11 12 13 14 15 The Commonwealth of Massachusetts Town of Brewster To Stephen McKenna We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of the Commonwealth, do hereby appoint you to the Conservation Commission for a 3-year term, expiring June 30, 2025 Given at Brewster this 23rd day of January 2023 Recorded A.D. Attest:Town Clerk 16 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: 17 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. 18 FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion 11. OCCUPATION: ______________________________________________________ Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Job Title Dates of Employment 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 19 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: 20 FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: 21 The Commonwealth of Massachusetts Town of Brewster To Ronald Slowek We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of the Commonwealth, do hereby appoint you to the Conservation Commission for a 3-year term, expiring June 30, 2025 Given at Brewster this 23rd day of January 2023 Recorded A.D. Attest:Town Clerk 22 Commonwealth of Massachusetts Barnstable, ss Office of the Selectmen Town of Brewster ORDER OF ESTIMATE FOR BETTERMENT OF VESPER POND DRIVE Pursuant to Article V, Section 157-20 of the Town of Brewster Code, this Order of Estimate for Betterments is made after Vote of the Special Town Meeting of the Town of Brewster, Warrant Article #12 on November 14, 2022, for betterments to be assessed for improvements to the ways, known as Vesper Pond Drive, Mayflower Circle, Cranberry Lane, Deer Path Circle, Jam Lane, and Bay View Road (the "Ways"). The betterment includes road and drainage improvements. The approval of Warrant Article #12 follows a petition dated June 15, 2022 (the "Petition"), whereby a minimum of 50% of the abutters of the Ways, plus one, requested improvements to the Ways and agreed to this estimated assessment pursuant to Article V,Section 157-20 of the Town of Brewster Code. The Vote also follows a public hearing before the Town of Brewster Planning Board regarding the betterments and estimated costs. The Board of Selectmen, under the power and authority conferred upon them by Article V, Section 157-20 of the Town of Brewster Code, and Chapter 80 of the General Laws of the Commonwealth of Massachusetts, do hereby state that the Town and abutters as described above, have determined to repair the Ways, and that the Town, pursuant to the Petition, and after public hearing before the Town of Brewster Planning Board, has estimated the costs per parcel of land to be described in the following schedule of abutters (Exhibit A). A plan depicting the area expected to receive benefit or advantage from the improvement is attached hereto as Exhibit B. 23 The estimated amounts shall constitute a lien upon such land from the date of recording pursuant Massachusetts General Laws Chapter 80, Section 2. APPROVED and DATED Board of Selectmen David C. Whitney, Chair Edward B. Chatelain, Vice-Chair Kari Sue Hoffmann, Clerk Mary W. Chaffee Cynthia Ann Bingham Commonwealth of Massachusetts Barnstable, ss On this day of 2023_, before me, the undersigned notary public, personally appeared , personally known to me proved to me through satisfactory evidence of identification, which was _ __/ to be the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose, as a member of the Board of Selectmen. (Affix Seal) 2700784.2 Notary Public My commission expires: 24 Exhibit A ParcelID Location Owner Estimate for Betterment Book Page 138-50-0 1 BAY VIEW DRIVE COSTA MARTIN L & SHELDYN N 13,781.86$ 7044 115 138-58-0 8 BAY VIEW DRIVE MUDGE FRANCES D TRUSTEE 13,781.86$ 22183 242 138-57-0 32 BAY VIEW DRIVE FANCY RONALD A & MARGARET L 13,781.86$ 26030 80 138-56-0 50 BAY VIEW DRIVE SNIDER F REED JR & LINDA M 13,781.86$ 26162 20 138-55-0 62 BAY VIEW DRIVE ALACH FRED D &13,781.86$ 29251 303 138-51-0 79 BAY VIEW DRIVE JOHNSON ERIK & CASEY L 13,781.86$ 34098 308 138-54-0 84 BAY VIEW DRIVE BROOKE GARY R & VALERIE L 13,781.86$ 8041 193 138-52-0 97 BAY VIEW DRIVE DAUPHINAIS FRANK B III & AMBER J 13,781.86$ 33227 156 137-81-0 100 BAY VIEW DRIVE EQUI ELDINE 13,781.86$ 9337 116 138-53-0 107 BAY VIEW DRIVE KLINEFELTER THEODORE A &13,781.86$ 2266 283 137-78-0 129 BAY VIEW DRIVE CUMMINGS BARRY L 13,781.86$ 4072 268 137-80-0 130 BAY VIEW DRIVE OLIN JAY D & OLIN SUSAN TRUSTEES 13,781.86$ 30755 129 137-79-0 131 BAY VIEW DRIVE KUCHINSKY JOANN TRUSTEE 13,781.86$ 17557 174 137-30-0 17 CRANBERRY LANE DAVIS CORY A & AMANDA V 13,781.86$ 32054 137 137-71-0 18 CRANBERRY LANE SONNENBERG MARGARET V &13,781.86$ 30788 109 137-70-0 22 CRANBERRY LANE KELLY PAUL & SHAWN 13,781.86$ 32452 145 137-31-0 35 CRANBERRY LANE NEWTON SUZANNE J 13,781.86$ 19623 057 137-32-0 45 CRANBERRY LANE SECOR DANIEL T & MARY C 13,781.86$ 7157 126 137-69-0 56 CRANBERRY LANE MOFFETT FIONA SHAFTO JAMESON &13,781.86$ 30302 58 137-33-0 63 CRANBERRY LANE BRYANT RICHARD M 13,781.86$ 29652 120 137-37-0 84 CRANBERRY LANE CARTER KENNETH R &13,781.86$ 26520 236 137-34-0 87 CRANBERRY LANE KELLY GREGORY PAUL & CANDICE 13,781.86$ 2062 276 137-36-0 94 CRANBERRY LANE SMITH BERNARD D & ANNE C 13,781.86$ 2413 12 137-35-0 104 CRANBERRY LANE GOULD MARIE C TRUSTEE 13,781.86$ 29475 221 137-66-0 0 DEER PATH CIRCLE CORRIGAN JAMES T III & ELISABETH J 13,781.86$ 30108 195 137-38-0 5 DEER PATH CIRCLE ZACHARIAS LUZIA 13,781.86$ 31160 306 137-68-0 10 DEER PATH CIRCLE FRENCH DAVID A TRUSTEE 13,781.86$ 10005 244 137-67-0 20 DEER PATH CIRCLE WU MIAOCHEN TRUSTEE &13,781.86$ 25467 145 137-39-0 31 DEER PATH CIRCLE TAYLOR BRIAN J &13,781.86$ 29787 236 137-50-0 46 DEER PATH CIRCLE ALTO PETER J & CARRIE ANN 13,781.86$ 28217 273 137-49-0 54 DEER PATH CIRCLE VALCOURT ROBERT F & SUSAN E 13,781.86$ 16857 071 137-40-0 59 DEER PATH CIRCLE BLACK GUY D & LAURA J 13,781.86$ 31621 306 137-48-0 72 DEER PATH CIRCLE MOTTO ANTHONY J III 13,781.86$ 13242 17 137-41-0 73 DEER PATH CIRCLE THIBAULT PAUL J & RITA L 13,781.86$ 30994 288 137-47-0 84 DEER PATH CIRCLE CROCE CATHERINE J TRUSTEE 13,781.86$ 32975 62 137-42-0 85 DEER PATH CIRCLE MORSE FREDERICK W &13,781.86$ 29189 78 137-46-0 96 DEER PATH CIRCLE VALCOURT DIANE M & DAVID P TRUSTEES 13,781.86$ 31452 286 137-43-0 101 DEER PATH CIRCLE KBH LLC 13,781.86$ 30782 142 137-45-0 108 DEER PATH CIRCLE BARRETT P JEFFREY 13,781.86$ 32048 324 137-44-0 117 DEER PATH CIRCLE HOLGUIN ERIN J BUTLER &13,781.86$ 24872 284 137-63-0 14 JAM LANE STOCKS RICHARD W & SHARON C 13,781.86$ 5067 187 138-74-0 0 MAIN STREET EASTWARD MBT, LLC TRUSTEE 13,781.86$ 33963 211 138-75-0 0 MAIN STREET EASTWARD MBT, LLC TRUSTEE 13,781.86$ 33963 211 138-64-0 3966 MAIN STREET HANDCRAFT LLC 13,781.86$ 29833 158 138-63-0 10 MAYFLOWER CIRCLE FAUSTINI MARIO & LYNDA 13,781.86$ 34515 2 138-60-0 17 MAYFLOWER CIRCLE TYREE CHERYL W 13,781.86$ 25866 180 138-62-0 18 MAYFLOWER CIRCLE CORMIER LAWRENCE R & DONNA M 13,781.86$ 30936 292 138-61-0 28 MAYFLOWER CIRCLE MCINALLY IRIS G 13,781.86$ 15446 189 137-26-0 35 MAYFLOWER CIRCLE PERKINS HAMPTON S & PAMELA J 13,781.86$ 18670 064 137-27-0 44 MAYFLOWER CIRCLE DALEY NICHOLAS G 13,781.86$ 33198 176 138-59-0 68 VESPER POND DRIVE MAX STEPHEN & LYNN 13,781.86$ 6516 040 137-77-0 76 VESPER POND DRIVE VIVONA-MILLER LOUISE TRUSTEE 13,781.86$ 27783 214 137-28-0 99 VESPER POND DRIVE TUNNEY ELISABETH E 13,781.86$ 30286 333 137-29-0 103 VESPER POND DRIVE SOULE PETER W & SHARLEEN P 13,781.86$ 22679 328 137-72-0 135 VESPER POND DRIVE WHITAKER SARAH M 13,781.86$ 34506 183 137-76-0 138 VESPER POND DRIVE IRWIN MICHAEL J & HANSEN REBECCA R 13,781.86$ 34283 66 137-73-0 155 VESPER POND DRIVE VERDERY KATHERINE & MACK PHYLLIS 13,781.86$ 32978 112 25 !!!!!!!!!!!!!!!!!!!!ROAD(P R IVATE )(PUBLIC)(PRI VATE) (PRI VATE)(PRIVATE)M AYFLOW ERCIRCLEBAYV I E W DRIVE D RIV E (PRIVATE)(PRIVATE)L A N E HOLLYAVENUEAV E N U E POPLARLANEOWL P O N D R O A D VESPERSPONDDRIVECRANBERRY LANEDEER PATHCIRCLEJAMLANEOWLPONDROADOWL POND ROAD BAKERSPONDROADBAYVI EWDRI VEMAYFLOWERCIRCLE ( P R IV A T E )(PUBLIC)( P R IV A T E ) (PRIVATE)To wn o f Or l e a n s 91 92 18 19 31 33 30 32 20 T121 T122 T123 79 80 81 90 89 35 34 82 83 84 85 86 87 2 3 4 56 7 8 10 11 12 13 14 15 16 17 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 33 35 36 37 40 41 34 70 71 72 73 74 75 68 69 63 30 31 88 3839 62 64 65 66 67 Owl Pond Vespers Pond Lee's Pond 743.87 512.35167.421 5 0 . 0 0 1 7 9 .3 8114.579 7 . 7 0 36.0031.71 157.2853.78125.3231.711 8 9 .3 7 167.26194.62 88.5654.80252.08 342.08 88.54126.00 120.00126.00 120.00490.9599.73 120.29 5 7 .8 2 1151 6 4 .2 8 43.391 7 0 1 0 5 2 1 1.2 8 2 4 3 .0 6186.65126.171 6 0 1 7 0 . 4 2 3 0. 0 4 2001 7 0 167.22132.115 8. 8 7 2 5. 3 7 102.9764.54137.68 148.01 100.00 58.28 130.00147.9323.41 76.96 137.53 120.00120.00126.00 63.10 128.033 2 .7 0 84.54 41.87 47.12144.761 4 4 .7 4 103.0147.1223.95 47.12 41.87149.3595.26 24.15 121.56 50.00 96.00 63.37 120.00133.0140+/-162.13 212.151 2 0 172.51160119.07179.49 15.07210.00324.6 4 90.00 298.26145.50 158.03 106.03139.223 6 6 . 1 6 109.21 178.10106.0331.71 109.91108.2930.00166.1860.0063.1441.25118.52185.8663.1364.731 6 7.0 0 9 9 .2 8 55.00190.00158.93 1 2 6 .1 1 160.004 3 .1 4 54.93106.0185.49223.81 175.00 2 6 1 . 1 7 109 .7 7 85.00112.89 1 6 8 . 7 9170.00533.22221.08403+/-2 2 0.7 7 5 8 025.27139.5431.7811 3 . 6 9 2 3 5 .0 9 204.48512.35155.828 5 +/ -285+/-156 +/-3 6 6 +/-2 0 4 +/-227 +/- 207+/- 302+/- 1 8 6 .5 9 152.1952.78325 21.51 225 180+/-69.7054.96 402.14140.87 273.00 299.88196.00 1 7 4 .0 0 245.0079 62.28 7.0 110 52.4916.89152.1922.631 4 0 . 0 0 65161108.20 48.97 1 6 3 .9 638.11 194.59 183.09 100.80 16128.03 292.97 210.3684.60 6 6.4 5 3 2 4.6 4 2 4 3.3 9 5 0.00 437.6079.49 125.00110.611 6 4.6 9 2 2 2 . 7 7 34.39 89.81 5 .0 0 20.53 1 0 0.0 0 8 6.0 0 50.00 7 3 . 7 4 395 2 3 2 4 1 .6 0 1 8 2 .0 5 1 4 8 .6 8 152 10037 159.52 8 4 .5 0 481.79133.01151.89206.57 120.0027.00 27.55206.5780.00120.00 126.00 151.89120.00126.00 12012 0.00120.0026.87 62.5727.0027.5526.87 26.87 126.00 62.5726.8727+/-28+/-103.0147.12 124+/-490.95178.391 88 .30 148 .9 5 14 0.58202.43 156.17 9 8 .4 5 1 0 5 .0 0 1 6 0.211 3 .00 2 0 3 .4 5 147 .9 5 128.395 0.0 064 . 3 2150.0053. 6 193.95116.2510085142.561 3 0 1 1 010013050 265.21147.94 70108.9378.8824.3352.44 2 4.3 3 9 5.6 5 164.3812093.87225 86.05156.03 84.7557.01102.9 7 235.32166.0290 2 1 1.2 8 6 5 100110265.2151.30 9 5.6 5 117.7630.46125.89122252.96160152.67 415.4323.8488.72121.75128.24 34+/- 1 0 7 .1 8 77.4737.5012.9233.9027.00 234+/- 3 0.00 171.16 54.931 0 6 .4 7 270 .0 0117 .5784.5023.32110.13 2 0 2 .0 0 96.15107.231 0 0.0 3 125.34118.8535.951 6 9.5 3 205.1272.9885.121 9 4.4 8 55.00186.23 120.00120.001 9 4.4 8 79.9755.35128.09189.2 3 55.3580.00118.5889.9131.71 180740 159.94224191.59120185120.004524 54 7 .1 2 78.1930.006 0 107.6 60.00 48.79 85.80 8065 94.25 18.58 304112 +/- 179.0193.67107.15152.00 210640+/-107.61 85.56 236.14219.62 90.1647.12160.00 251.0185.86 64.63 40.00 85.00 160.00165.00 156.71201.85 113.7431.713 1 .7 1 35.3 411 2 . 9 9 122.7940.001 8 9.2 3 112.91170.92 1 0 7 . 4 4 71.38 103.7 7 25.20200.0080.00 140.00 2 7 6 +/- 1 3 5 . 9 6198.34189.477 8.6 0 4 0 . 0 0 107+/-170.002 0 0.4 8 75.6747.86240.26253.63163.72215.0027.14131.46152.24243.7080.00163.9372.7672.0331.71218.12 163.68 240.67221.59 139.3031.71 40.00300200287.92 110.18 121.27 7 0.0 0 2 3 6 . 0 2103.4585.56218.72 80.00170.0056.418 0.0 0 181.36200+/-2 5 3 . 1 1 109 .4 8 60.00 163 .3 9 256.409 4 .9 7 9 4 .2 3 9 0 .0 0256.45126.17 70.00 200.00140.00 140.00 199+/-356.811 1 9 + /-OWLP O N D 205.50315.19 439+/- 139.23 64.8992.6864.61115.00220.00 193.33 130.00115.00230.00 132.50437.99 72.0354.40162+/-253.45262.98 54.3945.6177.8547.12 167.421 6 0 . 0 0199.63100.00 1 7 2 + /-276+/-145.89 60.0035+/-71.52130.0 021.8778.1 3 48.6451.36130.0056.41 105.86 123.17178.20 195.0029.25128.5 2 42 8 9 3 4 7 97.92 369 40442410 1 0 4 24233546 357 375 41142322 120 131 1 4 2 160 151 1591631621 6 4 198104251715513518 22 56 63 45 35 171039 9 7 6 8710494 84531 59738510111 7 1088472544 6 14100 1291 3 1130 3206729181768 3 2 62 79 97 107 84 7 1 1 2 4 56 7 9 3 8 103 102 104 101 100 56 52 53 14 15 16 99 54 55 57 45 80 81 12 11 12 13 14 15 16 17 1819 20 22 23 24 2627 28 29 30 31 32 33 34 35 3637 38 39 40 41 42 43 44 45 46 47 4849 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 67 68 69 7173 74 77 78 7980 81 75 70 72 21 25 10 76 66 54 555657586059 51 52 53 61 69 70 71 .72 AC TOTAL .57 AC .65 AC .59 AC .49 AC 5.88 AC UPLAND1.76 AC LOWLAND 7.64 AC TOTAL .62 AC .49 AC .60 AC 1.61 AC UPLAND 2.61 AC TOTAL 1.00 AC WETLAND 3.90 AC .35 AC 5.57 AC .74 AC 4.74 AC 2.00 AC 1.24 AC 1.21 AC 19.22 AC UPLAN D 20.27 AC TOTAL1.05 AC WETLAND .87 AC .76 AC 1.10 AC WETLAND 37.14 AC .56 AC .50 AC 1.05 AC .10 AC .44 AC WETLAND1.11 AC TOTAL 1.10 AC UPLAND1.10 AC WETLAND 2.20 AC TOTAL 0.99 AC UPLAND 2.10 AC TOTAL 1.30 AC .36 AC .37 AC .36 AC .43 AC .35 AC .35 AC .38 AC .37 AC .37 AC .40 AC 12.75 AC .35 AC .68 AC .64 AC .68 AC .47 AC .76 AC .47 AC .69 AC .66 AC 1.66 AC .37 AC .35 AC .35 AC .35 AC .37 AC .94 AC UPLAND.28 AC WETLAND1.22 AC TOTAL .89 AC UPLAND.23 AC WETLAND1.12 AC TOTAL .54 AC .50 AC .40 AC.36 AC .50 AC .36 AC .47 AC UPLAND.53 AC WETLAND1.00 AC TOTAL .41 AC UPLAND.37 AC WETLAND.78 AC TOTAL .58 AC UPLAND.94 AC WETLAND1.52 AC TOTAL .33 AC UPLAND.30 AC WETLAND.63 AC TOTAL .35 AC UPLAND.14 AC WETLAND.49 AC TOTAL .44 AC WETLAND.87 AC TOTAL .40 AC UPLAND .15 AC WETLAND.55 AC TOTAL .43 AC .38 AC .79 AC .63 AC .80 AC UPLAND.29 AC WETLAND1.09 AC TOTAL .56 AC .59 AC .56 AC .56 AC .82 AC .86 AC .45 AC .53 AC 1.07 AC .63 AC .88 AC .80 AC .85 AC 3.00 AC .63 AC .99 AC .94 AC 1.10 AC .44 AC.53 AC .54 AC .53 AC .54 AC .58 AC .93 AC 2.18 AC UPLAND2.33 AC LOWLAND 4.51 AC TOTAL .67 AC UPLAND .43 AC UPLAND .77 AC .64 AC .74 AC.75 AC.79 AC.55 AC.55 AC UPLAND.17 AC WETLAND.40 AC UPLAND.32 AC WETLAND.72 AC TOTAL .80 AC .63 AC .59 AC .48 AC 1.56 AC 1.48 AC UPLAND0.17 AC WETLAND1.65 AC TOTAL .58 AC .70 AC.63 AC UPLAND .85 AC TOTAL.22 AC WETLAND .78 AC TOTAL 137 LOCUS MAP TAX MAP 38283727172636167352565241434231343312323221121231103012029199818 15 114113112111110109108107106105 128116115127139126138125124136148135123147146122134145121133151144132120119143131142118130150129141149117 6959586850576749566648 765565477554746446734553637252624451436171604270 41 10310291801019079788910088997798878697968495948382938192 104 85 39 40 BREWSTERMASSACHUSETTS 137 0 100 200 300 400 50050FEET REVISED TO: THE HORIZONTAL DATUM IS THE MASSACHUSETTS STATE PLANECOORDINATE SYSTEM, NAD 83. SCALE: 1'' = 250' 1/1/2022 ³ THIS MAP IS PREPARED FOR THE INVENTORY OF REALPROPERTY WITHIN THE TOWN OF BREWSTER AND ISCOMPILED FROM RECORDED DEEDS, PLAT, TAX MAPS, SURVEYS, PLANIMETRIC MAPS AND OTHER PUBLICRECORDS AND DATA USERS OF THIS TAX MAP ARE HEREBY NOTIFIED THAT THE AFOREMENTIONED PUBLICPRIMARY INFORMATION SOURCES SHOULD BE CONSULTEDFOR VERIFICATION OF THE INFORMATION CONTAINEDON THIS MAP. THE TOWN OF BREWSTER AND ITS MAPPING CONTRACTORS ASSUME NO LEGALRESPONSIBILITY FOR THE INFORMATION CONTAINEDHEREIN. PROPERTY LINE MATCH LINE EASEMENT PARCEL NUMBER ACREAGE CALCULATED ACREAGE SURVEY DIMENSION DEED DIMENSION SCALE DIMENSION STREET NO. SURVEY LOT NO. BUILDING WETLAND CRANBERRY BOG OPEN WATER HYDROLOGY DRIVEWAY TRAILS OVERHEAD LINES 366.35 AC66.35 AC (C) 160 160 (D) 160 (S) 2235 (2) !!!!!!!!!!!! CAPE COD BAY DENNISHARWICH ORL EANSCHATHAM REVISED & REPRINTED BY 11 Pleasant Street, Littleton, NH 03561800.322.4540 - www.cai-tech.com MAPS PREVIOUSLY MAINTAINED BY AECOM Exhibit B 26 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!3 3 4 . 0 2 1 3 3 . 4 8 (P R I V A T E )PELLSF IS H IN G R O A D (PRI VATE) M AYFLOW ERCIRCLEBAYV I E W DRIVE D RIV E (PRIVATE)(PRIVATE)OWL DRIVEBAYVI EWDRI VEMAYFLOWERCIRCLE (P R IV A T E ) 28 31 33 27 32 35 36 34 10 5 6 36 37 40 41 73 74 75 68 69 63 3839 62 64 65 66 67 167.421 5 0 . 0 0 1 7 9 .3 8114.579 7 . 7 0 36.0031.71 53.78125.3231.711 8 9 .3 7 167.26186.26 99.73 120.29 1 8 0 1758 7 . 4 4104.91140186.65173.95 126.17132.115 8. 8 7 2 5. 3 7 102.97176.24 1 3 4 .9 6 162.45 5 8 .2 2 5 2 .2 6 70122.71 224.28 162.13 212.151 2 0 172.51160119.071 6 8 . 7 9170.0093.87225 86.05156.03 219.62 90.16160.00 165.00 71.38 103.7 7 25.20200.0080.00 140.00 2 7 6 +/- 1 3 5 . 9 6198.34189.477 8.6 0 4 0 . 0 0 107+/-170.002 0 0.4 8 75.6747.86240.2627.14131.46152.24243.7080.00163.9372.7672.0331.71218.12 163.68 240.67221.59 139.3031.71 40.00110.18 121.27 7 0.00 2 3 6 . 0 2103.4585.56218.72 80.00170.0056.418 0.0 0 181.36200+/-2 5 3 . 1 1 10 9 .4 8 60.00 163 .3 9 256.409 4 .9 7 9 4 .2 3 9 0 .0 0256.45126.17 70.00 200.00140.00 140.00 199+/-356.811 1 9 + /-45.00290.56 2 6 .7 9 (PUBLIC) (PUBLIC) (ROUTE 6A) LANE OWLPONDROADMAIN STREET (R O U T E 6 A )SEAVI EWR O A D W ID G E O N W A Y ELDREGGEROADWESTERN EAGLE CARTWAY SOUTHERNEAGLECARTWAYV E S P E R S P O N D WESTERN EAGLE CTWY.NEW ENGLANDDRIVE( P R IV A T E ) (PUBLIC)(PUBLIC)(PUBLI C)(P U B L IC )(PRIVATE)(PRIVATE)B A Y S T A T E C O U R T WAY WAY (PUBLIC) R O A D 47.36 80.00 80.00 80.00 293.70290.16284.32205.42136.62100.00 194.39150.00200+/-57.00 78.84 78.30 205.50 1 60 .101 0 0 . 0 0 5 36 . 1 41 50 .00 100.6 8 14 2.631 1 0 . 0 0 8 2.4 4 1 50 .001 0 0 . 0 0 1 5 0 .00 1 0 0 . 0 0 1 0 0 . 0 0 9 3 . 4 3 1 3 5 . 0 0120.0 0 80.00143.56176.7114 0.0 0 1 2 5 . 0 0 5 6 1 . 3 8278.27155148.401 6 3 .5 2 210.85153.15154.58 123.69 15031.42265142.85197.2094.02168.4041.7620 92.01 37.80 103 .2 4 234.51138.30 20.56160198.04 160202.50 203.1099.4615 0 138.28320.28276 .0 0 51 .9 4 2 2 4 .0 6 255.00425.451 5 0 . 0 0 180.00 140.00100.00 94.771 31.3756.13 20.392 0 . 3 9 92.4794.77 5 4. 2 9 54.76138.31131.7918.22 112.091 3 4318.11250.00233.06198+/-2 0.0 086+/-114.35 100.00 48.42 156.04 128.44475+/-119.65 110.00 315.1993.5454.082 8 . 0 0 252.31244.8014520.43140 .0 0 278+/-200.79124.98105+/-95+/-90.00102.12158.27120.0069.8330.19 163.22 209.83 24+/-439+/- 1 0 0 . 0 0 1 0 0 . 6 8 15 0.0 0 15 0.00 1 5 0.0 0 15 0.001 5 3 .1 2 157.80 110.00144.0196.1314.4455.009 3 . 0 0 67.051 0 0 . 0 0 4 8 . 0 0 52.131 0 0 . 0 0 1 0 0 . 0 0 1 0 0 . 0 0 139.23 64.8992.68247.3864.61115.00220.00 193.33 130.00115.00230.00 132.50437.99 72.0354.40162+/-253.45262.98296.5254.3945.6177.8547.12 4 7 6 +/-95+/-119+/-100.00125.00 8 3.3 1 2 8 4.1 1 1 0 0 . 0 0 1 0 0 . 0 0 1 0 0 . 0 0 1 0 0 . 0 0 1 5 0 1 0 0 . 0 0 47.12 6 5 .1 7 29.45 6 5 .1 7 47.12 29.4561.83184.57 127.75181.71 27.0872.92100.0043.49192.07102.07100.001 0 0 . 0 01 25.971 9 1 .4 6 2 1 .5 1 262.02 155+/- 1 5 5 + /- 71.16183.1848+/-100+/-57+/-176.44 131.79 145.29155.00 163.39 100.00100.64 152.20181.74105.73125.9059.26 207.23112.11220.2597.06136.45102.04203.48 167.421 6 0 . 0 0199.63100.00 1 7 2 + /-276+/-1 1 1 + /- 7 8 8 .2 6 145.89 60.0035+/-71.52130.0 021.8778.1 3 48.6451.36130.0056.41 105.86 123.17 1 2 9.1 2 1 2 3.3 7 9 2.4 957.7731.59113.17 201.18 106.30 85.96 4 1 .1 4200.4 5 2 9 8 .0 4 1 5 0 .1 3184.331 9 8 . 5 3 1 7 1 .7 5 385+/ - 91.59 1 5 1 . 8 9 176.10160.00155.00 57.7057.0322.6621.52 116.95 160.00165.00 165.00160.00161.47484.61 165.0024.99 129.32 5 8 .5 8151.37103.64 156.65150.00105+/-100281.68209.48 126+/-210.32125.03125.00212.9428.12121.181 6 0 .8 9 185.005 0 .0 0 9 6.6 8 9 9 +/-256+/-96.18212.40 108.76 103.64130.00103.64 107.66 129+/-211.30146.43127.2970.00 140.98 130.00125.00150.00 150.00 149.75149.75154.61 154.61 146.39159.26236.6412.0316. 9 84 5 4 .8 7 1 3 3 . 4 8 160.4024.32 74 . 0 5 2 8 3 . 6 6160.10 122.26 80.00 645 .1 0 185+/-138.69393.015 7 0 . 6 5 2 76 . 2 1 80.00 80.0070.0070.00100.00 178.20 127.26 195.0031.42 80.9 1 1 7 . 3 8 29.2580.7594+/ -202.01165 147 155 150150150149.7571.64298.12 2 7 7 .2 3 50.0030.00 2 5 .0 0 50.00123+/- 151.10 224.74128.5 2 374+/-195+/-155+/-150To wn Of Or l e a n s 12 13 1 20 19 21 32 31 30 29 28 85 86 87 94 92 91 89 88 90 94 3 1 2 34 22 34 36 37 6 7 8 9 10 11 12 13 42 42 43 G 4 5 44 2 T1,3 & 4 T5 & 6 T7& 8 9 10 11 5 8 9 27 26 25 24 23 22 9 10 8 T1,2,3,6, &7 H 3 4 1 2 5 6 7 33 14 7 2 8 3 4 5 6 GRANI TES T A T E C O U R T 36.10 97.92 1 0 4 3844 3850 3852 3884 3873 3837 27 3821 18241719 1 5 3 129 120 1039 9 7 6 100 1291 3 11301 2 0 1 1 0 1 0 0 9 0 726 51 0 5 64614 73975 3937 3 2 30394483695127 54666362 3981 4018 4 0 5 3 3900 2243673936 3966 29181768 3 2 62 79 97 1078284 46.55 17.65 O R L E A N S R O A D 100.049 56 59 54 60 78 79 80 81 2627 28 29 30 77 78 7980 81 10 76 54 555657586059 8 4 5 6 7 8 9 1 2 3 7 72 74 76 22 23 24 25 26 27 28 29 30 3133 36 37 38 39 5457 32 21 5556 10 12 13 14 15 16 17 18 19 20 21 22 24 2728 29 30 31 32 33 34 35 36 37 38!39 40 41 42 43 44 45 11 75 49 51 52 53 61 62 63 64 66 67 68 69 70 71 25 47 73 77 78 79 80 81 50 .72 AC TOTAL 5.88 AC UPLAND1.76 AC LOWLAND7.64 AC TOTAL .62 AC 1.61 AC UPLAND .56 AC .68 AC .68 AC .55 AC .59 AC .69 AC .66 AC .49 AC .81 AC .47 AC UPLAND.53 AC WETLAND1.00 AC TOTAL .41 AC UPLAND.37 AC WETLAND.78 AC TOTAL .58 AC UPLAND.94 AC WETLAND1.52 AC TOTAL 3.00 AC .63 AC .99 AC .94 AC 1.10 AC .64 AC .74 AC.75 AC.79 AC.55 AC.55 AC UPLAND.17 AC WETLAND.40 AC UPLAND.32 AC WETLAND.72 AC TOTAL .50 AC .45 AC .80 AC .63 AC .59 AC .48 AC .40 AC .29 AC 1.56 AC 7.59 AC UPLAND7.21 AC WETLAND14.80 AC TOTAL 8.55 AC UPLAND6.54 AC WETLAND 15.09 AC TOTAL 2.38 AC UPLAND0.95 AC WETLAND 1.48 AC UPLAND0.17 AC WETLAND1.65 AC TOTAL 0.10 AC WETLAND0.51 AC UPLAND 0.61 AC TOTAL 3.63 AC UPLAND 3.67 AC TOTAL.04 AC WETLAND 5.21 AC .35 AC 0.74 AC .81 AC .34 AC .34 AC .34 AC .34 AC .35 AC .39 AC .38 AC .42 AC .34 AC .43 AC .42 AC .43 AC .37 AC .34 AC .48 AC .48 AC .50 AC .50 AC .65 AC .40 AC .38 AC .42 AC .52 AC .45 AC.42 AC .59 AC .48 AC .78 AC .75 AC 2.58 AC UPLAND.03 AC WETLAND2.61 AC TOTAL .53 AC 1.24 AC .28 AC WETLAND5.41 AC UPLAND 5.69 AC TOTAL .55 AC UPLAND.02 AC WETLAND.57 AC TOTAL .72 AC 2.20 AC .74 AC UPLAND.44 AC WETLAND 1.18 AC TOTAL 1.01 AC UPLAND.29 AC WETLAND1.30 AC TOTAL 2.25 AC UPLAND1.61 AC WETLAND3.86 AC TOTAL .47 AC .67 AC .58 AC .70 AC.63 AC UPLAND .85 AC TOTAL.22 AC WETLAND .56 AC UPLAND.22 AC WETLAND .78 AC TOTAL .68 AC WETLAND1.06 AC TOTAL .38 AC UPLAND 3.33 AC TOTAL .34 AC .34 AC .49 AC .95 AC .61 AC .31 AC .32 AC .66 AC .52 AC .53 AC .61 AC 2.87 AC .51 AC .63 AC 1.29 AC 9.61 AC UPLAND 10.98 AC TOTAL 1.37 AC WETLAND .82 AC .36 AC .53 AC .53 AC 1.00 AC .56 AC 0.52 AC 1.47 AC .17 AC 138 LOCUS MAP TAX MAP 38283727172636167352565241434231343312323221121231103012029199818 15 114113112111110109108107106105 128116115127139126137125124136148135123147146122134145121133151144132120119143131142118130150129141149117 6959586850576749566648 765565477554746446734553637252624451436171604270 41 10310291801019079788910088997798878697968495948382938192 104 85 39 40 BREWSTERMASSACHUSETTS 138 0 100 200 300 400 50050FEET REVISED TO: THE HORIZONTAL DATUM IS THE MASSACHUSETTS STATE PLANECOORDINATE SYSTEM, NAD 83. SCALE: 1'' = 250' 1/1/2022 ³ THIS MAP IS PREPARED FOR THE INVENTORY OF REALPROPERTY WITHIN THE TOWN OF BREWSTER AND ISCOMPILED FROM RECORDED DEEDS, PLAT, TAX MAPS, SURVEYS, PLANIMETRIC MAPS AND OTHER PUBLICRECORDS AND DATA USERS OF THIS TAX MAP ARE HEREBY NOTIFIED THAT THE AFOREMENTIONED PUBLICPRIMARY INFORMATION SOURCES SHOULD BE CONSULTEDFOR VERIFICATION OF THE INFORMATION CONTAINEDON THIS MAP. THE TOWN OF BREWSTER AND ITS MAPPING CONTRACTORS ASSUME NO LEGALRESPONSIBILITY FOR THE INFORMATION CONTAINEDHEREIN. PROPERTY LINE MATCH LINE EASEMENT PARCEL NUMBER ACREAGE CALCULATED ACREAGE SURVEY DIMENSION DEED DIMENSION SCALE DIMENSION STREET NO. SURVEY LOT NO. BUILDING WETLAND CRANBERRY BOG OPEN WATER HYDROLOGY DRIVEWAY TRAILS OVERHEAD LINES 366.35 AC66.35 AC (C) 160 160 (D) 160 (S) 2235 (2) !!!!!!!!!!!! CAPE COD BAY DENNISHARWICH ORL EANSCHATHAM REVISED & REPRINTED BY 11 Pleasant Street, Littleton, NH 03561800.322.4540 - www.cai-tech.com MAPS PREVIOUSLY MAINTAINED BY AECOM Exhibit B 27 1 Donna Kalinick From:Colette Williams Sent:Thursday, January 19, 2023 3:50 PM To:Peter Lombardi; Donna Kalinick; David Whitney Subject:Citizens Petition Attachments:20230119160547730.pdf The attached citizens petition has obtained enough signatures for a Special Town Meeting. Thank you, Colette M. Williams, MMC/CMMC Town Clerk Records Access Officer Brewster, MA Beginning March 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov *The Commonwealth of Massachusetts Secretary of State has determined that e- mail is a public record 28 29 30 31 32 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Website Announcement: January 13, 2023 ____________________________ Town to Host Public Forum on Wing Island Access The Brewster Select Board & Town Manager invite residents to attend a public forum on access to Wing Island on Thursday January 26 from 6PM to 8PM in Town Hall Rooms A & B. The program will be livestreamed and live broadcast on Ch 18, so viewers can participate remotely as well. Please click the link below to join the webinar: https://us02web.zoom.us/j/81430426289?pwd=RGJhcEJ5OTZqSVh0T1RrdXpVRk1tdz09 Or call: (305) 224-1968; Webinar ID: 814 3042 6289; Passcode: 993993 The session will begin with a presentation by the Select Board and Town staff that will include updated information for residents to consider and a review of potential future access options. The presentation will also introduce elements to consider in bringing a conservation restriction of the island to Town Meeting. Following the presentation, residents will be given the opportunity to make comments and ask questions. Residents can also submit written comments to the Town after the forum. Public feedback will inform Select Board decision making regarding the warrant article on Wing Island access that will be brought to Town Meeting voters in May 2023. In advance of the forum, more background information can be found here. Office of: Select Board Town Administrator 33 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Select Board FROM: Donna J. Kalinick, Assistant Town Manager RE: Housing Program Financial Plan DATE: January 23, 2023 The Brewster Affordable Housing Trust (BAHT) over the last year has worked on developing guidelines and an application for funding requests and a five year financial plan. The Budget Team of Peter Lombardi, Mimi Bernardo and Donna Kalinick, working with Select Board and Trust member, Ned Chatelain met several times to create a financial plan for the Trust. In the creation of this plan, we realized that the financial plan really needed to encompass the entire housing program. A draft plan was presented to the Trust in November and a final plan was voted on in December. The Financial plan was then brought to the CPC in a joint meeting of the Trust and the CPC on January 11, 2023. Because the CPC is a major source of funding for the Trust, it was important to include the CPC in the decision-making process. The Financial Plan included a calculation of the town-sponsored known housing requests and how that related to the new CPC target allocation policy of 30% of CPA funds going to housing over a five-year period. The CPC and the Trust also discussed the future of the Buy Down program and the potential for the Trust receiving a percentage annual amount of housing funding, versus applying for funds per project. The Select Board has on their Strategic Plan (H-1) for the Housing Trust to develop a five year financial plan that will help the Select Board determine if the current policy to allocate 50% of the forecasted short-term rental revenue expansion tax to the Affordable Housing Trust is financially sound and viable. The Financial Plan includes the expected revenues and expenses and allows for the Trust to have adequate reserves. We look forward to discussing this plan fully with the Board and hope that it will assist in making budgetary decisions. The investments that have been made in housing in the last five years have resulted in gains in the creation, support and preservation of housing in our community. It is recommended to have a joint meeting between the Select Board and the Trust in the near future to discuss the current Trust bylaw that requires approval of the Select Board for Trust expenditures over $50,000 in light of the Trust’s new funding application process and the Trust taking over the Buy Down program in the near future. While the current Trust bylaw was meant to add a level of assurance in its’ infancy. The Trust is now in year 5 and is well established with sound policies being implemented. Office of: Town Manager Select Board 34 Housing Trust 5 Year-Plan FY23-27 11.16.22 FY23 FY24 FY25 FY26 FY27 Carryforward Balance 1,195,879 1,190,879 893,879 714,569 1,053,821 Anticipated Revenues 1,891,900 2,870,580 2,344,461 2,519,557 2,425,927 Appropriations 1,896,900 3,167,580 2,523,771 2,180,304 2,567,196 End Balance 1,190,879 893,879 714,569 1,053,821 912,553 FY23 FY24 FY25 FY26 FY27 Projects:Funding Source Housing Coordinator CPA- Salary Only 66,900 70,580 74,461 78,557 82,877 Benefits paid by the Town-approx. 35K/ year Housing Program Asst.BAHT Salary Only -42,000 44,310 46,747 49,318 19 Hours- new non-benefitted position Rental Assistance CPA 150,000 150,000 150,000 Preservaton of SHI Homes CPA 300,000 200,000 Buy Down Program CPA 300,000 300,000 Housing Production Plan CPA 30,000 212 Yankee Drive BAHT 75,000 Town Development of Other Properties BAHT 500,000 500,000 Outside Applications for Funding BAHT 50,000 50,000 50,000 50,000 Millstone Road Community Housing CPA/BAHT 1,000,000 Legal Expenses CPA/BAHT 5,000 5,000 5,000 5,000 5,000 Housing Rehabilitation-Child Care Vouchers CDBG-Regional Grant 1,300,000 1,500,000 1,700,000 1,700,000 1,700,000 Town is lead community for Dennis, Wellfleet and Brewster Total Appropriations:1,896,900 3,167,580 2,523,771 2,180,304 2,567,196 Sources Short Term Rentals Allocation 375,000 400,000 420,000 441,000 463,050 Financial Forecast 5% escalator CPA Housing Coord. Wages 66,900 70,580 74,461 78,557 82,877 CPA Rental Assistance 150,000 150,000 150,000 CPA for SHI Homes -200,000 Proceeds on Re-sale of SHI Homes 150,000 CPA Buy Down 300,000 300,000 CPA Housing Production Plan 30,000 CPA Millstone Rd. Community Housing 250,000 Grants & Donations Community Development Block Grant (CDBG)1,300,000 1,500,000 1,700,000 1,700,000 1,700,000 Total Revenues:1,891,900 2,870,580 2,344,461 2,519,557 2,425,927 CPA Rev 216,900 820,580 224,461 378,557 262,877 CPA Exp 516,900 570,580 224,461 378,557 262,877 390,675.00 5 year average Estimated annual CPA revenue 1,492,304 1,529,612 1,567,852 1,607,048 1,647,225 Target Allocation Policy- Housing 30%447,691 458,884 470,356 482,115 494,167 TAP - Open Space 30%447,691 458,884 470,356 482,115 494,167 TAP - Recreation 10%149,230 152,961 156,785 160,705 164,722 TAP- Historic 10%149,230 152,961 156,785 160,705 164,722 CPA Recommended 20%298,461 305,922 313,570 321,410 329,445 1,492,304 1,529,612 1,567,852 1,607,048 1,647,225 35 Town of Brewster Affordable Housing Trust Fund Program Guidelines & Application Brewster Affordable Housing Trust Fund Ned Chatelain Tim Hackert Madalyn Hillis-Dineen Vanessa Greene Donna Kalinick Paul Ruchinskas Maggie Spade-Aguilar Staff contact: Jill Scalise, Housing Coordinator Approved by the Brewster Affordable Housing Trust September 1, 2022 36 Brewster Affordable Housing Trust Program Guidelines and Application 2 Program Guidelines & Application Table of Contents Housing Guidelines Page # I. Brewster Affordable Housing Trust Mission Statement & Goals 3 II. Roles and Responsibilities of the Housing Trust 4 III. Priorities of the Housing Trust 5 IV. Eligible Activities 6 V. Funding Guidance 8 VI. Project Monitoring 9 VII. Reporting 10 VIII. Periodic Updating of the Guidelines 10 IX. Application Process 10 X. Selection Criteria 11 XI. Application Form/ Attachment List 12 Glossary of Housing Terms will be available on the new Town of Brewster website. 37 Brewster Affordable Housing Trust Program Guidelines and Application 3 Town of Brewster Affordable Housing Trust Fund Program Guidelines and Application I. Brewster Affordable Housing Trust Mission Statement and Goals Housing Trust Mission Statement: The Brewster Affordable Housing Trust (“BAHT”) seeks to expand and preserve year-round rental and ownership homes that are affordable to moderate, low, and very low income households. Our efforts will foster a welcoming environment for demographically and socio- economically diverse populations. The BAHT is committed to education, collaboration, and community engagement. - Accepted April 4, 2019 Brewster Affordable Housing Trust (BAHT) Goals The Trust has identified the following goals to use as guiding principles to implement Trust Mission Statement: 1. Develop and Preserve Affordable Housing: The BAHT will develop and preserve affordable housing and support the work of others seeking to do the same. Our work will serve very low-, low-, and moderate-income individuals and families, which means households with up to 100% Area Median Income (AMI). 2. Educate: The BAHT will work to educate individuals and organizations about Brewster’s community housing and why affordable housing is important to the town, its residents and visitors. Coordinating with the Brewster Housing Partnership (BHP), we will partner with other housing organizations from within and outside Brewster to provide educational opportunities to our citizens. 3. Advocate and collaborate: The BAHT will advocate for development proposals, projects, local bylaws, state and federal laws, and other programs that advance our mission to create and preserve affordable housing. We will collaborate with local, state, and federal officials as well as public, non-profit and for-profit entities to achieve our goals. 4. Engage and Communicate: The BAHT will engage and communicate with town residents, and listen to, and learn from, their ideas, so that our work reflects a broad consensus. Originally approved by the Brewster Affordable Housing Trust August 15, 2019 38 Brewster Affordable Housing Trust Program Guidelines and Application 4 II. Roles and Responsibilities of the Brewster Affordable Housing Trust Purpose of the Trust: The purpose of the Trust is to provide for the preservation and creation of affordable housing in the Town of Brewster for the benefit of low and moderate income households and for the funding of community housing as defined in and in accordance with the provisions of Massachusetts General Laws, Chapter 44, Section 55C. The Trust can use property, both real and personal, and expend funds as the Board of Trustees deems most appropriate to carry out such purpose consistent with the policies adopted from time to time by the Select Board regarding affordable housing. Management of the Trust: The Trust is governed by a Board of Trustees consisting of seven Trustees who are appointed by the Select Board for a term of two years. The Board is comprised of one member of the Select Board, Housing Partnership, Community Preservation Committee, and Planning Board; two residents at large; and the Town Administrator or his designee. The Powers of the Trustees: As stated in the Declaration of Trust, the Trustees may undertake any activity that would create and preserve affordable housing for the benefit of low and moderate income households. Their powers include, but are not limited to, the right to receive, purchase and convey real or personal property; to sell, lease, exchange or transfer property; to execute deeds, contracts, and grant agreements; to employ and compensate advisors and agents; to borrow money; to manage or improve real property and to abandon property which the Board determines not to be worth retaining; to issue policy goals and statements to serve as guidelines for the Trust and to provide funds for the benefit of low and moderate income households to assist in the acquisition, creation, preservation, rehabilitation and support of housing affordable for such families. Any expenditure of funds in an amount over $50,000, and any sale, lease, exchange, transfer of conveyance of property having a value in excess of $50,000, requires the approval of the Select Board. Funding of the Trust: The Brewster Affordable Housing Trust Fund (the “Trust Fund”) was initially funded by the dissolution of the Affordable Housing Fund and the transfer of the funds to the Trust Fund. Community Preservation Act (“CPA”) funds, in accordance Section 5 of the CPA, may be allocated to the Trust Fund. CPA funds appropriated into the Trust Fund may be used only for CPA approved activities, such as the acquisition, creation, preservation, and support of community housing, and for the rehabilitation of community housing acquired or created using CPA Funds. Additionally, the Trust Fund has received free cash from the Town of Brewster, including a portion of Brewster’s Short Term Rental Revenue; these monies are not subject to the CPA restrictions, but are required to be used for the purposes of the Trust. 39 Brewster Affordable Housing Trust Program Guidelines and Application 5 III. Housing Trust Priority Initiatives for FY 2022-23 A. Develop and Preserve Affordable Housing: Develop new affordable housing (by building): o Support and advance the development of community housing on the Millstone Road property. Subsequent to RFP issuance, select developer and support their efforts to develop rental housing in a timely manner. Determine the amount of funding that the Trust should reserve for a potential request, provide support through funding cycles and permitting process, continue to engage the public. o Participate in the exploration of the potential development of community housing on the Cape Cod Sea Camps Parcels. Develop new affordable housing (without building): o Evaluate the effectiveness of the current accessory dwelling unit bylaws and advocate for policy, financial, or implementation changes if necessary. o Evaluate the effectiveness of the current rental voucher program. o Revisit the feasibility of a rent-to-own program. Evaluate the effectiveness and reach of the existing Community Development Block Grant (CDBG) home rehabilitation program, refine procedures, and study whether the Trust needs to explore supplementing the program in any way. Continue to work to preserve the existing 3 Subsidized Housing Inventory (SHI) homes in distress and other units through outreach and, when required, with financial support. Work with the Community Preservation Committee (CPC) to determine the future of the Brewster Buy Down program Develop rules and program guidelines for the BAHT, particularly around funding requests Participate in the Local Comprehensive Plan (LCP) process, including advocate and explore a review of current zoning as it relates to housing. B. Educate: Hold at least annual forums and Select Board updates as well as regularly post information on the Town website. o Community Housing Fair and Forum Hold ongoing joint meetings with other committees such as CPC, BHP, SB & FC Hold, and/or participate in, Community Housing education sessions and forums that address or include Fair Housing, Local Preference, and Regional Partnerships. 40 Brewster Affordable Housing Trust Program Guidelines and Application 6 IV. Eligible Activities The Trust Fund can be used to support the following activities. Note that CPA funds must be used only for those purposes specified in the CPA as allowable activities, while the Trustees may use non-CPA funds for programs offering a broader range of purposes that are consistent with the Declaration of Trust and the provisions of MGL Chapter 44, Section 55C. A. PRESERVATION PROGRAMS Preservation of Subsidized Housing Inventory (SHI) Affordable Homes: 1. Housing Preservation and Improvement Activities The BAHT received a CPA grant of $500,000 in November 2019 to assist in the preservation and acquisition of SHI homes. Funds will be prioritized for affordable homes identified as non-compliant (for example, uninhabited) and/or at risk of losing their affordable deed restriction. In certain instances, the BAHT may use funds to preserve affordability of units already included in the Town’s Subsidized Housing Inventory (“SHI”) by providing funds for repairs necessary to enable residents to continue to reside in their homes. This may include the purchase of homes in specific circumstances. CPA Allowable Activities: CPA funds may be used for repairs that are necessary to preserve affordable housing from injury, harm or destruction, which may include, but are not limited to, the following: Building envelope and site work to preserve the structural integrity of the homes Roof, siding and window replacements to assure the water tightness of the housing units Upgrading of dangerous electrical or plumbing systems Replacement of dangerous building systems that threaten the housing units Failed Septic Systems Installation of hard-wired smoke alarms, sprinklers and other building fire suppression systems Funds cannot be spent for maintenance or operating costs Whether the BAHT will fund a particular project depends on the facts involved in each case, the amount of funds sought, the eligibility of persons seeking assistance, the necessity of the repairs, the funds available to the BAHT to support such program, whether the homes were acquired or created originally with CPA funds, and other factors. The BAHT may obtain new deed restrictions on properties to ensure the future affordability of the homes. There is no guarantee of financial assistance. 41 Brewster Affordable Housing Trust Program Guidelines and Application 7 B. SUPPORT PROGRAMS (Loans/Grants for Individuals) 1. Brewster Rental Assistance Program Provide a monthly rent subsidy and support to income eligible households. This program is currently managed by Housing Assistance Corporation (HAC) for the BAHT. For more information, see the Housing Office Webpage or this link: Microsoft Word - FACT SHEET Brewster Rental Assistance Program.docx (brewster-ma.gov) CPA Allowable Activities: Grants, loans, rental assistance, interest-rate write downs or other assistance directly to individuals who are eligible for community housing for the purpose of making housing affordable 2. Brewster Affordable Home Buyers Buy-Down Program The Town of Brewster, through Community Preservation Funds, provides up to $30,000 of grant assistance for eligible buyers purchasing a home in Brewster. The program, contingent on existing funds, is available to households qualifying at 80% AMI (Area Median Income) who agree to place a permanent affordable housing deed restriction on the home. The grant assistance is provided as an interest free loan which is forgivable after 30 years if the owners remain in compliance with the terms of the restriction. This program is overseen by the Community Preservation Committee and specific applications for this program are available at Town Hall and on the Housing Office webpage: Buy- Down Ready Buyer Application (laserfiche.com) CPA Allowable Activities: Grants, Loans, Rental assistance, interest-rate write downs or other assistance directly to individuals who are eligible for community housing for the purpose of making housing affordable 3. Community Development Block Grant (CDBG) Housing Rehabilitation & Childcare Assistance Program CDBG housing rehabilitation and childcare assistance funds are available for low to moderate income Brewster households earning up to 80% of the Area Median Income. Housing Rehabilitation funds can provide a 0% interest, deferred, forgivable loan to make critical home repairs. The program is designed to improve the housing conditions of income qualified households. Funds up to $50,000 are available to eligible residents to pay for critical home repairs, like: roofing and siding, electrical, heating and plumbing work, structural repairs, lead paint abatement and energy efficiency upgrades such as windows and storm doors. This program is managed by The Resource Inc. (TRI) and applications are available from TRI at jean@theresource.org. Childcare funding offers eligible families subsidies of up to $6,000 per child, to assist families in seeking or maintaining employment. Bailey Boyd Associates oversees the Childcare assistance and applications are available here: Childcare Programs — Bailey Boyd Associates. 42 Brewster Affordable Housing Trust Program Guidelines and Application 8 C. CREATION PROGRAMS (Development Loans/Grants) 1. DEVELOP NEW RENTAL HOUSING (Rental Expansion Program) New Construction Units Provide funding assistance to developers for construction of new affordable rentals with deed restrictions required for long-term affordability. 2. DEVELOP NEW HOME OWNERSHIP HOUSING (Home Ownership Expansion Program) New Construction Units Provide funding assistance to developers for construction of new home ownership properties with deed restrictions required for long-term affordability. V. Funding Guidance The BAHT has established the following funding guidelines for eligible activities: All financial transactions undertaken by the BAHT where Community Preservation Act (CPA) funds are used must comply with the requirements of the Community Preservation Act (CPA). All affordable rental and homeownership units created through new construction must be deed restricted. Development loans provided under the Home Ownership and Rental Expansion Program are limited to up to $100,000 per affordable unit and a maximum project amount determined by the Trust. Tax credit units are limited to $50,000 per affordable unit. The BAHT will determine the applicable interest rate to assist with project feasibility. Payments will be deferred until the property is transferred unless the recipient is determined to be in violation of loan terms (allowances for extenuating circumstances with an appeal process), in which case payments will be due. Any loan proceeds will be deposited into the Housing Trust Fund. All loans must be secured by a mortgage against the property and may be subordinated to other project lenders. Deed riders for 10-15 years are required for projects where the loan is more than $20,000 per unit and required for at least 30 years or in perpetuity for loans of $50,000 or more per unit. For rental developments, the project sponsor must enter into a Regulatory Agreement with the Town and subsidizing agency that insures affordability in perpetuity to the greatest extent possible. A Land Development Agreement will be required for any Town-owned land. 43 Brewster Affordable Housing Trust Program Guidelines and Application 9 In addition to BAHT approval, expenditures over $50,000 require Select Board approval. Funding is directed to creating and preserving affordable housing for low and moderate income households, as defined below: Low-income housing – Housing for those persons and families whose annual income is at or below 80% of the area median income (AMI) for the Barnstable County area as determined annually by the U.S. Department of Housing and Urban Development (HUD) and adjusted by household size. Moderate-income housing – Housing for those persons and families whose annual income is above 80% AMI but at or below 100% AMI for the Barnstable County area as determined annually by HUD and adjusted by household size. While funded projects can include income tiers above the 100% AMI threshold, the Trust Fund cannot be used for projects that are solely targeted to income levels above the 100% level. Funding guidelines can be waived or modified, if permitted under applicable law, upon a majority vote of the BAHT and, if required, by the Select Board. VI. Project Monitoring The BAHT, with staff support from the Housing Office and/or management agency, will work with the state’s Department of Housing and Community Development (DHCD) and project sponsors to insure that all units that have been funded by the Trust Fund are eligible for inclusion on the SHI, meet all requirements to be counted as part of the SHI, and are monitored to ensure the continued affordability of such units. BAHT will also monitor the affordability of units that have received Trust funds but are not eligible for inclusion on the SHI. In these cases, the BAHT, with support from the Housing Office and/or a management company, will annually confirm the continued occupancy and eligibility of unit occupants by: Checking Assessors records and resident mail listings to verify the continued occupancy of the units. If the units involve homeownership, the deed rider will require that the occupant notify the Town upon any intent to sell, and the Town will have an opportunity to purchase or resell the unit based on a prescribed process included in the deed rider (adaptation of DHCD’s deed rider). If the units involve rentals, send a letter to the project sponsor requesting documentation listing the incomes of the tenants and a copy of their leases to ensure that the tenants meet the income qualifications, and the rents continue to be affordable. Checking the Barnstable County Registry of Deeds to make sure that there have been no changes in ownership/residency. 44 Brewster Affordable Housing Trust Program Guidelines and Application 10 Preparing an annual compliance report that documents the continued affordability of these units. VII. Reporting With staff support from the Housing Office, the BAHT shall prepare an annual report that summarizes the use of Trust funds during the fiscal year including amounts of funding, type of funding, project description and status, as well as the balance in the Trust Fund. The books and records of the Trust shall be maintained by the Town Accountant and audited annually as part of the annual audit of the Town of Brewster. The results of the audit shall be provided to the Town. VIII. Periodic Updating of the Guidelines These Housing Guidelines shall be reviewed at least every three (3) years by the BAHT, with input from the CPC and the Brewster Housing Partnership, and updated as necessary. The BAHT is responsible for approving any changes and can also choose to amend the Guidelines any time if it determines that certain requirements are no longer effective or viable or are necessary or appropriate. Section III will be updated regularly to reflect the BAHT’s new FY priorities. IX. Application Process The application process involves providing information to the BAHT before funding approvals can be granted. All submissions, scheduling and communications will be coordinated through the Brewster Housing Office. The BAHT will accept applications on a rolling basis. Only those projects that receive the approval of the Board of Trustees and, if required, the Select Board, are eligible to access funding from the Trust Fund. In making its determinations on funding, the BAHT may consult with the Brewster Community Preservation Committee, Planning Department and Planning Board, Zoning Board of Appeals, and/or other Town commissions or boards. The approved applicant must enter into an agreement with the BAHT that specifies the purpose and scope of the project, projected timeframe, and approved funding for the project. The applicant must submit an original copy of the signed contract. 45 Brewster Affordable Housing Trust Program Guidelines and Application 11 X. Selection Criteria The BAHT will apply the following selection criteria in its review of applications: Selection Criteria The project/program proposal is consistent with the BAHT’s Funding Priorities. These include the following: 1. Increase affordable housing opportunities for year-round community to the extent permitted by law, by prioritizing opportunities that support the Trust’s mission to expand and preserve year-round rental and home ownership homes that are affordable to moderate, low, and very low-income households. These projects should provide a welcoming environment for demographically and socio-economically diverse populations. Proposals may serve a range of local housing needs, even if some of the units may not be eligible for inclusion in the state’s Subsidized Housing Inventory (SHI). 2. Advance the creation of year-round affordable rental units to serve Brewster's most financially vulnerable residents and other income-qualified persons and households. 3. Identify and take advantage of existing structures and/or properties that have discounted or nominal acquisition costs, such as town owned or tax foreclosure properties, to make the development of affordable housing more financially feasible. 4. Promote affordable housing using methods that minimize impacts on the built environment, such as accessory apartments, small infill developments in existing neighborhoods, or buy-down initiatives that convert existing housing into affordable units. 5. Develop a range of projects to serve a range of housing needs including housing for families, seniors, and special needs populations. 6. Encourage mixed-income development to promote diversity and inclusion. The funding request is reasonable as a portion of the overall project costs and on a per-unit basis and adheres to the BAHT Funding Guidelines. The development pro forma demonstrates that the project is feasible (not applicable if Trust Funds are requested for predevelopment activities to determine feasibility of a project). The applicant has demonstrated significant leveraging of the requested BAHT Funds with other public and/or private funding sources. The applicant is qualified to undertake the project and has demonstrated success in similar capacity with comparable projects. The applicant has demonstrated appropriate site control. Projects provide additional public benefits such as open space, environmental/conservation, energy efficiency, historic preservation, public safety, economic development, etc. The project meets demonstrated community needs. The applicant has demonstrated project support by other Town boards, committees, the Cape Cod Commission, other pertinent organizations, and Brewster citizens, as appropriate. 46 Brewster Affordable Housing Trust Program Guidelines and Application 12 XI. Application Form/ Attachment List 47 Brewster Affordable Housing Trust Program Guidelines and Application 13 Town of Brewster Affordable Housing Trust Application Package APPLICATION FORM Project/Program Name: ____________________________________________ Trust Program: __________________________________________ Project Location Street Address: ______________________________ Assessor’s Map & Lot #:_______ Legal Property Owner of Record:___________________________________________________ Sponsor(s)/Organization: _________________________________________________________ Contact Person Name & Title: _____________________________________________________ Telephone: __________________________Email: ______________________________ Mailing Address: __________________________________________________________ Budget Summary Total Trust Funds Requested: Total Project Cost: Sponsor’s Signature: _______________________________ Date: __________ 48 Brewster Affordable Housing Trust Program Guidelines and Application 14 Sponsor’s Printed Name & Title: ___________________________________________ Project Summary: Please summarize the proposed project and any special features (support services, sustainability or energy conservation components, historic preservation, etc.) 49 Brewster Affordable Housing Trust Program Guidelines and Application 15 1. Sources of Funds: Check all that apply, include dollar amount, and circle if funds are committed or proposed. Brewster Affordable Housing Trust $ __________________ committed/proposed *Brewster Community Preservation Fund $ __________________ ______________committed/proposed (*Some funding from the Trust is derived from Community Preservation Funds. Check this box if seeking additional funds from the Community Preservation Committee.) Private Bank Loan__________________$ committed/proposed Sales Revenue $ Other: $ Other: $ Other: $ 2. Uses of Funds: Check all that apply. Predevelopment (feasibility, engineering, appraisals, environmental studies/testing/mitigation, legal work, etc.) Acquisition Preservation Site Preparation (tree clearing, earth removal, etc.) New Construction Redevelopment Administration Operations Marketing Other (please explain) 3. Targeted Population: Check all that apply. Family Senior/Elderly Homeless/At Risk of Homelessness Special Needs (identify population): ___________ Housing with Support Services (identify service providers): Other (identify): 4. Type of Housing: Check all that apply. Homeownership: Rental: Single-family Single Room Occupancy Condominium Individual/Family Cooperative Group Residence, Congregate Other Other (identify): committed/proposed committed/proposed committed/proposed committed/proposed 50 Brewster Affordable Housing Trust Guidelines 16 5. Unit Composition (If Applicable): List number of units in each category Total <=30% AMI <=50% AMI <=80% AMI <=100% AMI <=120% AMI Market Rate SRO 1 Br 2 Br 3 Br 4 Br/+ Note: Refer to (www.huduser.org) for latest fair housing rates. 7. If applicable, Information about the Development Team including: Owner/sponsor/development entity- Experience- Architect- Engineer- General Contractor (if known)- Development Pro-forma- Operating budget for rental project (For example- One Stop funding application) Development pro-forma with sales prices for home ownership units. Submission: All completed application packets should be submitted to: Town of Brewster Affordable Housing Trust Jill Scalise, Housing Coordinator 2198 Main Street Brewster, MA 02631 Email: jscalise@brewster-ma.gov Phone: 508-896-3701, ext. 1169 51 Town of Brewster Housing Production Plan 2022-2027 APPROACH TO IMPLEMENTATION The table below outlines the potential responsible parties for each strategy, as well as possible time frames for select strategies. The final two columns on the right indicate whether the strategy follows a recommendation from the 2017 Housing Production Plan, and whether the strategy is connected to DHCD guidelines for Housing Production Plans (as outlined in Table 23 of this HPP). Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Regulatory Reform #1 Reevaluate the existing ADU and ACDU bylaws and other references to accessory apartments; explore amendments to streamline these provisions and improve their efficacy. Planning Building BHP HC SB Early (discussed) #1 ✓ #2 Amend zoning to clearly allow mixed uses that include housing in business-zoned areas. Planning BHP, SB HC, TA TBD #2 ✓ #3 Reevaluate the existing multifamily dwelling bylaw (Section 179-34) and consider changes and other regulatory measures to facilitate multi-unit residential development. Planning HC, TA SB TBD #5 ✓ #4 Explore measures to require or encourage the inclusion of affordable units in residential development over a certain number of units. Planning HC, TA SB TBD #4 ✓ #5 Allow and incentivize the adaptive reuse of existing buildings for the creation of affordable and mixed income housing. Planning Building TA, SB HC ZBA TBD #6 ✓ #6 Utilizing the findings of the ongoing Integrated Water Resource Management Plan, continue to identify appropriate wastewater treatment systems to enable the creation of denser housing development that can support the inclusion of affordable units. Interdepartmental: Health TA, SB, Planning Natural Resources HC TBD -- 52 Town of Brewster Housing Production Plan 2022-2027 2 Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Funding & Assets #7 Continue to work with nearby communities on the Cape by pooling CPA funds and other resources to construct affordable housing in suitable locations throughout the region and meet regional housing needs. CPC TA HC SB BHP BAHT Ongoing #9 ✓ #8 Develop a five-year financial plan for the BAHT and determine whether additional funding streams should be explored. BAHT & Finance (FT) Team & SB HC CPC First (In process) #7 & #8 #9 Based upon the BAHT five-year financial plan, explore other funding opportunities to support housing initiatives at a range of income levels. BAHT, CPC, FT, SB, TA & HC After #8 #7 #10 Explore local property tax incentives for the creation of affordable housing, such as offering a reduction of property taxes to an owner renting an affordable unit. SB TA Finance Assessor HC BAHT TBD #8 #11 Develop criteria for assessing a property’s suitability for the creation of affordable and attainable housing. Planning HC BAHT Building Health Cons Comm, Open Space TA, SB First #15 ✓ #12 Inventory existing Town-owned land using the criteria developed to determine suitability for housing; develop and issue an RFP for the development of affordable and attainable housing on properties identified as suitable for housing development. Planning HC TA BAHT Cons Comm Assessor SB Open Space After #11 #15 ✓ #13 If deemed necessary based upon the findings of the Town- owned land inventory, develop and issue an RFP for the acquisition of privately held land for the creation of affordable and attainable housing. BAHT TA HC Planning SB After #12 -- ✓ 53 3 Town of Brewster Housing Production Plan 2022-2027 Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Education & Advocacy #14 Develop a collaborative housing education plan that connects to the Town’s Local Comprehensive Plan (LCP). BAHT BHP HC Vision BHA COA Early (In process) #13 & #16 #15 Continue to ensure regular participation by staff and members of Town bodies in available trainings on housing-related issues including fair housing, local and regional housing needs, comprehensive permit administration, and other relevant topics. HC BAHT BHP Planning CPC ZBA SB Finance Ongoing #13 Local Policy & Planning Strategies #16 Continue to make good use of 40B, including the Local Initiative Program (LIP), as a vehicle for creating affordable housing. BHP BAHT HC, TA SB ZBA CPC Ongoing (Brewster Woods, Habitat) #14 ✓ #17 Encourage public/private partnerships to facilitate the collaborative production of affordable housing to meet a range of community needs. BAHT BHP HC TA SB Planning CPC TBD -- ✓ #18 Continue to monitor the impacts of short-term rentals on the availability of year-round rental units; review and consider changes to local policies accordingly. SB Finance TA BAHT HC Ongoing -- #19 Increase housing staff capacity to ensure continued and consistent collaboration with the Building, Conservation, Health, and Planning Departments. TA Finance HC Interdepartmental: Building Planning TBD #12 54 Town of Brewster Housing Production Plan 2022-2027 4 Implementation Table Implementation Strategies POTENTIAL Responsible Entities POTENTIAL Time Frame TBD Follow-up to 2017 HPP Strategy # Meets DHCD Guidelines for HPP Strategies Lead Support Community Resources & Local Support #20 Continue the CDBG-funded housing rehabilitation program to enable income-eligible homeowners to make critical home repairs. HC TA Finance Building SB Ongoing -- #21 Evaluate current CPC-funded housing initiatives and consider adjusting to meet current needs. BAHT CPC, SB HC BHP Early/ Ongoing (Discussed) -- #22 Explore other opportunities for direct support for eligible households, including partnerships with local non-profits and housing assistance providers. HC BHP BAHT COA CPC BHA TBD -- Notations: BAHT- Brewster Affordable Housing Trust FT- Finance Team BHA- Brewster Housing Authority HC- Housing Coordinator BHP- Brewster Housing Partnership SB- Select Board COA- Council on Aging TA- Town Administration CPC- Community Preservation Committee ZBA- Zoning Board of Appeals Cons Comm- Conservation Committee 55 Town of Brewster Housing Production Plan 2022-2027 68 Alternatively (or in addition to IZ), the Town could enrich the underutilized Major Residential Development (Section 139-35.2) or Planned Residential Development (Section 179-36) bylaws to encourage the inclusion of affordable units, as suggested in the 2017 HPP. The Town could also activate the “reserved” Affordable Multifamily Dwelling Units bylaw (Section 179-42.1[C][3]), which the Use Regulations table indicates would be allowed by right (as opposed to special permit) in the C- H district. However, as pointed out in the 2017 HPP, this should also involve revisiting the limitation on number of bedrooms in the definition of “Affordable Multifamily Dwelling Units (AMDU)” in Section 179-2 to eliminate potential fair housing conflicts. Additionally, reference to immediate family should be removed from the definition of “Affordable Housing" in Section 179-2 to avoid confusion about the intent of the bylaw. STRATEGY 5. Allow and incentivize the adaptive reuse of existing buildings for the creation of affordable and mixed income housing. In 2020, the Zoning Board of Appeals granted Elevation Financial a use variance to develop the former Wingate Rehabilitation Center into housing. While this successful public-private partnership will lead to the creation of 132 units of 55+ housing (27 units of which are affordable), the legal mechanism by which this was accomplished is difficult to replicate. Massachusetts law outlines the specific findings a ZBA must make to grant a variance, and generally it is challenging to meet these requirements. Instead, the Town could explore allowing conversion of existing structures to residential uses by special permit or incentivizing adaptive reuse of existing structures to facilitate housing production. STRATEGY 6. Utilizing the findings of the ongoing Integrated Water Resource Management Plan, continue to identify appropriate wastewater treatment systems to enable the creation of denser housing development that can support the inclusion of affordable units. The Town is currently in Phase III of its Integrated Water Resource Management Plan, or IWRMP, a long-term project to develop an integrated approach for the protection and restoration of the Town’s waters. This phase of the project will address water resources planning, including an evaluation of wastewater management alternatives and bylaw updates to implement the stormwater management recommendations of Phase II. The findings of this project will help inform solutions that may enable the provision of denser development alongside protection of the environment. Funding & Assets STRATEGY 7. Continue to work with nearby communities on the Cape by pooling CPA funds and other resources to construct affordable housing in suitable locations throughout the region and meet regional housing needs. Section 5(b)(1) of the Community Preservation Act legislation reads: “The community preservation committee shall study the needs, possibilities and resources of the city or town regarding community preservation, including the consideration of regional projects for community preservation.” (Emphasis added.) Recognizing that addressing regional housing creation benefits all area communities, Brewster has contributed CPA funds toward several regional housing initiatives in recent years, including funding for homes for adults with autism in Orleans (Cape Cod Village, 2016) and Dennis (FORWARD, 2019), a veterans’ home in Dennis (for CIVOC, 2021), and most recently 56 Town of Brewster Housing Production Plan 2022-2027 69 toward Pennrose in Orleans, a redevelopment project that will provide sixty-two rental units. The developer is proposing 65 percent local preference and 10 percent regional preference, the breakdown approved by DHCD for the Village at Nauset Green in Eastham. Based on DHCD local preference definitions, applicants who work in Orleans, for the Town of Orleans, or whose children attend the Nauset Regional Middle or High School, are considered part of the local preference pool even if they do not live in Orleans. STRATEGY 8. Develop a five-year financial plan for the Brewster Affordable Housing Trust and determine whether additional funding streams should be explored. Both the Select Board and Affordable Housing Trust identify this as a key priority; the Select Board’s FY2022-2023 Strategic Plan includes Goal H-1 to “Identify Affordable Housing Trust operating/capital needs and develop funding plan,” and the Affordable Housing Trust’s Key Priorities for 2022 include developing a “5-Year Financial Plan for the Trust.” STRATEGY 9. Based upon the BAHT five-year financial plan, explore other funding opportunities to support housing initiatives at a range of income levels. Depending on the needs identified through the BAHT’s financial plan, the Town can also look at creative ways to increase funding for housing initiatives. As an example, the BAHT could establish a “Housing Opportunity Fund” and regularly apply for CPA funds to build and replenish this resource annually. While Brewster has made excellent use of CPA funds for housing initiatives, having more substantial funds available would enable the BAHT to act quickly on property acquisition opportunities that may arise. The BAHT would still have to apply to annually for such funds, but once these CPA funds were awarded to the Trust, they would not need to be reappropriated at Town Meeting for a specific purpose. The Town of Hingham follows this practice and has for several years, with their AHT stating in their 2021 CPA application, “Often unknown opportunities to create new affordable housing units arise and require immediate responses…. Replenishing the ‘opportunity fund’ will allow the Trust to respond quickly to those opportunities…” The Town could also work to raise resident awareness that the BAHT can receive tax-deductible gifts in the form of “real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity…“60 Strategy 14 discusses developing a collaborative housing education plan, which could include a “fundraising” component that explains how residents can make such tax-deductible gifts to the BAHT, sets fundraising goals, describes how funds and other gifts will be used, and so forth. The Town can look to support the mission of the BAHT and the income levels it is intended to serve (up to 110 percent AMI), as well as potentially funding housing initiatives beyond this level. While the primary purpose of a Housing Production Plan is to increase the share of SHI-eligible units within a community and work toward the state’s 10 percent minimum goal, there are also substantial housing needs outside of these income levels because the supply of housing — particularly rental housing — does not meet the demand. Provincetown addressed this need by passing of a home rule petition to establish its Year-Round Market Rate Rental Housing Trust to “create and preserve year-round rental 60 MGL c. 44A, § 55C: Municipal Affordable Housing Trust 57 Town of Brewster Housing Production Plan 2022-2027 70 units in the town of Provincetown including, but not limited to, market rate units for the benefit of residents of the Town.” The Legislature approved the Town’s home rule petition, and the Trust was officially established in 2016. Chatham has recently taken a similar step, approving three home rule petitions in 2021 relating to funding the creation of housing for households earning up to 200 percent of the area median income. One such measure was the local approval of a real estate transfer tax of 0.5 percent on the sale of homes over $2,000,000, paid by the purchaser, with proceeds going into a “Housing Fund” that would have more leeway than the CPC or AHT in terms of income levels served. In 2021, several other Massachusetts communities approved the submission of home rule petitions relating to real estate transfer fees to the Legislature, although all of these petitions are pending at the state level. Because Brewster’s housing needs at lower income levels are the greatest as demonstrated by the Needs Assessment, the Town should take care not to propose diverting existing funding sources away from these needs and instead may wish to consider new funding solutions for income levels over 80 percent. STRATEGY 10. Explore local property tax incentives for the creation of affordable housing, such as offering a reduction of property taxes to an owner renting an affordable unit. By offering to reduce property taxes for property owners that voluntarily participate in meeting the Town’s affordable housing needs, Brewster can convert existing units to affordability fairly quickly and easily. Provincetown has had affordable housing property tax exemptions of this type on the books for years. The law, passed in 2002, makes residential properties occupied by low-income households exempt from taxes. If only some of a parcel is occupied by an eligible household, taxes are reduced proportionally to the percentage of the square footage of the structure occupied by that household. Unlike many other strategies in this section, a Provincetown-style tax incentive would not necessarily involve any formal deed restrictions, meaning that affordable units created under such a law would not count towards Brewster’s Subsidized Housing Inventory, but still can address important local needs. In addition, such a measure would require Town Meeting approval to submit a home rule petition to the Legislature. Another way for a town to utilize property taxes to incentivize affordable housing development is through tax increment financing (TIF). This approach targets new development by allowing a property owner to waive or reduce property taxes for a set period, which can then be phased back in gradually, in exchange for including some number of affordable units. TIFs require the establishment of TIF-designated area approved by the Economic Assistance Coordinating Council, which essentially requires that the area present “exceptional opportunities for economic development.” Such a measure may be dependent on the direction of the Vision Planning process with regards to establishing a true the Town Center or Town Centers. STRATEGY 11. Develop criteria for assessing a property’s suitability for the creation of affordable and attainable housing. Once developed, such criteria can be used in a variety of ways – as part of an RFP for acquiring land for housing; to assess Chapter 61 properties being considered for acquisition; or for 58 Town of Brewster Affordable Housing Trust Fund 2198 Main St., Brewster, MA 02631 (508) 896-3701 Joint Meeting with the Brewster Affordable Housing Trust (BAHT) & Community Preservation Committee (CPC) MEETING AGENDA 2198 Main Street January 11, 2023 at 4PM 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. Members of the public who wish to access the meeting may do so in the following manner: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 837 7728 4808 Passcode: 326439 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/83777284808?pwd=NjB3WldRTGRxb0l0WXhIS1J0Y1NOQT09 Passcode: 326439 To request to speak: Tap Zoom “Raise Hand”, 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). Affordable Housing Trust Fund Timothy Hackert Chair Maggie Spade-Aguilar Vice Chair Madalyn Hillis-Dineen Clerk Ned Chatelain Vanessa Greene Donna Kalinick Paul Ruchinskas Housing Coordinator Jill Scalise 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. Discussion of Brewster Affordable Housing Trust (BAHT) Guidelines 6. Discussion of proposed Housing Trust Financial Plan 7. Discussion of projected BAHT funding requests to the CPC 8. Consideration of annual funding for BAHT from CPC 9. Potential funding and administration of the affordable home buy-down program 10. Adjournment Date Posted: Date Revised: Received by Town Clerk: O1.06.23 59 1 Jill Scalise From:Shirin Everett <SEverett@k-plaw.com> Sent:Monday, August 29, 2022 2:03 PM To:Donna Kalinick; Jill Scalise Subject:BREW: Draft Housing Trust Guidelines 08.18.22 for Review Attachments:KP-#828223-v1-BREW__BAHT_Guidelines.DOCX Donna and Jill, Attached are my recommended edits to the BAHT Guidelines. As you know, GL c. 44B expressly authorizes CPA funds to be used in any municipality. Although GL c.44, s.55C, the Affordable Housing Trust Fund statute, is silent on where Trust funds may be expended, it is my opinion that, since the purpose of GL c.44, s.55C is to create a local pool of funds, it would be best for the BAHT to use CPA funds for projects that are located in other municipalities, and reserve non-CPA AHT funds (such as AHT funds appropriated from free cash) for expenditures within the Town of Brewster. Please let me know if you have any other questions. Shirin Everett, Esq. KP | LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. From: Donna Kalinick <dkalinick@brewster-ma.gov> Sent: Monday, August 29, 2022 11:31 AM To: Shirin Everett <SEverett@k-plaw.com>; Jill Scalise <jwertz-scalise@brewster-ma.gov> Subject: RE: Draft Housing Trust Guidelines 08.18.22 for Review Thanks Shirin. Also as part of the review, can you tell us if the BAHT can fund projects outside of Brewster, similar to what CPC can do with regional application such as Pennrose. Thanks. Donna & Jill From: Shirin Everett <SEverett@k-plaw.com> Sent: Tuesday, August 23, 2022 11:41 AM To: Jill Scalise <jwertz-scalise@brewster-ma.gov> Cc: Donna Kalinick <dkalinick@brewster-ma.gov> Subject: RE: Draft Housing Trust Guidelines 08.18.22 for Review Hi Jill, I’ll review and get back to you. Shirin Everett, Esq. KP | LAW 60 2 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654 1731 F: (617) 654 1735 severett@k-plaw.com www.k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. From: Jill Scalise <jwertz-scalise@brewster-ma.gov> Sent: Tuesday, August 23, 2022 11:20 AM To: Shirin Everett <SEverett@k-plaw.com> Cc: Donna Kalinick <dkalinick@brewster-ma.gov> Subject: Draft Housing Trust Guidelines 08.18.22 for Review Hi Shirin, The Housing Trust has been working to develop guidelines to better enable the Trust to fund affordable housing activities. Please see the attached draft document for your legal review. In addition to general review, we have a couple questions. In the document, based on the Trust bylaws, it states that funds greater than $50,000 require Select Board approval. Does this adequately address the current requirement? Does Trust funding have to remain in Brewster? For example, could the Trust support a regional affordable housing project like can be done with CPA funds? The Housing Trust meeting is Thursday September 1st. We would appreciate the review by Monday August 29th so we can put the document in the meeting packet on Tuesday. Thank you, Jill & Donna Jill Scalise Housing Coordinator Town of Brewster 2198 Main Street, Brewster, MA 02631 508-896-3701 ext. 1169 Brewster Town Offices are open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov 61 MILLSTONE ROAD | BREWSTER DECEMBER 14, 2021 PAGE 7 PROPOSED SITE LAYOUT - PERSPECTIVE VIEW NOT TO SCALE 62 Millstone Community Housing Update Select Board 01.23.23 Background: 16+ acres of Town owned land, off Millstone Rd, designated for Community Housing at May 2018 TM December 2018- Select Board signed a grant agreement with Mass Housing Partnership for a pre-feasibility study of the Millstone property and, if feasible, the preparation of Request for Proposals (RFP). The SB also assigned management of the project to the Housing Trust. Over the next 2+ years the Trust completed the pre-feasibility & RFP process. This included: o Due Diligence Study o Community Engagement and input (In form of outreach meetings as well as questions and input from community at public Trust meetings over 2 years) o Watershed Study o Drafting of the RFP at public meetings September 2021- The Trust met with the Select Board and presented an RFP with guidance criteria to create up to 90 bedrooms of affordable rental housing on the 16+ acre parcel. The SB voted to approve and issue the RFP. (RFP included in SB packet) October 2021- RFP issued. The Housing Trust was designated as the proposal evaluation committee with a task to make a recommendation to the SB after determining which proposal is deemed most advantageous and responsive. December 2021- The Trust received 2 responses to the proposal. One response met the requirements for review and was provided to the Housing Trust. 63 Review and Award of proposal from Preservation of Affordable Housing (POAH) & Housing Assistance Corporation (HAC) January- Recusal of 3 Trust members, initial reading and provided questions to POH & HAC February- Proposal presentation by POAH & HAC (Presentation PDF provided in SB Packet) March- Proforma Review by LDS Consulting & initial scoring of proposal by Housing Trust. The scoring criteria can be found in Attachment A of the RFP in SB packet. Trust is currently completing references and site visits. Expect to finish scoring at the March 24th Trust meeting. At the April 4th Select Board meeting, the Trust recommended award of development and management of the parcel to Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC). The Select Board accepted this recommendation based on the proposal being highly advantageous and responsive. The Select Board and the developer negotiated the terms of the Land Development Agreement (LDA) and lease of the property. The Land Agreement was executed by both parties in August 2022. The lease will be signed after POAH & HAC receive their financing. Comprehensive Permit Process and Next Steps: POAH & HAC held a virtual Community Information Session on October 13, 2022. POAH & HAC filed for Staff Plan review which was conducted on November 16, 2022. Additionally, the project team for the Millstone Road construction project has been meeting with the Millstone Housing team as well as the utility companies to ensure the two projects are working in harmony. POAH & HAC filed for their Comprehensive Permit on December 22, 2022. A hearing has been scheduled for February 7, 2023. Abutter notification within 300 feet of the site is required. The full comp permit application is on the Planning/Zoning website for anyone to review. 64 The Town has filed for technical assistance through the Mass Housing Partnership (MHP) to assist the ZBA in the comprehensive permit process, particularly since the Town is currently in Safe Harbor. The Town has requested technical assistance from MHP for each comprehensive permit it has heard; this is considered a best practice. A copy of the application is included. At POAH & HAC’s request, the Planning Board is scheduled to review the Comprehensive Permit application at the January 25th meeting. The Brewster Housing Partnership will review the Comprehensive Permit Application on February 16, 2023. The Select Board will have to decide on a Local Preference request at some point in the future. This is the purview of the Select Board, not the ZBA but we recommend conferring with the Brewster Affordable Housing Trust (BAHT) and the Housing Partnership. Any final decision on local preference is determined by the Department of Housing and Community Development. We expect POAH & HAC to apply for local funding from the CPC and the BAHT in 2023 as reflected in the BAHT Financial Forecast. The CPC was made aware of this at the joint meeting of the CPC and BAHT on January 11, 2023. 65 66 67 68 69 Duration Start Finish Acquisition 254d 12/14/21 08/24/22 Developer Designation 113d 12/14/21 04/05/22 Land Disposition Agreement 141d 04/06/22 08/24/22 Design 502d 05/26/22 10/09/23 Survey 185d 06/01/22 12/02/22 Civil Engineering 180d 06/01/22 11/27/22 Schematic - Arch 210d 05/26/22 12/21/22 Design Dev't - Civil - 70%90d 09/23/22 12/21/22 Design Dev't - Arch 120d 02/11/23 06/10/23 CDs - Civil - 100%150d 05/13/23 10/09/23 Construction Documents - Arch - 100%120d 06/11/23 10/08/23 Zoning and Permitting 332d 06/15/22 05/12/23 40B Application (PEL)1d 06/15/22 06/15/22 DHCD issues PEL 1d 09/01/22 09/01/22 Draft Comprehensive Permit Application 15d 11/01/22 11/15/22 Review Application with Town Staff 1d 11/16/22 11/16/22 Submit Comprehensive Permit Application to ZBA 35d 11/17/22 12/21/22 40B ZBA Public Meetings 88d 02/14/23 05/12/23 ZBA Meeting #1 1d 02/14/23 02/14/23 ZBA Meeting #2 1d 03/14/23 03/14/23 ZBA Meeting #3 1d 04/11/23 04/11/23 30day Approval appeal period 30d 04/12/23 05/11/23 Comprehensive Permit Approval 1d 05/12/23 05/12/23 Community Engagement 133d 10/13/22 02/22/23 Public info session with neighbors 1d 10/13/22 10/13/22 Meeting with Brewster Housing Partnership 1d 02/16/23 02/16/23 Meeting with Brewster Planning Board (POAH suggests)1d 02/22/23 02/22/23 Project Financing 415d 10/26/23 12/13/24 Pre-app to DHCD 1d 10/26/23 10/26/23 Invitation to DHCD Winter Funding Round 30d 10/27/23 11/25/23 Submit to DHCD Winter Funding Round 54d 11/26/23 01/18/24 Competitive Funding Awards 150d 01/19/24 06/16/24 LIHTC Equity RFP 30d 06/17/24 07/16/24 LIHTC Investor Selection 15d 07/17/24 07/31/24 Construction and Permanent Financing Commitments 120d 06/17/24 10/14/24 Construction Loan Closing 60d 10/15/24 12/13/24 Construction 1009d 07/11/23 04/14/26 Bidding using 90% DD 30d 07/11/23 08/09/23 Contractor Selection 30d 08/10/23 09/08/23 MBE/WBE and Local Hiring 150d 09/09/23 02/05/24 Construction 450d 12/21/24 03/15/26 Certificate of Occupancy / Placed in Service 30d 03/16/26 04/14/26 Lease-up and Stabilization 300d 12/16/25 10/11/26 Marketing and Lottery 120d 12/16/25 04/14/26 Leasing 90d 01/15/26 04/14/26 Stabilization 90d 04/15/26 07/13/26 Permanent Loan Conversion 90d 07/14/26 10/11/26 Millstone Community Housing - Project Schedule 70 1 Date: January 5, 2023 To: Peter Lombardi, Town Administrator From: Jon Idman, Town Planner Re: Proposed New Personal Wireless Service / Communications Tower 1185 Long Pond Road (Map 85 Parcel 110) ____________________________________________________________________________________ The Town has been contacted and provided preliminary information about the above-referenced matter. Because of the tower’s proposed height, the project would require Development of Regional Impact review and approval by the Cape Cod Commission through a public hearing process, in addition to Town permitting. The project’s permitting process would commence by the applicant filing an application with the Planning Board, which has local permitting jurisdiction over the project. The Planning Board would notice and hold a public hearing on the project, at which point the project would be referred to the Cape Cod Commission. At that stage, the Town’s permitting over the project would be suspended pending Cape Cod Commission review and approval, though Town officials and residents could comment through that process. If the Cape Cod Commission were to approve the project, the project could then return to the Town for local permitting in the normal course. In addition to administrative town permits like building permits, the project would be subject to Planning Board, Historic District Committee and potentially Zoning Board of Appeals review and approval. The Brewster Zoning Bylaw has a section devoted to standards for personal wireless service facilities. The project would also be subject to review and permitting under the Federal Telecommunications Act, as amended, and companion Federal law and regulation. There are certain topics, like radio frequency emissions, that are basically the sole province of Federal jurisdiction and over which towns have little or no authority. Further, though Federal law does not preempt all local zoning and other local land use authority over wireless facilities, the Town must be mindful during local permitting that it cannot effectively prohibit new wireless service facilities, even if it has local zoning restrictions in place that expressly identify locations in town where these facilities may be sited. Town Of Brewster 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 Office of: Planning Department 71 Staff Review Data Transmittal Sheet 03-03-2017 Staff Review Data Transmittal Sheet __ James Gallagher, Assessor’s Department __ Chris Miller, Natural Resources Department __ Davis Walters, Building Department/HDC __ Jon Idman, Planning Department __ Bill Grafton, Conservation Department __ Lt. Charles Mawn, Police Dept __ Griffin Ryder, Department of Public Works __ Peter Lombardi, Town Administration __ Chief Robert Moran, Fire Department __ Donna Kalinick, Town Administration __ Deputy Chief Kevin Varley, Fire Department __ Amy von Hone, Health Department/WQRC __ Paul Anderson, Water Department Date Submitted December 16, 2022 Application Number 23-01 Date Transmitted December 29, 2022 Applicant TowerNorth Development LLC Proposal The Applicant proposes construction of a new personal wireless services facility. Development 1185 Long Pond Road (Map 85, Lot 110) Location Is application material complete for your preliminary review? Yes _____ No _____ If no, please indicate what additional material, documentation, or information you may wish to see prior to the meeting: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Additional Comments: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________ Signature Comments may be e-mailed to Lynn St. Cyr, lstcyr@brewster-ma.gov and/or provided at the Staff Review meeting on Friday, January 13th at 11:00 am in Room A. Thank you. Brewster Planning Department 2198 Main Street Brewster, MA 02631-1898 508-896-3701 x1133 brewplan@brewster-ma.gov 72 73 74 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsPROJECT SUMMARYVICINITY MAPVICINITY MAPSHEET INDEXDO NOT SCALE DRAWINGSGENERAL NOTESTowerNorthMA1005-BT-175 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsC-1300' RADIUS PLANGENERAL NOTES:FREEMANS WAYMILLSTONE ROADCAPE LANEOLD FREEMANS WAYLONG POND ROAD76 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsDDGENERAL NOTES:C-2EXISTING SITE PLANZONING SUMMARY TABLEMILLSTONE ROADLONG POND ROAD77 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsDDZ-1SITE PLANGENERAL NOTES:LEGENDZONING SUMMARY TABLE78 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsZ-2ELEVATIONCOMPOUND PLAN79 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsZ-3FENCE DETAILSGRAVEL COMPOUND DETAILBOLLARD DETAILTELCO HANDHOLE DETAILTELCO HANDHOLE ISOMETRICMETER BOARD DETAILTRENCH DETAIL AT ACCESS CROSSINGCONCRETE PAD DETAIL80 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsZ-4METER BOARD DETAILTRENCH DETAIL AT ACCESS CROSSINGTELCO HANDHOLE WITH LID DETAILTELCO HANDHOLE ISOMETRICCONCRETE PAD DETAILRETAINING WALL DETAIL81 21 B Street Burlington, MA 01803 Tel: (781) 273-2500 www.ebiconsulting.com ENVIROBUSINESS, INC. LOCATIONS | ATLANTA, GA | BALTIMORE, MD | BURLINGTON, MA | CHICAGO, IL DALLAS, TX | DENVER, CO | HOUSTON, TX | LONG BEACH, CA | NEW YORK, NY | PHOENIX, AZ PORTLAND, OR | RICHMOND, VA | SAN FRANCISCO, CA | SEATTLE, WA | YORK, PA December 23, 2022 Town of Brewster Historical Commission Brewster Town Offices 2198 Main St Brewster, MA 02631 Tel: 508-896-3701 x1100 townadmin@brewster-ma.gov Subject: Invitation to Comment MA-1005-B/ Brewster B 1185 Long Pond, Brewster, Barnstable County, MA 02631 EBI Project #6122011580 To Whom this May Concern: Pursuant to Section 106 of the National Historic Preservation Act, the regulations promulgated thereunder and interagency agreements developed thereto, EBI Consulting, Inc., on behalf of TowerNorth Development, LLC, provides this notice of a proposed telecommunications facility installation at the address listed above. EBI would like to inquire if you would be interested in commenting on this proposed project. Please refer to the attached plans for additional details. Please note that we are requesting your review of the attached information as part of the Section 106 process only and not as part of the local zoning process. We are only seeking comments related to the proposed project’s potential effect to historic properties. Please submit your comments regarding the proposed project’s potential effect on historic properties to EBI Consulting, to my attention at 21 B Street, Burlington, MA 01803, or contact me via telephone at the number listed below. Please reference the EBI project number. We would appreciate your comments as soon as possible within the next 30 days. Note that this project will be entered into the Federal Communication Commission’s e106 System, which will send notifications of the project throughout the Section 106 process. Respectfully Submitted, Matthew Holtkamp Architectural Historian III T (785) 760 5938 mholtkamp@ebiconsulting.com Attachments - Drawings and Maps 82 EBI GIS, Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Figure 1: Site Location Map PN: 6122011580 Date: 12/13/2022· Legend Site Radius ^_Project Site at 250', 500', 1000' and ½ mile MA-1005-B BREWSTER B1185 LONG PONDBREWSTER, MA 02631 83 EBI GIS, Copyright:© 2013 National Geographic Society, i-cubed Figure 2 - Topographic Map PN: 6122011580 Date: 12/13/2022·USGS 24K Quad: Harwich (digital), MA 1986 Legend Site Radius ^_Project Site at 250', 500', 1000' and ½ mile MA-1005-B BREWSTER B1185 LONG PONDBREWSTER, MA 02631 84 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsPROJECT SUMMARYVICINITY MAPVICINITY MAPSHEET INDEXDO NOT SCALE DRAWINGSGENERAL NOTESTowerNorthMA1005-BT-185 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsC-1300' RADIUS PLANGENERAL NOTES:FREEMANS WAYMILLSTONE ROADCAPE LANE OLD FREEMANS WAYLONG POND ROAD86 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsDDGENERAL NOTES:C-2EXISTING SITE PLANZONING SUMMARY TABLEMILLSTONE ROADLONG POND ROAD87 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsDDZ-1SITE PLANGENERAL NOTES:LEGENDZONING SUMMARY TABLE88 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsZ-2ELEVATIONCOMPOUND PLAN89 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsZ-3FENCE DETAILSGRAVEL COMPOUND DETAILBOLLARD DETAILTELCO HANDHOLE DETAILTELCO HANDHOLE ISOMETRICMETER BOARD DETAILTRENCH DETAIL AT ACCESS CROSSINGCONCRETE PAD DETAIL90 MA1005-BTowerNorth500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - Telecommunications500 North BroadwayEast Providence, RI 02914Tel: (401) 354-2403Fax: (401) 633-6354ENGINEERING GROUP, P.C.ADVANCEDCivil Engineering - Site DevelopmentSurveying - TelecommunicationsZ-4METER BOARD DETAILTRENCH DETAIL AT ACCESS CROSSINGTELCO HANDHOLE WITH LID DETAILTELCO HANDHOLE ISOMETRICCONCRETE PAD DETAILRETAINING WALL DETAIL91 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: Anticipated Warrant Articles for Spring 2023 Town Meeting DATE: January 20, 2023 With the Select Board voting to open the Spring 2023 Town Meeting warrant at your meeting on January 9, here is a summary of the articles currently under consideration for inclusion on the warrant: 1.Outstanding Obligations (Unpaid Bills) 2.FY24 Cape Cod Regional Technical High School Operating Budget 3.FY24 Brewster Elementary School Operating Budget 4.FY24 Nauset Regional Schools Operating Budget 5.FY24 Town Operating Budget (General Fund) 6.FY24 Water Enterprise Fund Budget 7.FY24 Golf Enterprise Fund Budget 8.Community Preservation Act article (including standard reserve amounts) 9.Remaining FY23 Capital and Special Project Expenditures 10.Free Cash Transfer to Capital Stabilization Fund 11.Special Revenue Fund: Cable Franchise Fee 12.Fire Union Collective Bargaining Agreement 13.Police Patrol Officer Collective Bargaining Agreement 14.Police Superior Officer Collective Bargaining Agreement 15.Police Dispatcher Collective Bargaining Agreement 16.Ladies Library Collective Bargaining Agreement 17.SEIU Collective Bargaining Agreement 18.OPEIU Collective Bargaining Agreement 19.Non-Union Personnel Wage Funding 20.Prohibition on Sale of Nips 21.Wing Island Access 22.Wing Island Conservation Restriction Special Act 23.Disband Capital Planning Committee (Town Bylaw §12-24) 24.Disband Building Needs & Assessment (Town Bylaw §12-37) The meeting will be held on Monday May 1, 2023 at the Stony Brook Elementary School. The priority deadline for warrant articles is February 15, 2023. Office of: Select Board Town Administrator 92 Select Board Meeting 01.23.23 1 For Your Information (FYIs)- Agenda Item #17 1.Health and Human Services Reports a.Lower Cape Outreach Council b.Nauset Together We Can c.Independence House Report d.Consumer Assistance Council Inc. e.South Coastal Counties Legal Services, Inc. 2.Community Development Block Grant FY21 Quarterly Report 3.Mass Department of Transportation’s Cape Cod Bridges Virtual Public Information Meetings 4.Proposed Language for Brewster Annual Town Meeting Warrant Regarding the Ban on the Sale of Nips 93 Lower Cape Outreach Council, Inc. REPORT TO THE TOWN OF BREWSTER FISCAL YEAR 2023 Quarter:1. Jul - Sept.2. Oct - Dec 3. Jan - Mar 4. Apr - Jun Year to Date Service Provided Cash Assistance $19,066.34 $28,096.00 $47,162.34 # of Households **44 56 100 Food: Value in $$26,867.50 $31,102.50 $57,970.00 # of Orders **183 208 391 # of Adults 131 167 298 # of Children 120 110 230 # of Seniors 87 56 143 Thanksgiving Baskets in $$0.00 $2,700.00 $2,700.00 # of Orders **0 27 27 # of People 0 71 71 Clothing Value in $$2,342.50 $3,112.50 $5,455.00 # of Orders **41 51 92 # of Adults 34 36 70 # of Children 19 29 48 # of Seniors 4 5 4 Holiday Toys Value in $$0.00 $1,350.00 # of Families **0 18 # of Children 0 31 ** Total Units of Service 268 360 610 Value per Unit of Service $180.14 $184.34 $185.72 TOTAL CASH VALUE $48,276.34 $66,361.00 $113,287.34 94 NTWC Expenses and Attendance Report for YAS Programming (Youth After School) Second Quarter FY 2023 Oct 1-Dec 31, 2022 Total number of afternoon Sign-Ins: 190 Total number of afternoon Sign-Ins by Brewster Residents: 15 Total Expenditures for 2nd Quarter:$6,289 Average Cost per afternoon: $33.10 95 96 97 98 99 100 101 102 103 FY 21 Brewster Regional CDBG Grant Quarterly Report for the period ending 12/31/2022 Administration & Management The FY21 Brewster regional grant is progressing well. During this quarter BBA staff continued to work closely with participating towns and the housing rehabilitation sub-grantee. We conduct monthly meetings and trainings with housing rehab staff and have met with our regional Community Development Advisory Group (CDAG). The CDAG evaluates the programs, helps determine the content of future funding applications and provides guidance to the grant administrators and sub-grantee. Brewster is a first-time grantee; however, town staff are seasoned and professional grantees thanks to working with other funding sources. They have been exceptional working with the CDBG grant staff to assist in any way. At two recent Select Board meetings, the current programs were discussed and praised. Based upon the past performance of grants in these communities, the housing rehab and childcare programs are on schedule to be completed in a timely fashion. Housing Rehab Program We have 9 project in the pipeline: 8 under contract of which: 1 completed and closed out, 5 under construction with o 2 to close out in the next 2 weeks, o 2 of the 3 open have septic systems (one of which requires an I/A system and a single case waiver the other also had a contaminated well and will be hooked up to town water), o the other open project required a septic inspection before a building permit could be issued (hoping we can do a repair rather than replacement because the project is already at $48K+ due to barrier removal, 2 projects closed this week and are waiting for permits and 1 contract site visit is schedule for this week. The breakout is Brewster 3 projects, Dennis 3 projects and Wellfleet 3 projects. Six households are elderly (2 single females and 2 couples) and two are families, one with children under 6. We also have 4 applications in various stages of being evaluated for eligibility. Operations We did not renew our contract with our rehab specialist of the past 4 years due to her lack of availability, but we have brought in TWO Rehab Specialists in her place. One is a veteran of the CDBG housing rehab world who spent the past 4 years in the private sector managing construction of multi-million-dollar homes and has returned to the good work of the community. The other was a previous cohort of hers at said construction company and now out on her own. We are thrilled to have these 2 dynamos on board to help us make quick work of the projects ahead. Marketing in the Community Towns continue to do an excellent job of updating their sites and sharing information. Word of mouth is by far the most effective and widespread. FY21 Program ~ Managing COVID Aftershocks: Contractors and Supply Disruptions Demand for building and building supplies have not slowed down much given the current economic environment. GCs are busy and costs are very high. We are steering away from the scarce white cedar 104 shingles in favor of the more readily available bleached, or even vinyl where appropriate. Both options meet our strict quality standards and are far more affordable than they were in the past AND available. We are finding our rehab dollars are not going nearly as far as they used to, especially with increased need for septic installations and innovative alternatives to address the threat to our aquifer and delicate ecosystems. Even with our long-standing relationship with the septic engineer, the wait for septic plans is 3 months plus! Many homeowners are receiving letters from their Board of Health requiring cesspools and non-compliance systems be replaced; one town has a deadline of 12/31/2023. Other towns have tied septic inspections before issuing building permits in excess of $10,000.00 for properties that have not had an inspection in the past few years. This is putting a strain on the engineers, the installers, and the GC’s timelines and ultimately program progress. The phrase “housing crisis” is not new to the Cape, we have been in that mode for quite some time however the present, conditions are reaching epic levels. We are grateful to be able to measure our progress in terms of project milestones instead of funds encumbered in order to maintain the continued funding to our area. Efforts that allow us to report need in terms beyond the loans closed are greatly appreciated and hopefully will illustrate the real struggles on the Cape. PERFORMANCE MEASURES - HOUSING REHABILITAION: # of homeowner units occupied by elderly: 6 # of homeowner units moved from substandard to standard: 5 # of homeowner units made accessible: 3 # of homeowner units brought into compliance with lead safety rules: 4 LEAD PAINT REPORTING *Applicable Lead Paint Requirement: *Lead Hazard Remediation Action Housing constructed before 1978 4 Lead safe Work Practices ~ (Hard costs <$5k)2 Exempt: housing constructed 1978 or later 5 Interim Control or Std Practices ~ (Hard costs $5K -$25K)3 Otherwise exempt Abatement ~ (Hard costs > $25,000) Exempt: Hard costs <= $5,000 Total 9 Total 5 ***as projects come under contract, the performance measures & the lead hazard remediation action will be filled in. Real Life in Wellfleet: A homebound elderly woman battle health issues, isolation and collapsing floors. Continued…… Failed roof – replace roof & gutters; deteriorated siding and trim – replace; replace inefficient doors Failed bulkhead and access – bulkhead stairs collapsed causing her primary HOI to cancel her. She currently gets HOI through the bank that carries her HELOC. These repairs will allow her to get full HOI again; Barrier removal – steps & railing to access the driveway, bathroom & kitchen mods to create walk in shower, widened door to bathroom and kitchen repairs to rotted flooring and counters. 105 To be continued ~ the building permit was delayed until a septic inspection could be conducted. Inspection complete but only passed conditionally. Repairs are needed, waiting on an estimate for repairs, Single case waiver is most likely needed. During ~ The homeowner’s insurance inspector will be happy to see this repair! 106 107 Brewster Childcare Subsidy Program The FY21 Brewster Regional Childcare Subsidy Program continues to see positive progress, with approved families utilizing their allocated funds at licensed childcare providers, and new families making contact to learn about applying. To date we have received 18 applications and approved 11, a total of 15 children. We’ve encumbered over 40% of funds so far. Performance Measures: New Access: 11 Improved Access: 4 No Longer Substandard: 0 108 Archive d: Wednesday, January 18, 2023 2:21:27 PM From: MassDOT Se nt: Thu, 12 Jan 2023 17:12:24 Subje ct: Cape Cod Bridges Program Public Meeting Se ns itivity: N ormal Issue Date: 1/12/2023 T he Cape Cod Br idge s Progra m This notice is to inform you of the upcoming Virtual Public Information Meetings for the MassachusettsDepartment of Transportation's (MassDOT's) Cape Cod Bridges Program. This Program will include thereplacement of the Bourne and Sagamore bridges, new connections to the local roadway network and improvemultimodal accommodations within the Cape Cod Canal area. MassDOT invites you to attend the followingVirtual Public Information Meetings to learn more about the Program, bridge types, proposed bridge laneconfigurations, potential bridge locations, and next steps. There will be an opportunity for public comment andquestions following the formal presentation. Public input will be reviewed and considered to the maximum extentpossible. Virtual Public Information Meeting Two live, identical virtual public information meetings will be hosted on: Tuesday, January 24th, 2023 Thursday, January 26th, 2023 Time: 6:00 PM EST Location: Zoom To register for this 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 webinar. 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 questions or concerns at: http://tiny.cc/CapeCodProgramCF. 109 Archive d: Wednesday, January 18, 2023 2:21:34 PM From: Peter Lombardi Se nt: Thu, 12 Jan 2023 23:20:25 +0000Authentication To: Erika Mawn; Donna Kalinick Subje ct: FW: draft warrant language re sale of nips Se ns itivity: N ormal Please put thi s in the Jan 23 FYIs. I have aske d for feedback from town counse l as we l l . Pete r Lombardi Town Manager Town of Brewster 508-896-3701 x. 1128 Brewster Town Offices are to the public Monday through Thursday from 8:30am to 4:00pm, and by appointment on Fridays. From: Me g Morri s <brewster.recycl i ng@gmai l .com> Se nt: Thursday, January 12, 2023 4:33 PM To: Pete r Lombardi <pl ombardi @bre wste r-ma.gov> Cc: Mary Chaffee <mchaffe e @bre wste r-ma.gov> Subje ct: draft warrant l anguage re sal e of nips Peter, At a vo te taken at the January 12, 2023 meeting o f the Brew ster Recycling Co mmissio n, there w as unanimo us suppo rt fo r a mo tio n to accept the draft w arrant language as pro po sed by the Chair, as fo llo w s. Upo n appro val, the language will be sent to the attentio n o f the Select Bo ard. Proposed Language for Brewster Annual Town Meeting Warrant: Article No. X: To see if the To w n w ill vo te to ado pt the fo llo w ing ban o n the sale o f miniature single use co ntainers fo r alco ho lic beverages as a general by-law and to insert into the Co de o f the To w n o f Brew ster, Massachusetts as C hapter X-X: "The sale o f alco ho lic beverages in co ntainers less than o r equal to 100 milliliters is pro hibited w ithin the To w n o f Brew ster." Effective: January 1, 2024. Comment: This article pro po ses a bylaw to ban the sale o f so -called “nip” bo ttles. There are co mpelling reaso ns to suppo rt such a ban given the do cumented nip bo ttle trash fo und alo ng many Brew ster ro ads. Nips are o ften co nsumed in vehicles and discarded alo ng ro ads. In 2022 “Beautify Brew ster” vo lunteers co llected 2,767 nip bo ttles, in o ne day, alo ng select, but no t all, Brew ster ro ads. Nip bo ttles are no t recyclable and must be dispo sed o f in Brew ster’s so lid w aste. Similar bans have been ado pted by Massachusetts municipalities including Falmo uth and Wareham that have been fo und to be law ful by the State Atto rney General. Please let me kno w if yo u have any questio ns o r need so mething further. Meg Morris , Chair Bre wste r Re cycling Commission 110