HomeMy Public PortalAboutSelect Board -- 2023-01-23 Minutes 1
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MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE : January 23 , 2023
TIME : 5 : 30 PM
PLACE : Remot,b Participation
REMOTE PARTICIPANTS : Chair Whitney, Selectperson Chatelain, Selectperson Bingham , Selectperson
Chaffee, Selectpersorx Hoffmann , Town Manager Peter Lombardi , Assistant Town Manager Donna Kalinick,
Town Planner Jon Idoan
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 via zoom and read the meeting participation and recording statements .
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Executive Session I
• Review & Vot8 on Executive Session Minutes
• To Discuss Strategy with Respect to Litigation as an Open Meeting may have a Detrimental Effect o
the Litigating Position of the Town : Lanctot et al v . Town of Brewster
Selectperson Hoffmann moved to enter executive session . Selectperson Chaffee 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, O- No .
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The Select Board returned to open session at 6 : OOpm .
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Public Announcements and Comment
None
Select Board Announcements and Liaison Reports
Select person Bingham shared that this Friday is Council on Aging Director, Denise Rego ' s last day before she
retires . There will be reception on Friday from fpm to 330pm at the Council on Aging .
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Town Manager' s Report
Mr . Lombardi shared ,the following :
• Welcome and congratulations to new Council on Aging Director, Elton Cutler, who will start on
January 30 , 2023 . Mr . Lombardi provided a brief background of his experience .
• Announced long time Council on Aging Director Denise Rego ' s retirement, Mr . Lombardi recognized
her long-time 'career and appreciates her leadership and support over the years .
• Thanked those who attended the Bay Property Planning Committee forum on the community pool , j
well attended ,With over 100 attendees . The Select Board will ultimately set eligibility and fee
structure at arj upcoming meeting based on the recommendations of the committee .
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• The Select Board and Mr . Lombardi are hosting weekly office hours on Tuesdays starting in February,
contact Erika Mawn at the Town Manager office to schedule .
Consent Agenda
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
Selectperson Hoffmann moved to approve the Consent Agenda . Selectperson Chaffee second . A roll call
vote was taken . Selectperson Bingham -yes, Selectperson Chatelain -yes, Selectperson Hoffmann-yes,
Selectperson Chaffee- yes, Chair Whitney-yes . The Board vote was 5 -Yes, 0 - No .
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Notification of Receipt of Citizens Petition to Call Special Town Meeting
Mr . Lombardi stated that the Town received a citizen ' s petition on January 19 , 2023 to call a Special Town
Meeting . A copy of the petitions is included in the packet . The town is looking to schedule and hold the
meeting within 45 days to act on the petition . As of today, the tentative date for the "meeting will be March
6, 2023 with a start time of 6pm . The anticipated cost for the meeting is between $ 5 , 900- $ 10, 000, which
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ncludes staffing, contracted services, printing of the warrant, etc .
The petition includes three articles, the Town is seeking Town Counsel feedback on the articles as to their
legality, the articles as drafted will go to Town Meeting . Petitioners will have an opportunity to present
before the Select Board and Finance Committee in the coming weeks . Mr. Lombardi Rrovided a brief
synopsis of the three articles :
1 . Effectively seeks to prohibit use of Town funds or staff resources on the work associated with a
boardwalk for Wing Island . Also, to advise the Select Board and Town that useLof any grants or gifts
for this purpose is not supported by Town Meeting . This is not directive , it is advisory .
2 . Seeks to transfer the care , custody, and control of Wing Island from the SelectBoard to the
Conservation Commission for specific purposes .
a . In this case the feedback from Town Counsel is that because of the way, that the Town
acquired the property, the order of taking and the Town Meeting vote, - it is protected . Any
change in the care, custody, and control or the purposes for which the property is used
requires a Special Act , Mr . Lombardi noted that the article included in the petition is not in
this form and is not appropriate to move forward . It does not meet the requirements of the
Special Act that is necessary to make the changes . Mr . Lombardi has talked about the Select
Board ' s interest in bringing an Article to Annual Town Meeting in May that would place a
Conservation Restriction on the Island , and would consider a transfer of the care, custody, and
control to the Conservation Commission . Adding that the State Legislative process will take at
least a year to complete .
3 . Seeks to rescind the November 2021 Town Meeting vote approving the Drummer Boy Park Master
Plan updated . This is being reviewed by Town Counsel .
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Town of Brewster Office of:
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Mr . Lombardi stated that the Town has stopped any and all work on phase I design for Drummer Boy Park
Master Plan based on' the outcome of the Town Meeting vote were the Town sought an appropriation for
construction cost for phase I of the plan .
Discuss Wing Island Forum
Mr . Lombardi shared that the Town had been planning on hosting a public forum on Wing Island access to
provide new information as we had promised residents in the fall . The planned approach was to focus on our
access options, not to advance a particular design . Now that we are calling a Special Town Meeting, the
suggestion is to reschedule the forum so that it is productive for everyone .
The Select Board agreed to postpone the scheduled public forum and will hold the forum at an unspecified
date in mid - February?'
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Update on Wing Isla6Jd Access
Mr . Lombardi shared the following information : more information will be provided at the rescheduled
forum .
• Gift AQreemen't ; The Town was contacted by the donors , the Schaffer' s, to let us know that they
would be rescinding their offer of $ 1M in funding to the Town at this time . They remain open to
providing financial assistance to the Town in the future . They did not intend for their donation or this
project to be controversial .
• Permitting : As. discussed , any sort of elevated walkway requires a host of State and Federal
permitting approvals . In researching the history of the existing marsh planks, it was identified that
local approvals were sought and granted by our Conservation Commission to install 250ft of
temporary, seasonal at grade boardwalk along its current route . Additionally identified that the Town
has never sec red a Chapter 91 license for the planks . Mr . Lombardi quoted the purpose of Chapter
91 , The Town `has been in contact with the Department of Environmental Protection ( DEP ) officials .
It has been confirmed with DEP that the planks are not grandfathered ( though the Town tried to I
make the case ) . DEP has indicated , at least initially, that they are unlikely to approve a Chapter 91
license for the; planks as they are today . Current conditions are unlicensed and could put the Town in
an unfortunate situation relative to our compliance with State Law and removing the planks would
make access much more difficult . There are concerns what damage the marsh could see if we were
to remove the; planks . Mr . Lombardi noted that another challenge is that there is no practical way for
the Town to prohibit access across the marsh if the planks were removed . The Town is planning on
meeting with OEP to see if any path exists forward on permitting the existing planks or something {
similar to them , though DEP has been consistent in that they would only support some sort of
elevated walkway . The Town is also exploring options with Town Counsel about our obligations given
the historical yrecedent and current state of our permitting, Mr . Lombardi noted that we will exhaust
all resources we have .
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Mr . Lombardi clarified that the Select Board asked Horsley Witten to complete three tasks, to develop the
carrying capacity analysis that reflects the unique ecological conditions of Wing Island , to provide
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construction costs estimates of the two scenarios last discussed by the Select Board 1q., October and to
provide photo simulations of what a proposed boardwalk may look like . All three tasks were intended at the
time, to give residents accurate information , not to advance the project . Since that tine, Town Staff and the
consultants have not focused resources on design plans for this project .
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• Carrying Capacity Analysis : Three questions were examined :
o How many visitors does Wing Island have the capacity to accommodate ?
o How many visitors can we expect based on utilization of existing parking ?
■ They assumed that visitors would use both the Drummer Boy P ' rking lot and parking
at the Museum of Natural History .
o Would the number of expected visitors fit within the resource capacity `'of the Island ?
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Horsley Witten made conservative assumptions, such as there would be 4 people in every car that parked in
the spots at each location . Mr . Lombardi noted that their preliminary analysis indicates that a new elevated
walkway to the Island , would not negatively impact the sensitive resource area . Even in peak season , the
volume of visitors would be less than 25 % of the capacity of the Island . The Town hasIPasked the consultants
to compare the proposed carrying capacity if a new elevated walkway were to be constructed to existing
conditions . The analysis Included a host of recommendations for preserving the resources, more details will
be shared at the forum .
• Construction Cost Estimates : Estimates have been provided for the two scenarios that were last
discussed . Mr . Lombardi stated that identifying the costs does not mean the Town or Select Board is
planning to move forward , this is standard practice on any project . These are conservative
assumptions and include a 30% contingency . All scenarios assume a 6ft wide elevated wood
structure , with a height at the minimum that would be permitted by the State and Federal agencies .
o Option 1 L-Shaped Walkway ( with connection to Drummer Boy ) : Estimated costs $ 3M
o Option 2 I - Shaped Walkway ( over the existing footprint with overlook ) Estimated at $ 1 . 9M ;
without the overlook at Cedar Ridge and meeting the standards of permitting, the estimated
costs is $ 1 . 8M
Mr . Lombardi noted that the height of the structure would need to be approximately a 1 : 1 ratio above the
marsh surface . In terms of the Drummer Boy Park Master plan updates, the initial design for phase I
construction , the parking assumption would be adding a total of 1 new parking space, ? based on what is there
now . There are about 44 parking spaces now and the initial design included 45 parking spaces .
Brewster resident Sarah Stranahan shared her concerns of the carrying capacity analysis and the heavy use
of Drummer Boy Park events that sees hundreds of vehicles at each event . Ms . Strana. han requested that the
carrying capacity analysis is redone considering the number of public events, the parking limitations, the
requirement of beach permits for those who will use the parking at Drummer Boy and the monitoring of
parking . Ms . Stranahan also inquired if there are any plans to limit access to events . She asserted that many
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Phone : (508) 896-3701
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visitors are currently unaware of Wing Island , but if there was a visible elevated boardwalk it would draw
much more attentioniand visitors .
Mr . Lombardi responded that he appreciates the feedback and Ms . Stranahan has a fair point . Noting that
our latest request to the consultant is to want to understand what the current conditions are, including the
peak summer event parking days, which there are good number of. Then compare it to what the demands
would be if there wasan elevated structure to access the island . Mr . Lombardi stated that he does not think
there is a different da'mand in terms of carrying capacity if there is a direct connection from Drummer Boy
versus the elevated boardwalk along the existing route . The second scenario design concept would not
dramatically change the causal visitor to Brewster who has come to Drummer Boy for one of the fairs . The
intent of the initial goal was to provide structured parking so that when there was not a larger event,
residents or visitors wouldn ' t have an opportunity to park anywhere on the property and would be
constrained to the parking along the circle . Mr . Lombardi will convey the feedback to the consultants .
Resident Carol Marcy inquired about ADA accessibility . Mr . Lombardi noted that this is an outstanding
question and is worki ► g with the State who has permitting oversight and enforcement authority . Adding that
the Town will work with the consultant and Town Counsel to understand all the implications and options .
Presentation on Inauiural Affordable Housing Trust S -Year Financial Plan - Select Board's FY23- 24 Strategic
Plan Goal H - 1
Ms . Kalinick provided `an overview of the financial plan of the Trust, including the complexity of the Housing
plan that includes multiple funding sources . Ms . Kalinick reviewed the Housing Trust 5 Year- Plan and
referenced the spreadsheet included in the packet, noting that it is important that there be a stable balance
maintained througho t the course of the 5 years . Ms . Kalinick reviewed the projects ('expenses ) and the
programs that are av ilable, including the Buy Down Program , Rental Assistance , and the Community
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Development Block Grant , The Community Preservation Committee ( CPC ) understands their potential role of
funding, if the CPC were to fund the internal requests , based on their target allocation policy they would be
very close to the 30Wiarget allocation for housing . Ms . Kalinick confirmed that the Trust voted to adopt this
plan with the understanding that it will be updated every year and the CPC endorsed the plan . The goal is to
have the Select Board, review the plan which will become part of the budget documents to help inform
future decisions around the allocation of short-term rental expansion .
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Mr . Lombardi added that this plan helps to understand that the Board ' s current financial policy of allocating
50 % of our short-terra rental revenues for this purpose is not only commendable but necessary . This plan is
in line with the needsof what the Town is doing to advance housing .
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There will be a future 'discussion regarding the bylaw that currently states any allocation over $ 50K needs
approval of the Affordable Housing Trust and the Select Board .
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Update on Millstone Road Community Housing Project & Technical Assistance Request to Massachusetts
Housing Partnership= Select Board ' s FY23- 24 Strategic Plan Goal H -4 I
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Ms . Kalinick provided .,an update since the land development agreement was approved in August of 2022 .
The Preservation of Affordable Housing ( POAH ) and Housing Assistance Corporation ( HAC) have filed for
their comprehensive permit application to the Zoning Board of Appeal ( ZBA) on December 22, 2022 . The
first hearing will be held on February 7, 2023 , the application is available for review on our website . Ms .
I(alinick remarked that we will utilize the technical assistance provided by Massachusetts Housing
Partnership, who provide a consultant to work with the ZBA to understand the complexities of a
comprehensive permit . Ms . Kalinick expects there to be a local funding request related to this housing
project , which is proposed as 45 units of rental housing, up to 80% of area medium income . There is to be a
mix of 1 , 2 , and 3 - bedroom units and a mix of incomes , 30 %, 60 % and up to 80% of the; area medium income .
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A conceptual sketch has been included in the packet , about 1/3 of the entire parcel is used for housing, the
remaining parcel will remain natural , which is in line with the goal to promote housing but respect open
space . The housing project will be as energy efficient as possible , and the design is in the character of Cape
Cod and Brewster . Ms . Kalinick suggested that the Select Board consider input from Housing Partnership,
Affordable Housing Trust, and the community regarding local preference request to the Department of
Housing and Community Development, who make the final decision . .
Update on Proposed Cell Tower at 1185 Long Pond Road - Jon Idman , Town Planner
Mr . Idman noted that the Town has received information about a proposed wireless tower on a property on
the east side of Long Pond Road , but currently we do not have a permitting applicatiofp . The proposed
project, basically on the Millstone Liquors site, consists of a 125ft tower, with lightning rod 129ft . This project
would require Cape Cod Commission Development of Reginal Impact review, in addition to local permitting
and the normal course of permitting . Mr . Idman shared that the permitting path includes filing an
application , locally with the Town , who would then pass it along to the Cape Cod Com$mission . ' The Town ' s
ability to formally review or permit a project is suspended until the Cape Cod Commis's' ion approves the
project . If the commission were to approve the project, it would return to the Town for normal permitting
process . Mr . Idman noted that we would review with Town Counsel and the applicanti' s Counsel about
provisions within the zoning bylaw related to personal wireless service facilities . Adding that this project
would require some certificate issuance from the Historic District Committee and that, both Federal laws and
regulations would be apply through the permitting process .
Mr . Idman shared that the project proposed is a monopole , which is a single pole affixed to the ground and
towards the top are suspended exterior antennas . The primary purpose is to improve ' cellular
communications in our community where gaps remain . The carrier that we know abo,:ut at this point is
Verizon . Adding that it is regular practice of a personal wireless carrier going through ' permitting to complete
a balloon or crane test, where a balloon would be floated up to where the height of the tower would be, this
would require notice to the community . Mr . Idman noted that with Federal permitting involved , there
always has to be notice to the FAA, though in his experience there probably won ' t be any special conditions
or requirements, since it is not above 200ft and there is not an airport located in proximity to the proposed
location .
Select Board 1 . 23 . 2023 www . brewster- ma . gov
Page 6 of 7
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\� gt� eWsr Office of:
� Town of Brewster
� , soar`�,�oEp ogv�9 Select Board
2198 Main Street
° Town Manager
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Phone , ( 508) 896-3701
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Review and Discuss Preliminary List of Potential Warrant Articles for Spring 2023 Annual Town Meeting
Mr . Lombardi referenced the memo included in the packet that outlines potential warrant articles for the
upcoming Annual Town Meeting in May . He reviewed the 24 anticipated warrant articles . The Town
Meeting will be held on Monday May 1, 2023 and the priority deadline for warrant articles is February 15 ,
2023 .
FYIs
No comments 5
Matters Not Reasonably Anticipated by the Chair
None
Questions from the Media
None
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
Adiournment
Selectperson Hoffmann moved to adjourn at 7 : 52pm . Selectperson Bingham second . A roll call vote was
taken . Selectperson Bingham -yes , Selectperson Chatelain -yes, Selectperson Hoffmann -yes, Selectperson j
Chaffee-yes, Chair Whitney-yes . The Board vote was 5 -Yes, 0- No .
Respectfully submittedd by Erika Mawn ,
Executive Assistant
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02 / 06 / °2023 */Mowxj
Approved : Signed :
Date Selectperson Hoffmann , Clerk of the Select Board
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Accompanying Documents in Packet : Agenda, Town Manager report documents, Consent Agenda, Citizens Petition, Affordable Housing
Trust 5-Year Financial Plan, Millstone Road Community Housing update, Proposed Cell Tower documents, Preliminary Warrant Articles,
FYIs .
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Dropbox Siert Audit trail
Title Approved Meeting Minutes- Jan 23 , 2023
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File name SB 01 . 23 . 23 . doc
Document ID 69e7755929308f4176a9c025e829c074347a270c
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Audit trail date format MM / DD / YYYY
Status = Signed i
DoCUment History
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02 / 0712023 Sent for signature to Kari Hoffmann
SENT 21 : 21 : 12 UTC ( khoffmann@brewster-ma . gov) from emawn@brewster-ma . gov
IR 131 . 109 . 131 . 20
02 / 07 / 2023 Viewed by Kari Hoffmann (khoffmann@brewster- ma . gov)
VIEWED 21 : 37 : 15 UTC IP : 170 . 250 . 169 . 246
02 / 07 / 2023 Signed by Kari Hoffmann ( khoffmann@brewste'r-ma . gov)
SIGNED 22 : 37 : 28 UTC IP : 170 . 250 . 169 . 246
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02 / 07 / 2023 The document has been completed .
COMPLETED 22 : 37 : 28 UTC i I
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