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Select Board Meeting Packet 2.13.23
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 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 February 13, 2023 at 6:00 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=WHM2V3hrVkIhSTIoWWhVU09kanUzQT09 Passcode: 509224 To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. 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. 6. Select Board Announcements and Liaison Reports 7. Town Manager's Report 8. Consent Agenda a. Meeting Minutes: February 6, 2023 b. Re -Sign Conservation Restriction for 0 Red Top Road c. Application for Facility Use: Crosby Beach Wedding and Brewster Recreation Department, Crosby Beach Yoga d. Items to be Declared Surplus for Sale, Transfer, or Disposal: Recreation Department and Department of Public Works e. Application for Facility Use: Long Pond Landing 9. 6:15 PM Public Hearing: Proposed Warrant Article Seeking to Ban Sale of Nips 10. Vote to Terminate Gift Agreement with Brewster Conservation Trust for Proposed Wing Island Boardwalk 11. Presentation on March 6 Special Town Meeting Warrant Articles - Jillian Douglass, Friends of Wing Island 12. Discuss and Vote on Special Town Meeting Warrant Articles 13. Vote to Close and Post March 6 Special Town Meeting Warrant 14. FYIs 15. Matters Not Reasonably Anticipated by the Chair 16. Questions from the Media 17. Next Meetings: February 27, March 6 (Special Town Meeting), March 13, and March 20, 2023 18. Adjournment Date Posted: 02/09/2023 Date Revised: Received by Town Clerk: REE F'Fidt I RK THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DIVISION 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 (508) 792-7600 (508) 795-1991 fax www.mass.gov/ago February 7, 2023 Colette M. Williams, Town Clerk Town of Brewster 2198 Main Street Brewster, MA 02631 Re: Brewster Special Town Meeting of November 14, 2022 -- Case # 10789 Warrant Articles # 5 and 13 (General) Dear Ms. Williams: Articles 5 and 13 - We approve Articles 5 and 13 from the November 14, 2022 Brewster Special Town Meeting. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by-laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by-law. Very truly yours, ANDREA JOY CAMPBELL ATTORNEY GENERAL Nicole B. Caprioli By: Nicole B. Caprioli Assistant Attorney General Municipal Law Unit 10 Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792-7600 ext. 4418 cc: Town Counsel Gregg J. Corbo 1 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 January 27, 2023 Mr. Martin Suuberg, Commissioner Massachusetts Department of Environmental Protection Bureau of Water Resources - Division of Watershed Management 100 Cambridge Street, Suite 900 Boston, MA 02114 Re: Proposed Title 5 & Watershed Permit Regulations Dear Commissioner Suuberg: The Town of Brewster has reviewed the proposed changes to the State Environmental Code Title 5 (310 CMR 15.00), and the proposed Massachusetts Watershed Permit Regulations (314 CMR 21.00) and offers a series of comments below. The Town’s long-term actions to protect and restore wellhead protection areas, coastal estuaries, and freshwater ponds provides insight to these comments. In addition, Brewster’s participation in the Pleasant Bay Alliance and in the development of the Pleasant Bay Watershed Permit provides background on the process for developing and implementing a watershed permit. Proposed Changes to Title 5 Deadline to Upgrade Septic Systems in Natural Resource Areas – Section 15.215.2.a in the proposed regulations states that Best Available Nitrogen Reducing Technology (BANRT) systems must be installed within five years of the effective date of the new regulations at all properties within a Natural Resource Area unless a notice of intent to apply for a watershed permit is submitted by one or more Towns in which the Natural Resource Area is located. The towns that are members of the Pleasant Bay Alliance have indicated to DEP that the 5-year time frame is unworkable because it will be impossible to find designers and installers to handle the installation of all of the required systems. Brewster recommends that the upgrade schedule should be based on the proximity of a septic system to a coastal estuary. Properties with systems located within 1,000 feet of a coastal estuary where groundwater flows directly to the embayment without first flowing to a freshwater pond or stream (an Office of: Select Board Town Manager 2 unattenuated watershed) should install BANRT systems within 10 years. Properties with systems beyond 1,000 feet of the estuary or those in watersheds where groundwater does not flow directly to the estuary (attenuated watersheds) should be granted 15 years to upgrade their septic systems. Extending this timeframe makes sense for many reasons. It reduces the concerns about finding contractors to design and install the BANRT systems and gives each Board of Health more time to work with property owners to review and approve the proposed designs. The extension is also needed to allow property owners and municipalities sufficient time to identify and acquire funding from state and federal sources to support the construction of these systems and set up a program to properly operate, maintain, and monitor the systems. In addition, it would allow DEP and towns time to evaluate septic system technologies that address both nitrogen and phosphorus treatment that are important in areas upgradient of freshwater ponds and coastal estuaries. An extended timeframe is also more consistent with the 20-year timeframe granted to a town or towns under a watershed permit to manage 75% of the required nitrogen removal in a coastal watershed. This timeframe would also ensure adequate time to develop the Responsible Management Entity (RME) infrastructures and systems necessary to support widespread implementation of decentralized I/A systems, an undertaking which is currently in its infancy. Upgrade Requirements for Installations of I/A systems Using Best Available Nitrogen Reducing Technology (BANRT) - Paragraph 15.215 2.f. states that if a property owner installs a BANRT system then they do not need to upgrade this system to a newer BARNT if it is becomes available in the future unless the system fails or there is a change in the use of the property. Brewster agrees that this approach is appropriate. However, Paragraph 15.215.2g states that if a property owner installed a nitrogen reducing system within one year of the effective date of the regulations, they do not need to upgrade their system again unless the system fails or the use of the facility changes. This means that a property owner that invested in a new innovative treatment system more than one year from the effective regulation date would then need to spend additional money to upgrade, likely without a significant improvement in water quality treatment. Brewster recommends that properties with existing innovative/alternatives septic systems in place should not have to upgrade their system unless there is a change in use on the property that increases the design flow or if the system fails and needs to be replaced. Given the small number of existing innovative/alternative systems in use across southeast Massachusetts, this change would have little if no impact on estuarine water quality. It would also recognize the investments property owners have made to date to protect water quality. Definition of Best Available Nitrogen Reducing Technology - The definition for BANRT focuses only on the extent of nitrogen removal a particular system can provide. It states that a BANRT is “an alternative system certified by the Department for general use pursuant to 310 CMR 15. 288 which has the lowest effluent Total Nitrogen performance value.” Brewster has two comments on the selection and performance of the BANRT systems. 3 First, no BANRT systems approved for general use under Title 5 treat nitrogen below an approved standard of 19 mg/L based on the March 30, 2022 summary of system approvals provided on the DEP website. The Massachusetts Estuarine Program studies assume that septic systems release nitrogen to groundwater at a concentration of 26.25 mg/L. A system treating nitrogen to 19 mg/L therefore provides only a 28% reduction in the nitrogen load to an impacted estuary. Application of systems treating to 19 mg/L will therefore not fully restore water quality in a coastal estuary. Brewster requests that DEP reconsider the performance standards for BARNT to ensure that if property owners invest in these systems that they will actually help restore estuarine water quality. This could include changes to the current approval process for BANRT systems, or the allowance for additional time for better performing systems to obtain general approval. Second, the definition implies that only one technology will be used for all systems that are installed. This raises concerns about the availability of the technology and the cost for purchase. If one manufacturer is supplying all the systems under this regulation, there is no price competition, unless a new system with better performance is granted pilot or provisional approval for up to three years at which point it becomes the only available technology. The definition should be revised to allow more than one BANRT to be used by property owners. It could allow a choice between technologies provided they provide nitrogen removal at a concentration within 20% of the treatment level provided by the highest performing BANRT. For example, if a system is approved in the future to treat to a concentration of 10 mg/L, all systems approved to treat between 10-12 mg/L should be approved for installation. Proposed Watershed Permit Regulations Purpose of a Watershed Permit – As with the existing Pleasant Bay watershed permit, it is Brewster’s understanding that future watershed permits developed under this regulation will focus solely on the management of nitrogen within watersheds to impaired coastal estuaries. The management of nitrogen in Natural Resource Areas is clearly defined in the revised Title 5 regulations. But the watershed regulations talk about nutrients in general as well as nitrogen as a specific contaminant. If it is DEP’s intent to focus these permits on nitrogen management, the language should be clarified to confirm that. If the plan is to allow watershed permits for other purposes, such as phosphorus management near freshwater ponds then this needs to be clearly explained along with the requirements to develop such a permit, such as a specific water quality study for a pond. Simplified Watershed Management Plans - Most of the nitrogen impacted coastal embayment watersheds extend across more than one town. In many instances, the portion of the watershed in one town may be very small, and nitrogen reductions required in this portion of a watershed may be minimal or unnecessary. For these small areas, if a town can document that the nitrogen load from their portion of the watershed is low enough that no action is required, or can be managed with a simple, straightforward strategy, there should be no need to develop a 20-year permit with the associated annual reports and monitoring requirements. 4 One approach would be to use the Cape Cod Commission 208 Plan Implementation Reports, which document whether or not a town needs to manage nitrogen reductions for a small watershed area. For example, the 208 Implementation Reports for Bass River and Swan Pond River state that Brewster has no nitrogen management responsibilities for existing development. In that case, no further action should be required. Alternatively, for a watershed where less than 5% of the existing or buildout nitrogen load must be managed, the plan should document how this will be completed. Once the work is complete, there should be a simplified process to confirm this with DEP to avoid the need for annual reports or monitoring for such a small area. Further, if a town is only responsible for developing a plan to manage future development in a watershed, they should be granted 10 years to obtain a permit to manage this future nitrogen load. Monitoring Requirements - Paragraph 2.b.13 states that a watershed management plan needs to include a “watershed or sub-watershed scale monitoring plan”. It would be helpful to clarify if the monitoring is focused on the nitrogen reductions implemented under the permit (such as monitoring of a wastewater treatment facility) or focused on changes in water quality in the estuary itself. If the monitoring is to focus on estuary water quality then the regulations should clarify how towns that don’t have frontage on an estuary would monitor surface water quality. Section 21.06 Modification, Revocation, and Renewal of Watershed Permit - The Pleasant Bay Alliance raised questions about what is considered a significant permit modification. The regulations state that significant modifications “are those that would change: the permits required pollutant load reduction; the method or technology to achieve pollutant load reductions in a waterbody…. or the timeframe to achieve said reductions”. Under the current Pleasant Bay Permit, towns are allowed to adjust their nitrogen reduction plans based on the options they included in the initial watershed plan. For example, Brewster included the use of I/A septic systems, fertilizer reductions at the Captains Golf Course, and a neighborhood wastewater treatment facility in their watershed plan. It would be helpful for DEP to confirm that selecting a nitrogen reduction option included in the watershed plan does not require a significant permit modification. This type of adaptive management is an important part of the watershed permit process and should be acknowledged more clearly in the regulations. In addition to these technical comments, the Town of Brewster would like to iterate and amplify the comments submitted by the Pleasant Bay Alliance. Our participation in the first-of-its-kind watershed permit, which DEP is now seeking to replicate dozens of times over, is particularly instructive. Specifically, the Alliance has benefited from extensive grant funding and DEP staff support which is unlikely to be available to others going forward given the scale and scope of the watershed permits which DEP is now seeking across the Cape and South Coast. The Alliance also benefited from pre- existing partnerships which preceded the creation of the pilot watershed permit by a decade plus. These inter-municipal relationships and systems were critical to the success of this model and may not be easily replicable. 5 While the Town supports the overarching policy intent of these draft regulations, we believe it is imperative that the state provide substantial additional financial resources and technical support to the municipalities and residents of Cape Cod to help pay for their implementation. These regulations, if adopted and implemented, will require hundreds of millions of dollars of funding for planning and infrastructure. Without even accounting for the costs associated with complying with these new regulations, the Cape Cod & Islands Water Protection Fund is projected to be insolvent by FY2026 based on the most recent financial analysis provided to the Management Board in January 2023. In seeking to address the shortcomings of its own current regulations, DEP cannot insist that the residents of Cape Cod shoulder the full costs of addressing environmental conditions many decades in the making. Lastly, these regulations also do not address freshwater quality concerns or recognize the linkages between nutrient impacts to ponds and estuaries. They focus exclusively on the impact of nitrogen on the Cape’s impaired saltwater bays and estuaries. We are concerned that the limited financial resources currently available will be necessarily directed to funding projects and infrastructure that address estuarine water quality at the expense of the water quality of our ponds should these regulations be adopted. Accordingly, since I/A technologies can benefit both estuarine and freshwater water quality, we recommend that DEP explicitly clarify that I/A systems are State Revolving Fund (SRF) eligible in Massachusetts, as many other states have already done. We appreciate the opportunity to provide comment on these draft regulations and hope that you will be responsive to the feedback you receive. Sincerely, Town of Brewster Water Resources Task Force Paul Anderson, Water Superintendent David Bennett, Board of Health member Ned Chatelain, Select Board Vice Chair and Cape Cod & Islands Water Protection Fund Liaison Jon Idman, Town Planner John Keith, Brewster Ponds Coalition Vice Chair Peter Lombardi, Town Manager Chris Miller, Natural Resources Director Kim Pearson, Natural Resources Advisory Commission Chair Amy von Hone, Health Director PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 1 January 18, 2023 Mr. Martin Suuberg Commissioner MassDEP c/o Bureau of Water Resources – Division of Watershed Management, One Winter Street, 5th floor, Boston, MA 02108, Attention: Title 5 & Watershed Permit - Submitted via dep.talks@mass.gov Dear Commissioner Suuberg: As recipients of the first Watershed Permit in the Commonwealth, the Pleasant Bay Alliance (Alliance) communities of Brewster, Chatham, Harwich and Orleans, have unique experience with what it takes to succeed in implementing a Watershed Permit, and also unique questions about how the new regulations could change the existing permit issued in 2018. The Alliance and member Towns appreciated the invitation in 2017 to work with Massachusetts Department of Environmental Protection (MassDEP), Cape Cod Commission, and U.S. Environmental Protection Agency to develop the Watershed Permit Pilot Project. Over the 12- month duration of the pilot project, the parties worked collaboratively to reach consensus and approval of the Inter-municipal Agreement (IMA), Targeted Watershed Management Plan (TWMP) and terms that embody the Watershed Permit issued by MassDEP to each of the towns. This historic process is documented on the Alliance’s website at https://pleasantbay.org/programs-and-projects/pleasant-bay-watershed-permit. Since issuance of the Watershed Permit, the Towns submitted four annual reports to MassDEP and the Cape Cod Commission. The cumulative to-date load removal of 4,051 kg/yr represents 82% of the five-year removal commitment of 4,916 kg/yr. In addition to substantial progress, the Towns have identified a number of challenges and questions. It has been immensely helpful for MassDEP and Cape Cod Commission staff to participate in the monthly Watershed Work Group meetings convened by the Alliance where implementation and reporting issues are discussed. PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 2 We applaud MassDEP for proposing a comprehensive regulatory framework to enable other towns to work individually or collaboratively on a watershed basis to address the problem of nutrient loading to nitrogen sensitive coastal embayments. Our comments are intended to strengthen this effort based on our experience under the Pleasant Bay watershed permit. On the attached pages, we provide section-by-section comments on 314 CMR 21.00, Proposed Watershed Permit Regulations, and on 310 CMR 15.000: Proposed Septic Systems (“Title 5”) Amendments. Beyond these specific comments, we believe it is also useful to share insights on what has contributed to the success of the Pleasant Bay Watershed Permit. Some of these success factors may not be easily replicable in other communities without considerable time and resources. The pre-existence of the inter-municipal Pleasant Bay Alliance as a coordinating entity was a significant factor in the successful implementation of the Permit. Pleasant Bay was designated by the Commonwealth as an Area of Critical Environmental Concern in 1987. In 1998, the Towns established the Pleasant Bay Alliance to implement a regional resource management plan. Each watershed town shares a recognition of the Pleasant Bay watershed as critical shared resource, and has a high level of respect for the Alliance by based on long-term success of the management plan implementation. Select Boards are periodically briefed on status of the Watershed Permit and other Alliance initiatives. The four Towns provide sustained financial support of the Alliance, including long-term annual contributions for water quality monitoring and specific projects related to nitrogen management. Citizen volunteers have a sustained (22-year) water quality sampling program to support the MA Estuaries Project (MEP) and establish Total Maximum Daily Loads (TMDLs), and for ongoing monitoring following implementation of nutrient management measures. The Alliance has staff support provided by the Alliance Coordinator, and a technical consultant on watershed issues (Wright-Pierce). All four Towns and agency partners have active participants in the Alliance’s Watershed Work Group. Monthly Work Group meetings address permit-related matters and ongoing technical studies. There is regular participation by knowledgeable, dedicated town representatives and direct involvement from town and Alliance technical consultants. As noted above, regular involvement of MassDEP and Cape Cod Commission staff provides thoughtful feedback as new issues arise An effective Targeted Watershed Management Plan (TWMP) was developed under the auspices of the Alliance, which served to consolidate the four diverse town nitrogen management plans. A step-wise approach began with presenting towns with a composite analysis and confirmation of Town acceptance of shared responsibility. With this agreement, the Alliance towns proceeded to develop the Watershed Permit documents, including the TWMP. As the first Watershed Permit holders, the Alliance and member towns encountered numerous hurdles. PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 3 Even with multi-town coordination, there are significant data consistency/comparability issues that required detailed attention and analysis. As the first Watershed Permit resulting from MassDEP’s pilot project, there has been limited formal guidance on a range of implementation issues. Responses to annual reports from MassDEP could be more robust and provide additional feedback regarding proposed changes or new information posed by towns. As a large and dynamic system, Pleasant Bay undergoes numerous physical changes in system conditions with implications for nitrogen management. Early implementation included pilot projects for non-traditional technologies. Over the course of the permit, the Alliance has undertaken many additional studies to refine nitrogen management plans, including: • Re-modeling of the Bay to determine the impacts of improved hydrodynamics • Updating watershed load estimates from 2006 MEP report. • Peer review of attenuation estimates and subsequent additional field studies • Study of nitrogen credit trading to reduce project costs • Assessment of feasibility of credits for stormwater management activities • Fine-tuning of procedures for determining nitrogen removal credits. • Detailed evaluation of I/A systems, including performance, cost, and administrative requirements • Formulating plans to deal with growth • Re-assessment of nitrogen loading thresholds The Alliance and Towns continue to assimilate new information generated by these studies, and to work with MassDEP to understand the implications for the Watershed Permit. Costs of Developing and Administering the Watershed Permit are Considerable Significant funding from Southeast New England Project Watershed Grants totaling more than $380,000 has enabled the Alliance to advance technical issues noted above, for which there was limited regulatory guidance. Costs of developing and implementing the Watershed Permit are significant. This includes costs to prepare the targeted watershed plan and other required documents, provide required annual reporting, and address ongoing technical issues associated with adaptive management. Town representatives have expressed concern that managing multiple Watershed Permits in their community would overwhelm resources. It has also been noted that, without staff increases, it would be challenging for MassDEP to review and respond to an increased number of Watershed Permits in a timely manner. It is our understanding that the Pleasant Bay Watershed Permit would be governed by the new regulations going forward. The Permit includes a targeted watershed management plan that spells out the measures each town will take to remove its share of nitrogen. The twenty-year permit is structured in five-year increments to allow opportunity to make modifications to nitrogen reduction measures based on performance or new information. The Alliance is seeking clarity on how the new Watershed Permit regulations would affect any revisions to the PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 4 underlying targeted watershed management plan the towns might want to make in light of performance or new information. Specifically, we want to understand what the requirements will be for proposing modifications to the existing Permit under the new regulations, and gaining DEP acceptance of those changes. In addition to these comments specific to the Pleasant Bay watershed permit, our member towns have identified issues that may apply to other watersheds. The concurrent issuance of the Title 5 and Watershed Permitting regulations has given the impression that towns can make an either/or choice between Best Available Nutrient Reduction Technology (BANRT) and a Watershed Permit. It is important for MassDEP to alert the public that these two choices are not equivalent. MassDEP should lay out the potential Town responsibilities related to the BANRT route should that approach fail to allow water quality restoration. With a watershed permit, towns set forth nitrogen removal plans and commit to implementation on a given schedule. That commitment includes the responsibility to measure and report the nitrogen load removals that result. Implicit in the adaptive management philosophy of the permit is the town responsibility to monitor water quality improvements and to adjust load removal plans accordingly. With the BANRT route, property owners are required to install BANRT, but are not required to demonstrate their performance, monitor receiving water quality, or be responsible for additional nitrogen controls that may be needed if BARNT is insufficient. Moreover, Towns operating under a nitrogen removal plan based on the MEP and which demonstrates compliance with applicable TMDLs, and for which MassDEP has authorized or the State Revolving Fund has financed implementation measures, should be allowed to continue implementation of that community approved plan under the scheduled originally proposed. Otherwise, if required to obtain a Watershed Permit, communities would bear additional expense and potentially prolong implementation, undermining public confidence in nitrogen removal efforts. Thank you for your consideration of these comments. Sincerely, Carole Ridley Coordinator Cc: Town Manager/Administrators of Brewster, Chatham, Harwich, Orleans Select Boards of Brewster, Chatham, Harwich, Orleans Pleasant Bay Alliance Watershed Workgroup Representatives Cape Cod Commission Sen. Julian Cyr Rep. Sarah Peake MaryJo Feuerbach, US EPA PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 5 I. Comments on 314 CMR 21.00 Proposed Watershed Permit Regulations 21.02 Definitions • Alternative Control Approach - Nitrogen credit trading using conventional technology should not be considered an Alternative Control Approach, because a back-up plan would not be needed. • Alternative Restoration Plan – the definition of this plan seems to be a less rigorous version of a TMDL. Can such a plan be the basis for a Watershed Permit? • Greater clarity is needed to distinguish a CWMP, a CWRMP, a Watershed Plan and a Targeted Watershed Management Plan. A CWRMP covers more than one sector. If the Alliance intends to amend its TWMP; should it instead create a Watershed Plan? Would the change be merely in the title? • Conventional Control Approaches – Approaches that meet this definition are termed Traditional Technologies in the Pleasant Bay Watershed Permit documents, and include commercial fertilizer reductions. • MEP Reports have been accepted by MassDEP. If the Alliance chooses to amend its permit using SMAST- generated revised thresholds or revised attenuation factors, how will those studies be reviewed and accepted by MassDEP? • The definition of pollutant is not confined specifically to nitrogen. Is there an intention to create separate Watershed Permits for each pollutant? Or will one Watershed Permit encompass multiple pollutants? • QAPPs should cover the analysis of data, not just the acquisition of data. • It is likely that “Scientific Evaluations” will be often needed to define nitrogen removal loads, threshold and removals, even where Massachusetts Estuaries Project (MEP) reports were previously completed. MassDEP should provide more detail on how these evaluations will be conducted, by whom, and with what level of state approval or financial support. • The definition of Scientific Evaluations should be clarified to reflect a watershed-wide Scientific Evaluation akin to an MEP report, and these would require approval by MassDEP as they provide a basis for a Watershed Permit. Further clarification is also needed if MassDEP approval is not an intended requirement for subsequent modeling or analysis to refine understandings on a sub-watershed basis. For Pleasant Bay, studies are underway to re-estimate the watershed loads, update the nitrogen attenuation estimates, and revise threshold loads. The Alliance has conducted regular meetings on these activities and MassDEP has participated in those meetings and reviewed draft documents. The Alliance Towns assume that this MassDEP involvement is largely sufficient to gain MassDEP approval of the PBA studies, if needed. For other watersheds, MassDEP may need to establish a program to facilitate these evaluations, given the availability of firms to conduct the studies, the need for water quality data to support them and the large cost of all these activities 21.03 Application “Applicable review criteria” should be defined. PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 6 There is a regular inconsistency throughout the draft regulation about the definition of the target of permits; if it is strictly focused on estuaries and nitrogen then this should be made clear. There are a number of instances where the permit target could be ponds or rivers where nitrogen is unlikely to be the pollutant of concern. The application is to include a Watershed Management Plan (WMP); please specify when other plans may suffice. Note that the Alliance developed a TWMP and intends to issue an amended TWMP. Paragraph 2.b.1 and 2.b.5 appear to require two versions of the same map. Paragraph 2.b.4.a specifies estimating nitrogen loads for the past ten years. That necessitates 10 years of water use records. Why wouldn’t 5 years suffice? Paragraph 2.b.9 talks about “projected 20-year pollutant loads.” Since MassDEP and EPA required an assessment of buildout projections in the MEP assessments, the requirement of a “20-year” projection seems to be another slightly more complicated scenario based on building trends over an undefined period. Why not use the existing MEP buildout scenario rather than ask towns to complete additional scenarios? Paragraph 2.b.11 restricts implementation schedules to 20 years. If towns can show the reasonableness of achieving 75% of the full nitrogen load removal goals in 20 years, might it be appropriate to say how and when the remaining 25% of the plan will be accomplished beyond 20 years? When a town’s commitment in a single watershed might exceed $100 million in capital expense, and that town may contribute to multiple watersheds, it is unrealistic to require that town to commit to binding implementation schedules that require even 75% nitrogen removal in each watershed in 20 years. More clarity is needed on how towns should incorporate growth projections in their implementation schedules. It is unreasonable to expect towns to agree to binding financial commitments over a 20-year period if a portion of the associated nitrogen removal needs is related to speculative growth projections. Consider making binding only the first 5 years of the implementation plan (with the rest subject to adaptive management) as in the existing PBA permit Paragraph 2.b.13 includes an undefined “reevaluation process” associated with a monitoring plan and a QAPP. Is this expected to be tied into the 5-year reporting required in the implementation schedule? In addition, it would be helpful to clarify if the monitoring is focused on the nitrogen reductions implemented under the permit, or focused on changes in water quality in the estuary itself. Watersheds to many of the nitrogen impacted coastal embayments encompass more than one town. In many instances the portion of the watershed in one town may be very small, and nitrogen reductions required in this portion of a watershed may be de minimis. For these small PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 7 areas, if a town can document that the nitrogen load from their portion of the watershed can be managed with a simple, straightforward strategy, there should be no need to develop a 20-year permit with the associated expense for annual reports and monitoring requirements. One approach would be to use the Cape Cod Commission 208 Plan Implementation Reports which document whether or not a town needs to manage nitrogen reductions for a small watershed area. For example, the 208 Implementation Reports for Bass River and Swan Pond River state that Brewster has no nitrogen management responsibilities for existing development in the Brewster portion of the watersheds. In that case, no further action should be required. For a watershed where a small existing or buildout nitrogen load must be managed, the plan should document how this will be completed. Once the work is complete, there should be a simplified process to confirm this with DEP to avoid the need for ongoing annual reports or monitoring for such a small area. 21.04 Application Review Process Paragraph 21.04(2)(d)1.-6 should also include the names of the towns in the watershed. 21.05 Required Elements of a Watershed Permit The Watershed Plan should be approved before the permit application is submitted. Changes needed to gain MassDEP approval might involve costs and actions should be known before an intermunicipal agreement is finalized. In the Pleasant Bay permit, the three basic elements are the permit language (including the General Conditions), the TWMP and the IMA. Should not these regulations stipulate that an IMA, if needed, will be part of the permit? Paragraph 25.05.3.a states the Watershed Permit shall include “an adaptive management framework in which the permittee will make future decisions, subject to the approval of the Department, as part of an ongoing science-based process….” Does the “approval of the Department” modifier apply to future decisions or MassDEP approval of scientific studies? MassDEP approval of individual studies would seem to be unnecessary and cumbersome Paragraph 25.05.3.d addresses pollution reduction credits. The Pleasant Bay TWMP includes appendices that spell out the computational procedures for documenting credits. It is important that all parties to the permit understand and agree to those procedures so there is no misunderstanding after the technology is in place and credits are claimed. Will MassDEP issue such computational procedures for all permits, or will this task fall to the individual permittees and perhaps vary by watershed? 21.06: Modification, Revocation, and Renewal of a Watershed Permit 21.06 (3) Modification, Revocation, and Renewal of a Watershed Permit This section indicates that the Department shall process a significant modification in the same manner as a new Watershed Permit Application. The changes in procedure embodied in the proposed regulations appear to be significantly more onerous compared to the terms of the existing Pleasant Bay Watershed Permit (existing permit). Paragraph K of the existing permit PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 8 requires written request to the Department for approval of a proposed modification to the TWMP and/or implementation schedule; and Paragraph L requires prompt written notification of proposed changes to the IMA. Please clarify how the “Content of an application” requirements of 21.03(2) apply when a town/towns with an existing approved Watershed Permit seeks a significant modification. Is it presumed by the Department that the elements enumerated in 21.03(2) are embodied in the existing approved Targeted Watershed Management Plan and/or Intermunicipal Agreement as may be proposed to be modified by the town/towns. For example, is it sufficient for the town/towns to submit proposed revisions to the TWMP and/or IMA as part of regular annual reporting incorporating a request for permit modification? Is a form required in this instance? Is the process of significant modification comparable to a de novo application? If alternative nitrogen management options are included in the watershed plan and permit, does choosing one option over another avoid the need for a significant modification? Does the pending status of a proposed significant modification affect a town’s status or eligibility for low or zero interest Revolving Loan Funds for implementation of remediation actions? What is the distinction between a significant modification and one that is not considered significant? What is an example of something that would justify a permit modification but is not considered significant. 21.06(4) Renewal If a permit has been modified to extend the timeline for implementation beyond twenty years due to factors beyond the town’s control, is that permit also eligible for a renewal? PBA intends to request changes in its permit at the end of Year 5 or Year 6. Those changes represent “significant permit modifications” as defined in this section. PBA will be seeking a “modification” not a “renewal”. As documented in several annual reports, the changes that will be requested in the modification are primarily related to changes in watershed loads due to modified estimates of attenuation, and changes in threshold loads to better reflect applicable flushing conditions. Those changes will probably result in modifications to the towns’ selected technologies and their implementation schedules. 21.08 Signatories to Permit Applications and Reports It is not customary for a town official (a permittee) to sign an engineering document such as a TWMP or WP. There is no Paragraph 21.03(3)(a). Currently, the Alliance submits the annual reports and they are not signed by town officials. PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 9 21.09 Enforcement, Violations, and Right of Entry Paragraph 3 allows DEP to conduct inspections by “entering the permittee’s premises at all reasonable times…” This paragraph appears to be copied from Groundwater Discharge Permits and seems to be out of place for a Watershed Permit. 21.10 General Conditions With regard to paragraph 21.10.3, PBA has annually informed DEP of progress toward attaining the Year-5 nitrogen removal goal, including statements in the Year 4 report that the Year 5 goal may not be met. The PBA considers the annual report to be sufficient written notice as required in this paragraph. PBA has submitted four annual reports on schedule. In some years there has been no DEP response to the annual report, which PBA has taken as tacit approval of that report. It would be better if DEP were required to comment. In paragraph 21.10.7, “monitoring must be conducted”, not “monitoring results must be conducted”. Monitoring results for new technology should be analyzed in accordance with computation procedures established in the TWMP or Watershed Plan. See comment on Section 21.05. It is understood that the Watershed Permit may serve as the sole DEP authorization for installation and operation of an Alternative Control Technique, if a permitting process has not been established by DEP for that technology, for example PRBs. Requirements related to operation of facilities have to be clarified to apply only to towns that own and operate those facilities. PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 10 II. Comments on 310 CMR 15.000: Proposed Septic Systems (“Title 5”) Amendments Section 15.002 See comments on “Scientific Evaluations” above. TMDLs are defined in the Clean Water Act and likely in MassDEP regulations. The TMDL definition should refer to those existing definitions. Section 15.214 Paragraph 1.a.2: A “facility” is an “area”? Paragraph 1.b.2.b: It is likely that “Scientific Evaluations” will often be needed to define/refine nitrogen removal loads, threshold and removals, even where MEP reports were previously completed. Paragraph 1.b.2.c: DEP should provide more detail on how these evaluations will be conducted, by whom and with what level of state financial support. DEP may need to establish a program to facilitate and prioritize these evaluations, given the availability of firms to conduct the studies, the need for water quality data to support them and the large cost of all these activities. If the Scientific Evaluation is not conducted by DEP, who has standing to submit a scope of work for the evaluation? Towns in the watershed? Environmental organizations? Regional planning commissions? Section 15.215 Paragraph 2.a.2: The Pleasant Bay Watershed Permit pre-dates promulgation of the Watershed Permit regulations (310 CMR 21.00), so this paragraph protects property owners from the BANRT requirement unless and until that permit is revoked or terminated. Modifying the PB permit, as is intended to occur in the next year or so, should not invoke this requirement. Please confirm. However, member towns are generally concerned that the requirement of 15.215 to upgrade to BANRT onsite system or apply for a Watershed Permit within 18 months of a Nitrogen Sensitive Area designation, is not workable. The experience of issuing sewer connection orders to residents demonstrates the difficulty of mandating that homeowners take action that is both costly and dependent on the availability of engineers and other consultants in short supply. Accordingly, the time period for performance under 2a and 2b should be extended. There are apparently no provisions in the regulations for the proper operation, maintenance and monitoring of BANRT. If DEP determines that BARNT can achieve a certain effluent total nitrogen value, it is very likely that a given installation will not perform to that level without proper operation, maintenance and monitoring. These systems have been shown to be relatively expensive, in terms of all-in costs, even when they are properly operated and maintained. Without enforceable requirements for operation and maintenance, these systems will be even less cost-effective. Further, if a property owner has invested in a BANRT system, and the PO Box 1584 Harwich, MA 02645 508 430 2563 www.pleasantbay.org 11 municipality later adopts a watershed-wide plan, that property owner will be unwilling to participate in that comprehensive program, given the investment that has already been made. DEP has previously stated that nitrogen credits for I/A systems can only be obtained if there is a Responsible Management Entity (RME) in place and a certain minimum level of oversight, testing and monitoring occurs. Since these regulations do not address operation and maintenance and do not require an RMD, should it be clarified that nitrogen credits will not be earned by BANRT installed under this regulation. Select Board Mtg 02.13.2023 1 Agenda Item #8: Consent Agenda Cover Page a.Meeting Minutes: February 6, 2023 Draft meeting minutes from the Select Board regular session meeting held on February 6, 2023 have been submitted for approval. Administration Recommendation: We recommend the Select Board approve the meeting minutes as presented. b.Re-Sign Conservation Restriction for 0 Red Top Road At the August 8, 2022 meeting the Select Board approved a Conservation Restriction on a Brewster Conservation Trust parcel on Red Top Road. Town Administration has been informed that due to the back log at the state level, they are requesting that the signatures be updated. The Conservation Restriction, a new signature page and the request letters from last August have been included. Administration Recommendation: We recommend that the Board re-sign the Conservation Restriction c.Application for Facility Use: Crosby Beach Wedding Brewster and Brewster Recreation Department, Crosby Beach Yoga A couple that are renting one of the Crosby Mansion cottages is requesting to hold a small ceremony on the flats in front of the cottage located at Weathervane Way. The ceremony will be held on Saturday September 16, 2023. The expected number of guests is 80, the reception will then be held at the Crosby Mansion. The Crosby Mansion Manager, Richard Archer will be the point of contact for this event. The Police Department, Fire Department, Town Administration, Health Department, Department of Natural Resources and Building Department have reviewed the application and their feedback/comments will be shared with Richard Archer to review with the applicant. There are no concerns from any Department in approving this application. The Brewster Recreation Department is requesting the use of Crosby Beach to sponsor a yoga class taught by a certified yoga instructor starting Memorial Day weekend through September 15, 2023. The yoga classes will be held every day from 8am – 9am. The applicant will be advised that beach permits are required starting at 9am for all vehicles in the parking lot. Temporary signage on town property will be approved through building department. Administration Recommendation: We recommend that the Board approve both applications for facility use. d.Items to be Declared Surplus for Sale, Transfer, or Disposal: Recreation Department and Department of Public Works The Recreation Department is requesting to declare surplus items for disposal. The items for disposal have no real value and are not in adequate shape for continued use. The list of items is included in the memo provided in the packet. The DPW is requesting to declare an item for disposal. The item was previously declared as surplus, but received no bids. The DPW has no use for the item. Select Board Mtg 02.13.2023 2 Administration Recommendation: We recommend that the Board approve items to be declared surplus for disposal. e.Request for Facility Use: Brewster Recreation Department/Mass Audubon-Long Pond Landing The Brewster Recreation Department is partnering with Mass Audubon to provide guided kayak trips from Long Pond Landing to the Pond Property. The guided kayak trip is leaving from Long Pond Landing because there is very limited parking at the Pond Property. The Pond Property Committee has approved this interim use on the Pond Property. The guided kayak trips would take place on June 3rd from 9am to 5pm with a rain date of Sunday June 4th. The fee for use of the landing is $50.00 and is requested to be waived. Administration Recommendation: We recommend that the Board approve this request. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 1 of 8 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: February 6, 2023 TIME: 6:00 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, Finance Director Mimi Bernardo, Deputy Assessor James Gallagher, Treasurer/Collector Lisa Vitale, Finance Committee Members: Chair Pete Dahl, Honey Pivirotto, Frank Bridges, Andy Evans, Bill Meehan, Alex Hopper, Robert Tobias Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 6:00pm, declared a quorum by stating that all members of the Select Board are present via zoom and read the meeting participation and recording statements. Public Announcements and Comment New State Representative Chris Flanagan introduced himself and expressed that he is looking forward to working with the Town on areas of mutual interests. He will have offices hours in Brewster this Friday from 1pm to 3pm at the Brewster Council on Aging. Select Board Announcements and Liaison Reports Selectperson Hoffmann congratulated the Brewster Cultural Council on receiving a $7,000 grant from the Mass Cultural Council from their COVID relief fund. These funds will be used to improve outreach to local cultural providers and increase cultural activities in Town. Town Manager’s Report Mr. Lombardi provided the following reminders: The Town will be hosting a public forum on Thursday (Feb. 9) at 6pm in rooms A & B, participation can also be remote. The forum will provide information on access to Wing Island and the latest developments, as well as the planned March 6 Special Town Meeting. All are invited to attend. The Select Board was supportive of the general bylaw prohibition on the future sale of nip bottles brought forward by the Recycling Commission for Town Meeting. The Town facilitate a public hearing, consistent with the recommendations of the Recycling Commission. The public hearing has been advertised and local business owners who may be affected have been contacted. The public hearing will be held on February 13 at 615pm. Consent Agenda a.Meeting Minutes: January 23, 2023 b.One Day Liquor License Application: Brewster Chamber of Commerce c.Facility Use Application and Fee Waiver Request: AARP Foundation Tax Aid Program d.Department of Public Works Cemetery Plot Resale Request Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 2 of 8 Office of: Select Board Town Manager Selectperson Hoffmann moved to approve the Consent Agenda of February 6, 2023 as amended. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee- yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Vote to Hold Special Town Meeting on March 6, 2023 Selectperson Chaffee moved to hold the Special Town Meeting on March 6, 2023 at 6pm at Stony Brook School. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Finance Team Presentation on Potential Targeted Local Tax Relief Options and Discussion of Next Steps- Select Board’s FY23-24 Strategic Plan Goal CC-2 (Joint with Finance Committee) Finance Committee Chair Dahl called the Finance Committee meeting to order at 6:10pm, declared a quorum by announcing all Finance Committee members present. Deputy Assessor James Gallagher presented on Tax Relief Options: Review of Existing (adopted) Options and funding sources: o Senior Exemptions: Clause 17D and 41C (Overlay) o Senior Deferrals: Clause 41A (Tax liens, repaid upon sale of home or death of taxpayer) o Veterans Exemptions: Clause 22, 22A-22G (Overlay) o Blind Exemptions: Clause 37A (Overlay) o Senior & Veteran Workoffs: Chapter 59 Section 5K & 5N (Overlay) FY23 Exemptions to Date: o Total participants are 153, and one Senior Deferral o FY23 Overlay costs (to date and rounded) = $141,000 Potential Tax Relief Options reviewed: o CPA Exemptions Low-income resident & low-moderate income senior exemption (further exploration recommended) Exempts the entire 3% CPA surcharge for: o Low income any age (current income limit starting at $64,750*) o Low-Moderate income seniors aged 60 & up (current income limit starting at $80,900*) o *Income limits are adjusted annually based on median area income and adjusted based on household size. Residential CPA exemption (not recommended) Commercial /Industrial CPA exemption (not recommended) o Residential Exemption- Chap 59 Sec. 5C (not recommended) o Senior Exemption -Chap 59 Sec 5 Claus 41C ½ (not recommended) Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 3 of 8 Office of: Select Board Town Manager o Senior Means Tested Exemption (Home Rule) Enacted by Town Meeting vote and MA Legislature approval required. 3- Year sunset or Town Meeting approval can extend in 3-year increments Exemption amount: 50%-200% of Senior Circuit Breaker (CB) Amount Exemption percentage can be adjusted annually by the Select Board Income Limits: $64,000 (single)-$96,000(married) adjusted annually to match CB Asset Limit: “Excessive” (can be adjusted annually by the Town) Maximum Assessed Value: $912,000 (adjusted annually to match CB) Age Requirement: 65 (co-owner required to be 60) Domicile requirement: domiciled and owned in Brewster 10 consecutive years prior This exemption is in addition to any other exemption. o Mass Association of Assessing Officers (MAAO) is working on a Local Option Means Tested Senior Exemption template. Expected version is to be filed in 2023, if passed Brewster may have the option to adopt in 2024, possibly in time for FY2025. MAAO Legislative Committee Liaison recommendation is for individual towns to continue to file Home Rule Petition with template. o Local Optional Additional Exemption- Chap 59 Sec 5C ½ (not recommend) Potential Cost Estimates of the Presented Options were reviewed Senior Circuit Breaker MA Income Tax Credit o All Brewster seniors should be encouraged to file for this tax credit. An existing State program that provides a refundable tax credit up to $1,200. Summary and Next Steps were reviewed Selectperson Hoffmann asked for more information about the Senior & Veteran work off program. Mr. Gallagher responded that the $25K cap is Select Board policy which can be adjusted. Noting that there hav e been times when those who have signed up do not always complete the program. The program was not active during COVID. The full $25K is not always fully expended. Mr. Lombardi added that though we have the ability to increase the exemption, this would translate to more hours, and we need to keep in mind that there is only so much volunteer work that is needed. Mr. Lombardi shared that the Town does not know if there is capacity until the program is completed. Mr. Gallagher explained in more detail the Residential exemption and the breakeven point, noting that a big factor is the percentage of residents vs. non-residents, in Brewster there is about a 50/50 split. Mr. Gallagher reviewed the reasons that this is not recommended for Brewster. Mr. Gallagher reviewed the information/data he used to estimate the number of participants in the programs in response to Finance Committee Member Bridges inquiry. Member Evans asked about resident vs. nonresident definition. Mr. Gallagher noted that the important term is domicile, his offices looks at multiple data points to review and determine residency. Adding that it is clear in Ch. 59 S5C that residency is based on the address where one files their Federal Tax Returns. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 4 of 8 Office of: Select Board Town Manager Mr. Lombardi stated that the Town is sensitive to providing tax relief to residents where we can, and that there should be more review of the CPA exemption and the Home Rule Petition. One of the challenges of most of the options is that the relief is targeted to seniors, the Town should also look to see what else we can do for the community. FY24 Budget Overview Presentation and Discussion (Joint with Finance Committee) Mr. Lombardi noted that the presentation is a synopsis of the work that has been done and the current status of the budget. The presentation is reflective of all the individual budgets that will be presented by department heads this week. The Finance team (Peter Lombardi, Mimi Bernardo and Donna Kalinick) presented the FY2024 Budget Overview: Revenue Projections o New Growth (tax revenue): $225K based on Assessor’s analysis. o State Aid (cherry sheet): level funded FY23 actuals; State’s recent consensus revenue hearing identified likely 1.6% increase o Local Receipts: 5% increase from conservative FY23 assumptions o Short-term Rental Revenues: $250K increase to $1M based on FY22 actuals ($1.2+M) and FY23 estimates (~$1.4M) o Ambulance Receipts: $340K increase to $1.062M, based on available balance and actual annual revenues; covers 1/3 of total Fire Department operating expenses o Water Indirects: $3K increase to $196K o Golf Indirects: $6K increase to $212K o Solar Revenues: $22K to General Fund for part-time Energy Manager; $69K to Golf Department o New Marijuana Revenues: $0 (anticipated facility openings by summer 2023) FY24 General Fund Revenues by Type (visualization) notes o Short-term rental revenues are part of local receipts o Large increase under excluded debt (town & schools), $3.4M in FY23 to $7.2M in FY24, this is with the assumption of the Nauset High School debt coming online. o Transfers are other funds through Town Meeting vote, money is transferred into the General Fund to offset expenses. Noteworthy FY24 Budget Expense Drivers: Forecast to Actual (the schools represent almost half of the Town’s total budget). o Cape Cod Tech Projected 2.5% operating increase (-1.1% decrease in Brewster enrollment relative to total student population) $78K debt decrease (due to enrollment decrease & declining assessment schedule- level principal) o Nauset Regional Projected 3.0% operating increase Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 5 of 8 Office of: Select Board Town Manager Currently proposed ~7.0% operating increase (+1.46% increase due to Brewster enrollment relative to district) o Brewster Elementary Schools Projected 3% increase Currently proposed 6.5% for Stony Brook and 7.8% for Eddy School o Health Insurance Projected 5% overall increase Actual % premium increase will be determined on Feb 8, 2023 o Pension Projected 11% increase Actual 11% increase based on experience o Transfers Out Projected $50K increase to Affordable Housing Trust (50% of Short-term Rental revenues), $25K to Capital Stabilization (25%), and $15K to Water Quality Stabilization (15%) Actual $125K increase to Affordable Housing Trust, $62.5K to Capital Stabilization, and $37.5K to Water Quality Stabilization Ms. Kalinick noted that we allocate $300K to OPEB (Other Post Employment Benefits) and $267K come from the General Fund with the remainder funded through the Water and Golf Enterprise accounts based on their share. o Town Personnel (note reduction in number of weeks from 52.2 in FY23 to 52 in FY24) Projected 2.50% COLA, 3% step increases, and Phase 2 of Compensation & Class implementation Actual 3% step increases, TBD COLA (funding in contractual obligations), and Phase 2 of Compensation & Class implementation o Town Expenses Projected 2% increase (not including health insurance & pension) Actual 1.7% increase o Total Town Operating Expenses Actual 4.0% increase as proposed, with targeted staffing increases Actual 3.4% increase, without targeted staffing increases Ms. Kalinick noted that the Open Gov Platform will be available to review the General Fund expenses by department starting on Tuesday. Mr. Lombardi reviewed slides that demonstrate the ways in which the budget seeks to support and implement the goals in the Select Board strategic plan. Select Board FY23-24 Strategic Plan Goal SC-2: Continue to develop/refine and implement interim public access/use plans. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 6 of 8 Office of: Select Board Town Manager o Summer 2023 Brewster Community Pool Opening (June 26- August 15) Financially supported by initial $200K appropriation from Free Cash to cover the first year of start up costs and operating expenses. Proposing to use a portion for new staffing to help run the pool ($19K), including a new part-time seasonal administrative assistant ($3K) Planned solicitation process to enter a contract with a 3rd party service provider for lifeguards & pool management paid from start-up appropriation (~$125K) Pool fees from resident memberships expected to fully support future year pool operating expenses. o Summer 2023 First Light Beach Goal is to continue the beach as resident only access, starting Memorial Day through Columbus Day (weekends before June 15 and after Labor Day). $35K for First Light Beach gate attendants funded through Town’s ARPA allocation. Select Board FY23-24 Strategic Plan Goal SC-3: Launch community planning process, engage residents and stakeholders, determine support for constructing new community center on bay property and develop long-term comprehensive plans for both properties. o Community Engagement & Develop Comprehensive Plans Looking to partner with neighbor communities to share planning staffing to meet project-specific organization capacity needs. 8 hours/week for FY24 pilot program funded through Town’s ARPA allocation ($33K). Select Board FY23-24 Strategic Plan Goal G-7: Identify priority areas to increase organizational capacity to meet enhanced service needs and expanded project demands and develop long-term financing plan to fund necessary personnel. o Proposed strategic staffing enhancements (8)- $113K net impact on FY24 General Fund budget (including benefits) Building Department Local Inspector - $5K (increase hours from 35 to 37.5/week) Recreation Department Assistant Director- $8K (increase hours from 35 to 40/week) Part-time Police Department Custodian- net $16K (increase hours from 9 to 19/week) Part-time Health Inspector- net $22K (new 19 hour/week position) Part-time Town Clerk Administrative Assistant - $17K (new 15 hour/week position) Assistant DPW Director – net $70K (new 40 hour/week position; vacant full-time DPW Administrative Assistant position proposed to shift to part-time position). Golf Department Project Manager - $98K (new 37.5 hour/week position to expand capacity and support based on current and expected project coordination/oversight workload) Crosby Property Manager - $8K (increase seasonal hours from 25 to 35 hours/week for 6 months; supported by actual revenues and updated fee schedule, 100% support by Crosby Revolving Fund) Select Board FY23-24 Strategic Plan Goal H-1: Develop five-year financial plan for Affordable Housing Trust and determine whether additional funding streams should be explored to support housing initiatives at a range of income levels. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 7 of 8 Office of: Select Board Town Manager o Support recently adopted 5-year Affordable Housing Trust Financial Plan Continue to direct 50% of Short-term Rental revenues to Affordable Housing Trust ($500K for FY24) Also requires 30% target allocation identified by 5-Year Community Preservation Plan to be sustainable. Mr. Lombardi shared the FY24 Budget Summary Estimated FY24 General Fund revenue totals $55,477,500 Projected FY24 General Fund operating appropriations if Nauset Regional & Brewster School budgets at 3% estimate $55,400,799 Estimated available FY24 levy capacity if Nauset Regional and Brewster School budgets at 3% estimate +$77K Projected FY24 General Fund operating appropriations if Nauset Regional & Brewster School budgets at 7% proposed $56,223,657 Estimated available FY24 levy capacity if Nauset Regional and Brewster School budgets at 7% proposed -$746K Mr. Lombardi reviewed the FY24 Budget Policy Implications and Next Steps. One of the goals included in the strategic plan (goal G-1) was to both establish and communicate the Town’s budget capacity to Nauset School officials based on the Town’s current and long-term fiscal sustainability. Brewster’s FY24 budget directive to Nauset & Brewster Schools: financial forecast identified ability to support 3% increase, any greater increase would likely require operating override(s). Town expense can’t be reduced by $750K without dramatically impacting services and programs. Only real option, but is not recommended, would be to use ~85% of the Town’s estimated Short-term Rental revenues to support operating budget (currently 10%). The challenge in doing this is that it will abandon our strategic approach to utilize them as a new funding source and will dramatically undermine the Affordable Housing Trust 5-Year Financial Plan. Additionally, if we were to shift these revenues and use as a funding source for the FY24 Operating budget, backing those revenues out would be the equivalent to a budget cut. Assumption that FY24 Nauset & Brewster School budgets would be new baseline and concern that FY25+ school spending increases could exceed 5% again. Important to communicate potential override implications to Nauset School officials based on current conditions as they continue to refine and finalize their respective budgets. If deficit remains in March 2023, the Town will need to decide on approach to operating override(s). Members of the Select Board shared their support of the additional positions and hours for Town staff. Members of the Finance Committee offered their thoughts on the presentation, there is concern about the increase in operating budget in the schools. Member Bridges reviewed the enrollment numbers of Nauset Regional schools and inquired how the Town’s assessment is less. Mr. Lombardi replied that our student Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 2.06.2023 www.brewster-ma.gov Page 8 of 8 Office of: Select Board Town Manager population is decreasing less than the other towns and what isn’t captured is the out of district placements. Mr. Lombardi noted that the difference in approach to working with the schools early on in developing budgets, is that we were much more explicit this year in establishing what we viewed as our expected levy capacity and clarifying that if their assessments came in higher than 3%, we would not have the capacity to absorb it as we did last year. It was stated that the schools are not through their budget process yet, and the Town has an opportunity to communicate that our budget forecast was accurate. Finance Committee member Meehan moved to adjourn at 8:22pm. Member Bridges second. A role call vote was taken. Member Bridges-yes, Member Evans-yes, Member Meehan-yes, Member Hopper-yes, Member Tobias-yes, Chair Dahl-yes. The Committee vote was 6-Yes, 0-No. Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Next Meetings February 8 (Joint with Finance Committee), February 9 (Wing Island Access Forum), February 10 (Joint with Finance Committee), February 13, February 27, March 6 (Special Town Meeting), March 13, and March 20, 2023 Adjournment Selectperson Chaffee moved to adjourn at 8:24pm. Selectperson Hoffmann 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. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Town Manager Report, Consent Agenda, Citizens Petition, Local Tax Relief Options PowerPoint presentation, FY24 Budget Overview PowerPoint presentation, FYIs. WELCH CONSERVATION RESTRICTION Brewster, MA GRANTOR: Brewster Conservation Trust GRANTEE: The Compact of Cape Cod Conservation Trusts, Inc. ADDRESS OF PREMISES: 0 Red Top Road, Brewster, MA 02631 FOR GRANTOR'S TITLE SEE: Barnstable County Land Court Document 1,443,629 Certificate #228092 CONSERVATION RESTRICTION I. STATEMENT OF GRANT A majority of JOSEPH BIERNAT, AMY CHESNUT, BETH FINCH, DEBRA JOHNSON, PETER JOHNSON, MARTIN ICAMARCIC„ DONALD ICEERAN, JOHN LAMB, STEPHEN McKENNA, HAL MINIS, BONNIE NEWMAN, ROGER V. O'DAY, PETER W. SOULE, CHARLES L. SUMNER, SEAMUS WOODS and ROSEMARY VAN ANTWERP, as Trustees of the BREWSTER CONSERVATION TRUST ("Trust"), owner of the Premises as defined herein, constituting all of the owner(s) of the Premises as defined herein, for the Trust's successors and assigns ("Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grant, with QUITCLAIM COVENANTS, to THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC., a Massachusetts charitable corporation, with an office at 36 Red Top Road, Brewster, Barnstable County, Massachusetts, 02631 and a mailing address at P.O. Box 443, Barnstable, Barnstable County, Massachusetts 02630, its permitted successors and assigns ("Grantee"), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on the entirety of an approximately 1.38 -acre parcel of land located in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts ("Premises"), which Premises is more particularly described in Exhibit A and shown in the attached sketch plan in Exhibit B, both of which are incorporated herein and attached hereto. II. PURPOSES:. This Conservation Restriction is defined in and authorized by Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purposes of this Conservation Restriction ("Purposes") are to ensure that the Premises will be maintained in perpetuity in its natural, scenic, open condition, and available for passive outdoor recreational use, and to prevent any use or change that would materially impair the Conservation Values (as defined below). The fee interest in the Premises was acquired utilizing, in part, assistance from the Conservation Partnership program which requires, pursuant to Section 2A of Chapter 286 of the Acts of 2014, the conveyance of this Conservation Restriction. 1 WELCH CONSERVATION RESTRICTION Brewster, MA The Conservation Values protected by this Conservation Restriction include the following: • Open Space. The Premises possesses significant open space, natural, aesthetic, ecological, plant and wildlife habitat, soil and water resource quality, watershed, floodplain values of importance to the Grantee, and to the scenic and natural character of the Town of Brewster. Specifically, the Premises will extend an open space corridor along Red Top Road, a Town - designated Scenic Road, that includes over 65 acres of pine -oak forest conserved by the Brewster Conservation Trust (BCT) Dry Hill/Hay Conservation Center land, and about 51 acres of BCT and Town Conservation Commission -owned lands (High Hill Conservation Area and Red Top Forest Trails) to the east. With additional surrounding open space, preservation of the Premises will help link about 116 acres of open space, and the public walking trails they contain. The Premises also contributes to the historic character of the Red Top (and nearby Stonybrook Road) within the Old King's Highway Regional Historic District area in Brewster. The Premises contains an historic trail called "Aunt Thankful's Path." • Soils and Soil Health. The Premises includes Prime Forestland and the soil type is primarily Plymouth -Barnstable -Nantucket complex, hilly, and very boulder, as identified by the USDA Natural Resources Conservation Service. The protection of the Premises will promote healthy soils and healthy soils practices as such terms are defined in Chapter 358 of the Acts of 2020, which added definitions of these terms to Section 7A of Chapter 128 of the Massachusetts General Laws. Wildlife Habitat. The Premises includes areas designated by the MA Division of Fisheries and Wildlife acting by and through its Natural Heritage and Endangered Species Program (NHESP) as "Priority Habitats of Rare and Endangered Species", the protection of which aligns with NHESP's wildlife and habitat protection objectives (section PH 473, priority habitat for rare species).). • Public Access. Public access to the Premises will be allowed for passive outdoor recreation, education and nature study. The Premises will permanently conserve 1.38 -acres of open space which links with already conserved lands and publicly -accessible trails — 65 - acre Dry Hill/Hay Conservation Center trails and the 51 -acre Red Top Forest trails, and contains the historic 1800's "Aunt Thankful's Path" that connected neighbors in the area. • Biodiversity. The Premises includes areas designated as BioMap2 Core Habitat and Critical Natural Landscape (http://rnaps.massgis.state. ma. us/dlfg/biomap2.htm), as defined by the Massachusetts Natural Heritage and Endangered Species Program. BioMap2, published in 2010, was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap2 is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. The Premises ranks highly in biodiversity and potential to mitigate climate change, containing 100% BioMap2 Critical Natural Landscape. 2 WELCH CONSERVATION RESTRICTION Brewster, MA • Climate Change Resiliency. The Premises is identified as an area of Slightly Above Average Terrestrial Resilience according to The Nature Conservancy's (TNC) Resilient Land Mapping Tool. TNC's Resilient Land Mapping Tool was developed in order to map `climate -resilient' sites that are 'more likely to sustain native plants, animals, and natural processes into the future.' The protection of these climate resilient sites is an important step in both reducing human and ecosystem vulnerability to climate change and adapting to changing conditions. • Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster's documented goals regarding conservation of land. In 2020, the Town of Brewster outlined its conservation goal3 in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town's goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. Additionally, the Town of Brewster has adopted a Conservation Restriction Program ("CRP"), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, to encourage the use of conservation restrictions as a means of "preserving open space, forest lands, and natural habitat of fish, wildlife or plants and providing scenic enjoyment, outdoor recreation and education of the public" in perpetuity. The Program further specified that purposes of a conservation restriction could include the following: o preserve important natural habitats; and, o limit or prevent construction on land of natural resource value. This Conservation Restriction therefore aligns well with the Town of Brewster's Conservation Restriction Program. • Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan ("RPP"), amended in 1996, 2002, 2009, 2012, 2018, and 2021 which provided, inter alia (references are to the 2018 RPP amended March 2021): © "To protect, preserve, or restore wildlife and plant habitat to maintain the region's natural diversity" (Wildlife and Plant Habitat Goal, p. 61); • "Maintain existing plant and wildlife populations and species diversity." © "To conserve, preserve, or enhance a network of open space that contributes to the region's natural and community resources and systems" (Open Space Goal, p. 61); • "Protect and preserve natural, cultural, and recreational resources;" • "Maintain or increase the connectivity of open space;" • "Protect or provide open space appropriate to context." 3 WELCH CONSERVATIONRESTRICTION Brewster, MA • Massachusetts Scenic Landscape Inventory. The Premises is identified in the Massachusetts Department of Conservation and Recreation's Scenic Landscape Inventory, identifying landscapes that should be protected to conserve and protect natural, cultural, and recreational resources across the Commonwealth. The Premises is located along a Town -identified Scenic Road. • Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of "conservation purposes" as defined in 26 CFR 1.170A - 14(d)(1), because its conservation would contribute to the preservation of open space located adjacent to several other parcels already conserved - two owned by the Brewster • Historic and Archaeological Resources. Conservation and appropriate management of the Premises has an important public benefit by preserving historic and archeological resources within the Premises. The Premises contains an 1800's historic path that will be opened for public use for the first time in 50 years. HI. PROHIBITED and PERMITTED ACTS AND USES A. Prohibited Acts and Uses The Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: 1. Structures and Improvements. Constructing, placing, or allowing to remain any temporary or permanent structure including without limitation any building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, graveled area, roads, sign, fence, gate, billboard or other advertising, antenna, utilities or other structures, utility pole, tower, solar panel, solar array, conduit, line, septic or wastewater disposal system, storage tank, or dam; 2. Extractive Activities/Uses. Mining, excavating, dredging, withdrawing, or removing soil, loam, peat, gravel, sand, rock, surface water, ground water, or other mineral substance or natural deposit, or otherwise altering the topography of the Premises; 3, Disposal/Storage. Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings, liquid or solid waste or other substance or material whatsoever; 4. Adverse Impacts to Vegetation. Cutting, removing, or destroying trees, shrubs, grasses or other vegetation; 4 WELCH CONSERVATION RESTRICTION Brewster, MA 5. Adverse Impacts to Water, Soil, and Other Features. Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, natural habitat, archaeological conservation, or ecosystem function; 6. Introduction of Invasive Species. Planting or introducing any species identified as invasive by the Massachusetts Invasive Plant Advisory Group or identified as invasive in such recognized inventories as the Massachusetts Introduced Pests Outreach Project, the Northeast Aquatic Nuisance Species Panel, or other such inventories, and any successor list as mutually agreed to by Grantor and Grantee; 7. Motor Vehicles. Using, parking, or storing motorized vehicles, including motorcycles, watercraft, snowmobiles, launching or landing aircraft, or any other motorized vehicles, acknowledging that vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) may have a legal right to enter the Premises; 8. Subdivision. Subdividing or conveying a part or portion of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), it being the Grantor's and Grantee's intention to maintain the entire Premises under unified ownership; 9. Use of Premises for Developing Other Land. Using the Premises towards building or development requirements on this or any other parcel; 10. Adverse Impacts to Stone Walls, Boundary Markers. Disrupting, removing, or destroying stone walls, granite fence posts, or any other boundary markers; 11. Residential or Industrial Uses. Using the Premises for residential or industrial purposes; 12. Inconsistent Uses. Using the Premises for commercial purposes that are inconsistent with the Purposes or that would materially impair the Conservation Values, or for any other uses or activities that are inconsistent with the Purposes or that would materially impair the Conservation Values. B. Permitted Acts and Uses Notwithstanding the Prohibited Acts and Uses described in Paragraph III.A., the Grantor may conduct or permit the following acts and uses on the Premises, provided they do not materially impair the Purposes and/or Conservation Values. In conducting any Permitted Act and Use, Grantor shall minimize impacts to the Conservation Values to ensure any such impairment thereto is not material. 1. Vegetation Management. Maintaining vegetation, including pruning, trimming, cutting, and mowing, and removing brush, all to prevent, control, and manage hazards, 5 WELCH CONSERVATION RESTRICTION Brewster, MA disease, insect or fire damage, and/or in order to maintain the condition of the Premises as documented in the Baseline Report (see Paragraph XV.); 2. Non-native, Nuisance, or Invasive species. Removing non-native, nuisance, or invasive species, interplanting native species, and controlling species in a manner that minimizes damage to surrounding, non -target species and preserves water quality; 3. Composting. Stockpiling and composting stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises; 4. Natural Habitat and Ecosystem Improvement. With prior written approval of the maintain, enhance or restore wildlife, wildlife habitat, ecosystem function, or rare or endangered species including planting native trees, shrubs, and other vegetation; 5. Archaeological Investigations. Conducting archaeological activities, including without limitation archaeological research, surveys, excavation and artifact retrieval, but only in accordance with an archaeological field investigation plan, which plan shall also address restoration following completion of the archaeological investigation, prepared by or on behalf of the Grantor and approved in advance of such activity, in writing, by the Massachusetts Historical Commission State Archaeologist (or appropriate successor official) and by the Grantee. A copy of the results of any such investigation on the Premises is to be provided to the Grantee; 6. Trails. Maintaining and constructing trails as follows: a. Trail Maintenance. Conducting routine maintenance of trails, which may include widening trail corridors up to six (6) feet in width overall, with a treadway up to four (4) feet in width. b. New Trails. With prior written approval of the Grantee, constructing new trails or relocating existing trails, provided that any construction or relocation results in trails that conform with the width limitations above. c. Trail Features. With prior written approval of the Grantee, constructing bog bridging, boardwalks, footbridges, railings, steps, culverts, benching, cribbing, contouring, or other such features, together with the use of motorized equipment to construct such features; 7. Signs. Constructing, installing, maintaining, and replacing signs and informational kiosks with respect to the Permitted Acts and Uses, the Purposes, the Conservation Values, trespass, public access, identity and address of the Grantor, sale of the Premises, the Grantee's interest in the Premises, boundary and trail markings, any gift, grant, or other applicable source of support for the conservation of the Premises; 6 WELCH CONSERVATION RESTRICTION Brewster, MA 8. Motorized Vehicles. Using motorized vehicles by persons with mobility impairments, provided however the manner of such motorized vehicle use is approved in advance by Grantee.; and, 9. Outdoor Passive Recreational and Educational Activities. Hiking, cross-country skiing, snowshoeing, ice-skating, nature observation, nature and educational walks and outings, outdoor educational activities, and other non -motorized outdoor recreational and educational activities. C. Site Restoration substantially to the conditions that existed prior to said activities, including with respect to soil material, grade, and vegetated ground cover. D. Compliance with Permits, Regulations, Laws The exercise of any Permitted Acts and Uses under Paragraph III.B. shall be in compliance with all applicable federal, state and local laws, rules, regulations, zoning, and permits, and with the Constitution of the Commonwealth of Massachusetts. The inclusion of any Reserved Right requiring a permit, license or other approval from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit, license, or other approval should be issued. E. Notice and Approval. 1. Notifying Grantee. Whenever notice to or approval by Grantee is required, Grantor shall notify or request approval from Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question, unless a different time period is specified herein. The notice shall: a. Describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity; b. Describe how the proposed activity complies with the terms and conditions of this Conservation Restriction, and will not materially impair the Purposes and/or Conservation Values; c. Identify all permits, licenses, or approvals required for the proposed activity, and the status of any such permits, licenses, or approvals. d. Describe any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the Purposes and Conservation Values. 2. Grantee Review. Where Grantee's approval is required, Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor's request. Grantee's approval shall only be granted upon a showing that the proposed activity will minimize 7 WELCH CONSERVATION RESTRICTION Brewster, MA impacts to the Conservation Values and will not materially impair the Purposes and/or Conservation Values. Grantee may require Grantor to secure expert review and evaluation of a proposed activity by a mutually agreed upon party. 3. Resubmittal. Grantee's failure to respond within sixty (60) days of receipt shall not constitute approval of the request. Grantor may subsequently submit the same or a similar request for approval. IV. INSPECTION AND ENFORCEMENT A. Entry onto the Premises The Grantor hereby grants to the Grantee, and its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction. B. Legal and Injunctive Relief. 1. Enforcement. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain compensatory relief, and equitable relief against any violations, including, without limitation, injunctive relief and relief requiring restoration of the Premises to its condition prior to the time of the injury (it being agreed that the Grantee will have no adequate remedy at law in case of an injunction). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. 2. Notice and Cure. In the event the Grantee determines that a violation of this Conservation Restriction has occurred and intends to exercise any of the rights described herein, the Grantee shall, before exercising any such rights, notify the Grantor in writing of the violation. The Grantor shall have thirty (30) days from receipt of the written notice to halt the violation and remedy any damage caused by it, after which time Grantee may take further action, including instituting legal proceedings and entering the Premises to take reasonable measures to remedy, abate or correct such violation, without further notice. Provided, however, that this requirement of deferment of action for thirty (30) days applies only if Grantor immediately ceases the violation and Grantee determines that there is no ongoing violation. In instances where a violation may also constitute a violation of local, state, or federal law, the Grantee may notify the proper authorities of such violation. 3. Reimbursement of Costs and Expenses of Enforcement. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including counsel fees) incurred by the Grantee in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a 8 WELCH CONSERVATION RESTRICTION Brewster, At survey by a Massachusetts licensed professional land surveyor and to have the boundaries permanently marked. C. Non -Waiver. Enforcement of the terms of this Conservation Restriction shall be at the sole discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. D. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. E. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from natural causes beyond the Grantor's control, including but not limited to fire, flood, weather, climate -related impacts, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible. V. PUBLIC ACCESS The Grantor grants access to the Premises to the general public and agrees to take no action to prohibit or discourage access to and use of the Premises by the general public, but only for daytime use and only as described in Paragraph III.B.8 and 9 provided that such agreement by Grantor is subject to the Grantor's reserved right to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the general public for the protection of the Purposes and Conservation Values. Grantor has the right to control, limit, or prohibit by posting and other reasonable means activities or uses of the Premises not authorized in Paragraph III.B.8 and 9. The Grantor's right to grant public access across the Premises is subject to the restrictions described in this Conservation Restriction. The Grantee may require the Grantor to post the Premises against any use by the public that results in material impairment of the Conservation Values. Any public use which is permitted by the terms of this Conservation Restriction constitutes permission to use the Premises for the purposes described in Section 17C of Chapter 21 of the Massachusetts General Laws and the Grantor and Grantee hereto benefit from exculpation from liability to the extent provided in such section. 9 WELCH CONSERVATION RESTRICTION Brewster, MA VI. TERMINATION/RELEASE/EXTINGUISHMENT A. Procedure If circumstances arise in the future that render the Purposes impossible to accomplish, this Conservation Restriction can only be terminated, released, or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, or successor official ("Secretary"), and any other approvals as may be required by Section 32 of Chapter 184 of the Massachusetts General Laws. If any change in conditions ever gives rise to termination, release, or extinguishment of this Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph VI.C., subject, however, to any applicable law which expressly provides for a different disposition of the proceeds, and after complying with the terms of any gift, grant, or funding requirements. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values. C. Grantee's Receipt of Property Right Grantor and Grantee agree that the conveyance of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, for the purpose of enforcing this Conservation Restriction, but does not entitle Grantee, upon extinguishment, release, or termination, to any proceeds received by the Grantor from the subsequent sale, exchange or involuntary conversion of the Premises. Any proceeds that result from any such extinguishment, release, or termination will be distributed only after complying with the terms of any gift, grant, or other funding requirements. D. Cooperation Regarding Public Action Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph VI.B. and Paragraph VI.C. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of any proceeds in a manner consistent with the Purposes or the protection of the Conservation Values. 10 WELCH CONSERVATION RESTRICTION Brewster, MA VII. DURATION and ASSIGNABILITY A. Running of the Burden The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restnietion. The Crater, en beh ' of itself and it successors and assigns, appoints the Grantee its attorney -in -fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except when all of the following conditions are met: 1. the Grantee requires that the Purposes continue to be carried out; 2. the assignee is not an owner of the fee in the Premises; 3. the assignee, at the time of the assignment, qualifies under and 26.U.S.C. 170(h), and applicable regulations thereunder, if applicable, and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws; and 4. the assignment complies with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VIII. SUBSEQUENT TRANSFERS A. Procedure for Transfer The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the effective date of such transfer. Any transfers shall receive prior approval by Grantee to assure that the Premises is transferred to a qualified conservation organization. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. If the Grantor fails to reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, then the Grantee may record, in the applicable registry of deeds, or registered in the applicable land court registry district, and at the Grantor's expense, a notice of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. 11 WELCH CONSERVATION RESTRICTION Brewster, MA B. Grantor's Liability The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. IX. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the or non-compliance with any obligation of the Grantor contained in this Conservation Restriction. X. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction following the terms set forth in Paragraph VII.0 to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non -fee owner. XL AMENDMENT A. Limitations on Amendment Grantor and Grantee may amend this Conservation Restriction only to correct an error or oversight, clarify an ambiguity, maintain or enhance the overall protection of the Conservation Values, or add real property to the Premises, provided that no amendment shall: 1. affect this Conservation Restriction's perpetual duration; 2, be inconsistent with or materially impair the Purposes; 3. affect the qualification of this Conservation Restriction as a "qualified conservation contribution" or "interest in land" under any applicable laws, including 26 U.S.C. Section 170(h), and related regulations; 4. affect the status of Grantee as a "qualified organization" or "eligible donee" under any applicable laws, including 26 U.S.C. Section 170(h) and related regulations, and Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws; or 5. create an impermissible private benefit or private inurement in violation of federal tax law, as determined by an appraisal, conducted by an appraiser selected by the Grantee, of the economic impact of the proposed amendment; or 6. alter or remove the provisions described in Paragraph VI (Termination/ Release/Extinguishment); or 7, cause the provisions of this Paragraph XI to be less restrictive; or 12 WELCH CONSERVATION RESTRICTION Brewster, MA 8. cause the provisions described in Paragraph VII.0 (Running of the Benefit) to be less restrictive B. Amendment Approvals and Recording No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor, approved by the Town of Brewster and by the Secretary in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, and recorded in the applicable registry of deeds or registered in the applicable land court registry district. XII. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in the applicable registry of deeds or registered in the applicable land court registry district. XIII. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre -paid, addressed as follows: To Grantor: To Grantee: Brewster Conservation Trust 36 Red Top Road Brewster, MA 02631 The Compact of Cape Cod Conservation Trusts, Inc. P.O. Box 443 Barnstable, MA 02630 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIV. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. 13 WELCH CONSERVATION RESTRICTION Brewster, MA B. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in order to effect the Purposes and the policy and purposes of Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the Purposes that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Restriction shall not be affected thereby. D. Entire Agreement This instrument sets forth the entire agreement of the Grantor and Grantee with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Restriction, all of which are merged herein. XV. BASELINE DOCUMENTATION REPORT The Conservation Values, as well as the natural features, current uses of, and existing improvements on the Premises, such as, but not limited to, trails, woods roads, structures, meadows or other cleared areas, agricultural areas, and scenic views, as applicable, are described in a Baseline Documentation Report ("Baseline Report") prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and referenced herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury Regulations, (iii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein, and (iv) may be supplemented as conditions on the Premise change as allowed over time. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant in addition to the Baseline Report. XVI. MISCELLANEOUS A. Pre-existing Public Rights Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary, is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. 14 WELCH CONSERVATION RESTRICTION Brewster, MA B. No Surety Interest The Grantor attests that there is no mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. B. Executory Limitation If Grantee shall cease to exist or to be qualified to hold conservation restrictions pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws, or to be qualified organization under 26 U.S.C. 170(h3, and applicable regulations thereunder, if applicable, and a prior assignment is not made pursuant to Paragraph VII, then Grantee's rights and obligations under this Conservation Restriction shall vest in such organization as a court of competent jurisdiction shall direct pursuant to the applicable Massachusetts law and with due regard to the requirements for an assignment pursuant to Paragraph VII. C. Prior Encumbrances This Conservation Restriction shall be in addition to and not in substitution of any other restrictions or easements of record affecting the Premises. D. The following signature pages are included in this Grant: Grantor: Brewster Conservation Trust Grantee Acceptance: The Compact of Cape Cod Conservation Trusts, Inc. Approval of Town of Brewster Select Board Approval of the Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts. E. The following exhibits are attached and incorporated herein: Exhibit A: Legal Description of Premises Exhibit B: Sketch Plan of Premises 15 WELCH CONSERVATION RESTRICTION Brewster, MA At a meeting duly held on (C` ' 2022, the Brewster Conservation Trust voted to grant the foregoing Conservation Restriction to The Compact of Cape Cod Conservation Trusts, Inc. and hereby grant the foregoing Conservation Restriction. Grantor: TRUSTEES OF THE BREWSTER CONSERVATION TRUST Martin Kamarek, " ustee/President W. Sot$, tee Joseph Biernat, Trustee Amy Ches*ut, Trrstee Beth Finch, Trustee Debra Johnson, Trustee Peter JohnsY4, Trustee Donald Keeran, Trustee John amb, Trustee i _eiji lms Tr ustee rustee s Stephen Mc - a, Trustee gialtu-te Bonnie Newman, Trustee Roger O'I y, Trustee 16 Charles L. Suummner,'Trustee 4C Rosemary an Antwerp, Trustee WELCH CONSERVATION RESTRICTION Brewster, MA COMMONWEALTH OF MASSACHUSETTS Barnstable, ss 2022 Then personally appeared the above named Trustees of the Brewster Conservation Trust, the Trust named in the forgoing instrument, and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the persons whose names are signed on the document and acknowledged they are duly authorized to act on behalf of said Trust, and acknowledged to me that they signed the foregoing instrument voluntarily for its stated purpose. N 8.204, * w, 7 �* •�f�iM� '1O rdµNoN ar , Robinson, No ary Public My ommission expires: 8 July 2027 %Y 1 of ri ", / �Any (4e5 -n o+ - Mrrr//+S frviarvt o,, V NA (Al' uli' Ck.vv-4i•S��^ 17 WELCH CONSERVATION RESTRICTION Brewster, MA ACCEPTANCE OF GRANT This Conservation Restriction from the Brewster Conservation Trust was accepted by The Compact of Cape Cod Conservation Trusts, Inc. this i, f"`' day of , 2023. WITNESS our hands and seals this /7 day of Ja t (/d4 , 2023, 4eoi ar duly authorized Leonard W. Johnson, ► • sident The Fompact of Cape Cod Conservation Trusts, Inc. Henry Lind, "measurer The Compact of Cape Cod Conservation Trusts, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this _ l% day of ,) 411/IL-JAI public, personally appeared Le d p , p y W. Johnson, President, The Compact of Cape Cod Conservation Trusts, Inc. and Henry Lind, Treasurer, The Compact of Cape Cod Conservation Trusts, Inc., and proved to me through satisfactory evidence of identification, which was personal knowledge of identity, to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that s/he signed it voluntarily for its stated purpose on behalf of the corporation. , 2023, before me, the undersigned notary Mar /H. Robinson, Notary Public My/Commission Expires: 8 July 2027 18 WELCH CONSERVATION RESTRICTION Brewster, MA APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on , 2023, the Select Board voted to approve the foregoing Conservation Restriction from the Brewster Conservation Trust to The Compact of Cape Cod Conservation Trusts, Inc., in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. TOWN OF BREWSTER SELECT BOARD: Cynthia Bingham David Whitney, Chair Mary Chafee Ned Chatelain Kan Hoffman COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of 2023, before me, the undersigned notary public, personally appeared, members of the Brewster Select Board, and proved to me through satisfactory evidence of identification which was to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 19 WELCH CONSERVATION RESTRICTION Brewster, MA APPROVAL OF SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS OF THE COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from the Brewster Conservation Trust to The Compact of Cape Cod. Conservation Trusts, Inc. has been approved in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. Rebecca Tepper Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2022, before me, the undersigned notary public, personally appeared Rebecca Tepper and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 20 WELCH CONSERVATION RESTRICTION Brewster, MA EXHIBIT A Description of Premises The Premises subject to this Conservation Restriction is the entirety of one parcel of registered land located in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, containing a total of 1.38 acres, more or less, shown as lot "9" on a plan of land entitled Plan 42106-A (Sheet 2), "Plan of Land in Brewster, Schofield Brothers, Inc.," dated March 31, 1987, prepared by Louis A. Moore, Engineer for Court, said plan recorded at the Barnstable County Registry of Deeds (Plan 42106A, Sheet 2), a sketch of which is attached hereto as Exhibit B. Street Address: 0 Red Top Road, Brewster, MA 02631 21 WELCH CONSERVATION RESTRICTION Brewster, MA EXHIBIT B Sketch Plan of Premises For official full size plan see Barnstable County Registry of Deeds Land Court Plan 42106-A (Sheet 2) 42/06 A 'NA Donald 6. Sara/ N:J Robarl H Dube $ u • f5•6fs.l'E t\-1105 qF CA I1 97 % 1 A 8th crz A, 0• 1) Soola of /MJ olan /50 fell /a an fnrb_ 22 WELCH CONSERVATION RESTRICTION Brewster, MA 18 APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ___________, 2023, the Select Board voted to approve the foregoing Conservation Restriction from the Brewster Conservation Trust to The Compact of Cape Cod Conservation Trusts, Inc., in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. TOWN OF BREWSTER SELECT BOARD: David Whitney, Chair Cynthia Bingham Mary Chaffee Edward Chatelain Kari Hoffmann COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of 2023, before me, the undersigned notary public, personally appeared, ____________________________________________________________ _____________________________________________________________________________, members of the Brewster Select Board, and proved to me through satisfactory evidence of identification which was ______________________________ to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: 29 July 2022 David Whitney, Chair Select Board Town of Brewster 2198 Main Street Brewster, MA 02631 RE: Select Board Approval of the proposed conservation restriction (CR) on a 1.38 -acre parcel, 0 Red Top Road) Dear Mr. Whitney, On behalf of the Brewster Conservation Trust, I respectfully request that the Brewster Select Board vote to approve the attached CR pursuant to M.G.L. 184, ss. 31-33. The CR has been previously reviewed by the State EOEEA officials and will be sent to them for final approval after the Select Board's approval. BCT was able to purchase this 1.38-acre parcel, located on Red Top Road with the help of a Conservation Partnership grant, given its conservation value. However, I think you will find that the premises are important to conserve for multiple reasons. Including that it is 100% within state BioMap2 Core and Critical Natural Landscape Habitats, and in the vicinity of approximately 116 acres of Brewster Conservation Trust and Town of Brewster-owned open space. The Premises also includes a historic path (“Aunt Thankful’s Path”) and is located on a town-designated Scenic Road. Upon final approval of the CR by the Town and the State, The Compact of Cape Cod Conservation Trusts, Inc. will then be granted the CR by the Brewster Conservation Trust (Grantor) to preserve this land in perpetuity. This will maintain a significant tract of open space in West Brewster. The Town of Brewster Conservation Commission voted unanimously in support of this CR at its regular meeting on 26 July 2022. I have attached a letter from Noelle Aguiar, Conservation Administrator for your reference. Thank you in advance and please let me know if you have any questions. Sincerely, Amy Henderson Executive Director Cc: Peter Lombardi TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION July 28, 2022 Brewster Conservation Trust 36 Red Top Road Brewster, MA 02631 RE: Letter of Support for Conservation Restriction Locus: 0 Red Top Road Assessors Map 14, Parcel 16 (formerly Map 37, Parcel 17-9) To Whom it May Concern, The proposed Conservation Restriction for the property noted above was reviewed by the Brewster Conservation Commission at its regularly-scheduled meeting on July 26, 2022. The Commission voted unanimously to support this Conservation Restriction as written for the property at 0 Red Top Road. If you have any questions, or if you need additional information, please do not hesitate to contact the Conservation Department at the number listed above. Sincerely, Noelle Aguiar, Conservation Administrator WELCH CONSERVATION RESTRICTION Brewster, MA APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the elect Board of the Town of Brewster, hereby certify that at a public meeting duly held on , 2022, the Select Board voted to approve the foregoing Conservation Restriction f m the Brewster Conservation Trust to The Compact of Cape Cod Conservation Trusts, Inc., in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws. TOWN OF BREWSTER SELECT BOARD: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this \ day of t 2022, before me, the undersigned notary public, personally appeared, Q v►G� L�lr� � ne t � � x'Gi, %ha l can, oKo.26, A-Vacc ,r.ist_ rny'N tivA members of the Brewster Select Board, and proved to me through satisfactory evidence of identification which was r 'Oloul'd to be the persons whose names are signed on the proceeding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commiss' 19 COLETTE WIL LAMS JUSTICE OF THE PEACE Commonwealth of Massachusetts My Commission Expires May 11, 2.23 APPLICATION FOR FACILITY USE BREWSTER BOARD OF SELECTMEN 2198 MAIN STREET, BREWSTER, MA 02631 All requests must be made at least two (2) weeks in advance of the desired use date. For more information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or mailed to the address above, or faxed back to 508-896-8089. ORGANIZATION OR GROUP; Suzy Beck and Jonathan Fambrough LOCAL SPONSORING ORGANIZATION: The Friends of Crosby Mansion AREA OR FACILITIES NEEDED: Beach near Friends of Crosby Mansion Cottage DATE OR DATES REQUESTED: September 16, 2023 TIME IN: 4:00pm TIME OUT: 6:0opm (INCLUDING PREPARATION & DISMANTLING) PURPOSE OF FACILITY USE: Wedding Ceremony on the Brewster Flats NATURE OF ACTIVITY TO TAKE PLACE: Low Key wedding ceremony on the Brewster Flats during low tide. Very little infrastructure, all can be carried out by hand at the time of the ceremony and back in immediately following. WILL ADMISSION FEE BE CHARGED? YES NO x AMOUNT NON-PROFIT ORGANIZATION: YES NO x IRS # TOTAL NUMBER OF PERSONS EXPECTED so MAXIMUM PEOPLE EXPECTED AT ONE TIME: so ANY SPECIAL EQUIPMENT NEEDED?: No PERSON RESPONSIBLE FOR THE OBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME; Jonathan Fambrough MAILING ADDRESS: TELEPHONE NUMBER; I have read the regulations and understand them with the acknowledgement that any additional expenses incurred will be paid by my organization and that any violation may jeopardize continue use of the building. Signature: Telephone: Page 6 of 7 8/13/13 Cros``F_ sio P.O. Box 1888 163 Crosby Lane Brewster, MA 02631 508-896-1744 rarcher@brews ter -ma. gov www.CrosbyMansion.com Richard Archer — Events Manager Town of Brewster Facility Use Request: Beach: This will be the second request for a Beach Ceremony. The Couple's first choice was not possible due to it being Labor Day weekend. Name: Beck/Fambrough Occasion: Wedding Date requested: Saturday September 16, 2023 Time: Just prior to Sunset at low Tide. Length of Ceremony: 20 minutes Number of guests: 80 Logistics: This would be a low key, quiet ceremony (perhaps some brief cheering when the nuptials are complete). Guests would walk from Crosby Mansion through the grass lot and out to the beach via the Crosby Path. There will be a minimum footprint on the flats with people gathering in bare feet. There will be little physical decoration, possibly two bamboo poles adorned with flowers to frame the Wedding couple. One attendant will have a small camera, possibly a high -end cell phone to capture the ceremony. One or two chairs for a disabled parent to sit in. They will be wheeled out in a manual beach cart, like the ones the shell fishermen use to haul their catch. The bride would like to have her friend play some light, low key mandolin after the nuptials to usher guests back to the Mansion for the Dinner. This would be a couple minutes of playing as guests head off the beach. PARKING would take place in the Lower Grass Overflow Parking lot and should not impede any beach goers post Labor Day. Other Details: There is a $50 fee for use of the beach during this time. Your feedback and comments are appreciated. Applicant was advised that bon fires are not permitted on Crosby Beach. MAP (attached) - The "Beck Wedding Crosby Rental" map shows the proposed Ceremony site. Conclusion: This nicely ties the Mansion Reception, Grass Parking Lot, and Beach Ceremony access all together. Community impact: 99% of the Wedding guests have NEVER been to the Cape and therefore Brewster. I've been told many of them will be staying in Brewster Inns and Airbnb. Guests will be arriving Thursday and Friday and be staying through at least Sunday. Certainly, Brewster restaurants and retail will be well supported by this group. Thank you for your consideration. Warm regards, Richard Archer Crosby Mansion Properties Manager racher@brewster-ma.gov www.CrosbyMansion.com TOWN OF BREWSTER 2298 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-9430 WWW.BREWSTERRECREATION.COM WWW.TOWN.BREWSTER.MA.US OFFICE OF RECREATION COMMISSION TOWN OF BREWSTER 2298 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-9430 WWW.BREWSTERRECREATION.COM WWW.TOWN.BREWSTER.MA.US OFFICE OF RECREATION COMMISSION Memo To: Brewster Select Board From: Mike Gradone, Director of Recreation Date: February 6th, 2023 RE: 2023 surplus items The Recreation Department would like to declare the following as surplus items: 30 softball jerseys 20 portable radios 2 sunfish sails with masts Portable inflation machine, used for inflatables 20 baseball bats These items have little to no value as they do not work anymore or are in terrible shape. There is no reason to post them on govdeals.com. Please let me know if it is OK to dispose of these items. Respectfully, Mike Gradone Recreation Director Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board office FROM: James Jones DPW Foreman RE: Disposal of Surplus Item/Fee waiver DATE: February 7th. 2023 The DPW is seeking permission to dispose of a Co2/Methane monitor, condition and age unknown. We did surplus this item for auction but received no bids. Thank you for your consideration. James Jones Brewster DPW Foreman 508-896-3212 Office of: Department of Public Works Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Board of Selectmen Town Administrator POLICY NO. 17 POLICY AND PROCEDURES FOR THE RENTAL OF TOWN FACILITIES BY NON TOWN SPONSORED GROUPS, PRIVATE INDIVIDUALS AND BUSINESSES 1. Use of Town owned buildings, grounds, property or equipment located thereon (hereafter referred to as facilities) shall be engaged through the Office of the Selectmen/Town Administrator, using the application form attached hereto and referred to as Attachment A.. The Town Administrator or the Assistant Town Administrator shall oversee the rental of Town facilities. The Town facility or portion of said Town facility to be rented shall be described on the request for rental. Completed applications for use of facilities shall be submitted a minimum of 14 days (two weeks) or no greater than twelve (12) months prior to the date desired for the use or event. Applications seeking waivers from fees, requirements, insurance or other conditions shall be referred to the Board of Selectmen for approval. Approval to use a portion of a facility does not imply permission to use any other portion of the facility or any equipment on the premises unless specifically stated. The applicant organization is responsible for containing all of its members and related persons within the areas assigned, leaving the facilities in the condition in which they were found, and for payment of any related fees or charges. 2. The Town of Brewster assumes no liability for injuries to persons who are on Town premises or for damage to any equipment or property. The holder of a permit to use Town facilities agrees to accept all equipment and property and waives any and all claims against the Town of Brewster, its officials, employees and/or agents for any injury, accident, illness, expense or claim of damage of any kind, whether to persons or to property which may occur as a result of the use of Town facilities by said holder or by others with or without the permit holder's express, implied or apparent authority. 3. The holder of a permit further agrees to assume all liability and to indemnify and hold harmless the Town of Brewster, its officials, employees and/or agents for any and all claims. The applicant shall be responsible for any damage to Town property and/or equipment within the rented facility by themselves, their clients and/or patrons. The holder of the permit, at all times during the exercise of its rights there under, shall have in effect an insurance policy or binder, insuring the holder and the Town of Brewster, in the amount of five hundred thousand ($500,000) dollars per claim, against all above mentioned claims, liabilities, and expenses, including those caused or contributed to by the condition of the facility. The applicant shall provide a valid insurance policy and/or binder with their application for facility use. 4. The Town Administrator or the Assistant Town Administrator shall authorize the use of Town facilities by any organization provided the use would either provide a benefit, nor be a detriment to the Page 1 of 7 8/13/13 Town of Brewster. A denial of use by the Town Administrator or the Assistant Town Administrator may be appealed to the Board of Selectmen. 5.A fee for facility use will be charged to all groups not directly related to the Town, to defray the cost of cleaning maintenance, utilities, supplies and heating as applicable. The Town Administrator may waive facility use fees for non-profit or charitable groups, with a 501C designation, that benefit Brewster residents indirectly. The present fee schedule, which has been approved by the Board of Selectmen, is attached hereto and may be revised by the Board from time to time. A denial by the Town Administrator or the Assistant Town Administrator may be appealed to the Board of Selectmen. Regulations and fees are subject to change by action of the Brewster Board of Selectmen. Attached fee schedule may be adjusted to accommodate extenuating circumstances via the authority of the Board of Selectmen. Requests for special consideration should be submitted to the Town Administrator, who will take the request to the Board of Selectmen. 6.A bank or certified check made payable to the Town of Brewster must accompany the application. Rental requests for Town properties may be made up to twelve (12) months in advance of the date requested for rental. Rental requests exceeding a value of $75 shall be accompanied by a ten percent (10%) retainer fee to reserve the date. All requests shall be processed in the order in which they are received (first-come-first-served). The balance of all fees due to the Town shall be made to the Town of Brewster within 45 business days prior to the rental date. Failure to pay the fee balance shall void the requested rental. Payments may be made in cash, by certified bank check or money order. Applications with no special conditions or waiver requests, adhering to all rules and conditions outlined in these Town policies, may be approved by Administrative staff upon payment in full of use fees. 7.Safety & Security: An applicant or sponsor of the proposed event must contact the Police and Fire /Emergency Departments in advance of submitting an application for use to determine whether there is a need for traffic control and/or security supervision at the proposed event. All required security or supervision will be paid for by the organization using the facilities. Application forms require signature from Brewster Police and Brewster Fire/Rescue Department personnel verifying whether a public safety detail is required in order to be considered complete. Fees for Police, Fire or Emergency supervision details are set by the Police or Fire/Emergency Departments and are due to the same. The Board of Selectmen reserves the right to require public safety supervision. 8.Parking: If the proposed event will require parking in excess of the number of spaces located on the property, the applicant must consult with the Police Chief of the Town of Brewster and provide supplemental information to the Town Administrator or Board of Selectmen as to where off-premise parking will be provided and how pedestrian safety and vehicular circulation will be addressed. If parking is proposed for unpaved areas which are not specifically designated for parking, the applicant must indicate where parking is proposed. 9.Music/Noise: The Town of Brewster has a noise bylaw (Chapter 125 of the Code of the Town of Brewster) which states that excessive noise that is audible at a distance of one hundred fifty (150) feet from its source shall be punishable by a fine of up to fifty dollars ($50). Users of Town facilities are subject to this bylaw and the sponsoring agency or group shall be held responsible for ensuring compliance. In accordance with the provisions of MGL Chapter 136, if live or amplified music or Page 2 of 7 8/13/13 performance theatre or dance is proposed, an entertainment license is required. Separate application shall be made to the Board of Selectmen if an entertainment license is required. 10. lighting: Any proposed temporary outdoor lighting must be indicated. In order to be approved, temporary lighting must not be excessively bright or shine onto areas that are not part of the facility being used, The Town reserves the right to require official inspections, at the applicant's expense, of any portable generators and/or temporary electrical or power service proposed on Town premises. 11. Trash and Waste: All trash and/or waste materials must be properly disposed of. If inadequate containers or receptacles are available on site, it shall be the responsibility of the applicant to remove any and all trash from the site. If advance notice is provided at the time of application regarding the need for additional containers or receptacles, applicants may arrange for trash and waste removal services through the Town's existing contracts or arrangements. Applicants will be charged for the clean-up and removal of trash which has not been properly disposed of or has been left on the premises, 12. Toilet facilities: If the Town has provided toilet facilities, applicants shall be responsible for ensuring that his/her/their guests or agents use (and do not abuse) these facilities. If no toilet services are provided on the site by the Town and the application for use exceeds 4 hours, the applicant may be required to provide toilet facilities at their own cost. A determination shall be made by the Town regarding the need for toilet facilities or additional facilities at the time of application. Applicants may arrange for provision of these services through the Town's existing contracts or arrangements. 13. Smoking: Smoking is not permitted in or on Town facilities. 14. Fires: Open fires are not permitted on Town Property. Contained fires for cooking shall require approval from both the Board of Health and the Fire Department. 15. Food and Beverages: No food or beverages may be served or consumed in Town Facilities other than in designated kitchen and cafeteria areas equipped for food preparation and eating. Food Service permits from the Board of Health are required to serve food and/or beverages. If food is to be served out of doors on Town property, type of food and location of the kitchen where the food is to be prepared must be specified. Alcoholic beverages are prohibited in Town facilities and on Town property_ 16. Kitchen Use: The sponsoring organization shall leave any kitchen or cafeteria equipment and premises clean and in the same condition as before the event. Adopted,,,bn the Brewster Boar of Selectmen this 13th day of August 2013 1 J n)es W. Fol /27 Peter G. Norton Vice -Chairman Benjamin deRuyter ((?/44 - Pat icia Hughes, Clerk Page 3 of 7 8/13/13 BASE FEES FOR Weekday Weekend Day Weekend Evening Week Day Evening three (3) hours (add custodial fee) (add custodial fee) (add custodial fee Town Office Building Meeting Room A, B or C $50.00 $75.00 $150.00 $50.00 Rooms A & B (combined) $150.00 $225.00 $450.00 $100.00 Ball Field (Non-Sport Events)$100.00 $100.00 N/A N/A Council On Aging Building Front Lawn $50.00 $250.00 N/A N/A Meeting Room $35.00 $100.00 $200.00 $50.00 Kitchen $35.00 $50.00 $75.00 $50.00 Captains Golf Course Pavilion Meeting Room $75.00 $350.00 $350.00 $100.00 Water Facility Meeting Room $35.00 N/A N/A $35.00 Drummer Boy Property Fields $300.00 $400.00 N/A N/A Playground $35.00 $50.00 N/A N/A Electrical Service $50.00 $50.00 $50.00 $50.00 (+any utility charges above and beyond) Gazebo/Bandstand Sept. – March $100.00 $100.00 N/A N/A April – August $200.00 $200.00 N/A N/A Public Beach $25.00 $50.00 N/A N/A (groups over 20, daylight hours after Labor Day Weekend and before Memorial Day Weekend, ONLY. For Construction Access at beaches, see Selectmen’s Construction Access Permit Process) Use of the Freeman’s Way Ball Fields and the Tennis Courts on Underpass Road may be scheduled via application to the Recreation Commission. Please call 508-896-9430 or visit the Town’s web site at www.town.brewster.ma.us for fees and forms. Use of the Crosby Mansion may be scheduled via the Crosby Property Manager. Please call 508-896- 1744 or visit the website at http://www.crosbymansion.com/. Rental of the Crosby Cottages is also handled by the Crosby Property Manager. Please call 508-896-1744. Custodial fees --- Shall apply to any events scheduled during hours which would not normally be staffed by Town Personnel. Custodial fees will be figured based on the pay rate of the least-paid individual available assigned to open, attend, supervise or lock-up a facility. Hourly rates will be 1.5 times the individual’s regular hourly rate for the hours required, or a minimum of 3 hours, whichever is greater. Custodial fees will not be charged for events taking place in public facilities which are already scheduled to be open and occupied during the times of the proposed event(s). Page 4 of 7 8/13/13 Deposits ---Depending on the potential for damage posed by the nature of the activity proposed, the Board may require the User(s) of the facility to leave with the Town a returnable cash damage deposit equivalent to any insurance deductible which would apply. A paper receipt shall be provided in return for any deposit left with the Town. Deposits shall be returned to the Facility User(s) unless damage in excess of normally anticipated wear and tear is incurred, which requires repair, maintenance or replacement beyond that which would typically be expected. Date Approved: 11/15/93 Amended: 8/25/97, 7/1/02, 9/15/03, 2/7/05, 1/10/11, 8/12/13 Page 5 of 7 8/13/13 Mass Audubon Brewster Recreation Long Pond, Town landing June 3rd & 4th 9am 5pm Kayak trip to old CCSC pond property Kayak/canoe trip x TBD 25 12 kayaks and life jackets NA 2298 Main St Brewster, MA 02631 508-896-9430 Mike Gradone 508-896-9430 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 1/27/2023 License # 1780862 (781) 792-3243 18058 Mass Audubon Society, Inc. 208 South Great Road Lincoln, MA 01773-4816 A 1,000,000 PHPK2435508 7/1/2022 7/1/2023 1,000,000 20,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000A PHPK2435513 7/1/2022 7/1/2023 10,000,000A PHUB822594 7/1/2022 7/1/2023 10,000,000 B WC 000254-23 1/1/2023 1/1/2024 1,000,000 N 1,000,000 1,000,000 Kayaking programs run by Mass Audubon with Brewster Recreation Department. Programs set to run June 4 - June 5, 2023 at this time. Town of Brewster Recreation Department Michael Gradone - Recreation Director 2298 Main Street Brewster, MA 02631 MASSAUD-01 CWOODSIDE HUB International New England 600 Longwater Drive Norwell, MA 02061-9146 Patricia Condon patricia.condon@hubinternational.com Philadelphia Indemnity Insurance Company Independent Schools Compensation Corp. X X X X X X X X X Brewster Recycling Commission 1 Margretta Morris, Brewster Recycling Commission Chair Dec. 19, 2022 The Problem of Nip Bottles in Roadside Trash: Policy Options for the Town of Brewster to Consider Brewster Recycling Commission 2 About Nips Nip Bottles: Single-use, miniature alcoholic spirits bottles Usually plastic & less than 100 milliliters Why are nips popular? Offer quick infusion of alcohol Used to drink illegally while driving; can be easily discarded from vehicle to avoid having evidence in vehicle if stopped by law enforcement Can be smuggled into bars/other facilities to avoid paying for drinks Due to markup, offer sellers good revenue stream Market W atch, Nov. 5, 2020 Brewster Recycling Commission 3 Problems Related to Nips’ Use 1. Litter from discarded nips; “a littering epidemic” 2. Nips are not recyclable; become solid waste 3. Public health/safety issues when drivers drink nips while operating a motor vehicle, putting themselves & others at risk of harm* Portland Press Herald Marthas Vineyard Times Nip Bottle Sales W isconsin Public Radio Litter Potential/Actual Risk of Operating While Impaired *A significant problem but not within the purview of the Recycling Commission Brewster Recycling Commission 4 Does Brewster Have a Nip Bottle Problem? Beautify Brewster (Apr. 15, 2021) Beautify Brewster Nip Bottle Data YEAR # NIPS COLLECTED NOTES 2019 ~1,000 2020 n/a No event due to pandemic 2021 3,376 2 years’ worth of nips since no collection previous year Estimate ~1,680 for 2020 & ~1,680 for 2021 2022 2,767 Brewster Recycling Commission 5 Actions to Ban Nips in Other Mass. Municipalities MUNICIPALITY ACTION TO BAN NIPS EFFECTIVE DATE Chelsea Ban by licensing authority (City’s Licensing Commission)Oct. 2018 Mashpee Ban by licensing authority (Selectmen)July 2021 Falmouth Ban by Town Meeting (bylaw)Oct. 2021 Wareham Ban by Town Meeting (bylaw)May 2022 Newton Ban by licensing authority (City’s Licensing Commission June 2022 Nantucket Ban by Town Meeting (bylaw)Jan. 1, 2023 Brewster Recycling Commission 6 Policy Option 1: Licensing Authority Action OPTION 1: Municipal Liquor Licensing Authority can ban sale of nips This option was used by Mashpee, Newton & Chelsea Liquor licensing authority in Brewster is the Select Board For example, City of Newton liquor regulations now state: Brewster Recycling Commission 7 Policy Option 2: Town Meeting Bylaw OPTION 2: Town meeting may pass a warrant article banning the sale of nips in Brewster This option was used by Falmouth, Wareham & Nantucket Mass. Attorney General approved Falmouth warrant article; concluded it is not in conflict with state law (April 2021) For example, Falmouth Town Code now states: Brewster Recycling Commission 8 Policy Option 2: Falmouth’s Warrant Article EXPLANATION (excerpt): This article proposes a bylaw to ban the sale of so-called “nip” bottles. There are compelling reasons to support such a ban given the proliferation of nip bottles found along roadsides and throughout Town. ARTICLE 34: To see if the Town will vote to adopt the following ban on the sale of miniature single use containers for alcoholic beverages as a general by-law and to insert into the Code of the Town of Falmouth, Massachusetts as Chapter 79-4: "The sale of alcoholic beverages in containers less than or equal to 100 milliliters is prohibited within the Town of Falmouth." Effective: January 1, 2021. (Citizen’s petition) Brewster Recycling Commission 9 Recycling Commission Recommendation The Brewster Recycling Commission Recommends: Policy Option 2: 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 Recycling Commission can forward a draft article or the Select Board could submit the article. This timeline would provide the Town Administration/Recycling Commission sufficient time to inform/educate local alcohol retail establishments about the proposed change. (8 retail businesses would be affected if policy is adopted) Brewster Recycling Commission 10 The Brewster Recycling Commission Margretta Morris, Chair Annie Dugan, Member Peter Johnson, Member Griffin Ryder, Member Katie Scott, Member Pat Semple, Member Susan Skidmore, Member Mary Chaffee, Select Board Liaison Frank Briggs, Finance Committee Liaison Annette Graczewski, Board of Health Liaison Thank You Archive d: Friday, February 10, 2023 4:29:03 PM From: Gregg J. Corbo Se nt: Thu, 26 Jan 2023 23:27:23 +0000ARC To: Peter Lombardi Subje ct: RE: draft warrant language re sale of nips Se ns itivity: Normal Hi Peter. The Attorney General has approved similar bylaws prohibiting the sale of “nips ”, most recently for Nantucket. Although the language sugges ted is similar to that used in other communities, the Board may wish to consider clos ing any loopholes by mak ing it unlawful to “sell, offer for sale or otherwise distribute” nips. I provide a s ample of that language below. The Town currently has a section in the General By laws that prohibits the s ale of single use plastic water bottles (Chapter 152) that c arries a fine of warning, $150 and $300 fines. It might make the most sense to put it in one of that chapter s ince it has a similar purpose and then the sale of nips would als o be punis hable by thos e fines , in addition to any license suspension that the Lic ensing Board might seek to impose. The Board can also choose to put it in its own c hapter and establish a spec ific fine for the offense or not specify any fine and leave enforc ement entirely to the licensing Board. Pleas e let me know if you would like to discuss . GENERAL BYLAW /BAN ON SALE OF NIPS Artic le No. --: To see if the Town will vote to amend Chapter -- of the Town Code to prohibit the sale of alcoholic beverages in s mall containers commonly referred to as “nips”, as follows , or take any other action relative thereto. §XX-X Sa le of Nips Prohibite d No pers on shall s ell, offer for sale or otherwise distribute alc oholic beverages in containers less than or equal to 100 milliliters is prohibited within the Town of Brewster. This s ec tion s hall take effect on January 1, 2024. Gregg J. Corbo, Esq.KP | LAW 101 Arc h Street, 12th Floor Bos ton, MA 02110 O: (617) 654-1764 F: (617) 654 1735 gcorbo@k -plaw.com www.k-plaw.c om Thi s message and the documents attached to it, if any, are i ntended onl y for the use of the addressee and may contain i nformati on that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the i ntended recipient, you are hereby notif i e d that any di sse mi nati on of thi s communication i s strictl y prohibited. If you have re ce i ved this communi cati on in e rror, pl e ase del ete all electronic copi e s of thi s message and attachme nts the reto, if any, and de stroy any hard copies you may have created and notify me immediately. From: Pe ter Lombardi <plombardi@brewster-ma.gov> Sent: Thursday, January 12, 2023 5:39 PM To: Gregg J. Corbo <GCorbo@k-pl aw.com> Subject: FW: draft warrant language re sale of nips Gregg, We plan to bri ng an article to Spri ng Town Meeting to ban nips. Please see the sugge sted l anguage below and provide f e e dback. Thanks, Pete r Peter 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@gmail.com> Sent: Thursday, January 12, 2023 4:33 PM To: Pete r Lombardi <pl ombardi @brewster-ma.gov> Cc: Mary Chaffee <mchaffe e@brewster-ma.gov> Subject: draft warrant l anguage re sale 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 C hair, as fo llo ws. Upo n appro val, the language w ill 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 will 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 Chapter X-X: "The sale o f alco ho lic beverages in co ntainers less than o r equal to 1 0 0 milliliters is pro hibited within the To wn 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 waste. Sim ilar 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 BREWSTER POLICE DEPARTMENT Chief Heath J. Eldredge 631 Harwich Road Brewster, Massachusetts 02631 Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513 “In Partnership With Our Community” MEMORANDUM TO: Brewster Select Board FROM: Chief Heath J. Eldredge HJE RE: Prohibiting the Sale of Nip Bottles DATE: February 6, 2023 At your January 9th meeting, the Brewster Recycling Commission made a presentation supporting a ban on the sale of “nip” bottles of alcohol. As your police chief, I would like to provide some comments on this issue. First, as someone who has volunteered time towards the Beautify Brewster cleanup days, I can attest to the problematic number of nip bottles that litter our roadways at any given time. This observation is well supported by the numbers provided by the Recycling Commission. The reasonable conclusion as to the reason why these items are discarded at such a high rate is, they allow the purchaser to quickly consume the contents, or transfer them into a non-alcoholic beverage, and then toss out the evidence of their alcohol consumption. As your police chief, I would support reasonable measures, like the one proposed by BRC, to reduce access to such an easy means of covertly drinking and driving. Clearly there is an increased risk to public safety when people drive on the roadways of a community while consuming alcohol. Noted in the presentation to the Board was an outline of other communities who have already banned the sale of nip bottles. While most of these towns have only recently banned them, Chelsea stands out, as their sales ban has been in effect since 2018. In a CommonWealth Magazine article that was published in 2019, the author noted a large decrease in ambulance transports for alcohol related issues, along with a reduction in the number of people placed into protective custody. These benefits were seen in addition to the obvious drop in litter on the side of the street, on sidewalks, and in parking lots. I support seeing the recommendation of the Recycling Commission go before the voters at the spring town meeting. I think it is important to hear from the residents of Brewster, to see if the continued sale of nip bottles is in line with the ethos of the community. Brewster Fire Department 1671 Main Street Brewster, MA 02631 Phone 508-896-7018 Fax 508-896-4245 TO: Brewster Select Board CC: Town Manager Pet -r Lombardi FROM: Fire Chief Moran DATE: 2/8/23 RE: Prohibition on Sale of Nip Bottles On January 9th 2023, the Brewster Recycling Commission made a presentation to the Board requesting a ban on the sale of "nip" alcohol bottles. In my opinion, 1 do believe prohibiting the sale of these single - use plastic bottles as several other Massachusetts Towns and Cities have already realized will benefit our community in the following ways. 1. As Police Chief Eldredge points out in his memo to the Board, the private ambulance service providing EMS services to the City of Chelsea has seen a significant reduction in the number of alcohol related ambulance transports. While it is too early to assert that this would occur in Brewster, a reduction in the number of these responses would assist in maintaining daily staffing levels for more critical higher priority medical and fire based incidents. 2. Our members routinely assist with the clean-up of roadside areas during Beautify Brewster. As someone who has personally witnessed the excessive number of discarded nip bottles found along our roads during this program I do believe the most noteworthy benefits from a potential ban would be found in a significant reduction in roadside trash and an improved community environment. Based on the potential benefits to our community, Brewster Fire/Rescue supports the Recycling Commission's recommendation to bring this subject to the residents at spring Town meeting for their review and vote. 00ti unwwludo, toe0 �� '• S -s TO: FROM: RE: DATE: Si w Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM Brewster Select Board Griffin Ryder, Department of Public Works Director Prohibiting the sale of single serve alcohol containers"nips" February 7, 2023 Office of: Department of Public Works The January 9, 2023 Select Board Meeting included a presentation by the Brewster Recycling Commission regarding the potential ban on the sale of single serve plastic alcohol containers "nips". The Department of Public Works offers the following comments and data in support of this issue. As part of our overall operations and particularly when the DPW is performing roadside mowing, every attempt is made to pick up roadside litter. Nip bottles and aluminum cans are the most prevalent types of litter along the Town's roadsides. Nip bottles are also often found when cleaning the port -a -Jon and trash enclosures during the off season when not in use. The Department of Natural Resources thru their Annual Beautify Brewster Event has accumulated data regarding nip bottles. Teams were asked to separate the different types of litter and the amount of nip bottles picked up during the annual event are as follows. 2019 — 1,000 2020 — No event was held due to COVID 2021 — 3,376 (-1,680 average per year due to no 2020 event) 2022 — 2,767 Based on this data, nip bottles picked up along the roadside has increased over 200% since 2019. The DPW fully supports the recommendation of the Brewster Recycling Commission to ban the sale of single serve plastic alcohol containers. Ad Preview 2/2 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Office of the: Select Board Town Manager January 31, 2023 Mr. XX, As a holder of a package store license, we would like to advise you that, based on the recommendation of the Recycling Commission, the Brewster Select Board has expressed initial support for bringing a warrant article to Brewster Annual Town Meeting to see if the Town will vote to adopt a ban on the sale of miniature single use containers for alcoholic beverages (“nip” bottles) as a general bylaw. The proposed effective date of the ban would be January 1, 2024. The Chair of the Recycling Commission first presented the proposed prohibition on the sale of nips at the Select Board meeting on January 9, 2023. This presentation is available on the Town website, www.brewster.ma.gov. The Select Board is seeking public input and feedback on this proposal before they formally vote to place this article on the warrant for Town Meeting action. A public hearing will be held during the Select Board meeting on Monday February 13, 2023 at 6:15pm. To attend this meeting by phone, please 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. To participate by Zoom webinar, use this link: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09, passcode: 509224, to request to speak: tap Zoom “Raise Hand”, then wait to be recognized. We invite all interested parties to attend this remote public hearing on February 13, 2023 at 6:15pm. Annual Town Meeting will be held at the Stony Brook Elementary School on Monday May 1, 2023. Thank you, Erika Mawn Executive Assistant to the Town Manager REQUEST TO NOT BAN 50 ML LIQUOR BOTTLES WE, ..IE UNDERSIGNED RESIDENTS AND REGISTERED VOTERS OF THE TOWN OF BREWSTER DO HEREBY SUBMIT THE REQUEST TO BOARD OF SELECTMEN TO NOT PROHIBIT THE SALE OF 50 ML LIQUOR BOTTLES (°NIPS"). PRINT NAME SIGNATURE t' /1/(0'4 CLo r ✓a t h o (L k y A f Xi k\ ?au L 11 C- 4\,6040•) LiSp 71U \)%ctvg _7)Q-1,1'1(1.7 Y�1Y9ic W*l*l^ N I10Fi.. !L 1; d geSsa N 1 rte' Jctt�a (A)PSt 7kre, ,ii( ,CCAr:. v/ cii-zt it( ADDRESS ,nr 1 L _1 licr,.? oc/ & I k_5 (Q 5 wigwam 37c Ik ` "TL. eg A5ufls P rii /V> !uSSct r 12.°4-1^ i a,d Pad( ter _ 7 gi..3(mac) 736 ill 11/5/01 Rd I o_ m&144.4- 'ems/ i? -L 5 i 71 %/S]1Q./ cc, /� . fSt 4 't3 lvvetvg6 Li4 / 6:(.3 C o P G �--� . 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F. 1a- 4%� 7c k,l C Cg U , 4 i .,,,, „ , iicz--,-,:e 56 Sty t t ik - r....f1-7,, 31010 aic-+- -i CaRuA, M ClOssun ef--US `9i1 �.d d`' ,cJ'S )ited--46 ( •c\I‘ ae\ S io6;k Q) le /t (*--A17 1 ?al /45(e44 3 z LA - ;St) rti"kik 5r S RE EST T • NOT BAN 5 , ML LI» OR BOTTLES WE, THE UNDERSIGNED RESIDENTS AND REGISTERED VOTERS OF THE TOWN OF B HEREBY SUBMIT THE REQUEST TO BOARD OF SELECTMEN TO NOT PROHIBIT THE SALE OF 50 ML LIQUOR BOTTLES ("NIPS"). PRINT NAME ►1 u e ‘ 1.1.SoLA I/6 1‘4-dit -N(o(A-) \c `Decker Co_\vo-k SIGNATURE 711:6 s aZVx-c1k ADDRESS Alt" pie ) 4 eckmbi, i fJ c "/' 'I 4 / c'/if /1 cif 1/ ft .575 -rtc_.,f 3 S- lcq b l /ld C 7.;g71‘44 (/ 674-,7 '4 I)` 62 t 16 14 1- env V-4 I/Z6 /aa aZC11/ tilk S- Ng. ice// Lev,. �/O/'�vi( MAL RC.. -‘0‘0,i •-•/•. gictit.eit)Pr 5 ( t..- 6iv- k 33rt1,S /C9 ijd I-tS L 61.105 I ()Li (. —)k tLw 1-vj (Iwo) < t / 1/111i it,eth P ded \/\ Mu II a'czm4 ulig it1 (0rnIPA o05 (Amyl frtti$ kW)v D,j L s L( 'iv 6 '6se w. reo.. r 144 e 'cf(e) VP -L-0 SVRA as u„tAys �[ A '�� - , e7v Lail E. /71 At — r7 / /LI 5-��qe fe&1 50 VE 14 pi ru---v14 251 iL Lit `i7 eti-c.- vQ, t- dwL 6,, �r , 0-- 6.1 oft -U v448 Mast S�- �I� Li. fr /. r n 0.46, 12)11(11 ion o i i' i( U39 ntIUL bk10;\ b;c co I 3 At . %ActvA vit )kp- 1 v(214rc 6.)63;?- thos ptcee4, T►. VCS,d6 =-; . V „ ,/ r �.,,,,��1-�- �,,-,1 4 U4 L,14•r` �,h�C� -�hc x icq 6x,izig ► ems -t - Tv 6. f �.,:.• t„au, a 64 �� SAnd p :r, %n - �� f-cxMVM ocL A. io -KO t( —L P Lc) LS41ri{, Uzh C t'fi LLL F }'wit. ��P) Lf l 7 4)i 242 jZ3 7K7 �,�/ o.ek m.s l 5� Fur) ti) (94 41--cI l -,U Lin foot SI y Y /e t /247) t er Rose <r-./uJ;-k( tV 6.9 Cc'Ar-C)`'''' ( Lip -- .)111/,.s 03 &;€v 1,1 ) i,� sz (r► /\ f/ i Ar moo/ �...._- ? 3 /31, c,.x - C-��' K 1 TOWN OF BREWSTER - BREWSTER CONSERVATION TRUST GIFT AGREEMENT This Gift Agreement is entered into this 13th day ofAugust , 2021, by and between the Town of Brewster, a Massachusetts municipal corporation acting by and through its Select Board, with an address located at 2198 Main St., Brewster, MA 02631 (the "Town"), and the Brewster Conservation Trust (BCT), a Massachusetts non-profit organization acting by and through its Board of Trustees and President with an address located at 36 Red Top Rd., Brewster, MA 02631 (the "Trust"). WHEREAS, the Town has been awarded a $50,000 grant from the Commonwealth of Massachusetts, through its "MassTrails Grant Program" (the "Grant") for the design and engineering of an elevated boardwalk extending from Drummer Boy Park, Brewster, MA to Wings Island, Brewster, MA, approximately as shown in the plan attached hereto as Exhibit A (the "Project"); and WHEREAS, BCT has received a gift pledge from an anonymous donor (the "Donor") in the total amount of $1,030,000 (the "Gift Funds") to assist the Town with the Project; and WHEREAS, the acceptance and expenditure of the gift funds in connection with the Project shall be subject to the provisions of G.L. c.44, §53A; and WHEREAS, contingent upon the Town's receipt of said Grant, BCT will donate the gift funds to the Town and the Town will accept and expend said grant of funds consistent with the terms of this Agreement. NOW, THEREFORE, the Town and the Trust agree as follows. 1. Upon receipt of the Gift Funds from the Donor, the Trust will provide the Town's Treasurer, with a total sum of $1,030,000 to fund the design, permitting, and construction costs associated with the Project. The Trust shall provide the Gift Funds in installments as received from the Donor, with an initial installment of $30,000 expected to be made upon formal award by the Town of the Grant and approval by Town Meeting of the $50,000 balance needed for the first phase of work, to be expended by the Town for design and engineering of the project. It is further expected that the balance of the Gift Fund installments will be provided over two years during the construction phase of the Project in two installments, one each year of $500,000 each, contingent upon the Town securing additional funds needed to complete construction. For the avoidance of doubt, the Trust's sole obligation under this Agreement is to remit Gift Fund monies to the Town when and as received from the Donor and, should the Donor fail in any respect to provide to the Trust any portion of the Gift Funds timely or in full, the Trust shall have no liability whatsoever with respect to such failure and no obligation to assert or prosecute any claim against Donor on account of such failure. All Gift Fund monies shall be deposited by the Treasurer in an interest -bearing account ("Gift Account") and expended at the direction of the Select Board, consistent with and subject to the terms described herein. 2.The Treasurer of the Town shall hold the Gift Account funds in the Gift Account, to be expended by the Town Administrator or designee, upon approval of the Select Board, without further appropriation pursuant to G.L. c. 44, §53A for the purposes of: (1) assessment, design, permitting of the Project; (2) professional services and construction costs associated with the Project; and (3) such other planning related studies and/or expenses determined to be appropriate or required by the Town or its officials in relation to the Project. Permissible use of the Gift Account funds shall include but not be limited to the hiring and payment of designers, engineers, consultants, contractors, and subcontractors as deemed necessary by the Town to undertake the Project. 3.In consideration of this grant of funds, and at the direction of the Trust the Town shall name the boardwalk to be built through the Project in honor of a person to be named prior to the commencement of construction. The Town will maintain signage at each end of the boardwalk reflecting said name, which signage shall be no more than 24 inches by 24 inches, unless other dimensions are required by a state agency or local regulatory commission, with remaining details to be determined before project construction commences. a.Neither the Trust nor the Donor shall have rights to rename or amend the name of the boardwalk once the Project is complete and signs have been ordered, however, the Donor may, upon written request to and approval by the Select Board, amend the name of the boardwalk after the execution of this Agreement and until such time as the Town orders signs for the boardwalk. b.In no event shall the boardwalk be renamed within 30 years of the completion of the Project. On and after the thirtieth anniversary of such completion, should the boardwalk need substantial repairs or to be rebuilt, for any reason, the Donor, the Donor’s estate, or the Donor’s Family Foundation shall be granted the right of first refusal to donate sufficient funds in a timely manner as may be needed to cover the costs associated with such repairs and may therefore retain such naming rights. If the Donor does not exercise this right of refusal, the Town may rename the boardwalk pursuant to the terms of any future donations, grants and/or gift agreements for such purposes. The Town shall utilize any and all available insurance proceeds prior to seeking or receiving any such grants and donations. The Town will make all reasonable efforts not to rename the boardwalk pursuant to the terms of this section 3(b). c.Should the Donor or the person for whom the boardwalk is named be convicted of a felony by a court of competent jurisdiction, the Town reserves the right to rename the boardwalk. The Town may also rename the boardwalk if the Donor or the person for whom the boardwalk is named are credibly accused of crimes of moral turpitude, which determination shall be made at the sole discretion of the Select Board. 4.Once all outstanding costs and fees detailed above have been fully paid in relation to the Project, any remaining Gift Account funds shall be returned to BCT, at which time the Gift Account shall be closed. 5.Any interest accrued under the Gift Account shall be used for any purpose allowed under this Agreement. 6.Any report, design, plan or advice generated with Gift Account funds shall be for the sole benefit of the Town, by and through its Select Board, shall be the property of the Town, and shall not be disclosed or shared except as required by the Public Records Law, and any other applicable provisions of state or federal law. 7.It is hereby acknowledged that the Town shall have the right, but not the obligation, to use the Gift Account funds, including any accrued interest, obtained hereunder for the stated purpose and that the Town shall not be deemed to have waived its right to use the funds or be deemed guilty of laches if the Town delays in using the funds. 8.In further consideration of this grant of funds, the Town shall convey to the Trust a conservation restriction in the property known as Wings Island, as further described as the deed recorded in the Barnstable County Registry of Deeds Book 1123, Page 170, said grant of restriction to be subject to approval by vote of Town Meeting and, as necessary, the Massachusetts state legislature, and approval of the terms and conditions of such conservation restriction by the Select Board. 9.This Agreement is intended to govern how the Gift Account funds may be used and is not intended to be construed as obligating the Town to take any particular action except with respect to the naming of the boardwalk, as set forth in section 3. 10.This Agreement shall be binding on and inure to the benefit of the parties; the benefits hereof may not be transferred or assigned without prior written consent of the parties. 11.This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts, without regard to conflict of laws principles. 12.If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced. 13.This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto. Brewster Select Board cs'i 8u�a/Anr, 0 Edward 8 Ctia-fe(a4 eaNA 725365.3/BREW/0001 Brewster Conservation Trust, for the Board of Trustees President Doc ID: Od909bebdd9ee6fa005d9afbcf443039d7161 fd9 EXHIBIT `A' —SPECIAL TOWN MEETING SAVE WING ISLAND ARTICI SfddO SJlti213 NMOJ. PETITION OF 200 REGISTERED VOTERS. F2N6JN\lf' 1. To see if the Town will vote to adopt the following: BBARRO3E No funds previously appropriated by the Town shall be expended by the Town in any way, including without limitation for staff time, or to pay any consultant or professional or outside contractor, for any design, permitting, construction, or promoting in any way of a boardwalk to Wing Island, or other re -design or modification of the existing access to Wing Island, provided that any invoice for payment submitted by such consultant or professional or outside contractor prior to the date of the warrant for this Special Town Meeting may be paid from sums previously appropriated or grants or gifts previously received; nor shall the Treasurer approve for payment any warrant for payment approved by the Select Board that includes an authorization for payment of any sums that would be in violation of this Article. It is further the sense of the Town Meeting to the Select Board, and the Select Board is hereby advised by the Town Meeting, that, no grants or gifts received by the Town which the Select Board is authorized by law to accept or expend, shall be expended for staff time, or to pay any consultant or professional or outside contractor, for design, permitting, construction, or promoting in any way of a boardwalk to Wing Island, or other re -design or modification of the existing access to Wing Island, or to take any other action relative thereto. EXPLANATION: ---No Boardwalk to Wing Island, nor any modification to the existing access, has been approved by Town Meeting. A member of the Select Board stated at the last Town Meeting that the Select Board would seek a vote on the Boardwalk at the 2023 annual Town Meeting, and that the Select Board would "take seriously" the result of that vote. Approval of this article will preclude the Town from spending any Town funds previously appropriated for such a boardwalk, and shall advise the Select Board that it is the sense of Town Meeting that no any grants or gifts received in any fiscal year should be spent on the proposed boardwalk. 2. To see if the Town will vote to transfer the care, custody, and control of the land acquired by the Town of Brewster pursuant to an Order of Taking dated July 14, 1961 and recorded on July 28, 1961 in Barnstable Deeds at Book 1123 Page 170 (Wing Island, so- called) from the Select Board to the Brewster Conservation Commission to be used for conservation, open space, and passive educational purposes, said land to be managed by the Conservation Commission for such purposes, or to take any other action relative thereto. EXPLANATION: Wing Island was acquired in 1961 by the Town for "the purpose of a public bathing beach and recreational area". It has been used, however, in the intervening 62 years primarily as a conservation area. This Article seeks to memorialize the existing actual use, to redirect the purposes for which Wing Island may be used as Conservation purposes, and to place Wing Island under the care, custody, and control of the Conservation Commission under G.L. c. 40 sec. 8C, which directs the uses of conservation land. 3. To see if the Town will vote to rescind its vote to accept the "2021 Drummer Boy Park Master Plan" taken under Article 12 of the November 15, 2021 Special Town Meeting or to take any other action relative thereto. EXPLANATION: The funding for Phase I of the Drummer Boy Master Plan was voted down by the Fall 2022 Special Town Meeting. This Master Plan includes substantial additional paving to the Drummer Boy Park, and in an appendix proposes a Boardwalk to Wing Island. This Article would rescind the Town Meeting's approval of the plan, thereby taking away as an argument for the proposed Boardwalk and re -paving of the Drummer Boy Park the fact that the Town Meeting has approved the plan. Push Comes To Shove Over Wing Island Boardwalk 25 January 2023 By: Bronwen Walsh Topics: Conservation , Beach Access Carl Ahlstrom IV and Liz Perry delivered a 700-signature citizens’ petition for a special election about Wing Island to the Brewster Town Clerk’s office, Town Manager Peter Lombardi and the select board last Thursday. [PHOTO COURTESY OF FRIENDS OF WING ISLAND] Petitioners Force Special Town Meeting, Trust Loses Donation BREWSTER — A group of adamant residents, many of them Friends of Wing Island members, has petitioned for a special town meeting well ahead of the May 1 spring town meeting to settle the fate of the proposed Wing Island boardwalk. Liz Perry and Carl Ahlstrom IV, whom the group asked to deliver the petition to town hall last Thursday, also are asking the select board to cease spending any more money on design or developing plans for a raised boardwalk. “Because, despite the November Town Meeting, the Select Board is forging ahead with its plans for a substantial boardwalk(s) to Wing Island, we decided to call a Special Town Meeting,” the petition reads. “The results were overwhelming! We needed 200 registered voters, and over 700 signed our petition.” The select board on Monday postponed a public forum about Wing Island scheduled for Jan. 26 until mid-February at a date and time to be determined, and scheduled the special town meeting for Monday, March 6, at 6 p.m. At the same time, the California couple who anonymously donated $1 million to the Brewster Conservation Trust toward building the boardwalk rescinded their donation to avoid further divisiveness. “They said they did not intend for their donation to be controversial,” said Town Manager Peter Lombardi. “They remain open to providing financial assistance to the town in the future once a consensus solution is identified.” Just two weeks ago, in effort to appease boardwalk critics, the select board voted to place the Wing Island access on the spring town meeting warrant and draft a conservation restriction for the island. The citizens’ petition would supersede that date by forcing a special town meeting within 45 days. “We are doing what the town should be doing – trying to preserve a sensitive habitat and one of the last remaining unspoiled places on Cape Cod,” resident Brenda Locke said. The former Cape Cod Sea Camps property is “where we should be spending our money – which we don’t have – on recreational opportunities,” said Locke, who called the boardwalk plans “a horrible example of a town gone wrong and ignoring its residents.” “We don’t know what’s going to be on the spring town meeting warrant,” said resident Mary O’Neil, also a supporter of the Friends of Wing Island, a coalition of residents who incorporated last summer in opposition to the boardwalk. “We feel like they just haven’t been listening. Even in their select board meeting, they continue to talk about Wing Island ‘access’ and a boardwalk. It all comes down to conservation, not recreation.” O’Neil cited a study by Sue Finnegan, manager of Wing Island Banding Station at Cape Cod Museum of Natural History, whose environmental studies call Wing Island a critical migration flyway and nesting home to more than 237 documented bird species, 20 percent of which are considered threatened or ‘of concern’ if they lose any more habitat. “Once their habitat is gone, they stop breeding completely,” O’Neil said. “More foot traffic would have a major detrimental impact on the birds there,” she said. “We feel like that’s going in the wrong direction. We are so blessed with so many other ways to enjoy the ocean. We have beaches, we have Nickerson State Park, we have ponds. “We also have an obligation to protect what we have, protect the environmental integrity of Wing Island and the marsh surrounding this coastal barrier island. We’re asking for time out before we pave paradise and put up a parking lot. We do not need another paved walkway,” she said. Comprised of three articles, the petition calls for the town to stop spending any more money or staff time on designing boardwalk plans; to memorialize Wing Island for its existing natural use, redirect its purpose toward conservation and place the island under the custody and control of the conservation commission; and to rescind the select board’s 2021 approval of the Drummer Boy Park Master Plan, “that the select board is using as a justification to pave the park and build the boardwalk.” “We’ve just increasingly become frustrated. They’re not listening,” O’Neil said of the select board. Even in organizing the Jan. 26 Wing Island public forum, “they are always using language like ‘improving access.’ They just seem to still be going in that direction. “And 700 people agree with us,” she added. A link to the town’s Wing Island project page is on the town’s homepage at: www.brewster- ma.gov/wing-island-boardwalk-project. Lombardi shared initial results of a new carrying capacity analysis by Horsley Witten, the Sandwich environmental engineering firm consulting with the town, and cost estimates for several possible scenarios for future access to the island, at the Jan. 23 select board meeting. Perry said Friends of Wing Island has the option of withdrawing their petition if they can reach a better understanding with the town. That group next meets on Thursday, Feb. 2 at 6 p.m. at the Museum of Natural History. Public Forum on Wing Island Access (Feb. 9, 2023)1 Brewster Select Board, Town Manager & Natural Resources Department Feb. 9, 2023 Access to Brewster’s Wing Island: An Update & Review of Options Public Forum on Wing Island Access (Feb. 9, 2023)2 Forum Purpose & Overview Presentation Background & Stakeholders History of Wing Island Access & Review of Current Conditions Regulatory Considerations & Options for Continued Access to Wing Island Carrying Capacity Analysis Potential Boardwalk Visibility & Aesthetics Construction Estimates & Gift Offer Update Citizens Petitions & March 2023 Special Town Meeting Conservation Restriction Community Input Residents are invited to ask questions and make comments Town of Brewster Forum Purpose Provide factual information so residents can make informed decisions about Wing Island access Public Forum on Wing Island Access (Feb. 9, 2023)3 The Issue: Access to Wing Island The plank walkway crossing the marsh to Wing Island: Was intended to reduce harm from foot traffic on the saltmarsh Was approved for temporary, seasonal use in 1992 Is harmful to the marsh Is submerged twice daily at high tides making crossing unsafe or impossible Is unstable/unsafe and does not comply with Federal law (Americans with Disabilities Act) Must be retrieved by Town staff & reinstalled after some tide/storm events Flooded Plank Crossing Foot Traffic Harm to Marsh Town of Brewster Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)4 Where We Are Today Past Activities Residents requested better Wing Island access & Drummer Boy Park improvements (1990s–present) Town proposed improved access to Wing Island with a raised walkway (2018) Town Meeting approved funding to advance design & permitting for improved Wing Island access (2021) Town consulted with state regulators on potential options and requirements (Spring/Summer 2022) Town presented initial boardwalk concept to residents at public forum (Aug. 2022) Town made changes to initial concept in response to public input (Sept./Oct. 2022) Town invited Museum personnel to take part in Wing Island site visit (Nov. 2022) Town gathered more data that public requested - carrying capacity & cost estimates (Dec. 2022) Select Board pledged to bring articles to Town Meeting regarding future Wing Island access (Nov. 2022) and to place a conservation restriction on Wing Island (Dec. 2022) Citizens petition submitted to call Special Town Meeting on Wing Island (Jan. 2023) Now Town presents updated information & invites further public input Next Special Town Meeting on Wing Island on Mar. 6, 2023 at 6pm, Stony Brook School Annual Town Meeting on May 1, 2023 at 6pm, Stony Brook School Public Forum on Wing Island Access (Feb. 9, 2023)5 Stakeholders & Participants State of Massachusetts Brewster Conservation Trust Brewster Conservation Commission Cape Cod Museum of Natural History Brewster Dept. of Natural Resources Brewster Fire & Rescue Brewster Police Department Friends of Wing Island Brewster Residents Brewster Historical Society WING ISLAND ACCESS Horsley Witten Group Town Meeting Voters Select Board & Town Management Brewster Visitors Public Forum on Wing Island Access (Feb. 9, 2023)6 The Decision-makers Town Meeting voters will determine how future access to Wing Island is managed and how Wing Island is protected. Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)7 Wing Island Access History: Road “…gravel and fill dike was constructed around 1806 to provide access to the saltworks which dotted the edge of the salt marsh (there were 60 or 70 thousand feet of salt works in Brewster at that time)”1 “In the 1800s there was a road (just to the west of the boardwalk)” 2 Salt Works at Wing Island c. 1875 1 Town of Brewster Notice of Intent, June 1, 1992 2 Dan Zoto, Archeologist, Ten Thousand Years on Wing Island, Lower Cape TV, Oct. 17, 2020 Dennis Historica l Society Arch ive A gravel & dirt causeway was used to access Wing Island in the 1800s–1900s Public Forum on Wing Island Access (Feb. 9, 2023)8 Wing Island Access History: Road & Bridge at Paines Creek Wing Island Acquired by Town of Brewster on July 14, 1961 Brewster’s first open space acquisition 1 Wing Island Road existed in 1961 but became a problem “When the town bought Wing Island there was still a road that connected it to the main land and people would drive out to the beach.” 2 “Road required a lot of maintenance to keep it from sinking into the marsh…” 3 Paines Creek Bridge to Wing Island in 1970 A bridge to Wing Island was constructed in 1970 from Paines Creek; it was demolished by storm & fire within one year of construction. 4, 5 1 Town of Brewster Notice of Intent, June 1, 1992 2, 3 Town of Brewster Land Management Plan, 2011, p. 10. 4 Town of Brewster Notice of Intent, June 1, 1992 5 1995 Town of Brewster Wing Island Management Plan Outline, p. 16. When Brewster acquired Wing Island, the road remained and the Town built a bridge Public Forum on Wing Island Access (Feb. 9, 2023)9 Wing Island Access History: 1980s/1990s Footpath Foot traffic to Wing Island Increased across marsh in 1980s into 1990s Foot traffic impact was documented 1 “increasing adverse impact” “whole sections of the dike are muddy due to repeated foot traffic” “people walk off the dike to the vegetated portion of the marsh” “this has caused great harm to the salt marsh” Salt Marsh Damage Prior to Installation of Planks (1992) 1 Town of Brewster Notice of Intent, June 1, 1992 Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)10 Wing Island Access History: Planks & Bridge Town sought to protect the marsh from foot traffic damage (1992) Conservation Commission approved Town request for “200 feet of seasonal boardwalk…to mitigate damage to the dike and adjacent salt marsh created by foot traffic” Planks approved partway to Wing Island; intended for use May to November only Wing Island Marsh Bridge (2008) Town of Brewster 1992 Notice of Intent to Build Seasonal Plank Path Partway to Wing Island Planks Approved Here Public Forum on Wing Island Access (Feb. 9, 2023)11 Overview of Wing Island Area Public Forum on Wing Island Access (Feb. 9, 2023)12 Current Conditions Wing Island: Has a long history of human activity & use Was an important Town acquisition Is a treasured Brewster natural resource Offers rich public education opportunities Contains numerous habitats Is heavily used by Cape Cod Museum of Natural History programs Is vulnerable to climate change, sea level rise & human impacts Is not yet protected by a conservation restriction Has been accessed by varying strategies over the years Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)13 Wing Island Environment Total size: 122.1 acres •Bay beach: 11.9 acres •Uplands: 32.5 acres •Tidal marshland: 77.7 acres Habitat includes: • Forest • Meadow • Coastal dunes • Woody thicket • Salt marsh • Beach • Flats Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)14 Wing Island Care & Management Brewster Department of Natural Resources: Maintains & monitors Wing Island Protects sensitive habitat areas Clears walking trail obstructions Maintains/restores field habitat with mowing & controlled burns Maintains planks; retrieves lost planks Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)15 Evaluating Future Access Options The Community Needs to Decide How We Will Access Wing Island Town of Brewster South End of Present Plank Walkway (Dec. 29, 2022) Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)16 Why Improve Access to Wing Island? Community Demographics In 2022, the Town commissioned a socio-demographic report to gather data to inform our current and future Diversity, Equity, and Inclusion efforts Median age of Brewster resident is 57 years old – 45% of our community is 60+ 11% of our residents have some form of disability Brewster’s Age-Friendly Community Action Plan (2018-2023) outlined expected increases in these demographics in coming years and sought to identify ways in which the community could better support these populations through expanded services, programming, and opportunities Public Access to Conservation Land Town is required to update our Open Space and Recreation Plan every 7 years in order to maintain our eligibility for state grant funding to help pay for acquisition of conservation land Recent state approval of Brewster’s updated plan was delayed by 2 years due, in part, to our current lack of sufficient accessibility to Town conservation properties Town was required to develop an Americans with Disabilities Action (ADA) Transition Plan, identifying planned improvements at certain locations Public Forum on Wing Island Access (Feb. 9, 2023)17 Sea Level Rise & Climate Change Impacts A Major Threat to Our Salt Marsh “Salt marshes are drowning” due to the effects of climate change. 1 Climate change stressors include increasing drought, increasing storminess, sea level rise & ocean acidification. 2 Sea level rise is projected to increase by about 2 feet by 2060 and 4 feet by 2080 3 1, 2 U.S. Environmental Protection Agency, Climate Change in Coastal Environments, available: https://www.epa.gov/cre/climate-change-coastal-environments 3 Brewster Coastal Adaptation Strategy (2016) Wing Island at King Tide (January 2023) Paines Creek (March 2018) Public Forum on Wing Island Access (Feb. 9, 2023)18 Laws & Regulations Applying to Wing Island Access Federal Law Americans with Disabilities Act U.S. Army Corps of Engineers Sec. 404 of Federal Clean Water Act State Law Mass. Wetlands Protection Act (310 CMR 10:00: Wetlands Protection Act Regulations) Mass. Public Waterfront Act (310 CMR 9:00: Ch. 91 Waterways Regulations) Mass. Environmental Policy Act (MEPA) Mass. Endangered Species Act (MESA) Mass. Water Quality Certification under Sec. 401 of Federal Clean Water Act Old Kings Highway Regional Historic District Act Brewster Regulations Brewster Wetlands Protection By-law (Conservation Commission) Conservation Restriction on Wing Island (Quivett) Marsh Held by Mass. Dept. of Conservation and Recreation Town of Brewster Walkway from Wing Island (Dec. 29, 2022) Public Forum on Wing Island Access (Feb. 9, 2023)19 Option 1: Elevated Walkway to Wing Island & Drummer Boy (L-shaped) L-Shaped walkway would: Lessen negative impacts on marsh Provide safe/improved access for walkers not hampered by tides Provide access in compliance with Federal ADA requirements Encourage visitors to park at Drummer Boy Park; lessen improper parking at Museum Improve emergency access to Wing Island Allow continued Museum programs on Wing Island L-Shaped walkway would: Be the most expensive option Create visual changes in marsh vista Likely increase foot traffic due to no tidal barriers & easier connection to Drummer Boy Park parking PRO CON Public Forum on Wing Island Access (Feb. 9, 2023)20 Option 2: Elevated Walkway to Wing Island (current route) Straight walkway would: Lessen negative impacts on marsh Provide safe/improved access for walkers not hampered by tides Add marsh overlook at Cedar Ridge Reserve Be less expensive than Option 1 Provide access in compliance with Federal ADA requirements Improve emergency access to Wing Island Create less visual impact change on marsh vista than Option 1 Allow continued Museum programs on Wing Island Straight walkway would: Create longer route to island than Option 1 Be less likely to encourage Wing Island visitors to park on Town property at Drummer Boy Park Likely increase foot traffic due to improved access & no tidal barriers (although less than Option 1) Create visual changes in marsh vista Fail to improve connections between Wing Island, Cedar Ridge Reserve, Drummer Boy Park, Windmill Village, & Museum CONPRO Public Forum on Wing Island Access (Feb. 9, 2023)21 Option 3: Maintain Current At-Grade Planks Maintaining current planks would: Continue status quo Avoid expense of installing & maintaining a raised walkway Ensure Museum programming could be maintained Avoid any changes to marsh vista Limit changes to existing foot traffic to island Maintaining current planks would: Harm the marsh Fail to address increased usage since original planks installed Limit island access based on tidal restrictions & difficult footing Be less likely to encourage Wing Island visitors to park on Town property at Drummer Boy Park Make public safety access slower & more difficult PRO CON Note: Current planks do not have a Chapter 91 license from MA Department of Environmental Protection (Public Waterfront Act) Public Forum on Wing Island Access (Feb. 9, 2023)22 Option 4: Remove Existing At-Grade Planks Removal of planks would: Bring Town into compliance with Ch. 91 Avoid expense of installing & maintaining a raised walkway Avoid any changes to marsh vista Reduce overall foot traffic out to island Removal of planks would: Result in foot traffic directly on marsh, causing significant harm to resource area (as seen in 1980s) Make public access to Wing Island very challenging Make continued Museum programs to Wing Island highly questionable Make public safety access much slower & more difficult PRO CON Public Forum on Wing Island Access (Feb. 9, 2023)23 Option 5: New At-Grade Walkway Not viable Town cannot secure permits from State & Federal regulatory agencies to construct this type of structure in a wetland PRO CON Public Forum on Wing Island Access (Feb. 9, 2023)24 Wing Island Carrying Capacity Wing Island Carrying Capacity Analysis Conducted (Winter 2022) 1 Purpose: Calculate number of visitors Wing Island can sustainably manage without harmful impacts (considering that utilization may be increased if a boardwalk is built) Visitor Sources: Vehicles parked at Drummer Boy Park & Museum of Natural History Museum sends ~10,000 visitors to Wing Island annually (an average of 28/day) Museum maximum visitors: Up to 100/day in summer Natural Factors that Limit Wing Island Access: Weather (temperatures, wind, precipitation) Wing Island trail conditions; some trails are less accessible to certain users Distance Parking capacities Conclusion: Wing Island can accommodate the predicted volume of visitors & avoid degradation of resources that could be caused by overuse. 1 Horsley Witten Group, Carrying Capacity Analysis for Wing Island, Town of Brewster, Feb. 2022 Public Forum on Wing Island Access (Feb. 9, 2023)25 Cape Cod Museum of Natural History The Museum: Offers programs that introduce people to Wing Island Brings over 10,000 people/year to Wing Island Charges fees & produces revenue from Wing Island programs Long-time partnership with Town to share resource is not formally documented Cape Cod Times Public Forum on Wing Island Access (Feb. 9, 2023)26 Wing Island Beach Use With a Boardwalk Unlikely Wing Island beach use would increase substantially with a boardwalk Distance from parking to Wing Island beach: 2/3 to 3/4 of a mile Spruce Hill Beach: Shorter walk at 0.5 miles (with limited parking), but is very lightly used Wing Island trails: Uneven terrain not feasible for all walkers; no changes planned If I-shaped Boardwalk Drummer Boy to Wing Island beach: 0.74 miles If L-shaped Boardwalk Drummer Boy to Wing Island beach: 0.63 miles Compare: Spruce Hill Beach Parking off Main Street to beach: 0.43 miles Public Forum on Wing Island Access (Feb. 9, 2023)27 Carrying Capacity Summary Carrying Capacity & Projected Use with a Boardwalk *Estimate reflects factors that make visiting Wing Island less desirable; these include extreme high/low temperatures, rainfall/snowfall, wind, & trails with significant slope. **Based on 4 visitors in each Drummer Boy parked vehicle plus 28 to 100 Museum visitors each day. Analysis: Estimated increased use would not negatively impact Wing Island. • Maximum Wing Island Carrying Capacity (Peak Use) = 1,581 daily visitors • Maximum Projected Wing Island Visitors with Boardwalk = 415 daily visitors • Current Maximum Estimated Wing Island Visitors via Planks = 353 daily visitors Public Forum on Wing Island Access (Feb. 9, 2023)28 Carrying Capacity Recommendations Remove/deter access to unofficial trails with signage and/or barriers Protect rare species habitat during breeding season Revegetate larger bare areas of dunes; restore functionality of dunes as protective barrier Increase educational signage for public awareness of island’s sensitive nature on trails & on possible boardwalk Relocate bird banding signage to deter visitors Restrict visitors to on-foot access only Restrict dogs in certain seasons, similar to beach restrictions Enact a conservation restriction on Wing Island to identify allowable & prohibited uses Consider trash receptacles or implement strict “carry in/carry out” policy Undermanagement can cause environmental harm: Important to maintain sufficient staff to manage the resource, monitor for emerging needs & allow proactive planning. Visitor education is important: Degradation worsens with lack of education on appropriate behavior and activities. Recommendations to reduce harmful Wing Island impacts: Town of Brewster Public Forum on Wing Island Access (Feb. 9, 2023)29 Boardwalk Visibility & Aesthetics A Boardwalk to Wing Island Would Be Visible: To vehicles westbound on 6A for ~5 seconds To a few abutters & adjacent shopping plaza From Wing Island (looking south toward Museum) A Boardwalk to Wing Island Would Not Be Visible: From Museum or eastbound vehicles on 6A From Drummer Boy Park Depiction of an elevated boardwalk to Wing Island looking northwest from Route 6A Public Forum on Wing Island Access (Feb. 9, 2023)30 Estimated Costs of Boardwalk Options Option 1: L-shaped boardwalk $3.0 million Including new connection to Drummer Boy Park Option 2A: I-shaped boardwalk $1.9 million Including new marsh overlook at Cedar Ridge Reserve Option 2B:I-shaped boardwalk $1.8 million No new marsh overlook at Cedar Ridge Reserve * All include conservative pricing assumptions and 30% contingency Public Forum on Wing Island Access (Feb. 9, 2023)31 Update on Gift Offer Background After learning the Town was considering a possible boardwalk to Wing Island, Leonard & Pamela Schaeffer offered $1,030,000 donation via Brewster Conservation Trust to help fund design, permitting, & construction costs Arrangement was outlined in gift agreement approved by Select Board in August 2021 The donors initially preferred anonymity to preserve their privacy Update The donors recently contacted the Town expressing interest in terminating their offer at this time Select Board plans to formally vote to terminate gift agreement on February 13 Donors are willing to revisit their offer when & if the community comes to consensus on future Wing Island access Public Forum on Wing Island Access (Feb. 9, 2023)32 Citizens Petitioned Special Town Meeting on Wing Island Select Board Plan (announced Nov. & Dec. 2022) The Brewster Select Board planned to bring specific warrant articles on Wing Island access & Wing Island preservation to Annual Town Meeting in May 2023 Citizens Petition However, the Town received a citizens petition calling for a Special Town Meeting 2 months earlier Special Town Meeting will be held Monday, March 6 at 6PM (sign-in starting at 5PM) at Stony Brook Elementary School Public Forum on Wing Island Access (Feb. 9, 2023)33 March 2023 STM: Article 1 Citizens Petition Article 1 Seeks to prohibit any further expenditures of Town funds and staffing resources on Wing Island boardwalk planning, permitting, or construction activities Also seeks to advise the Select Board not to accept any grants or gifts related to a Wing Island boardwalk Public Forum on Wing Island Access (Feb. 9, 2023)34 March 2023 STM: Article 1 (cont’d) Town Notes on Article 1 Town has only worked on publicly discussed and agreed upon tasks since October 2022 (carrying capacity analysis, visual simulations & construction estimates) – not on design or permitting Town previously entered into contracts for consulting services and grant agreements with Mass. Dept. of Conservation & Recreation and has legal obligations to comply with the terms of those agreements To date, Town has: Spent $50k in funding appropriated by Town Meeting in November 2021 Spent ~$20k in previously gifted funds Has not spent any of $50k in state grant funds Gift agreement for construction funds will be terminated next week Per town counsel, vote will reflect the sense of this Town Meeting Public Forum on Wing Island Access (Feb. 9, 2023)35 March 2023 STM: Article 2 Citizens Petition Article 2 Seeks to transfer the care, custody, and control of Wing Island from the Select Board to the Conservation Commission and to change permitted uses from a public bathing beach and recreational area to conservation, open space, and passive educational purposes Does not seek to place a conservation restriction on Wing Island Public Forum on Wing Island Access (Feb. 9, 2023)36 March 2023 STM: Article 2 (cont’d) Town Notes on Article 2 Transfer of Article 97 protected land to another entity requires 2/3 Town Meeting vote & 2/3 state legislative approval via Home Rule Petition Change of use of Article 97 land also requires Home Rule Petition Transfer and/or change of use of Article 97 land also requires a series of procedural actions, including an alternatives analysis Per town counsel, Article 2 is flawed because it does not authorize the Select Board to file a Home Rule Petition – accordingly, vote will reflect the sense of this Town Meeting Select Board planned to bring Home Rule Petition article to May Annual Town Meeting that could transfer control of the property & seek state approval to place a conservation restriction (CR) on Wing Island State legislative process typically takes 1 to 2 years to complete Would provide sufficient time to complete baseline ecological assessment & develop management plan for CR Public Forum on Wing Island Access (Feb. 9, 2023)37 March 2023 STM: Article 3 Citizens Petition Article 3 Seeks to rescind the Town Meeting vote of November 2021 to accept the updated Drummer Boy Master Plan, which referenced a potential boardwalk to Wing Island from the adjacent Cedar Ridge Reserve property Town Notes on Article 3 All Drummer Boy Park design & permitting work was stopped following the November 2022 Town Meeting vote against appropriating funds for Phase I construction Per town counsel, vote will reflect the sense of this Town Meeting Depending on result, potential to bring an amended version of Drummer Boy Park Master Plan to a future Town Meeting Public Forum on Wing Island Access (Feb. 9, 2023)38 Long-term Wing Island Protection with a Conservation Restriction Most Town conservation land is under the care, custody, and control of the Conservation Commission: Provides general oversight A CR is a legally enforceable agreement: Ensures permanent protection of a specific conservation area while permitting limited land uses consistent with conservation values. Must be held by a responsible third-party (ie. not Conservation Commission) Wing Island: Originally acquired as “public bathing beach and recreational area” State Constitution Article 97 provides certain protections to recreation land but does not preclude numerous uses Brewster: Has 75+ parcels with CRs Mass. Dept. of Conservation & Recreation: Holds CR on ~90 acres of marsh and beach surrounding Wing Island The Town wishes to establish a Conservation Restriction (CR) on Wing Island Public Forum on Wing Island Access (Feb. 9, 2023)39 Long-term Wing Island Protection with a Conservation Restriction A CR on Wing Island: Would permanently prevent development of the island while permitting necessary land conservation efforts Would require both Town Meeting & state legislation approvals (via Home Rule Petition) since it involves disposition of a property interest Would require an alternatives analysis Would require a baseline ecological assessment & a detailed management plan Could memorialize affirmative rights of Museum to provide educational programming & benefits to Town Public Forum on Wing Island Access (Feb. 9, 2023)40 Public Comment What are your thoughts on future access to Wing Island and its long-term preservation? Public Forum on Wing Island Access (Feb. 9, 2023)41 In Summary This Public Forum Described options so Brewster residents can evaluate the choices Sought feedback from Brewster residents about their ideas & preferences Next Steps Residents can email comments to wingisland@brewster-ma.gov March 6, 2023: Special Town Meeting – Citizens Petition articles March 2023: Annual Town Meeting warrant closes May 1, 2023: Annual Town Meeting – Potential Select Board article(s) Thank you for taking part. Archive d: Friday, February 10, 2023 10:21:03 AM From: Laura Cox Se nt: Wed, 8 Feb 2023 17:37:51 +0000ARC To: Peter Lombardi Subje ct: Wing Island Forum Se ns itivity: Normal Mr. Lombardi, I am a former Brews ter res ident who now resides in South Dennis . I have been following the Wing Island controvers y s ince my hus band and I took a walk to Wing Is land via the narrow wooden planks . I am an avid birder and nature enthus ias t belonging to Audubon and Mas s Audubon. We have enjoyed many walks at the Wellfleet Bay Sanctuary, enjoying the s ights and s ound very s afely. It is a busy area, and no harm comes to the flora and fauna that are there. The one time I access ed Wing Is land on thos e narrow planks is the las t time I will attempt that. I have s light balance is s ues becaus e of a Traumatic Brain Injury. That was frightening enoug h, but the walkway is not wide enough for a couple to walk s ide by s ide, let alone coming into contact with pers ons coming at you. Have you reached out to Mas s Audubon for help designing s omething that would allow people to enjoy the area? Not everyone is out to ruin it or exploit it by turning it into a recreation des tination, as Mary O'Neil remarked. The area belongs to everyone, and everyone should be allowed to experience it s afely while protecting the fragile s urroundings . Read the article from Audubon Magazine about a movement to make birding inclus ive and acces s ible to all written by Tom Fos ter. In the Fall 2022 Explore Mass Audubon there is an article called Acces sibility in Nature. That is where your focus s hould be...HOW to do it, s o this beautiful area can be enjoyed and cheris hed by all, not let's NOT do it at all! I'm sure if you reached out to Mas s Audubon they could offer guidance. This requires expert help, not jus t the opinions of riled-up res idents . Laura C ox South Dennis Archive d: Friday, February 10, 2023 10:31:07 AM From: Lauren F. Goldberg Se nt: Mon, 6 Feb 2023 23:53:19 +0000ARC To: Peter Lombardi Cc: Gregg J. Corbo; Amy E. Morin Subje ct: FW: Wing Island Follow-up Se ns itivity: N ormal Attachme nts : HW_engineering_for_Wing_Island-HWsigned 02.22.pdf; Wing_Island_Change_order 1 10.19.22.pdf; Executed 20211228_Wing Island Boardwalk Design and Permitting_P22-3472-G29A Contract&NTP.pdf; DCR Rec Trails Grant Agreement Wing Island Boardwalk Signed 12.21.pdf; Drummer_Boy_Phase_I - HWsigned.pdf; Peter, in my opinion, eac h of the c itizen petitioned articles is flawed in certain respec ts. I have reviewed the petitioned articles and related materials, and the attached doc uments that y ou forwarded. Article 1 s eeks to prohibit the Town from spending money previously appropriated for the W ing Is land Boardwalk project. Moot; Not s pecific . The artic le does not identify any particular appropriations to whic h it will apply and is general in nature. As I understand the facts , the Town has already s pent all of the money the Town appropriated by Town Meeting s pecifically for this project, i.e., $50K, and the article would be moot with regard to such expenditures. Further, the article does not specifically referenc e any partic ular appropriations , but nevertheless purports to limit the Town’s ability to ex pend departmental and other operating funds in connection with this project. In my opinion, the article is not in proper form to accomplish the same. Following the appropriation of funds for the FY2023 operating budget, such funds may be ex pended cons is tent with the purpos es specified. A general and unspec ific article c annot limit Town offic ials from expending previously authorized funding in a manner c onsistent with such appropriation. For all these reasons, in my opinion, this portion of the artic le is flawed in that it does not identify the particular appropriations to whic h it applies and in my opinion, a vote on the article as written would provide only a “s ense of the meeting” on this topic . Selec t Board has J urisdic tion Over Expenditure of Gifts and Grants . W ith regard to ex penditure of grant funds, as the petitioners recognize, Town Meeting has no authority to res tric t or restrain the same, in my opinion. In ac cord with G.L. c .44, §53A, the Select Board, in c onnection with this projec t , has exc lusive juris diction over whether to acc ept and expend gift or grant funds from private individuals or entities , or from the state. As s uc h, any vote taken under this artic le with regard to such matters would cons titute only a “sense of the meeting”, and would not be legally binding on the Select Board. Thus, in my opinion, even if Town Meeting were to approve this article, the Selec t Board would not be prohibited from using gift or grant funds for the purposes for which they have been given, inc luding paying for any work performed before the termination of the Horsely W itten Group c ontrac t at iss ue. Town Has Legal Ob ligation to Pay for W ork Performed Prior t o Contrac t Termination. The artic le provides further that if Town Meeting approves the artic le, invoic es “received by the date of the warrant for this Special Town Meeting” could s till be paid. In my opinion, however, the Town has a legal obligation to pay for work undertak en at its request and may only terminate a contract without penalty in acc ord with the relevant terms . I have reviewed the Horsely W itten Group contract (attac hed) and Sec tion 13(b) provides explicitly that the Town may terminate the contract with 10 days notic e. Further, it s tates that the Town will be res pons ible for payment for all work performed until the termination date. Failure to pay for such work would, in my opinion, c onstitute a breach of contract and could ex pose the Town to s ignificant liability. Article 2 s eeks to trans fer the W ing Island land, acquired by a taking in 1961 for “public beac h and rec reation area” purposes, from the Selec t Board to the Conservation Commiss ion for “c onservation, open space and passive education” purpos es . The petitioners s tate that this is, in fact, the manner in whic h the land has been held and used s ince its ac quis ition, and, therefore, that they seek to align formal custody and c ontrol with the c urrent use of the property. Thus, t he ques tion aris es as to whether such land is subjec t to Article 97 constitutional protec tions . In the event that Artic le 97 protec tions do not apply to this land, in my opinion, a two-step proc es s is required to make such a transfer. In acc ord with G.L. c.40, §15A, the board with custody and c ontrol of the property, here, the Selec t Board, must determine that the land is no longer needed for the purposes for which it is held. Further, Town Meeting must, by a 2/3 vote, approve the transfer. Cas e law es tablishes that there is no required s equence in which these events oc cur. Board of Selec tmen of Hanson v. Lindsay, 444 Mass. 502 (2005). In Artic le 97, the Legislature has declared a public purpose of protecting the cons ervation, development and utilization of the agricultural, mineral, fores t, water, air and other natural resourc es of the Commonwealth, by prohibiting land and easements ac quired or tak en for such purposes to be used for anot her purpose ex cept as approved by laws enac ted by a two-thirds vote of both houses of the Legislature. Public property may gain the protections of Article 97 when it is tak en or acquired for the purpos e of protecting the cons ervation, development and utilization of the agricultural, mineral, fores t, water, air and other natural resourc es of the Commonwealth, or when it is spec ific ally designated for such a purpose through a deed or res tric tion recorded against the property. Hanson, 444 Mass. 502. The determination of whether property held by the Town is protected by Article 97 requires a highly fac t-spec ific determination regarding the manner in which the propert y was ac quired, how it has been used, and ac tions tak en to prevent it from being used for other purpos es . Questions involving Article 97 are often subject to reasonable differenc es of opinion, and the Supreme Judicial Court’s interpretation of the Article has been evolving over time to ex pand its reach. That being said, based on my careful cons ideration of the fac ts at is sue in this matter, in my opinion the land at issue is lik ely to be found by a reviewing court to be protected by Article 97. Here, the property was tak en over 50 years ago for “public beach and recreation area” purpos es . Although it is arguable that the 1961 vot e is not entirely c lear as to what is meant by “rec reation”, I understand that the Town has us ed this land s ince it was ac quired for c onservation, open space, and pass ive education purpos es . I unders tand further that various Town documents detail the continued use of the property for s uc h purpos es , the matter has been debated at numerous meetings and public hearings , and the use of the property has been considered by Town Meeting on various oc casions. The Supreme Judicial Court in its dec is ion in Smith v. City of W es tfield, 478 Mass . 49 (2017) ex panded the reach of Article 97 to inc lude land that was not acquired for Article 97 purposes, but that was subs equently permanently dedic ated for s uc h a us e. Specifically, in that case, the Court held that land may be subjec t to Artic le 97 where a city or town dedicates land as a public park through a c lear and unequivocal intent to dedicate the land permanently as a public park and where the public ac cepts such use by actually using t he land as a public park . The Smith c ourt found that this standard was met where the City actually us ed land for play ground purpos es for more than sixty years, it formally trans ferred the property to the playground commission and, most significantly, by acc epting federal grant funds to rehabilitate the playground, it agreed that the property would be permanently restricted for that use. In this case, it appears, therefore, in my opinion, the land was acquired and used for Article 97 purpos es . In order to trans fer an interest in land protected by Article 97, there are three s eparate steps that must occur – a determination by the c us todian of the land that that the land is no longer needed for its current purpose, approval of the transfer by a 2/3 vote of Town Meeting, and approval by a 2/3 vote by both houses of the General Court. The article is flawed, in my opinion, in that it does not authoriz e the Selec t Board to file a petition for special legislation. In addition, note that rec ent legislation has added additional requirements a community must undertake or meet in connec tion with a petition for special legislation to change the custody or use of Article 97 land, which legislation expands the requirements of the long-establis hed EOEA policy . See here to review the text of Chapter 274 of the Acts of 2022, whic h inserted a new §5A in Chapter 3 of the General Laws. Article 3 proposes to rescind the November 15, 2021 Special Town Meeting vote under Article 12 to accept the 2021 Drummer Boy Park Master Plan. In my opinion, the vote to “acc ept” the 2021 Drummer Boy Master Plan reflec ted the sens e of the November 15, 2021 Special Town Meeting (ac ceptanc e or approval of a master plan is not required by state or local law) as to the master plan. The current Town Meeting may, of course, elect to indicate it no longer s upports the 2021 Drummer Boy Park Mas ter Plan, that it rejects the plan, or to refer that plan bac k to committee for further consideration. A vote under this article would, in my opinion, c onstitute a sense of the 2023 Special Town Meeting as to the 2021 Drummer Boy Master Plan. Pleas e let me k now if there are further questions on thes e iss ues. Very truly y ours, Lauren Lauren F. Goldberg, Esq.KP | LAW 101 Arc h Street, 12th Floor Bos ton, MA 02110 O: (617) 654-1759 **dial 9999 if prompted for a 4-digit code F: (617) 654 1735 C: (617) 548 7622 lgoldberg@k-plaw.com www.k-plaw.c om (617) 556-0007 This mes s age and the documents attached to it, if any, are intended only f or the use of the addressee and may contain inf ormation that is PRIV ILEGED and CONFIDENTIAL and/or may contain A TTORNEY WORK PRODUCT. If you are not the intended recipient, y ou are hereby notif ied that any dissemination of this communication is strictly prohibited. If you hav e received this communication in error, please delete all electronic copies of this message and its attac hments, if any , and destroy any hard copies you may have created and notif y me immediately. Cry r lip PETITlIO1iTO THE SELECT BOARD OF THE TOWN OF BREWSTER ,O THE HONORABLE S LECT BOARD OF THE TOWN OF BREWSTER: We, the undersigned Registered Voters of the Town of Brewster, respectfully request this Honorable Select Board take the following actions: 1. That the Select Board hold a public hearing, and at said public hearing, that the Board vote, that the land under the care, custody and control of the Select Board known as Wing Island, is no longer needed by the Town of Brewster as a "Public bathing beach and recreational area", as set forth in the Order of Taking dated July 14, 1961 and recorded on July 28, 1961 in Barnstable Deeds at Book 1123 Page 170, but rather, that said land should be used for the purposes of Conservation, Open Space, and passive educational purposes; and further 2. That the Select Board vote that Wing Island should be transferred to the care, custody, and control of the Brewster Conservation Commission, for the purposes of conservation, open space, and educational use, to be managed by said Conservation Commission for said purposes. (Signature + Print Name) ADDRESS 1. REGISTERED VOTERS ONLY! Pr' Name: f 2. 4 Th, '-1 G a lr L Print Name: cP-?f 7e,e/-11,7 L 7vZ foster goad Mt[r 5. �1 ,c)20e—a.) Russe+ ?c1. Print Name: Akin Cary Noyes COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS EOEA ARTICLE 97 LAND DISPOSITION POLICY FEBRUARY 19,1998 I. Statement of Policy It is the policy of EOEA and its agencies to protect, preserve and enhance all open space areas covered by Article 97 of the Article of Amendment to the Constitution of the Commonwealth of Massachusetts. Accordingly, as a general rule, EOEA and its agencies shall not sell, transfer, lease, relinquish, release, alienate, or change the control or use of any right or interest of the Commonwealth in and to Article 97 land. The goal of this policy is to ensure no net loss of Article 97 lands under the ownership and control of the Commonwealth and its political subdivisions. Exceptions shall be governed by the conditions included in this policy. This policy supersedes all previous EOEA Article 97 land disposition policies. An Article 97 land disposition is defined as a) any transfer or conveyance of ownership or other interests; b) any change in physical or legal control; and c) any change in use, in and to Article 97 land or interests in Article 97 land owned or held by the Commonwealth or its political subdivisions, whether by deed, easement, lease or any other instrument effectuating such transfer, conveyance or change. A revocable permit or license is not considered a disposition as long as no interest in real property is transferred to the permittee or licensee, and no change in control or use that is in conflict with the controlling agency's mission, as determined by the controlling agency, occurs thereby. II. Conditions for Disposition Exceptions EOEA and its agencies shall not support an Article 97 land disposition unless EOEA and its agencies determine that exceptional circumstances exist. A determination of `exceptional circumstances" is subject to all of the following conditions being met: 1. all other options to avoid the Article 97 disposition have been explored and no feasible and substantially equivalent alternatives exist (monetary considerations notwithstanding). Note: The purpose of evaluating alternatives is to avoid using/affecting Article 97 land to the extent feasible. To that end, the scope of alternatives under consideration shall be commensurate with the type and size of the proposed disposition of Article 97 land, and must be performed by the proponent of the disposition to the satisfaction of EOEA and its agencies. The scope of alternatives extends to any sits that were available at the time the proponent of the Article 97 disposition first notified the controlling agency of the Article 97 land, and which can be reasonably obtained: (a) within the appropriate market area for private proponents, state and/or regional entities; or (b) within the appropriate city/town for municipal proponents. 2. the disposition of the subject parcel and its proposed use do not destroy or threaten a unique or significant resource (e.g., significant habitat, rare or unusual terrain, or areas of significant public recreation), as determined by EOEA and its agencies; Article 97 Land Disposition Policy February 19, 1998 3. as part of the disposition, real estate of equal or greater fair market value or value in use of proposed use, whichever is greater, and significantly greater resource value as determined by EOEA and its agencies, are granted to the disposing agency or its designee, so that the mission and legal mandate of EOEA and its agencies and the constitutional rights of the citizens of Massachusetts are protected and enhanced; 4. the minimum acreage necessary for the proposed use is proposed for disposition and, to the maximum extent possible, the resources of the parcel proposed for disposition continue to be protected; 5. the disposition serves an Article 97 purpose or another public purpose without detracting from the mission, plans, policies and mandates of EOEA and its appropriate department or division; and 6. the disposition of a parcel is not contrary to the express wishes of the person(s) who donated or sold the parcel or interests therein to the Commonwealth. III. Procedures for Disposition Although legislation can be enacted to dispose of Article 97 land without the consent of an EOEA agency, it is the policy of EOEA to minimize such occurrences. To that end, and to ensure coordination, EOEA agencies shall: 1. develop an internal review process for any potential Article 97 land disposition to ensure that, at a minimum, the conditions in Section II above are met; 2. develop, through the Interagency Lands Committee, a joint listing of all requests, regardless of their status, for the disposition of Article 97 land; 3. notify the Interagency Lands Committee of any changes to the Article 97 land disposition list; 4. monitor all legislation that disposes of Article 97 land, and communicate with legislative sponsors regarding their intent; 5. recommend to the Secretary that the Governor veto any legislation that disposes of Article 97 land, the purchase, improvement, or maintenance of which involved state funds, on and for which the EOEA agency has not been consulted and received documentation (including information on title, survey, appraisal, and a MEPA review, all at the proponent's expense); 6. obtain the concurrence of the Secretary of EOA for any proposed Article 97 land disposition decision prior to finalizing said decision; 7. if recommending an Article 97 disposition, attach to all Article 97 legislative recommendations and TR-1 forms a justification of the disposition and an explanation of how it complies with this policy, signed by the EOEA agency head; 8. ensure that any conditions approved by EOEA and its agencies to any Article 97 land disposition are incorporated within the surplus declaration statement submitted to and published by DCPO as required by M.G.L. C. 7, §40F and 40F1/2 and throughout the disposition process, and if such conditions are not incorporated in said statement throughout the disposition process, the EOEA agency head shall recommend to the Secretary that the Governor veto any resulting legislation; 9. recommend to the Secretary that the Governor veto legislation that disposes of Article 97 land of which the agency disapproves; and Page 2 of 3 Article 97 Land Disposition Policy February 19, 1998 10. ensure that any Article 97 land disposition is authorized by enacted legislation and approved by all municipal, state and federal agencies, authorities, or other governmental bodies so required and empowered by law prior to conveyance. IV. Applicability of the Policy to Municipalities To comply with this policy, municipalities that seek to dispose of any Article 97 land must: 1. obtain a unanimous vote of the municipal Conservation Commission that the Article 97 land is surplus to municipal, conservation and open space needs; 2. obtain a unanimous vote of the municipal Park Commission if the land proposed for disposition is parkland; 3. obtain a two-thirds Town Meeting or City Council vote in support of the disposition; 4. obtain two-thirds vote of the legislature in support of the disposition, as required under the state constitution; 5. comply with all requirements of the Self -Help, Urban Self -Help, Land and Water Conservation Fund, and any other applicable funding sources; and 6. comply with EOEA Article 97 Land Disposition Policy [note: the municipality must also file an Environmental Notification Form with EOEA's MEPA office]. After the effective date of this policy, any municipality that proposes, advocates, supports or completes a disposition of Article 97 land without also following the terms of this policy, regardless of whether or not state funds were used in the acquisition of the Article 97 land, shall not be eligible for grants offered by EOEA or its agencies until the municipality has complied with this policy. Compliance with this policy by municipalities shall be determined by the EOEA Secretary, based on recommendations by the EOEA Interagency Lands Committee. Trudy Coxe, Secretary Executive Office of Environmental Affairs Page 3 of 3 Part I Title VII Chapter 40 Section 15A ADMINISTRATION OF THE GOVERNMENT CITIES, TOWNS AND DISTRICTS POWERS AND DUTIES OF CITIES AND TOWNS TRANSFER OF LAND; PROCEDURE Section 15A. Whenever a board or officer having charge of land, including land acquired for playground purposes pursuant to the provisions of section fourteen of chapter forty-five, but excluding land acquired for park purposes, constituting the whole or any part of an estate held by a city or town within its limits for a specific purpose shall determine that such land is no longer needed for such purpose, whether such land was acquired before or after the effective date of this section and whether acquired by eminent domain, purchase, gift, devise or otherwise, such board or officer shall forthwith give notice of such determination to the city council of the city or the board of selectmen of the town. At any time after the receipt of such notice, the city council of the city by a two thirds vote of all its members, in the case of a city having a city manager, with the approval of said city manager, and in the case of other cities, with the approval of the mayor, or the town by a two thirds vote at a regular or special town meeting, may transfer the care, custody, management and control of such land to the same or another board or officer of the city or town for another specific municipal purpose, any provision of general or special law to the contrary notwithstanding; provided, that no such transfer shall be valid if it is in violation of any term or condition of the title of the city or town to such land. In any city or town which accepts the provisions of this paragraph, when land is being transferred for the purpose of constructing low and moderate income housing, the vote required of the city council or the town meeting shall be by a majority vote. Acts (2022) Chapter 274 AN ACT PRESERVING OPEN SPACE IN THE COMMONWEALTH SECTION 1. Chapter 3 of the General Laws is hereby amended by inserting after section 5 the following section: - Section 5A. (a) In order to use for another purpose or otherwise dispose of land, an easement or other real property interest subject to Article XCVII of the Amendments to the Constitution of the Commonwealth, a public entity, which for the purposes of this section shall include the commonwealth, any agency, authority, board, bureau, commission, committee, council, county, department, division, institution, municipality, officer, quasi -public agency, public instrumentality or any subdivision thereof shall: (i)(A) notify the public and the secretary of energy and environmental affairs and conduct an alternatives analysis demonstrating that all other options to avoid or minimize said Article XCVII disposition or change in use have been explored and no feasible or substantially equivalent alternative exists; and (B) submit the analysis to the secretary of energy and environmental affairs and make the analysis public; (ii) identify replacement land or an interest in land, which is not already subject to said Article XCVII, in a comparable location and that is of equal or greater natural resource value, as determined by the secretary of energy and environmental affairs, and acreage and monetary value, as determined by an appraisal of the fair market value or value in use, whichever is greater; and (iii) take, acquire or dedicate the replacement land or interest in said land identified pursuant to clause (ii) in perpetuity for said Article XCVII purposes. Upon request of a public entity seeking to use for another purpose or otherwise dispose of land, an easement or another real property interest subject to said Article XCVII, the secretary of energy and environmental affairs may waive or modify the replacement land requirement pursuant to clauses (ii) and (iii) of the first sentence if: (A) the disposition involves only the transfer of legal control between public entities as described in this subsection and does not involve any other change, including, but not limited to, a change allowing the land to be used for another purpose; or (B) the transfer is of a parcel that is of insignificant natural resource and recreation value and is less than 2,500 square feet in area and the transfer serves a significant public interest. (b)(1) Notwithstanding clause (iii) of subsection (a), a public entity seeking to change the use of or otherwise dispose of land subject to Article XCVII of the Amendments to the Constitution of the Commonwealth may provide funding in lieu of replacement land, or a combination of funding and replacement land or an interest in land, if the secretary of energy and environmental affairs has reported to the legislature an explicit finding that: (i) the proposed change in use or disposition serves a significant public interest; (ii) the proposed change in use or disposition will have no adverse impacts on an environmental justice population, as defined in section 62 of chapter 30 of the General Laws; (iii) the alternatives analysis required by said subsection (a) has been submitted to the secretary of energy and environmental affairs and subjected to public notice and comment and said analysis demonstrates that all other options to avoid or minimize the disposition or change in use have been explored and no feasible or substantially equivalent alternative exists for reasons specifically stated; and (iv) it is not feasible to contemporaneously designate replacement land that satisfies the requirements of said subsection (a). (2) If a public entity provides funding in lieu of or in combination with replacement land, the following conditions shall be met: (i) the amount of funding provided shall be not less than 110 per cent of the fair market value or value in use of the Article XCVII land, whichever is greater, as determined by the secretary of energy and environmental affairs after an independent appraisal; (ii) the funding provided to change the use of or otherwise dispose of: (A) municipal land shall be held in the municipality's Community Preservation Fund and dedicated solely for the acquisition of land for Article XCVII purposes or another already established municipal account for land preservation purposes or, if the municipality lacks such a fund, in a segregated account and dedicated solely for the acquisition of land for Article XCVII purposes; and (B) commonwealth land shall be held in a fund for acquiring Article XCVII land; and (iii) the funds shall be used within 3 years to acquire replacement land in a comparable location and dedicated in perpetuity for Article XCVII purposes; provided, however, that replacement lands acquired with in lieu funds shall be of equal or greater natural resource value, as determined by the secretary of energy and environmental affairs, and acreage and monetary value, as determined by an independent appraisal of the fair market value or value in use, whichever is greater. (3) The secretary of energy and environmental affairs shall annually issue a report of all of the instances in which funding was provided in lieu of replacement land in exchange for a change in the use of or disposition of an interest in land taken, acquired or designated for purposes pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth including the amount of funds provided, the account into which the funds were deposited, whether the funds were expended to acquire replacement land and, if so, a description of the land that was acquired. Said report shall be submitted annually not later than December 15th to the clerks of the senate and house of representatives and made available on the executive office of energy and environmental affairs' website. (c) A petition to the general court to authorize the use for another purpose or other disposition of land, an easement or another real property interest subject to Article XCVII of the Amendments to the Constitution of the Commonwealth shall be accompanied by: (i) an alternatives analysis conducted pursuant to subsection (a); (ii) a description of the replacement land or interest in land to be dedicated pursuant to said subsection (a), if not waived pursuant to said subsection (a); (iii) a copy of the appraisal required by said subsection (a); (iv) a copy of any waiver or modification granted pursuant to said subsection (a); and (v) if applicable, a copy of the report of the findings of the secretary of energy and environmental affairs required by paragraph (1) of subsection (b). SECTION 2. The secretary of energy and environmental affairs shall promulgate regulations to implement subsections (a) and (b) of section 5A of chapter 3 of the General Laws within 18 months after effective date of this act. Approved, November 17, 2022. TOWN OF BREWSTER SPECIAL TOWN MEETING MARCH 6TH, 2023 Barnstable, ss To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Stony Brook Elementary School, 384 Underpass Road, on Monday, March 6, 2023, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the following articles: NO FURTHER WING ISLAND BOARDWALK FUNDING ARTICLE NO. 1: To see if the Town will vote to adopt the following: No funds previously appropriated by the Town shall be expended by the Town in any way, including without limitation for staff time, or to pay any consultant or professional or outside contractor, for any design, permitting, construction, or promoting in any way of a boardwalk to Wing Island, or other re-design or modification of the existing access to Wing Island, provided that any invoice for payment submitted by such consultant or professional or outside contractor prior to the date of the warrant for this Special Town Meeting may be paid from sums previously appropriated or grants or gifts previously received; nor shall the Treasurer approve for payment any warrant for payment approved by the Select Board that includes an authorization for payment of any sums that would be in violation of this Article. It is further the sense of the Town Meeting to the Select Board, and the Select Board is hereby advised by the Town Meeting, that, no grants or gifts received by the Town which the Select Board is authorized by law to accept or expend, shall be expended for staff time, or to pay any consultant or professional or outside contractor, for design, permitting, construction, or promoting in any way of a boardwalk to Wing Island, or other re-design or modification of the existing access to Wing Island, or to take any other action relative thereto. (Citizen’s Petition) (Majority Vote Required) TRANSFER CARE, CUSTODY AND CONTROL OF WING ISLAND AND CHANGE USES ARTICLE NO. 2: To see if the Town will vote to transfer the care, custody, and control of the land acquired by the Town of Brewster pursuant to an Order of Taking dated July 14, 1961 and recorded on July 28, 1961 in Barnstable Deeds at Book 1123 Page 170 (Wing Island, so-called) from the Select Board to the Brewster Conservation Commission to be used for conservation, open space, and passive educational purposes, said land to be managed by the Conservation Commission for such purposes, or to take any other action relative thereto. (Citizen’s Petition) (Majority Vote Required) RESCIND DRUMMER BOY MASTER PLAN VOTE ARTICLE NO. 3: To see if the Town will vote to rescind its vote to accept the “2021 Drummer Boy Park Master Plan” taken under Article 12 of the November 15, 2021 Special Town Meeting or to take any other action relative thereto. (Citizen’s Petition) (Majority Vote Required) TOWN OF BREWSTER SPECIAL TOWN MEETING MARCH 6TH, 2023 You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given under our hand and Seal of the Town of Brewster affixed this 13th day of February 2023. ___________________________________ David C. Whitney, Chair ___________________________________ Edward B. Chatelain, Vice-Chair ___________________________________ Kari Sue Hoffmann, Clerk ___________________________________ Mary W. Chaffee ___________________________________ Cynthia A. Bingham I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of March 6th, 2023 by posting attested copies thereof, in the following locations in the Town on the 13th day of February, 2023. Brewster Town Offices Café Alfresco Brewster Ladies Library Brewster Pizza House Millstone Liquors _________________________________ Roland W. Bassett, Jr. Constable Select Board Meeting 02.13.23 1 For Your Information (FYIs)- Agenda Item #14 1.MassPRIM Performance Update and Report 2.Human Services Reports a.Aid Support Group of Cape Cod Report b.Sigh Loss Services, Inc. 3.Massachusetts Certified Public Purchasing Official designation 4.Town of Barnstable Weights and Measures Program Annual 2022 Report 5.Citizens Letter Regarding Town Meetings 6.Bailey Boyd Associates, Inc. Monthly Update 7.Brewster Affordable Housing Appointment to the Pond Parcel Planning Committee- Tim Hackert 8.Vision Planning Committee member liaison to the Pond Parcel Planning Committee- Suzanne Kenney 9.Vision Planning Committee resignations a.Hal Minis b.Fran Schofield 10.Zoning Board of Appeals Public Hearing Notice Case #23-4 0 Millstone Road Comprehensive Permit application 11.Citizens Petition for Warrant Article for Annual Town Meeting: Plastic Reduction 12.Letter of Support for the FY22/23 Housing Rehab & Childcare Voucher Program Application 13.Note of Thanks to the Select Board NAV $ (000) Target Allocation Range Actual Allocation % Month QTD FY '23 1 Year 3 Year 5 Year 10 Year Since Inception GLOBAL EQUITY 34,937,313 33 - 43% 38.1% -3.39 10.42 3.10 -17.90 4.30 5.26 8.35 6.17 CORE FIXED INCOME 12,607,740 12 - 18% 13.8% -1.25 0.69 -5.51 -18.26 -2.81 0.28 2.02 6.43 VALUE ADDED FIXED INCOME 6,427,494 5 - 11% 7.0% 0.01 2.96 2.13 -5.43 3.29 3.93 4.16 7.32 PRIVATE EQUITY 16,228,759 12 - 18% 17.7% 0.07 -0.51 -6.17 -4.73 26.03 22.90 20.99 15.90 REAL ESTATE 10,221,967 7 - 13% 11.2% -2.25 -0.77 -0.90 7.73 11.74 10.36 10.56 7.14 TIMBERLAND 2,972,103 1 - 7% 3.2% 2.96 3.51 3.64 8.18 7.72 5.31 6.06 8.18 PORTFOLIO COMPLETION STRATEGIES 7,839,886 7 - 13% 8.6% -0.13 0.77 0.33 -2.07 2.41 2.48 4.08 4.09 OVERLAY 364,245 0.0% 0.4% -1.90 6.36 1.66 -10.35 3.01 2.64 4.09 TOTAL CORE 91,637,386 100% 100% -1.66 4.15 -0.63 -10.83 6.58 6.74 8.30 9.18 -1.73 4.12 -0.18 -9.41 6.29 6.56 7.74 9.51 TOTAL CORE BENCHMARK (using private equity) 2 -1.28 4.98 2.16 -7.01 4.89 5.56 6.91 9.27 PARTICIPANTS CASH 242,524 0.37 0.95 1.51 1.70 0.78 1.34 0.88 3.44 TEACHERS' AND EMPLOYEES' CASH 23,073 0.36 0.94 1.47 1.67 0.76 1.32 0.87 2.31 TOTAL FUND 91,902,983 -1.65 4.14 -0.63 -10.79 6.56 6.73 8.28 9.22 PENSION RESERVES INVESTMENT TRUST SUMMARY OF PLAN PERFORMANCE RATES OF RETURN (GROSS OF FEES) Periods Ending December 31, 2022 IMPLEMENTATION BENCHMARK (using short term private equity benchmark) 1 3 IMassPRiM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer Town of Brewster State Retirees Benefits Trust Fund December 01, 2022 to December 31, 2022 Your beginning net asset value for the period was: Your change in investment value for the period was: Your exchanges from (to) the Cash Fund for the period were: Your ending net asset value for the period was: Month To Date Fiscal Year To Date Calendar Year To Date 3,325,327.30 3,294,393.09 3,691,196.18 (56,846.11) (25,911.90) (422,714.99) 0.00 0.00 0.00 3,268,481.19 Net Change in Investment Value represents the net change through investment activities as follows: Gross Investment Income: Less Management Fees: Net Investment Income: Net Fund Unrealized Gains/Losses: Net Fund Realized Gains/Losses: Net Change in Investment Value as Above: 3,268,481.19 3,268,481.19 7,074.82 41,359.21 (1,462.54) (7,974.33) 87,136.39 (17,592.06) 5,612.28 33,384.88 69,544.33 (60,026.01) (2,432.38) (56,846.11) (60,331.37) 1,034.59 (513,673.53) 21,414.21 (25,911.90) (422,714.99) As of December 31, 2022 the net asset value of your investment in the SRBT Fund was: If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. S3,268,481.19 tlMassPRlN 1 Pension Reserves Investment Mana;ement Board 84 State Street, Suite 250 Deborah 8. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer Your beginning net asset value for the period was: Your investment income for the period was: Your total contributions for the period were: Your total redemptions for the period were: Your total exchanges for the period were: Your state appropriations for the period were: Your ending net asset value for the period was: Town of Brewster Cash Investment December 01, 2022 to December 31, 2022 Month To Date Fiscal Year To Date Calendar Year To Date 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 As of December 31, 2022 the net asset value of your investment, in the Cash Fund was: If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. $0.00 iMassPRIM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer PHTF90200002 Commonwealth Of Massachusetts Town of Brewster Investment Detail 12/31/2022 Investments Units Of Participation Cost Price Market Value Unrealized Gain/Loss 13,310.802 HCST OPEB MASTER TRUST 3,264,726.56 245.5510 3,268,481.19 3,754.63 Total Investment: 3,264,726.56 3,268,481.19 3,754.63 !MassPR 1fi'I Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer PHTF90200002 Commonwealth Of Massachusetts NET ASSETS - BEGINNING OF PERIOD DISBURSEMENTS: CASH FUND EXCHANGES RECEIPTS: CONTRIBUTIONS: PARTICIPANTS INVESTMENT INCOME: UNREALIZED GAIN/LOSS-INVESTMENT MASTER TRUST ALLOCATED EXPENSES MASTER TRUST CHANGE IN REALIZED G/L MASTER TRUST INVESTMENT INCOME MT ALL INVESTMENT MANAGER FEES UNIT EXCHANGES Town of Brewster Statement of Change In Net Assets 12/31/2022 Total Receipts Total Disbursements: Net Assets - End of Period: Current Period 12/1/2022 12/31/2022 3,3 25,327.30 0.00 0.00 -50,026.01 -744.43 -2,432.38 7,074.82 -718.11 0.00 -56,846.11 0.00 Fiscal Year Year To Date 7/1/2022 12/31/2022 1/1/2022 12/31/2022 3,294,393.09 3,691,19 6.18 0.00 0.00 0.00 0.00 -60,331.37 -513,673.53 -1,607.19 -2,869.80 1,034.59 21,414.21 41,359.21 87,136.39 -6,367.14 -14,722.26 0.00 0.00 -25,911.90 -422,714.99 0.00 0.00 3,268,481.19 3,268,481.19 3,268,481.19 STATEMENT EXPLANATION Below you will find a description of each item posted to your statement. CAPITAL ACCOUNT Summary of Account Activity: Your beginning net asset value for the period: Your change in investment value for the period: Your total exchanges from (to) cash fund: Your ending net asset value for the period: Gross investment income: Management fees: Net investment income: Net fund unrealized gains/losses: Net fund realized gains/losses: CASH FUND Your beginning net asset value for the period: Your investment income for the period: Your total contributions for the period: Your total redemptions for the period: Your ending net asset value for the period: A summary statement produced for your investment in the State Retiree Benefits Trust Fund (SRBTF) includes both month -to - date and fiscal year-to-date information. This statement is also furnished to the Public Employee Retirement Administration Commission (PERAC). The total balance of your investment as of the opening date of the statement period. The total increase or decrease in your investment includes net investment income, realized gains or losses, and unrealized gains or losses. Movement of funds occurring on the first business day of each month between your Cash Fund and Capital Account (SRBTF). The total balance of your investment as of the closing date of the statement period. Represents your allocable share of the SRBTF's income associated with securities and other investments (i.e. real estate), except for realized and unrealized gains or losses. It is principally interest, dividends, real estate income, and private equity income. Represents your allocable share of the SRBTF's expenses related to PRIM' s investment advisors, consultants, custodian and operations expenses. Represents your allocable share of the SRBTF's gross investment income, less Management Fees. Represents your allocable share of the SRBTF's increase or decrease in value, attributed to a change in value of securities or other investments held in the PRIT Fund, relative to original cost. These gains or losses are "unrealized" because the investments have not yet been sold. Represents your allocable share of the SRBTF's increase or decrease in value attributed to the PRIT Fund's sale of securities or other investments (i.e. real estate property). Whether you "realize" a gain or loss depends upon the price at which the investment was sold in relation to its original purchase price. The total balance of your investment as of the opening date of the statement period. Interest earned for the period. Sum of all funds (i.e. wires and/or checks) sent into your SRBTF account during the statement period. Cash contributed any day during the month except the first business day will remain in your Cash Fund until the first business day of the following month, when it will then be exchanged into the General Allocation Account (SRBTF). Sum of all funds sent by wire from the PRIT Fund's custodian bank to your government entity during the statement period. A redemption made be made at any time throughout the month as long as your Cash Fund balance equals or exceeds the amount you wish to redeem. The total balance of your investment as of the closing date of the, statement period. If you have any questions regarding your statement, please contact the Client Services ;team at clientservice@mapension.com. January 19, 2023 Town of Brewster Attn: Susan Broderick 2198 Main Street Brewster, MA 02631-1898 Dear Susan: On behalf of the AIDS Support Group of Cape Cod, please accept this invoice for services provided in the first and second quarters of FY23 ending December 31, 2022, in the amount of $2,500.00. ASGCC services offered to all residents of Provincetown include: Anonymous Testing and Referrals; Mental Health Counseling; Daily Transportation to Medical Appointments on Cape Cod and in Boston; Food Pantry; and Emergency Housing Assistance. ASGCC services for medical case management and related support, along with testing services, were provided to 7 Brewster residents during these quarters. If you need further information, please give me a call at 508-487-9445 Sincerely, Paul D. Christenson Senior Accountant ASGCC is a 501(c)(3) non-profit. Therefore, your donation is tax-deductible to the extent allowed by law. ASGCC.ORG C 508.487.9445 ASGCC PROVINCETOWN, PO BOX 1522, PROVINCETOWN, MA 02657 PROVINCETOWN DROP -IN CENTER: 508.487.8311 HYANNIS: 508.778.1954 FALMOUTH 774.763.6656 VINEYARD HAVEN 508.693.1208 Town of Brewster Billing for Semi -Annual July 1, 2022 - December 31, 2022 Statistics through December 31, 2022 Program: Adaptive Aids Home Independence Visits Education and Awareness Information & Referral Outreach Activities Self Help Support Groups Cost for Services: BILLED AMOUNT: Contact: Fed. I.D. #:04-2998072 Sight Loss Services, Inc. 900 Route 134, Unit 3-25 South Dennis, MA 02660 #Units 27 0 79 19 37 5 30 Rate $32.76 $122.46 $22.97 $26.31 $30.12 $70.19 $44.34 Total Cost: $884.52 $0.00 $1,814.63 $499.89 $1,114.44 $350.95 $1,330.20 $5,994.63 $750.00 Archive d: Thursday, January 26, 2023 12:33:29 PM From: Donna Kalinick Se nt: Thu, 26 Jan 2023 16:55:52 +0000Authentication To: Erika Mawn Subje ct: FW: Your MCPPO Program Designation Se ns itivity: Normal Attachme nts : Donna Kalinick.pdf; Please put in the ne xt FYI From: MA-IGO-TRAINING (IGO) <ma-igo-training2@state.ma.us> Se nt: Thursday, January 26, 2023 10:46 AM To: Donna Kalinick <dkal i ni ck@brewster-ma.gov> Subje ct: Your MCPPO Program Desi gnation Dear Applicant: Congratulations! We are pleased to inform you that we have approved your application for the M CPPO designation. Award of this designation demonstrates your commitment to excellence in public procurement. You are among an elite group of public sector professionals to earn a Massachusetts Certified Public P urchasing Official designation. This designation is valid for three years. Attached, please find your electronic MCPP O designation certificate. This is the only certificate you will receive as we no longer provide paper copies. If you would like to print a copy of this designation, then we suggest you print the designation on cardstock or heavy weight paper (11 in x 8 1/2 in) using a color printer. As you know, to maintain your designation you must keep your knowledge and skills up to date by earning 25 continuing education credits every three years. These credits must include completion of our 14 credit MCPPO Designation Renewal class and an additional 11 continuing education credits. Please visit our website for additional details about the renewal process and how to earn additional credits. Upon earning your required credits, you must apply to have your designation renewed. The renewal application may also be found on our website. The MCPPO program webpage, publications and other public materials may include names of MCPPO designation holders. Information may be placed in a searchable electronic database and include designation issuance and/or expiration date. By applying for a designation you expressly agree to the use of the aforementioned information by the Massachusetts Office of the Inspector General’s MCPPO program. If you have any questions, we can be reached by telephone at (617) 722-8884 or by email at MA-IGO-training@mass.gov. Congratulations on your achievement! Thank you for your participation in the MCPPO program. Sincerely, The MCPPO Program Massachusetts Offi ce of the Inspector General One Ashburton Pl ace, Room 1311 Boston, MA 02108 MA-IGO-Trai ni ng@mass.gov www.mass.gov/ig NOTICE: This e mail me ssage and al l attachments transmitted with it may contai n information that i s confi dential pursuant to M.G.L. c. 12A, §13 and protecte d by the attorney-client or othe r applicabl e privileges. It i s inte nde d solely for the use of the designated reci pient identi fied above . If you are not an i ntended re ci pi e nt of this me ssage , please noti fy the sende r by e mail and de l e te all copi e s of it from your computer system. Any use, di sse mi nati on, distributi on, or re producti on of thi s message by uni ntended recipi e nts i s not authori ze d and may be unlawful . e commonwealth Massachusetts of Massach �h s Office of the Inspector General Hereby designates Donna Kalinick as a Massachusetts Certified Public Purchasing Official (MCPPO) December 31, 2022 This designation expires three years from the date of issuance &i.eoi, ‘0.17-4-t$ Jeffrey S. Shapiro Inspector General o,c,,,o, ,. MCPPO Excellence in Public Procurement January 26, 2023 Ms. Donna Kalinick Assistant Town Administrator Brewster Town Hall 2198 Main Street Brewster, MA 02631 Dear Ms. Kalinick, Enclosed is your copy of Brewster’s Annual Report of the Sealer of Weights and Measures submitted to the Massachusetts Division of Standards for the calendar year 2022. A copy has been sent to the Division of Standards directly, fulfilling the Town of Brewster’s obligation to report these mandated inspections and components of the weights and measures program contracted with the Town of Barnstable under M.G.L Chapter 98 section 37. Several changes have taken place during 2022: the Barnstable Weights and Measures Program office has recently relocated to a new office space in the Town’s School Administration Building. In addition, Barnstable’s longtime Sealer of Weights and Measures, Jane Zulkiewicz, retired in August, but has agreed to stay on, in a part time capacity, to assist us as we transition. Lastly, I have been promoted from an Inspector of Weights and Measures with the Town of Barnstable, a job I have done for the last 12 years, into the position of Sealer of Weights and Measures/Program Manager. Even with all these changes, we continued to conduct inspections and are confident the program will continue to ensure equity in the marketplace for years to come. If you have any comments or questions regarding this information please contact me at (508) 862-4776 or by e-mail at kevin.friel@town.barnstable.ma.us We look forward to servicing your community in 2023. Kind Regards, Kevin Friel Town of Barnstable Sealer of Weights & Measures/Program Manager 230 South Street Hyannis, MA 02601 Town of Barnstable Inspectional Services Department Weights & Measures Program 230 South Street, Hyannis, MA 02601 www.town.barnstable.ma.us Telephone: 508-862-4671 Fax: 508-778-2412 Brian Florence, Director Jeff Carter, Deputy Director ____________________ Kevin Friel Sealer of Weights & Measures Program Manager Questions Answer Explanation City/Town:Brewster Sealer's name:Kevin Friel appointed Sealer of Weights and Measures 11/25/2022 Jane Zulkiewicz retired August 2022 Sealer's personal and work email addresses:kevin.friel@town.barnstable.ma.us Sealer's personal and work phone numbers:508-862-4671 Business (Office) Address Location of Weights and Measures Office:230 South Street Hyannis MA 02601 Sealer's Complete Residential Address: In the order showed below, please enter the information that apply: Supervisor's name, phone and email address: City/Town Chairman/Chairwoman/Mayor/Manager's name, phone and email address: City/Town Clerk's name, phone and email address: Director of Inspectional Services-Florence, Brian <Brian.Florence@town.barnstable.ma.us> 508-862-4030; Town Manager-Peter Lombardi, plombardi@brewster-ma.gov 508-896-3701 X1128; Town Clerk-Colette Williams, townclerk@brewster-ma.gov 508-896-4516 Has your City/Town established a Consumer/Merchant Fund? Enter YES or NO. If YES, what is the year end account balance? Enter dollar amount ($)Yes $167,819 Enter the total amount ($) year end fees collected for the following (copy the list format below and paste it into the answer box to submit your response(s): $454,854.65 Total cost of department, including salary, equipment, transportation, training and all other expenses. Enter dollar amount ($)$573,365.64 Location of Standards 367 Main Street Hyannis MA 02601 All equipment to be certified in 2023 at State Lab Select the ones which still are within your jurisdiction: Avoirdupois Weights - 50 lb.X Avoirdupois Weights - 25 lb.X Avoirdupois Weights - 20 lb.X Avoirdupois Weights - 10 lb.X Avoirdupois Weights - 5 lb.X Avoirdupois Weights - 1 lb.X Avoirdupois Weights - 8 oz.X Avoirdupois Weights - 4 oz.X Avoirdupois Weights - 2 oz.X Avoirdupois Weights - 1 oz.X Avoirdupois Weights - 1/4 oz.X Avoirdupois Weights - 1/16 oz. Capacity Measures - ½ bu.X Capacity Measures - ¼ bu.X Capacity Measures - 1/16 bu.X Capacity Measures - 1 gal.X Capacity Measures - ½ gal.X Capacity Measures - 1 qt.X Capacity Measures - 1 pt.X Capacity Measures - 1 gill X 50 lb. 25 lb. 20 lb. 10 lb. 5 lb. 4 lb. 2 lb. 1 lb. 8 oz. 4 oz. 2 oz. 1 oz. ½ oz. 1/8 oz. 1/32 oz. Apothecary - 2 drams X Apothecary - 1 dram X Apothecary - ½ dram X Apothecary - 1 scruple X Apothecary - 10 grains X Apothecary - 5 grains X Apothecary - 1 grain X Apothecary - 0.5 grain X Apothecary - 0.1 grain Metric - 50 grams X Metric - 20 grams X Metric - 10 grams X Metric - 5 grams X Metric - 1 gram X Metric - 500 mg X Metric - 200 mg X Metric - 100 mg X Metric - 50 mg X Metric - 20 mg X Metric - 10 mg X Troy - 1lb. Troy -5 oz. Troy -2 oz. Troy -1 oz. Troy -10 dwt. Troy -5 dwt. Troy -2 dwt. Division of Standards 1000 Washington Street, Suite 510, Boston, MA 02118 (617) 727-3480 James.Cassidy@mass.gov Annual Report 2022 Section 57. The director of the office of consumer affairs shall prepare and submit to the governor, the general court and the senate and house committees on post audit and oversight an annual report of the acts of the division of standards. Said report shall include a description of the activities of inspectors of the division of standards and sealers for cities and towns, a description of the components of the weights and measures program, including but not limited to, an inventory of all weighing and measuring devices and equipment held by the division of standards, the most recent date of certification for each device or piece of equipment, total inspection results by category, results of tests performed pursuant to section 56D, total citations issued by category, and the net loss restored to consumers and merchants as a result of its enforcement program. Troy -1 dwt. Decimal - .2 lb.X Decimal - . 1lb.X Decimal - .05 lb.X Decimal - .02 lb.X Decimal - .01 lb.X Decimal - .005 lb.X Decimal - .002 lb.X Decimal - .001 lb.X Customary - 32 liq. oz. by ½ oz. Customary - 16 liq. oz. by ¼ oz. Customary - 8 liq.oz. by 1/8 oz. Customary - 4 liq.oz. by 1/16 Customary - 2 liq.oz by 1/16 Customary - 1 liq.oz oz. by ¼ dram Metric - 1,000 ml. by 10 ml. Metric - 500 ml. by 5 ml. Metric - 250 ml. by 2 ml. Metric - 100 ml. by 1 ml. Metric - 50 ml. by 0.5 ml. Metric - 25 ml. by 0.2 ml Metric - 10 ml. by 0.1 ml. 5 gals. 1 gal. ½ gal. 1 qt. 1 pt. ½ pt. 1 gill ½ bu. ¼ bu. 1/8 bu. 1/16 bu. 1/32 bu. Standard Measuring Flask U.S. Customary - 16 liq.oz.X State lab unable to certify Standard Measuring Flask U.S. Customary - 8 liq.oz.X Standard Measuring Flask U.S. Customary - 4 liq.oz.X Standard Measuring Flask U.S. Customary - 2 liq.oz.X Standard Measuring Flask U.S. Customary - 1 liq.oz.X Standard Measuring Flask U.S. Customary - 4 liq. Drams graduated in minims Standard Measuring Flask Metric Units - 500 ml. Standard Measuring Flask Metric Units - 250 ml. Standard Measuring Flask Metric Units - - 100100 ml. Standard Measuring Flask Metric Units - 50 ml. Standard Measuring Flask Metric Units - 2525 ml. Test Measures for Gasoline Pumps - 5 gals. X 6/13/2023 Test Measures for Gasoline Pumps - 4 gals. Test Measures for Gasoline Pumps - 3 gals. Test Measures for Gasoline Pumps - 2 gals. X Test Measures for Fuel Oil Meters 200 gals X 6/13/2023 Test Measures for Fuel Oil Meters 100 gals X 6/13/2023 Test Measures for Fuel Oil Meters 50 gals In the following order, using the M/D/YYYY format enter the LAST DAY OF CERTIFICATION for each Standard (copy the list format below and paste it into the answer box to submit your answers): All equipment due 2023 will be brought to the Lab by next month, larger standards in the spring Steel Rule 0 Annual Seals GREEN/RED 10,000 Yard Measure 0 Not Sealed Labels 275 Steel Tape 3 Condemning Tags 50 Steel Dies 6 Hopper Funnel 4 Lead or Wire Press 7 Level 3 Lead or Wire Seals 1,400 Receipt Books 0 Fiber/Aluminum Seals 0 Inspection Pads 0 Sealing Clamp 0 Mass.Gen. Laws and CM Reg’s pertaining to Weights and Measures 4 Reweighing Books 0 500 Internal forms Handbooks 44, 130, 133 4 SCALES - Adjusted. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Cap. Over 10,000 lbs.5,000 -10,…Cap. Over 10,000 lbs.5,000 -10,… 12 SCALES - Sealed. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Cap. Over 10,000 lbs.:5,000 -10,0...Cap. Over 10,000 lbs.:5,000 -10,0… 27 SCALES - Condemned Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Cap. Over 10,000 lbs.:5,000 -10...Cap. Over 10,000 lbs.:5,000 -10,0… 2 SCALES - SEALING FEE ($) CHARGED PER DEVICE: Cap. Over 10,000 lbs.:5,000 -10,000 lbs.:100 -5,000 lbs.:Under 100 lbs.:Balances:Cannabis Balances:Enter dollar amount. $275; $145; $90; $60 WEIGHTS - Adjusted. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Avoirdupois:Metric:Troy:Apothe...Avoirdupois:Metric:Troy:Apothe… 0 WEIGHTS - Sealed. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Avoirdupois:Metric:Troy:Apoth... Avoirdupois:Metric:Troy:Apothe… 2 WEIGHTS - Condemned. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Avoirdupois:Metric:Troy:Apoth...0 WEIGHTS - SEALING FEE ($) CHARGED PER DEVICE: Enter dollar amount. If different fees apply for different type of weights, please enter amount next to device name, if the fee is the same for all device. $10 VOLUMETRIC MEASURING DEVICES - Adjusted. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none:Vehicle Tank... Enter 0 (zero) if none:Vehicle Tank… 0 VOLUMETRIC MEASURING DEVICES - Sealed. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none:Vehicle Tank...Enter 0 (zero) if none:Vehicle Tank… 0 VOLUMETRIC MEASURING DEVICES - Condemned. Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none:Vehicle Tank ... Enter 0 (zero) if none:Vehicle Tank… 0 VOLUMETRIC MEASURING DEVICES - SEALING FEE ($) CHARGED PER DEVICE. Enter dollar amount. If different fees apply for different type of devices, please enter fee amount next to device name $120 AUTOMATIC LIQUID MEASURING DEVICES - Adjusted: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 0 AUTOMATIC LIQUID MEASURING DEVICES - Sealed: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 21 AUTOMATIC LIQUID MEASURING DEVICES - Condemned: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 0 AUTOMATIC LIQUID MEASURING DEVICES- SEALING FEE ($) CHARGED PER DEVICE. Enter dollar amount. If different fees apply for different type of devices, please enter fee amount next to device name, if the …$60 OTHER AUTOMATIC MEASURING DEVICES - Sealed: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 3 OTHER AUTOMATIC MEASURING DEVICES - Adjusted: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 0 OTHER AUTOMATIC MEASURING DEVICES - Condemned: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 0 OTHER AUTOMATIC MEASURING DEVICES - SEALING FEE ($) CHARGED PER DEVICE. Enter dollar amount. If different fees apply for different type of devices, please enter fee amount next to device name, if the ...$40 LINEAR MEASURES - Sealed: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Yardsticks:Tapes:0 LINEAR MEASURES - Adjusted: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Yardsticks:Tapes:0 LINEAR MEASURES - Condemned: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Yardsticks:Tapes:0 LINEAR MEASURES - SEALING FEE ($) CHARGED PER DEVICE. Enter dollar amount. If different fees apply for different type of devices, please enter fee amount next to device name. $30 SCANNING SYSTEMS - Sealed: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: Number Scanning System…3 SCANNING SYSTEMS - Adjusted: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 0 SCANNING SYSTEMS - Condemned: Enter quantity of total for the year, just copy the list below and paste it into the answer box to submit your responses. Enter 0 (zero) if none: 0 ENTER TOTAL NUMBER OF DEVICES INSPECTED DURING 2022 56 Bread, Butter, Flour and Confectionery (Sugar) - Amount Saved to Consumers ($)0 Bread, Butter, Flour and Confectionery (Sugar) - Amount Saved to Merchants($)0 Fruits, Vegetables, Potatoes, Meats - Amount Saved to Consumers ($)0 Fruits, Vegetables, Potatoes, Meats - Amount Saved to Merchants ($)0 Liquid Commodities, such as Milk - Amount Saved to Consumers ($)0 Cannabis Products - Amount Saved to Merchants ($)0 Cannabis Products - Amount Saved to Consumers ($)0 OTHER COMMODITITIES - Amount Saved to Consumers ($)0 OTHER COMMODITITIES - Amount Saved to Merchants ($)0 TOTAL SAVINGS ON COMMODITITIES TO Merchants ($)0 TOTAL SAVINGS ON COMMODITITIES TO Consumers ($)0 Gasoline Meters - Amount Saved Consumers ($)0 Gasoline Meters - Amount Saved Merchants($)0 Vehicle Tank Meters (Heating Oil) - Amount Saved Consumers ($)0 Vehicle Tank Meters (Heating Oil) - Amount Saved Merchants ($)0 Item Pricing / Scanning Errors - Amount Saved Consumers ($)730 Item Pricing / Scanning Errors - Amount Saved Merchants ($)0 OTHER SAVINGS TO Merchants ($)0 OTHER SAVINGS TO Consumers ($)1,752 TOTAL SAVINGS TO Merchants ($)0 TOTAL SAVINGS TO Consumers ($)2,482 Do you keep a permanent record on file of all individual inspections and reweighing's?Yes Peddler’s Licenses 0 Transient Vendors 0 Fuel Oil Delivery Certificates 0 Marking of: Bread:Food Packages:0 Scales 27 Other Inspections 29 Measure Containers 0 Retest of gasoline devices after sealing 0 Number of retail outlets required to: Have scanning system tested:Post Unit Pricing:Post Consumer Notice:7 Number of Scanning Inspections 3 A precentage are done every 24 month period Number of Unit Pricing Inspections 0 Number of Unit Pricing prosecutions and hearings 0 Miscellaneous Inspections and Tests 2 2 complaints investigated Reweighing and re-measurements made for municipality (specify commodity and quantity)0 Brewster Adj Seal Not Sealed Cond Sealing Fees Reinp Fees Device Fines PV Fines IP Fines PK.CH. Fines VFH Safety C.C. Fines Scales A Cap Over 10,000 lbs 2 1 550 100 B 5,000 - 10,000 lbs C 100 - 5,000 lbs 1 3 1 260 100 D Under 100 lbs 10 20 3 1140 E Under 10 lbs 1 2 115 Balances Weights Avordupois 1 1 10 Metric Troy Apothecary 1 2 10 Automatic Meters, Inlet 1" or less Liquid Gasoline 21 1140 Measuring Oil, Grease Vehicle Tank Meters Bulk Storage Meters Other Taximeters Automatic Leather Measuring Measuring Wire/Cordage Cloth Measuring Reverse Vending 3 60 Linear Yardsticks Measures Tapes Scan Scan - Above 98%3 285 200 200 Scan - Below 98% Complaints 2 Pkg. Check UPC IP not Fined 4 Totals 12 56 6 2 3570 200 200 200 Fees:$3,770.00 Fines:$400.00 Total:$4,170.00 230 South Street Town of Barnstable Weights and Measures Program From 1/1/2022 to 12/31/2022 Office: 508-862-4671 Fax: 508-778-2412Hyannis, MA 02601 www.town.barnstable.ma.us 1/27/2023 1:03:40 PM February 1, 2023 Dear Brewster Select Board, We are young professional residents of Brewster, writing to share feedback about the current town meeting process in hopes of improving accessibility for parents of young/school aged children. We are residents of Brewster for a range of 2.5 to 30 years and strive to be active participants in our town. However, there are several barriers that make it very challenging for parents of young/school aged children to participate in this vital part of our local democracy. As you are likely aware, there are many negative pressures facing young families in Brewster and Cape Cod more broadly – the astronomical cost of housing and the lack of affordable and available childcare are primary issues. It seems in the best interest of our town to facilitate a process that will engage all members of our community. Particularly opening space for the younger generations who have a lot to lose or gain looking at their future trajectory within this town but are currently inhibited by the current schedule / process of town meeting. We hope that you take these concerns seriously and look at all possible ways to enable and encourage young professionals and parents of young/school aged children to be active participants in the town meeting process. Below are some key challenges and potential solutions that have been identified. This is not an exhaustive list but should be a good starting place for consideration. Challenges: • Holding town meetings on weekday nights poses several challenges. For parents with young children and early bedtimes, this timeframe is very challenging and means maybe one parent can go, if any at all. • For families with older school aged children, opting into the childcare offered at town meeting is helpful, however when town meeting goes to 11 PM (as it did most recently), parents are excluded from fully participating. Additionally, many professionals need to be up early in the morning and staying out for town meetings late into the night is not an option. We personally watched the numbers dwindle in the last town meeting as we passed the 3rd hour. • Holding town meetings in the evening could also be a barrier for older residents who may not feel comfortable driving in the dark, especially at such a late hour. Possible Solutions: • One compelling solution is to hold town meetings on Saturday morning or afternoon, which would remove the conflict of children’s bedtimes and eliminate many of the issues above. We realize that there might be conflict with kids’ weekend sports / activities, but with town meetings only twice a year, we believe the impact would be smaller than the challenges faced with the current timing. • Alternatively, if a town meeting is held on a weekday night, the select board should consider putting a hard stop at 9 PM and continuing the meeting the following evening if necessary. • Another key solution is to have a robust childcare offering for a range of ages. Partnering with local childcare organizations or the Brewster schools to have trained childcare providers and teachers would be greatly beneficial. A childcare offering should also be highly publicized well in advance so families can confidently put Town Meeting on their calendar. Building reliable childcare into the town budget and meeting planning would make town meetings much more accessible. • Hold Spring town meetings outside where children can run around, utilize the playground and be within reach of their parents. Spring Town Meeting 2021 and the special town meeting regarding Sea Camps during COVID were great examples of this and in the view of many, two of the best town meeting experiences (they also occurred on a Saturday). Many brought their children and kids could be seen running around in the outfield. Adding a tent rental so that there is shade would also be something to consider to avoid the shared miserably hot experience that was Spring Town Meeting 2022. There is an added benefit here of integrating children into the town meeting process (rather than separating them from it) which could have positive outcomes on shaping their view of democracy and civic engagement. We want to raise these suggestions sooner than later, as they do have budget and planning implications that we would hope can be addressed prior to the Spring town meeting. From our vantage point, it would greatly benefit the town to show young residents and families that the town values their participation and future by investing in and facilitating a space where more residents can participate in the town governing process. At a minimum, town meetings should be inclusive and accessible to the greatest number of residents. We would welcome and ask for the opportunity to discuss this with the Select Board, and / or would be open to a forum as a method to open the discussion with the community. We are currently gathering support from other residents in hope that adjustments will be made to our town meeting, to move towards a process that is not only inclusive, but a positive community experience that we can all plan for and look forward to. Sincerely, Devin McGuire (3904 Main Street) Marissa Cyr (3904 Main Street) Sarah Nitsch (171 Maclean Road) Rob Nitsch (171 Maclean Road) Casey Chatelain (25 Quaker Lane) TO: Donna Kalinick, Jill Scalise, Peter Lombardi, Town of Brewster FROM: Cassie Boyd Marsh, Bailey Boyd Associates, Inc. DATE: February 1, 2023 RE: FY21 Brewster CDBG Program Monthly Update Administration: The administration of the grant continues to go well, with funds moving steadily and DHCD reports submitted on time with positive feedback. We’re thrilled to have the Select Board’s approval to move ahead with the FY22/23 application and are making steady progress. All staff across the program are working together to create a competitive, compelling application. We’re on track to submit before the March 3rd deadline. Housing Rehabilitation: There are currently 10 projects in the pipeline for the FY21 Housing Rehab program. 3 have been completed. 2 are awaiting septic work (we’re seeing significant delays with septic engineers and supplies) and 3 are currently under construction, on track to be completed in a few weeks. Then there is one project out to bid for construction and another working through the pre-bid phases of project intake. With those projects moving ahead steadily, TRI has started working with the next 5 applicants from the waitlist assisting with the income qualification and program approval phases. To date, the work being done on homes has consisted primarily of septic, accessibility (primarily in bathrooms), siding and windows. Through significant struggles over the past year in sourcing shingles for projects, TRI staff has worked with participating contractors and secured a better source with shorter wait times. We’re hoping that will decrease the delays for projects awaiting siding supplies. Childcare Subsidy Program: The childcare program continues to see new applications- we’ve received 20 to date. And of the 15 children currently approved, we’re utilizing the program funds steadily. We’ve encumbered just shy of 50% of the total allotment for the year and expect to continue allocating funds over the coming months. The 15 participating children are currently attending 10 different licensed childcare providers, ranging from small in-home daycares to before & after-school programs for school-aged children. BREWSTER, MA 02631 February 2, 2023 Brewster Select Board 2198 Main Street Brewster, MA 02631 Re: Letter of interest for Pond Property Planning Committee To the Select Board: This letter is to inform you of my interest in serving on the Pond Property Planning Committee. We have been summering in Brewster since the early 1980s. We purchased a residence in Brewster in 1996. We have been full time residents of Brewster since late 2016. Our children attended the Cape Cod Sea Camps. I have been a member of the Brewster Affordable Housing Trust since its inception and am now the Chair of the BAHT. I am a member (appointee of the BAHT) of the Brewster Covid Fund. I volunteered to serve as the replacement appointee of the BAHT to the Pond Property Planning Committee when the original appointee of the BAHT resigned and was selected by the BAHT as its replacement appointee if approved by the Select Board. I attended as a citizen the most recent meeting of the Pond Property Planning Committee and am familiar with its work. I am involved with the work of the Brewster Conservation Trust and the Brewster Ponds Coalition. I do volunteer work at Audubon in Wellfleet and at the Cape Cod National Seashore. I worked in commercial real estate beginning in 1979 and ending when I retired in late 2016. I am committed to the work of the Pond Property Planning Committee and possess the skills and the experience to assist with and enhance the work of the Pond Property Planning Committee. If you would like any further information or would like to meet with me, please contact me. Thank you for your consideration of me as an appointee to the Pond Property Planning Committee. Regards, Timothy Hackert 2/10/2023 To Brewster Select Board, I would like to express my interest in being a liaison to the Pond Property Planning Committee as a member of the Vision Planning Committee. Hal Minis who served in this capacity has recently resigned from the VPC and I have been asked and am more than willing to serve in the vacancy created from Mr. Minis’s resignation. Thank you for your consideration. Sincerely, Suzanne Kenney Archive d: Friday, February 10, 2023 2:55:36 PM From: Hal Minis Se nt: Fri, 13 Jan 2023 17:37:55 To: Peter Lombardi Cc: 'Kari Hoffmann'; Jonathon Idman; 'Sharon Tennstedt' Subje ct: VPC Se ns itivity: Normal Greeti ngs Pe ter, By thi s message, I woul d like to inform you that I am resigni ng from the V i si on Planni ng Commi tte e . I came to this decision, as my fami l y will confirm, seve ral months ago to have more ti me for my personal life. My goal was to ge t the LCP to Fall Town Meeti ng which has been done. Whi l e I am di sappointe d wi th the Town Me e ting re sul ts and the uncertainty over when a revi se d LCP will be brought to Town Me e ting, I am confident that it will be approve d whe n it is brought forward. I be l i e ve that the LCP is a sol i d document that has strong communi ty support and will provi de useful gui dance to the Town for many years. The de velopment of the LCP would not have been possi bl e without the hard work and commitme nt of all me mbe rs of the Vision Pl anning Commi tte e . I thank them for the i r hard work and col l e gial i ty – it was an honor to lead the m. The LCP also coul d not have be e n deve l ope d wi thout your commitme nt to a strong pl an that re flects our town’s priori ties. Thank you. And finally, thanks to the Bre wste r Pl anning De partment for their unfailing and sustai ne d support throughout the Committee’s work. I l ook forward to voti ng to bring the LCP to life at Town Meeti ng. Hal Mi ni s Archive d: Friday, February 10, 2023 2:55:39 PM From: Fran Schofield Se nt: Fri, 3 Feb 2023 00:12:10 To: Peter Lombardi Cc: Sharon Tennstedt Subje ct: Brewster Vision Planning Committee Participation Se ns itivity: Normal Dear Peter, Regretfully, I am writing to tender my official resignation from the Brewster Vision Planning Committee. I have very much appreciated the opportunity to serve the town and work with other committee members, town staff, committee representatives and consultants. As you may know, my husband's illness with ALS necessitated my withdrawal from active committee involvement last year. His passing in N ovember has presented a new set of challenges and responsibilities requiring my immediate attention. As such, I believe I'm unable to properly fulfill the time commitment and responsibilities of the BVPC. Thank you again for this opportunity and my best wishes to the committee for success with their ongoing efforts. Sincerely, Fran Schofield -- Fran Schofield Berkshire Hathaway Home Services | Robert Paul Properties Cape Cod | Boston | South Coast | South Shore fschofield@robertpaul.com franschofield.robertpaul.com/ NOTICE: This e-mail c onfirms that Robert Paul Properties (“RPP”) acts solely as a Lic ensed Real Estate Broker. Neither RPP nor any of its agents or employees has authority to legally bind any other party in any real estate trans ac tion. Neither this e-mail nor any other electronic transmission sent by RPP or any of its agents or employees shall c onstitute consent to concluding binding trans ac tions via electronic means or c reate a binding commitment until and unles s a suffic ient writing is s igned by the party or parties to be bound. January 23, 2023, Town of Brewster Zoning Board of Appeals Abutter Notification of Public Hearing To the Abutters: You are hereby notified that a public hearing will be held virtually, recorded at Brewster Town Hall, 2198 Main Street, Brewster, MA on Tuesday, February 7, 2023, at 7:00 pm with respect to this application: ZBA Case #23-04 Applicants: Preservation of Affordable Housing, Inc. & Housing Assistance Corporation, 0 Millstone Road, Map 98, Lot 12-0. The applicants seek a Comprehensive Permit to construct 45 affordable rental units on 16.6 acres, pursuant to MGL Chapter 40B, Section 21-23. As an abutter, you have the right to offer comments, if you so desire, by email to zbameeting@brewster-ma.gov or by letter addressed to the Brewster Zoning Board of Appeals. Any plans or additional materials which have been filed with the Board will be provided for review electronically upon request. If you would like to request materials for review or have any questions, please contact the Zoning Board of Appeals at brewplan@brewster- ma.gov. Th By DATE and TIME received PETITION FOR INSERTION OF THE FOLLOWING ARTICLE IN THE WARRANT FOR THE TOWN MEETING OF Brewster TOWN: We, the undersigned Registered Voters of the Town, hereby petition your honorable board to insert the following Article in the Warrant for the Town Meeting of Brewster. To see if the Town will vote to amend the Town's General Bylaw by inserting a new bylaw entitled, Plastic Reduction, as follows, and to authorize the Town Clerk to assign appropriate numbering therefor: CHAPTER : PLASTIC REDUCTION This bylaw is enacted pursuant to the general police power in order to protect the health. safety and welfare of the inhabitants of the Town. Effective Date This Bylaw shall take effect on September 1, 2024. Purpose and Intent Plastic food containers and single -use utensils form a significant portion of the solid waste stream going into landfills. Local landfills are running out of room; our future solid waste may have to be transported hundreds of miles to a landfill at considerable cost. Plastic food containers are not recyclable, nor are they biodegradable. Once buried in our landfills, they will persist for centuries. If incinerated the toxins in plastic are linked to cancer and threaten our air quality. Appropriate alternative and sustainable products are readily available from the vendors used by local food establishments; cooperative bulk buying arrangements are possible. Thus, elimination of plastic food containers and utensils is in the best interest of the health and welfare of Town inhabitants. Definitions "Disposable Food Service Container" means single -use disposable products for serving or transporting prepared, ready -to -consume food. This includes plates, bowls, trays, hinged or lidded containers, and utensils. "Food Establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, as further defined in 105 CMR 590.002. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000, et. seq., shall be considered a Food Establishment for purposes of this Bylaw. "Plastic" is defined as any type of plastic resin, which may contain recycled material, and may be sold as recyclable, biodegradable, or compostable The material is commonly categorized in terms of #1, #2, #3, #4, #5, #6, #7; plastic as referenced includes all categories. "Prepared Food" means any food prepared for consumption on the Food Establishment's premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. "Town Facility" means any building, structure, land, or park owned or operated by the Town of Brewster, its agents and departments. "Town Facility Users" means all persons, societies, associations, organizations, or special event promoters who require a permission to use a Town Facility. Town Facility Users also includes concession contracts with the Town, Town -managed concessions, Town -sponsored events, and food services provided at the Town's expense. Prohibition A. Except as provided herein, Food Establishments are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers and utensils made from Plastic. B. Town Facility Users are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers made from Plastic and providing utensils made from Plastic. Public and private schools, educational institutions, summer camps, childcare facilities, and other childcare programs approved to participate in USDA Child Nutrition Programs are exempt. Administration and Enforcement. This Bylaw is enforced by the Town Administrator, or any committee appointed by them. Any Food Establishment or Town Facility User which violates any provision of this Bylaw shall be subject to the following penalties: First Offense: Written warning 2nd Offense: $150 fine 3rd Offense and Subsequent Offenses: $300 fine Any such fines collected shall be payable to the Town of Brewster. Each day the violation continues constitutes a separate violation. After detection of an initial violation, the designated inspection authority will be required to verify subsequent compliance until compliance with this bylaw is established. All businesses will be routinely inspected until the Town Administrator deems the inspection to be no longer be required. INFORMATION INSTRUCTIONS TO SIGNERS For your signature to be valid, you must be a registered voter in the town named above and your signature should be written substantially as registered. If you are prevented by physical disability from writing you may authorize some person to write your name and residence in your presence. SIGNER'S STATEMENT We, the undersigned, are qualified voters of the Town of Brewster an in accordance with the provisions of law requ st the above article be inserted in the warrant for NW i. the . Town Meeting of Brewster. VCHFCK I SIGNATURE to be made substantially as registered (except di bility as stated above) by, Ata,_, in person with name in case of physical U yI 1 --' , qq_4 ll NOW REGISTERED AT (street, number and apartment number, if any) (city or town will be the same as stated above) Li), aolke, PRECINCT 2 UHF �tk.A ." --1'L--_ Cr`C Li ATTENTION VOTERS: Before signing; read signer information on other side. ATTENTION REGISTRARS: Before certifying signatures, see instructions to registrars below Brewster TOWN x I SIGNATURE to be made in person with name substantially as registered (except in case of physical disability as stated above) II NOW REGISTERED AT ( � number (street, and apartment number, if any) (city or town will be the same as stated above) PRECINCT / ' i 7/f % 'Id ,L2C 7,7e' .1Z1s - (>4L2-�.i /67 7 S/ ,& -4 7 2_ C-6. = PD -,4 1—,)' t1, c 6 7 8 9 10 11 12 13 14 15 16 4 ; I 17 18 19 20 21 } 22 23 24 25 WARNING — criminal penalty for unlawfully signing, altering, defacing, mutilating, destroying or suppressing this petition: fine of up to $1,€r00 or imprisonment for up to 1 year. REGISTRAR INFORMATION INSTRUCTIONS TO REGISTRARS • You must time stamp or write in date and time these papers are received • Check thus V against the name of each qualified voter to be certified. For names not certified use the code at the right. • Draw a line through any blank spaces not containing signatures. • Each sheet must be certified by at least three registrars. A facsimile stamp is acceptable. • For names not certified use the code to the right. N —No such registered voter at that address S — unable to identify signature or address as that of voter because of form of signature or address T — already signed this petition CERTIFICATION OF NAMES town month and day We certify that number of names use numbers and words At least three registrars names must be signed or stamped below. above signatures checked thus V are the names of qualifiec voters from this town. Registrars of voters or Election commissioners of town PETITION FOR INSERTION OF THE FOLLOWING ARTICLE IN THE WARRANT FOR THE TOWN MEETING OF Brewster DATE and TIME received TOWN: We, the undersigned Registered Voters of the Town, hereby petition your honorable board to insert the following Article in the Warrant for the Town Meeting of Brewster. To see if the Town will vote to amend the Town's General Bylaw by inserting a new bylaw entitled, Plastic Reduction, as follows, and to authorize the Town Clerk to assign appropriate numbering therefor: CHAPTER : PLASTIC REDUCTION This bylaw is enacted pursuant to the general police power in order to protect the health, safety and welfare of the inhabitants of the Town. Effective Date This Bylaw shall take effect on September 1, 2024. Purpose and Intent Plastic food containers and single -use utensils form a significant portion of the solid waste stream going into landfills. Local landfills are running out of room: our future solid waste may have to be transported hundreds of miles to a landfill at considerable cost. Plastic food containers are not recyclable, nor are they biodegradable. Once buried in our landfills, they will persist for centuries. If incinerated the toxins in plastic are linked to cancer and threaten our air quality. Appropriate alternative and sustainable products are readily available from the vendors used by local food establishments: cooperative bulk buying arrangements are possible. Thus, elimination of plastic food containers and utensils is in the best interest of the health and welfare of Town inhabitants. Definitions "Disposable Food Service Container" means single -use disposable products for serving or transporting prepared. ready -to -consume food. This includes plates, bowls, trays, hinged or lidded containers. and utensils. "Food Establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, as further defined in 105 CMR 590.002. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000, et. seq., shall be considered a Food Establishment for purposes of this Bylaw. "Plastic" is defined as any type of plastic resin, which may contain recycled material, and may be sold as recyclable, biodegradable, or compostable The material is commonly categorized in terms of #1, #2, #3, #4, #5, #6, #7: plastic as referenced includes all categories. "Prepared Food" means any food prepared for consumption on the Food Establishment's premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. "Town Facility" means any building, structure, land, or park owned or operated by the Town of Brewster, its agents and departments. "Town Facility Users" means all persons, societies, associations, organizations, or special event promoters who require a permission to use a Town Facility. Town Facility Users also includes concession contracts with the Town, Town -managed concessions, Town -sponsored events, and food services provided at the Town's expense. Prohibition A. Except as provided herein. Food Establishments are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers and utensils made from Plastic. B. Town Facility Users are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers made from Plastic and providing utensils made from Plastic. Public and private schools, educational institutions, summer camps, childcare facilities, and other childcare programs approved to participate in USDA Child Nutrition Programs are exempt. Administration and Enforcement. This Bylaw is enforced by the Town Administrator, or any committee appointed by them. Any Food Establishment or Town Facility User which violates any provision of this Bylaw shall be subject to the following penalties: First Offense: Written warning 2nd Offense: $150 fine 3rd Offense and Subsequent Offenses: $300 fine Any such fines collected shall be payable to the Town of Brewster. Each day the violation continues constitutes a separate violation. After detection of an initial violation, the designated inspection authority will be required to verify subsequent compliance until compliance with this bylaw is established. All businesses will be routinely inspected until the Town Administrator deems the inspection to be no longer be required. ce W z t7 INFORMATION INSTRUCTIONS TO SIGNERS For your signature to be valid, you must be a registered voter in the town named above and your signature should be written substantially as registered. If you are prevented by physical disability from writing you may authorize some person to write your name and residence in your presence. SIGNER'S STATEMENT We, the undersigned, are qualified voters of the Town of Brewster an in accordance with the provisions of law requ st they above article be inserted in the warrant for �IUu .�� they " Toown Meeting of Brewster. l CHECK I SIGNATURE to be made in person with name substantially as registered (except in case of physical disability as stated above) II NOW REGISTERED AT (street, number and apartment number, if any) (city or town will be the same as stated above) PRECINCT 1 ....-0 5 .ry/- �ivf(i 10, li 2 4`f ATTENTION VOTERS: Before signing, read signer information on other side. ATTENTION REGISTRARS: Before certifying signatures, see instructions to registrars below Brewster TOWN c.) I SIGNATURE to be made in person with name substantially as registered (except in case of physical disability as stated above) II NOW REGISTERED AT (street, number and apartment number, if any) (city or town will be the same as stated above) PRECINCT 4 C of I ) da A 6 74%., (1--k-ic(.4"L- 2 t tt( 1-°Q.r... e.L.47D 6/(z.,..e•k_ p,./- ,..-2 //yr--0 ___,K Iter(10'1 zi-C Cra,rtC \ Le_AL, 754-01,,L)(s r 8 ((��tvc. (Cc�` " IOC c(2d .c . r_ c) . ) (-Y /31 9r � � �E ✓ L �7 1� 51-, 15 A f 10 11 , _ / ) o ( (irr'SI— L""'V —S--1—e--)-- ill .c ,� _. - 12 ° �- ,6,---(4- 3e cq' WE f 3gcr .5 AA 13 3� 3lac fr-7 -. Br ,tit - 14 // i/ 15 16 If 17 18 � I r t 19 l l 20 G 4)� 21 22 i 0 5 23 24 25 WARNING — criminal penalty for unlawfully signing, altering, defacing, mutilating, destroying or suppressing this petition: fine of up to $1,000 or imprisonment for up to 1 year. INSTRUCTIONS TO REGISTRARS • You must time stamp or write in date and time these papers are received • Check thus V against the name of each qualified voter to be certified. For names not certified use the code at the right. • Draw a line through any blank spaces not containing signatures. • Each sheet must be certified by at least three registrars. A facsimile stamp is acceptable. • For names not certified use the code to the right. N -No such registered voter at that address S - unable to identify signature or address as that of voter because of form of signature or address T- already signed this petition CERTIFICATION OF NAMES town We certify that month and day number of names use numbers and words At least three registrars names must be signed or stamped below. above signatures checked thus V are the names of qualifiec voters from this town. Registrars of voters or Election commissioners of town Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov February 13, 2023 Jennifer Maddox, Undersecretary Department of Housing and Community Development Commonwealth of Massachusetts 100 Cambridge Street, Suite 300 Boston, MA 02114 Re: CDBG Housing Rehabilitation Application for FY22/23 Dear Ms. Maddox, The Brewster Select Board is writing in support of the FY22/23 Community Development Block Grant (CDBG) application to the MA Department of Housing and Community Development (DHCD). This grant will allow the regional lead town of Brewster to continue meeting the housing rehabilitation and childcare voucher needs of LMI (low-moderate income) residents in Dennis, Brewster and Wellfleet. The FY22/23 Brewster Regional Grant will provide approximately $1.7 million to rehab about 26 homes and provide childcare vouchers for up to 37 families in these towns. The affordable housing and economic development challenges across the Commonwealth are historically well documented; our current economic and health crisis has only exacerbated those challenges. Now, more than ever, CDBG funding is a vital resource for stabilizing and preserving existing homes in our region and ensuring that working families have affordable childcare. The Housing Rehab Program provides homeowners earning less than 80% of the area median income with an opportunity to address critical safety and energy upgrades to their homes. For FY21, The Resource Inc. is expected to work on approximately 90 rehab projects for regional grants on Cape Cod and Martha's Vineyard. Not only does the grant funding assist LMI households, but it also boosts the local economy by providing work to local contractors. In addition, the childcare component of these grants provides financial assistance for LMI families who rely on local, licensed childcare providers to care for their children while they are at work. Given the extraordinary current economic situation in our region, these programs typically reach full capacity by the third quarter of the fiscal year. Together, the Housing Rehab Program and Childcare Voucher Program play a vital role in stabilizing the year-round families living in these towns. I urge you to provide the funds requested so that our local communities can continue their work with LMI homeowners in need of critical home repairs and with working families in need of safe and affordable childcare for their young children. Thank you for your consideration of these proposals. 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