HomeMy Public PortalAboutSelect Board -- 2021-05-11 Minutes R S T gbpi
� ELoEReq Office of,
Town of Brewster O
�.
3 aUa A , y ` 2198 Main Street Select Board
Brewster, MA 02631 - 1898I ! Town Administrator
Phone : (508) 896-3701 f
— Fax : (508) 896- 8089
oe"ijoiuun3
�181/ i \\
MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : May 11, 2021
TIME : 2 : OOpm
PLACE : Remote Teleconference
ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Present : Chair Chaffee , Selectperson
deRuyter, Selectperson Bingham , Selectperson Whitney, Selectperson Chatelain ( 2 : 05pm ) Town
Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick, and Assistant
Town Administrator Susan Broderick
Call to Order, Declaration of Quorum , Meeting Participation Statement and Recording
Statement
Chair Chaffee called the meeting to order at 2 : 03pm . All Select Board members present were
announced , and a quorum was declared . Chair Chaffee read the meeting participation and
recording statements .
Matters Not Reasonably Anticipated by the Chair
None
Executive Session : To consider the purchase, exchange, lease or value of real property if the
chair declares that an open meeting may have a detrimental effect on the negotiating
position of the public body.
Selectperson Bingham moved to dissolve open session and move to executive session at
2 : 06pm and not to return to open session . Selectperson Whitney second . A roll call vote was
taken . Selectperson deRuyter-yes, Selectperson Bingham -yes, Selectperson Whitney-yes,
Selectperson Chatelain -yes, Chair Chaffee-yes . The Board vote was 5 -Yes, 0- No
Each participate made the following statement : " No other person is present or able to hear this
discussion at this remote location " .
Mr . Lombardi stated that Mr . Eten ' s property was recently placed on the market, but more
importantly were the two meetings he recently had . Mr . Lombardi shared that one was with
Brewster Conservation Trust ( BCT) and Mark Robinson and the other with Tom and Trish
Kennedy who had reached out through their broker . Mr . Lombardi reviewed his meeting with
BCT first ; one of the key things that was agreed upon was clarifying what the Town ' s
relationship would be with BCT on one or both parcels in terms of acquisition and what use
restrictions BCT would be seeking . Mr . Lombardi noted that this has not been discussed with
the full BCT Board , just the land acquisition team, but they felt comfortable saying that it would
BoS 541 -2021 www . brewster- ma . gov Page 1 of 8
Doc ID : deOb8f9df6b2e75902d9395bdl2e10bd820a74a3
be supported by the Board . Understanding that the Town wanted to keep it to a small group,
and they agreed with the approach . Mr. Lombardi remarked that it is clear that BCT has been
talking with Mark Robinson and has come to a similar place with the overall value of Long Pond ,
the easier acquisition/ partnership in terms of costs ; this was the primary focus of the
discussion . Mr . Lombardi stated that it is BCT' s assumption that the purchase price would be
up to $ 5 million to acquire, estimating that with their primary donors along with what they
have in their accounts, they can contribute $ 2 . 15 million to the acquisition of Long Pond .
Brewster Conservation Trust told Mr. Lombardi that they have spoken with the Massachusetts
Audubon Society and thought that Mass . Audubon Society could contribute at least $ 500, 000 in
exchange for program usage . Mr . Lombardi added that BCT brought up a possible funding
source noting that about 30 acres of the 66+ acres are in Zone 2 and the Water Department has
historically made contributions for land acquisitions . Mr . Lombardi noted that the Water
Department, in the capital plan has appropriated $ 70, 000 in their operating budget specifically
for land acquisition . Adding that perhaps we could leverage that and issue debt from using
those revenues to defray the impact on taxpayer' s cost . Mr. Lombardi has spoken to Paul
Anderson, at a high level, and Mr . Anderson thinks that the Water Commission would be
supportive . Mr . Lombardi presented the question of how much, stating that the Water
Commission has never issued a bond for land acquisition before, but it doesn ' t mean they
wouldn 't in this case . Adding that maybe $ 1 million isn ' t out of the realm of possibility, since
almost fifty percent of the parcel is in Zone 2 .
Mr . Lombardi stated that the BCT has pieced together some Community Preservation Act funds,
along with Federal and State grants to cover the balance, again at a very high level , still need to
determine what the partnership would look like . Would the Town own the property and hold
the title and the BCT would hold the conservation restriction , making some allowance for Mass .
Audubon Society to have some program uses . Mr. Lombardi did say that potentially there is the
possibility of having some housing, limited and closer to Route 137 . The BCT' s initial thought
and proposal was to have it as a Habitat project, with more residential homes rather than a
larger housing development, constrained on the fact that it is in the District of Critical Planning
Concern and Zone 2 .
Mr . Lombardi continued that there is interest by a couple of the BCT' s major donors in
contributions, separate from the $ 2 . 15 million , for acquisition for the Bay parcel, this is a lot
more complicated . The BCT would need to understand what use restrictions they would want
to see for a significant contribution as our vision is not the same as on the Long Pond . Mr .
Lombardi noted that the Long Pond is an easy fit for BCT in maintaining the existing uses .
Noting that the BCT understands the Town is interested in having a beach on the Pond that
would be open to the public . Mr. Lombardi stated that the BCT has offered their political capital
in coming to Town meeting in support of both acquisitions . Mr . Lombardi did say that the BCT
has yet to submit the nondisclosure agreement, this is important because it came up in the
conversation with the Kennedys , who have signed it .
Mr . Lombardi then shared a review of his meeting with the Kennedys who are interested in
acquiring both parcels, but their main interest is the Bay parcel , noting if they were to acquire
the Long Pond parcel , it would be for preservation . Mr . Lombardi stated that the Kennedys
confirmed that they put in a cash offer ( did not say what it was ) on the Bay parcel that was
rejected . The Kennedys expressed that based on their offer, they feel that the seller is
BoS 541 -2021 www . brewster-ma . gov Page 2 of 8
DOC ID : deOb8f9df6b2e75902d9395bd12e10bd820a74a3
expecting over $ 25 million for the Bay parcel with no contingencies . Mr . Lombardi noted that
the Kennedys stated they have a personal interest in the parcel and do not want to see the Bay
parcel developed . Mr . Lombardi shared that the Kennedys are willing to partner with the Town
to eliminate the possibility of development on the Bay parcel . Noting that they have offered to
purchase one or both properties , and then the Town would have to make any offer contingent
on Town Meeting . Requiring an agreement with the Town , that the Town may then purchase
one or both parcels from them, within a certain time frame . Adding that the Kennedys said this
would assure the Town and them that there is control of the destiny of these properties . Mr.
Lombardi added that with the Long Pond parcel , they may do that without looking for
contingencies back from the Town besides some incremental return on their investment .
Mr . Lombardi stated that it was not very clear as to what they would want from the Town in
exchange for purchase of the Bay parcel . Both the Kennedys and Mr . Lombardi recognized for
the Town to purchase, there would have to have some kind of active public use . Mr . Lombardi
noted that if the Kennedys were to purchase the parcel and the Town failed to be able to
purchase it from the Kennedys ; their intent appears to be to return the parcel to much of its
natural state . Which would entail taking down the existing structures, removing courts, etc .
Mr . Lombardi noted that there is no asking price on the property, the sellers are looking for the
highest number with the least contingencies, bids are due on June 15tH
Selectperson deRuyter directed his question to Mr . Lombardi, why do you think they are willing
to enter into an agreement with the Town in respect to the Main Street parcel when it is clear
their interest is to develop it for residential purposes ? Mr . Lombardi responded that he thinks
the Kennedys would prefer to develop it themselves, adding their first scenario, if they can' t
purchase the property seems to be that the Town purchase so that it could not be developed by
someone else . The Kennedys expressed their concern , that if their offer was rejected , someone
may come in who has no idea what it will take to bring a development forward and will write a
check that ends up being a mess . Selectperson deRutyer replied that it sounds like they
simultaneously have serious interest in developing for their own residential purposes while
they also don ' t want to see it become a strip of condominiums . Adding that at first pass, it
seems to him that it is reasonable that if we would have to go down the path of eminent
domain , then the Kennedys are not necessarily an unreasonable option for the Town .
Selectperson deRutyer continued that in respect to the Long Pond parcel , could be an
interesting avenue to pursue with them as it can take away a lot of the administrative
challenges . We could enter into an agreement, noting that we could do something there in the
future that would really benefit the Town . Selectperson deRuyter questioned regarding the Bay
parcel , is it eminent domain or nothing ? Mr . Lombardi agreed , that first thought of a potential
partnership with the Kennedys on Long Pond makes sense and eminent domain on Bay Parcel is
the only option . Mr . Lombardi added that $ 25 + million is far beyond anything any of us feel
comfortable with .
Selectperson Chatelain questioned why the Kennedys are coming to the Town now, instead of
raising their initial offer? What is the connection with the Town when they are suggesting
money is no object ? Mr . Lombardi stated that they seemed surprised when their offer was
rejected , once the deadline was set up , they worry that they will lose out to some unknown
party . Mr . Lombardi added that they are also trying to gauge the Town ' s level of interest and
how much we were going to be a player . He noted that eminent domain was not brought up by
BoS 541- 2021 www . brewster-ma . gov Page 3 of 8
DOC ID : deOb8f9df6b2e75902d9395bdl2e10bd820a74a3
either party during the conversation , but they are savvy enough to know this might be on the
table . Mr . Lombardi stated that it is hard to understand why they want the partnership, as the
Town has much more to gain than they would . Pointing out that in this scenario if the Town
couldn ' t raise the money for the Bay Parcel , they could then move forward with their own
residential development which is what they have indicated they wanted .
Chair Chaffee questioned what the real purpose of the meeting was, what the Kennedys have
painted in their conversation with Mr . Lombardi seems murky . Chair Chaffee continued that she
thinks it sounds that they are more worried about eminent domain then they let on , why try to
make nice with the Town unless they are really concerned about something ? Mr. Lombardi
stated that it was a little surreal in some ways, as the Kennedys made comments about the
narrative, stating he thinks their concerns with the public perception of the Kennedys
outbidding the Town for the Sea Camps parcel , it was said explicitly, which is not where they
want to be .
Selectperson Bingham requested to go over eminent domain . Mr . Lombardi stated that
eminent domain would need to go to court, a jury trial where the price is determined . Even on
our initial appraisal number of $ 18 million, which we though was too high , he has a hard time
seeing the jury deciding on the amount of $ 25 -$ 30 million . Adding that the downside of
eminent domain is the value that is determined is out of your control .
Selectperson DeRuyter commented that it if we were to pursue, and there are bona fide offers
of $ 25 to $ 30million on the table, we would end up operating in that range, plus adding the
legal costs . Adding that if there is an opportunity to benefit the Town financially, on Long Pond
parcel this might be an option , what percentage voters in Town would want to acquire it at any
cost ?
Mr . Lombardi noted that he advised the Kennedy' s broker that he would follow up with him
after meeting with the Select Board . Regarding the Bay Parcel , he doesn ' t think there is a
reason why we wouldn ' t wait to see what happens after the June 15th deadline , before we
decide to move forward with a taking .
Chair Chaffee asked if we need to make an offer by June 15th , Mr . Lombardi responded that he
feels that the Town should put an offer in on the Long Pond parcel . Adding that if the Board
feels that the Bay parcel could sell for less than $ 25 million , then it should be considered
acquiring through eminent domain .
Chair Chaffee would like to clarify the Kennedy' s vision of working with the Town on the Bay
Parcel , as it seems their view is that they would buy it and sell part of it to the Town and retain
part for personal use . Mr . Lombardi remarked that their original proposal was to " un - develop"
the parcel and bring it back to its natural state, but in talking it through , it was agreed
conceptually to purchase the property to give the Town some time to decide if we want to
purchase for our own use and go to Town Meeting to secure votes . Mr. Lombardi noted the
only significant caveat, would be that they put restrictions on uses for the Town .
Chair Chaffee expressed that if we say yes, the Kennedys purchase the Bay parcel and then the
Town will work later to purchase it from them , and say the purchase price is $ 27 million , could
they then change their mind in working with the Town ? At that point, there is no way the town
BoS 5 - 11 -2021 www . brewster-ma . gov Page 4 of 8
Doc ID : deOb8f9df6b2e75902d9395bd12e10bd820a74a3
a
could then attempt to exercise eminent domain in that range . Adding, but we would have
stepped away and not been an obstruction to them . Mr. Lombardi stated that the reality is that
the Town could take it via eminent domain from them or the Sea Camps .
Donna Kalinick questioned that if the Kennedys purchased the parcel , then held it for the Town,
is an agreement going to preclude us from using eminent domain in a later legal process ? Mr.
Lombardi answered that he is sure the Kennedys would want the agreement to have language
stating that the Town would not use eminent domain to purchase it from them . Mr . Lombardi
stated that the Kennedys were open to the Town placing restrictions on their own future uses ,
noting conservation restrictions on some portion of the property . Including that they don ' t
want it to be subdivided and place specific restrictions to that effect .
Ms . Kalinick asked if bids were due for both parcels ; say for example we use them to buy the
Long Pond parcel, then they are using our strategy, which is that we wanted to buy both
parcels, where a lot of other parties did not . Mr . Lombardi replied that he thinks they would
buy the Long Pond parcel just for that reason , because it would put them in a stronger position
as there aren 't other parties who want to buy both parcels . Ms . Kalinick followed up with that
there is a lot to consider on what we would be giving up if we were to partner with the
Kennedys .
Selectperson deRutyer stated that we over complicating this position , it is reasonable to
assume that any path to eminent domain is going to put a price tag on the Bay Parcel that is
more or less what the market is demanding . Asking, if we could pursue eminent domain and
get it for $ 15 million when market demands $ 25 million . The answer is no . Selectperson
deRuyter stated if we are not willing to spend $ 25 - 30 million, then maybe we could present to
the Kennedys that we will guarantee the Town won 't take the Bay Parcel by eminent domain,
but then they have to donate Long Parcel to us .
Selectperson Chatelain stated that he sees it from the other side, we have a clear path towards
useful public continuous use and acquisition of the Long Pond parcel . Adding that he still thinks
any action we could take to get public access to Bay Parcel would be useful , maybe we will
come up with some regulatory fix to help buy out development rights ( thinking off the cuff) and
ask for public access to the Bay parcel, possibly for beach use . Selectperson Chatelain noted
that we have a path forward on the Long Pond parcel that is reasonable and hopefully we can
get some sort of public use on the Bay parcel too .
Chair Chaffee agrees that we don 't want to give up on the Bay parcel , we haven ' t exhausted all
options . She expressed that she is discouraged where the path is leading in that it looks like the
market price is going to make eminent domain not rational . Chair Chaffee stated that when
picturing the Bay parcel , trys to see how we can share it with the Kennedys . Continuing that if
they are going to invest a ton of money, they are going to want a large chunk of the parcel and
they are going to want beach access for themselves . Chair Chaffee noted that potentially there
is a way to make it happen but are they willing to give up half or more to the Town out of the
goodness of their hearts .
Mr . Lombardi stated that after having talked it through , he believes their number one concern
is eminent domain , as they don ' t know that $ 25 -30 million is too much for the Town as of
BoS 5 - 11-2021 www . brewster- ma . gov Page 5 of 8
Doc ID : deOb8f9df6b2e75902d9395bdl2e10bd820a74a3
today . Noting that it is important leverage and funding the acquisition of Long Pond is not all
that complicated , he would prefer to work with the Kennedys on getting public access to the
Bay parcel, in exchange for not using eminent domain .
Chair Chaffee commented that we need to come to an agreement with what the bare minimum
assets we want for municipal use and how much we are willing to give up to the Kennedys to
make this work .
Selectperson Bingham stated at the bare minimum if we built a road on the western edge to
the water and put in a parking lot, this would be the bare minimum to have beach access .
Selectperson Whitney added that he thinks it is apparent that we are priced out of even
eminent domain on the Bay Parcel . Along the same lines of Selectperson DeRuyter, if the
Kennedys donated the Long Pond Parcel to the Town , other entities could save money for other
acquisitions . Selectperson Whitney asked if on the western side of the Bay Parcel , another
property is for sale ? Mr. Lombardi stated that there is a property on the west side of the Bay
parcel which is under agreement and should close by the end of May . He added that it is
unknown who the buyer is, but it could be the Kennedy family . Mr. Lombardi noted that they
have been very candid in answering questions in their conversation , maybe we just ask them .
Selectperson Bingham asked if there was any way to go down the East side . Chair Chaffee
replied that if we go down the East side, the pool facility, art facility, modern building ( could be
part of a community center) are all located on that side .
Selectperson deRutyer stated that he doesn ' t believe there is any way that the Kennedys buy it
and allow us to have improvements other than a parking and beach access , beach parking may
be a stretch too .
Mr . Lombardi shared a map of the Bay Parcel showing hypothetically where the road could be
placed . He noted that the Kennedys talked about removing the tennis courts directly behind
the dune . Adding that he thinks the best- case access is against the western border with a small
parking lot .
Chair Chaffee stated that she needs to think about all of this, including what the bare minimum
is for the Town and how much she would be comfortable giving up . Adding that the bottom line
is that we need a community center, additional recreation opportunities and we need beach
access, which would be a chunk of the parcel .
Mr. Lombardi stated that he can ' t see any scenario where they allow the Town to build a
Community Center . Selectperson Bingham agreed .
Selectperson Chatelain said that he is hoping that the Kennedys are the buyers for the adjacent
parcel , because this could facilitate an easier negotiation if we are looking at beach access .
Adding that his attitude for municipal use is beach access, that there are lots of places we
reasonably could be expected to put a community center, this is the only place we are going to
get beach access . Selectperson Chatelain is most interested in seeing the Town acquire beach
access on the Bay parcel . Regarding the Bonnie Doone property, does the board think it is
worth asking the Kennedys of their intentions on that parcel .
Chair Chaffee asked the Board if we want to send Mr. Lombardi back to the Kennedys with
questions about Bonnie Doone and are there other questions at this time ? Mr . Lombardi added
that he would like direction from the Board on whether we are going to ask the Kennedys what
conditions they may want as part of a partnership such as are they seeking a commitment from
the Town not to exercise eminent domain . Mr. Lombardi added that we need to consider the
perception and the narrative of the Town partnering with the Kennedys to acquire the two
BoS 541-2021 www . brewster-ma . gov Page 6 of 8
DOC ID : deOb8f9df6b2e75902d9395bd12e10bd820a74a3
parcels, the Town didn ' t see that $ 25 - 30 million was appropriate for the Bay Parcel , first thing
that people may see is that we teamed up with the Kennedys so they could have their 55 acres
on the Bay .
Selectperson deRuyter would like to know if the Kennedys are the party that has Bonnie Doone
under agreement, as this is valuable information and given that they reached out to Mr .
Lombardi for a meeting and have been an open book, it is reasonable to ask the question .
Selectperson deRutyer added that he is wrestling with the public perception piece and how do
we frame this as a partnership, say for example we arrive at a place where we concluded we
aren ' t going to get anything on the Bay Parcel , then there is no need to be framed as a
partnership as the details become part of public record . With what the cost of the parcel is , the
public will draw their own conclusions ; we then can release a statement on our process . Adding
that public perception is really important, if we believe eminent domain is the reason the
Kennedys reached out to Mr . Lombardi, then it is our biggest leverage . Selectperson deRutyer
said he would rather go to them with a specific proposal versus fishing for information , if they
are purchasing Bonnie Doone , then we craft a specific proposal taking eminent domain off the
table, try to get beach access negotiated , but by all means getting Long Pond as a donation with
no restrictions .
Selectperson Whitney agreed with Selectperson deRuyter' s position but suggests if they are the
buyers for Bonnie Doone, there is more opportunity for access using the existing driveway to
the beach and opens up more possibilities . Adding if they want to purchase the parcel to
prevent development, they might be willing to listen to beach access at the Bay parcel .
Selectperson Whitney believes the way to go is to that the Town will get out of the way if they
donate the Long Pond parcel .
Mr . Lombardi asked at what point do we go to them with a proposal ? Adding his guess is that
they right now would prefer it to be high level , no formal offers and this is not in our best
interest . Asking that from the Board ' s perspective is our first proposal some form of public
beach access on Bay Parcel and the fallback position is donation of the full Long Pond parcel ,
this will need to be clarified .
Chair Chaffee stated that she is not ready to go belly up and is not happy with just beach
access, she would like to push , but this is contingent on Bonnie Doone, as one massive parcel
this gives us more opportunity to say we want enough acreage for several municipal uses that
are far enough away from their personal use . The Bonnie Doone answer is critical . Chair Chaffee
stated the Board would need to meet again before we go back for further discussion with the
Kennedys .
Mr . Lombardi noted that he has had time to absorb the conversation and everyone on the
Board would benefit from some time to absorb and think it through . Mr. Lombardi agrees that
going back with a proposal makes sense, there isn ' t any downside to asking about Bonnie
Doone purchase . Mr . Lombardi asked do we want to meet before Town Election or after?
Chair Chaffee stated that she would like Selectperson deRuyter engaged in this process, doesn ' t
want to push off until after the Select Board election as we are at a critical decision point .
The Select Board decided to meet on Friday afternoon at 2pm .
BoS 541 - 2021 www . brewster- ma . gov Page 7 of 8
Doc ID : deOb8f9df6b2e75902d9395bdl2e10bd820a74a3
Mr . Lombardi suggested that everyone take time to think things through ; he will email the
answer regarding Bonnie Doone once received and will provide additional information on each
parcel .
Executive Session : Approval of the July 20, 2020, and August 3, 2020 Executive Session
Minutes
Selectperson Bingham moved to approve minutes of July 20, and August 3, 2020 . Selectperson
Whitney second . Chair Chaffee proposed an amendment to the minutes from rescued to
recused . Minutes approved as amended . A roll call vote was taken . Selectperson deRuyter-yes,
Selectperson Bingham -yes, Selectperson Whitney-yes, Selectperson Chatelain -yes, Chair
Chaffee-yes . The Board vote was 5 -Yes, 0 - No
Adjournment
Selectperson Bingham Cindy moved to adjourn at 3 : 16pm, Second by selectperson Whitney . A
roll call vote was taken . Selectperson deRuyter-yes, Selectperson Bingham -yes, Selectperson
Whitney-yes, Selectperson Chatelain -yes, Chair Chaffee -yes . The Board vote was 5 -Yes, 0- No
Respectfully submitted ,
Erika Mawn, Executive Assistant
Approved : 11 / 15 / 2022 Signed :
Date Selectperson Hoffmann , Clerk of the Select Board
Rel eased : 2/27/2023
Date
Accompanying Documents in Packet : agenda , email communications, Assessing documents, draft executive session minutes
BoS 5 -11 -2021 www . brewster-ma . gov Page 8 of 8
Doc ID : deOb8f9df6b2e75902d9395bd12e10bd820a74a3