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MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : July 26, 2021
TIME : 9 : 00 AM
AGENDA : Joint Meeting of the Select Board, Open Space Committee and Finance Committee
PLACE : Remote Teleconference
ALL PARTICIPANTS ARE PARTICIPATING REMOTELY ; Chair Bingham , Selectperson Hoffmann , Selectperson
Whitney, Selectperson Chatelain , Selectperson Chaffee , Town Administrator Peter Lombardi , Assistant Town
Administrator Donna Kalinick, Honey Pivirotto, Robert Young, Frank Bridges, William Meehan , Robert Tobias ,
Mimi Bernardo, Bruce Evans, Peter Herrmann , Don Keeran , Elizabeth Taylor, Tom Kowalski , Benjamin
deRuyter, Town Moderator Charles Sumner, Mark Robinson , Gary Christen , Chris Miller
Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 9 . 00am, conducted a roll call vote of attendance for the Select
Board , declared a quorum present, and read the meeting participation and recording statements .
Frank Bridges conducted a roll call of attendance for the Finance Committee and declared a quorum present .
Elizabeth Taylor conducted a roll call of attendance for the Open Space Committee and declared a quorum
present .
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.
Chair Bingham stated that the Board would be going into executive session .
Selectperson Chaffee moved that the Board go into executive session . Selectperson Chatelain second .
Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Selectperson Chatelain -yes, Selectperson Whitney,
Chair Bingham -yes . The Board vote was 5 -Yes, O- No .
Finance Committee : Honey Pivirotto-yes, Robert Young-yes , Robert Tobias -yes, William Meehan - yes, Chair
Bridges-yes . The Finance Committee vote was 5 -Yes, O- No .
Open Space Committee : Bruce Evans-yes, Don Keeran -yes, Tom Kowalski -yes , Chair Taylor-yes , The Open
Space Committee vote was 4-Yes, O- No .
Every party present declared that no other person is present and/or able to hear the discussion at the remote
location .
Chair Bingham made the following statement .
"The Select Board has been meeting in executive session about the Sea Camps since last November, we' ve
had over 30 sessions so far . Our priority through this process has been to take an approach where the
Town ' s interest was best served . For this reason, we have been committed to maintaining maxim
confidentiality . Based on our assessment of where things stand in this process, we feel confident that our
strategy has been to put the Town in the best possible position . We have spent many long hours analyzing
these protentional acquisitions over the past 8 months and are pleased to provide you with an advanced
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confidential briefly on the current status . In terms of the format for this meeting, Peter Lombardi is going to
walk us all through a PowerPoint presentation , it is 20 slides and should take about 20 minutes . You will then
have opportunity to ask questions or make any comments . Due to the high sensitivity nature of this potential
acquisition and since negotiations are ongoing, we may not be able to answer all your questions , but we will
do our very best . There are several aspects of this morning' s presentation that we will ask you to not disclose
to anyone else at this time . We are at a critical junction and need to make sure we remain vigilant in
continuing to protect the Town ' s interest . Going forward we ask that you refer any media questions to Peter
Lombardi or the Select Board . It is important to know that each action that we have taken and are taking
both publicly and privately is strategic and aim to improve our position at the bargaining table . We really
value your thoughts and your feedback, that' s why you are all here this morning . You all know what an
incredibly rare opportunity that the potential acquisition of these proprieties is, and your support will be
critical in shepherding this process in the coming months . At our regular selectboard meeting tonight, Peter
will be giving a similar but slightly shorter version of this presentation . Right after that public announcement
we will post information on the Town ' s website, including a press release summarizing the Town ' s interest
and planning next steps . We are hopeful that there will be strong public support for this acquisition . I am
now going to turn the meeting over to Peter . "
Peter Lombardi addressed the members and thanked them for attending . A PowerPoint presentation of
" Potential Town Acquisition of the Cape Cod Sea Camps for Public Use" was shared and reviewed . The
PowerPoint had the following information :
Purpose of Presentation : To provide initial information to the Finance Committee, Open Space Committee,
and Moderator concerning a potential Town acquisition of the Cape Cod Sea Camps for public use .
Sale of the Cape Cod Sea Camps .
• The Cape Cod Sea Camps closed in November 2020 after operating nearly 100 years as a residential
children ' s camp . It has been increasingly difficult, financially, to operate a residential camp in today' s
world and the pandemic appears to have worsen the situation .
• The Select Board and Town Administration carefully evaluated a potential Town acquisition of the two
Sea Camp properties .
• After extensive consideration , it was concluded that town acquisition would prevent private
development and offer a variety of potential public benefits . The focus has been on site control .
How Rare is this Opportunity ?
It is extremely rare for parcels as large as these, especially with waterfront, to become available . Most Cape
properties of this size have been privately developed .
Sea Camps " Bay Parcel" 3057 Main Street ( most well - known property the Sea Camps own )
• Just under 55 acres in size
• Stretches north from 6A to Cape Cod Bay
• 4th largest privately- owned in Brewster
• Majority of it abuts the Town ' s Spruce Hill Conservation area immediately to the east .
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• 800 feet of shoreline
• Over 800 feet of frontage on Main Street
• More than 50 buildings on site, primary headquarters of the Sea Camps operations
• Extensive recreation facilities, including outdoor swimming pool , tennis courts, outdoor theaters,
sports fields, boat house and an arts center . The boat house and arts center both relatively new
construction within the past 10 years or so .
Sea Camps " Long Pond Parcel" 500 W . H . Besse Cartway
• 66 acres that extends west from Rt 137 to Long Pond
• Largest privately owned properties in Brewster, one of the largest undeveloped properties on Cape
• Abuts 42 acres of conservation land , the Robinson parcel that the Town purchase 3 years ago
• 1200 feet of shoreline on Long Pond
• Almost entirely undeveloped except for a few boating storage buildings and modest shade structures
used for the Sea Camp' s sailing and boating programs
• About % of the property is in Zone II ( public water supply protection area ) , and the Natural Resource
Protection District ( NRPD )
Potential Benefits of Town Acquisition
Together the two Sea Camps properties offer opportunities for substantial public benefits including :
• Land , coastal dune & wetlands conservation
• Habitat & drinking water protection
• Beach access
• Home for a community center
• Extensive recreational amenities
• Housing
Peter Lombardi noted that if the camps are acquired by the Town , their preferred futures use would be
determined following public engagement activities that invite input from Town residents and stake holders .
Adding that the Board feels strongly about this process moving forward , and a major benefit of the
acquisition is that the Town would be able to decide the future of the properties .
The Select Board' s Due Diligence : November 2020- June 2021
Mr . Lombardi mentioned that the Board has met many times since last November, including :
• Meeting with Town Counsel , hiring an appraiser, consulting with local real estate and development
experts and obtaining title research on both properties .
• Met in executive session to protect the interest of Brewster taxpayers and to pursue a strategy that
would keep the acquisition costs as low as possible .
Would Acquiring the Sea Camps Achieve Brewster Planning Goals ?
Mr . Lombardi shared that the Board evaluated that if a potential acquisition would be consistent with the
Brewster Vision Plan and other plans ( Open Space, Recreation Space, Coastal Resource Management Plan , all
of which inform us about resident interest and guide our future . Mr . Lombardi shared that really significant
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feedback was recently received from 1000s of residents about what they see as important, as priorities and
goals , and through these processes, the Board thinks that an acquisition is consistent with all these plans .
The Sea Camps Property Appraisals
Mr . Lombardi stated that the Select Board obtained appraisals of the value of each of the properties,
however, at this point in time the appraisals values remain privileged while negotiations are ongoing . Mr .
Lombardi noted that there has been references to the Town' s assessed value as being a little under $ 9M , it is
important to bear in mind that the assessed value is assigned only for property tax values and the appraised
value is based on the analysis of the property and reflects what a buyer might expect to pay if on the market .
Mr . Lombardi added that both properties have extensive regulatory considerations that the Board is taking
into account as part of the Town ' s appraisal analysis . Mr . Lombardi noted that we are well aware of the Flats
Foundation recent comments in the press, asserting that the Bay parcel value is somewhere between $ 9 and
$ 13M on its own .
Town Action to Preserve Brewster Voters' Ability to Acquire the Sea Camps at the Lowest Cost
Mr . Lombardi stated that after going through the analysis and considerations that the Select Board
determined that Brewster voters should have the opportunity to evaluate the potential acquisition of the
Sea Camps properties and decide about acquiring them . He continued , that to preserve the ability of
Brewster voters to acquire the Sea Camps at the lowest possible costs, we have been following the
disposition process put in place by the current owners and their representatives, the following steps have
been completed by the Board .
• Last month the Town submitted bids to the owners offering to buy both parcels .
® The Town ' s offers to purchase the parcels are contingent on approval of Brewster voters at Special
Town Meeting and on the ballot at special election . These purchases cannot take place without both
approvals by Brewster voters .
• The bid amounts were consistent with the property appraisals that were obtained , and they took into
account the title research, discussion with Town Counsel and consultation with several land use
professionals as well as well - known local engineer . Since negotiations are ongoing, we are not at
liberty to share what the bid amounts are .
• Bidders on the Sea Camps were required by the sellers to sign a non - disclosure agreement that limits
the amount and content of information that can be discussed in public . Peter Lombardi noted that in
the end the Town opted not to sign this agreement because we are a public entity and thought it was
important to maintain the ability to disclose information to our residents .
• Based on discrete outreach that was conducted with various interested parties , we are concerned at
this point that these properties may be privately developed . The Select Board believes strongly that
Brewster voters deserve the opportunity to decide if the Town should acquire the Sea Camps .
• The Select Board is continuing to seek a negotiated sale, our preferred approach, however if that fails
for whatever reason we are prepared to include an article on the Special Meeting warrant that would
authorize the Town to take one or both properties by eminent domain .
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Brewster' s Use of Eminent Domain
Eminent domain is a right given to municipalities, and other governments, to acquire property for public
purpose . Over the years Brewster has used eminent domain to acquire 1000s of acres of property, including :
• At least 6 public beaches including Paines Creek, Fisherman ' s Landing & Crosby Landing
• Wing' s Island
• Land for Captains Golf Courses
• Land to establish & protect the public water supply
• Land to build Eddy & Stony Brook schools
• Conservation areas including Punkhorn Parklands
The first use of eminent domain dates back over 100 years to 1918 in the taking of Saints Landing and most
recent taking was of about 56 acres off Slough Rd for water shed protection and recreation in 2006 .
Financing and Potential Partnerships
• The Town has been proactive in engaging with potential partners to determine the extent in which
our and their interests align to consider future use scenarios
• For the Long Pond parcel, we have significant pledges from Brewster Conservation Trust, the
Brewster Water Department, and other organizations that will considerably reduce the cost of the
acquisition for Brewster taxpayers .
• We plan to have an extensive public engagement process if we were to purchase one or both
properties to inform future uses . The Board has prioritized maintaining flexibility of what those
partnerships may look like, we want to avoid scenarios where public access is restricted or limited .
Special Town Meeting and Special Election
Mr . Lombardi noted that the Select Board plans to call a Special Town meeting in late September to ask
Brewster voters if they wish to acquire one or both Sea Camp parcels . Prior to Town meeting voters will be
provided more information about the parcels, ideas about future public uses and potential partnerships with
other organizations . Mr . Lombardi added that depending on the status of negotiations the public forum in
August may include details of acquisition costs and tax rate impacts, regardless this information will be
shared with Finance Committee, the Open Space Committee and with residents prior to special town
meeting .
What if the Town Doesn' t Acquire the Cape Cod Sea Camps ?
Mr . Lombardi advised that both parcels could be privately developed , there are some references in the
presentation to existing local land use regulations that govern potential future uses and development on the
site . Mr. Lombardi added that the Town is seeking to acquire the parcels to prevent that from happening and
because of the public opportunities that they offer . Mr . Lombardi noted that The Cape Cod Commission and
our local regulations certainly due place restrictions on how the properties can be developed , but the only
way to fully control the future of these properties is to acquire them . Mr . Lombardi noted that the Board is
aware of at least two well - known major developers that have placed bids to purchase the Sea Camps .
LaSalette Seminary : A Similar Property the Town Did Not Acquire
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• In the mid - 70s, the Town had the opportunity to purchase the 4& acre property on the Bay for $ 1 . 5M
• Sold to a developer and opened as Ocean Edge resort in 1982 .
Next Steps
• Public forum — Tuesday, August 17th at 6pm via zoom . Provide additional information, the goal is to
help voters learn more about the potential acquisition .
• A new web page on the Town website will be released later this week and information will be
distributed on social media and in print . All staff and committees will receive information after
tonight' s Select Board meeting .
• The Select Board and Town Administration want Brewster voters to be fully informed about what is
under consideration . as we will need their support at Town Meeting and at the ballot to acquire these
properties .
• If acquired , the process of public engagement will begin , where residents will be invited to weigh in
on future uses .
Chair Bingham stated that the Board fully recognizes that this is a lot to process and digest, but the Select
Board and Town Administration did think it was important to have this meeting in advance before we shared
this with our fellow residents . Chair Bingham repeated that we value the thoughts and input of the Finance
Committee , the Open Space Committee and Town Moderator , Chair Bingham asked the Chair of each
Committee to poll their members for questions and /or comments .
Frank Bridges, Chair of the Finance Committee, addressed his members for comment :
Robert Young commented that this is very interesting and an exciting opportunity for the Town , he asked the
following questions :
1 . The Brewster Flats Foundation has talked about operating as a camp and wants to understand that
Brewster is not considering operating any sort of camp on the site ? Chair Bingham answered that
correct, there are no plans to operate a camp on either parcel .
2 . Are there considerations of sale of other assets to help support the purchase and what comes to
mind is the former Natural Resource Building ? Mr . Young is also interested in other groups that are
potentially interested in helping . Peter Lombardi answered that specifically the Natural Resource
garage is ongoing, there was appropriation made at Town Meeting last November to do some initial
due diligence on the Town ' s part relative to 21 - 8, adding we are in the first phase and working with
Counsel to decide if we should begin the second phase . Something we are moving forward on apart
from this . Mr . Lombardi stated as referenced in the PowerPoint there is a financing plan in place for
both parcels, we anticipate dept exclusions for both , hopefully, in one instance that the exclusion
would be a financing tool that wouldn ' t necessarily impact the tax rate .
3 . Is the home for a community center just an idea or a specific consideration, as there is supposed to
be a study of the two schools with thought to house a community center? Peter Lombardi answered
that we are focused on site control, there is a lot of different opportunities on both properties,
specifically the bay parcel with significant activity and structures which is more likely a location for a
Community Center . Mr . Lombardi continued , at this stage in the process there is not specific or
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definitive plans on what the Town would do for either parcel . The process is to acquire the properties
and then have a public process that forms what the future uses may be, because of the size, scale,
and location, probably will be multiple uses for the properties .
Robert Tobias commented that he is super positive and happy, he is willing to help in anyway . He asked the
following questions .
1 . Could eminent domain be put to a potential buyer should the current owner accept a private bid ?
Peter Lombardi answered that eminent domain can be initiated against any property owner at any
time as long as the reason for the taking is legitimate for public purpose . Mr . Lombardi continued
that the Town has been seeking a path for a negotiated sale , if that fails, eminent domain is a tool
that we have available and one that we are willing to bring forward to Town Meeting and the voters .
To be clear eminent domain approval is by Town meeting and financing is both at Town meeting and
Special election .
2 . Town Meeting approval , is it simple majority? Peter Lombardi responded that it depends on the
reason for the taking, generally speaking it is a simple majority, but the debt exclusion would be a
two -thirds vote .
William Meehan thanked the group for the presentation , he is generally very enthusiastic and supportive of
Town acquisition of these properties, with the obvious reservation that it needs to be financed creatively .
Mr . Meehan noted that we just assumed a great deal of debt in our future , he would be remised as a
member of the Finance Committee if he didn ' t bring that up . He added as to future uses , he understands
that preservation acquisition of the property must come first, and a lot of planning and thought would go
into actual use, whatever the actual use of the Town would be far preferable to development of these
properties .
Chair Frank Bridges commented that he is very supportive of some sort of project to maintain Town control
either on a full or partial basis of both properties, he is delighted to see the Select Board has been working
with partners to come up with a creative proposal . He had the following questions .
1 . If successful and we add 120 acres to publicly owned land , do we know what percent of Brewster
property is controlled either by public ownership, town ownership or trust ownership through
Conservation Trust, and do we have any idea what this would bring it to ? Mark Robinson said the
number is variable depending on how you want include things, but in general the percent of upland
that is preserved as of 2018 according to the State is 36%, which exactly matches the County .
Mr. Bridges replied that he thinks this is an important question when we go to Town meeting to help
the voters understand what we are doing to our tax base as we increase public ownership, in
particularly to Mr . Meehan ' s point earlier we are not taking direct hit with the High School but taking
indirectly $ 50M worth of debt service over the next 20- 25 years . Adding that for the first time in its
history, Brewster is going to have a significant direct and implied debt load that will affect bond
ratings and put an eventual stress on the tax rate .
2 . In efforts to form strategy in purchasing the properties, have we considered all public/private
partnerships with developers, so that we can control the property but allow for some commercial
development and enhancement of our tax ratable ? Peter Lombardi answered that we have talked to
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as many interested parties that exists, we think the pool is relatively limited . The Town has the
greatest vested interest in each of the properties and we haven ' t excluded the outreach we have
done to certain interested partners . Mr. Lombardi stated that we have talked to the development
community and are aware, to some extent, of their plans and some less than others . Adding that one
of the complicated factors is that they have signed a non - disclosure agreement . We have not
engaged with developers in a way that would significantly encourage development on these
properties to the inclusion of public access and uses . Mr . Bridges stated that if we are successful and
can acquire these properties, can the Town realize actual income from the properties beyond
providing public access and benefits to the residents, because these properties are on the tax rolls
now . He added that he would love to see revenue opportunities arising from the acquisition from one
or both properties to help support their use .
3 . Who is representing the owners ? Chair Bingham answered , Jim Fleet . Peter Lombardi added , they
hired Phoenix management out of Boston , they have also hired Keene Summit to assist in the
disposition of the two properties .
4 . Do we have history of legal issues resulting in our use of eminent domain , so far as litigation involving
sale of property? Peter Lombardi responded that given the nature of these properties, they are
actually more straight forward than some of our other takings that involved multiple property owners
and varying degrees of control on the properties . Charles Sumner added that we had a lot of
inadequate compensation claims against the Town for the taking of the land for the golf course and
the Punkhorns Parkland . He continued that we tracked what the original purchases were and what
the settlements were, the Town has the information . Mr . Sumner added that relative to the
Punkhorns, in the end he doesn' t believe anyone regrets the acquisition, while there were
settlements beyond the costs, but not that significant that caused a great challenge . We spent a lot of
time and money over several years litigating but considered good investments to the Town . Mr.
Bridges repeated his point that the Finance Committee is going to be interested in how they can use
the opportunity to develop revenue as well .
Robert Young stated that regarding eminent domain and fair value, around potential legal issues, from his
perspective fair market value will be established since there is multiple bidders and private bidders along
with the Town . Mr. Young sees the likelihood of litigation reduced . Mr . Young asked about extensive
regulatory considerations regarding each property, have the private bidders been made aware of, as it would
affect the fair value of the property ? Mr . Young added given fair value will be established through
independent bidding process the Town would have to come in and offer to purchase through eminent
domain at the highest bid , otherwise that would invite litigation . Peter Lombardi responded that is not the
case, the Town has completed its own analysis and we feel as if our analysis can be strongly supported and
justified , our original position is that the value that has been determined through the process would be the
value we would seek for acquisition . Mr . Lombardi reminded the group that we have said eminent domain is
not necessarily were we want to end up, we are hopeful we can negotiate a sale . However, if we go through
the eminent domain process, not speaking for the Board , we have to see what happens and as discussed
with counsel our starting position would be on values that were established by the appraisals . He continued
that we don ' t know, obviously with any degree of detail, of the bid amounts of other parties . We do feel that
we are competitive with the research we have done . Mr . Lombardi stated that we are not coming in with
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lowball offers, if we have to go through eminent domain through the courts, what is beneficial is the fact that
they have private bids in hand . The properties are incredibly unique, the comparable data is difficult due to
the local and regional regulatory rules that apply .
Chair Bingham thanked the Finance Committee and added that she doesn' t want anyone to think that the
Select Board has not thought long and hard about the financial implications . Peter Lombardi commented
that we recently looked at the debt that is coming online for Brewster taxpayers, Town Administration and
Select Board is absolutely sensitive to what this means to the average voter . Adding that partnerships may
help , and we have talked about potential expansion of tax relief opportunities for residents .
Elizabeth Taylor, Chair of the Open Space Committee, addressed her members for comment . Ms . Taylor
stated she is thrilled with where we are with this project, if negotiations don ' t work out, we are willing to
step up and do eminent domain . These properties are critical to be purchased , especially with a massive
amount of beach front property .
Bruce Evans asked the following questions :
1 . In Open Space negotiations the money from the Community Preservation Act Funds are always a
factor and grant money, is this a consideration ? Peter Lombardi replied that they have spoken to
Mark Robinson about applications for Land Grant State Program and for federal dollars which are up
to $ 750, 000 and maybe even up to $ 11VI for certain uses for acquisition . Mr . Lombardi continued that
Community Preservation Act funds are another potential funding source, although based on their
available proceeds, there isn ' t significant debt that could be issued by these funds . Would be a help
but not a primary source .
2 . Is the primary source would be to issue a bond ? Peter Lombardi stated correct, this is what we have
been discussing, depends on order of magnitude of total acquisition costs and could involve a bond
debt exclusion for both acquisitions, again one of the acquisitions that maybe more of a financial tool
then something that impacts the tax rate at all .
Elizabeth Taylor stated that for Long Pond using Open Space funds is great, they could apply for State Grants,
for the undeveloped property, and the front of the Sea Camps on Main Street is a possibility for Open Space
funds too, something they would need to look into it .
Peter Herrmann commends the Select Board for their hard work on this, it is a great thing . Mr . Herrmann
agreed that the Select Boards position to take full control is spot on .
1 . If the Flats Foundation were to come in , Mr . Herrmann wonders if they would be subject to the same
zoning a developer would be . In the event they wanted to do year- round camping, this would require
winterization of the cottages and so forth . A 501 ( c ) ( 3 ) or a private developer are all very much
moving targets, adding we are going int a great direction . Can you say if the State is a partner in this
discussion, Department of Conservation and Recreation ( DCR ) specifically? Peter Lombardi
responded that we certainly reached out to the State and had a good conversation with DCR early on ,
they were interested , but fair to say that their ability to provide significant funds is limited and
ultimately the Board for the reasons discussed , think it would be best for the Town to take the lead
on site control and for us to control our own destiny . Mr. Lombardi noted that we have tried to keep
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lines of communication open with all interested parties and at this stage we have eliminated some
potential partners and future uses .
Tom Kowalski asked the following question .
1 . What is the assessed value is of the Long Pond property? Peter Lombardi provided that the assessed
value is $ 1 . 15M and the annual property tax revenues for both parcels about $ 85 , 000 .
2 . Was the $ 750, 000 - $ 11VI for the Long Pond property? Peter Lombardi , correct these federal grant
funds, for land and water program would be for the Long Pond acquisition . Adding that the Water
Commission financial contribution for acquisitions is for the Long Pond property.
3 . Mr. Kowalski is very supportive of the Long Pond Property, with respect to the Bay Front Property,
has there been any consideration for future use and development in only using part of it and having
commercial or resident development on another part ? Chair Bingham responded if we do acquire this
will be a question that goes to the residents . Mr . Kowalski responded that the Town should possibly
give the voters some idea of what we would do with the property . Peter Lombardi said the Board has
talked about a whole host of scenarios for the Bay Parcel , which is more complex and has more
opportunity, we haven ' t ruled anything out specifically . Adding that the Board is not providing
specific uses on the Bay Parcel prior to Town meeting . Mr. Lombardi stated that we feel this is the
appropriate strategy to give residents the opportunity to provide their feedback, having listed what
we see as potential opportunities for public benefits, in terms of beach , recreational amenities and
home for a community center .
Don Keeran commended the Select Board and Town Administration for going all in on this, a wonderful
opportunity and is very grateful that we are committed to this enterprise . Mr. Keeran said that we have had
plenty of regrets in the past for land acquisitions that have gotten away from us . He added that he can ' t
think of any examples going back to Wing Island and the Punkhorns about any regrets on money spent for
major land acquisitions, especially decades down the road looking back to see what a bargain compared to
what it is worth now .
1 . One clarifying question , the public face of this going forward is going to basically be that the Town is
actively seeking acquisition of the property and buildings ? Peter Lombardi responded that is correct,
the privileged information shared today is the financing and potential partnerships . Mr. Lombardi
repeated that we are still seeking a negotiated sale and we don ' t' want to get into that level of detail
in tonight' s meeting as part of initial statements . Mr . Lombardi stated that we the goal is that by the
August 17th public forum that we can provide residents with those additional details . Chair Bingham
added that since we have been having discussions since November it is very exciting to be able to talk
about it publicly .
Gary Christen thanked the Board for moving forward on the process, these are amazing parcels that are
critical to the Town ' s future . Stating that personally he doesn 't think that the Open Space Board has any say
in what happens to the parcels except as private citizens . Mr . Christen stated that the Route 6A property will
give us great coastal management and material to work with , the fact that we will have frontage from
Namskaket Marsh to close to the LaSalette property is phenomenal . He added , in terms of financing, $ 85 , 000
tax base is a very little lose to the Town . Mr . Christen stated he doesn' t think any of that money needs to be
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a\091A �w8'ri�yi Office of:
0 i ,, - ,, �9 Town of Brewster
2198 Main Street Select Board
h 't, t� Town Administrator
90
Brewster, MA 02631 - 1898
itIF Phone : ( 508) 896-3701
' www , brewsterwma . gov
made up simply because we must continue to acquire open space if we want to remain free of the taxation
of sewers . Regarding this , Mr . Christen believes the mark was $ 1 . 31 return on investment for open space, in
other words the Town gets back basically $ 1 . 31 for every $ 1 it puts into Open Space, the tax arguments are
ridiculous . Mr . Christen continued that in this particular situation we are going to be getting more than that if
we factor in that we are not putting in sewers in the Town . This brings forward another thought from Mr .
Christen , this is going to suck up all funds in all directions, noting we must continue to acquire any open
space that comes forth that are impacting water and wildlife factors in Town . With that being said , he had
the following questions :
1 . Do we continue to get CPC funds after this is financed out, is there a role for the Open Space
Committee or is this a singular obligation that will not affect this Committee going forward ? Peter
Lombardi responded that comments were made earlier relative to capacity of the funds right now,
there is a balance in the Open Space fund , but it' s not significant and year to year we use a majority
of our undesignated fund balance . Mr . Lombardi added that an appropriation made at Town meeting
in May for the CPC to complete a 5 -year plan going forward which may potentially impact the funding
formula . Stating that it is fair to say for these acquisitions CPC funds would be ancillary assistance .
Mr . Lombardi stated that this acquisition would preclude use of CPC funds for much smaller scale
open space acquisitions in the future as we recognize those will still exist and don ' t want to put the
town in position , if they do become available . Mr . Lombardi repeated that we are very sensitive to
the impact of this acquisition to Brewster voters, and we are doing everything we can to help
subsidize the overall tax rate impact .
Charles Sumner addressed the group and thanked the Board and Town Administration for their work on the
project . He disclosed that he works on the Brewster Conservation Trust and has filed in the Town Clerk' s
office . Mr . Sumner stated that the Ocean Edge property has been a regret he always heard about from
citizens, that Town officials never gave voters the opportunity to decide and was never brought to Town
Meeting . Mr . Sumner is really pleased to see the work on this and that the voters will get the chance to
decide their future .
Chair Bingham commented that Ben deRuyter had worked tirelessly with the Select Board until he left office
and has been invited to this meeting to be a part of the announcement . Mr . deRuyter thanked Chair
Bingham for the invitation today, it means a lot to be included . He added to the five Select Board members,
good job and good luck in the coming months .
Mark Robinson stated that the appraisals the Town obtained really did do a thorough analysis of the
different scenarios determining the highest and best use of the properties, the most important tools we will
have for any kind of eminent domain talked about in the future .
Selectperson Hoffmann echoed Peter Lombardi that the only way to control this property is public
ownership, by providing site control that will determine future use and to retain public access . Selectperson
Hoffmann quoted something she read in the paper as part of an article written by Jeff Thibodeau ,
" Development and the changes that it brings continues at a rapid pace, together we must cease this moment
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°���a��$% wB �,y� Office of:
Town of Brewster Select Board
2198 Main Street Town Administrator
o Brewster, MA 02631- 1898
r _ Phone : (508) 896-3701
www , brewster- ma . gov
IMIN
to make intentionally changes through concerted efforts that will create the future we want for ourselves
and for those who come after us . "
Peter Herrmann asked when the deadline is for the bids and are the sellers aware that we are considering
eminent domain ? Peter Lombardi answered the deadline for bids passed on June 23, 2021, and a number of
bids were submitted . The owners are aware that we are having a public announcement this evening and we
will see where things go from there . Chair Bingham added that they are aware that eminent domain could
be a possibility . Mr . Herrmann asked if there are ongoing negotiations after the bids were received ? Chair
Bingham responded that at this point there has not been any back- and -forth negotiations . Mr . Lombardi
added that we followed their process as we believe it is the most expedient and potentially the least
expensive route for acquisition . Mr . Lombardi stated that what they have relayed to us, informally, is that
there are 4 competitive bids and there may be opportunity for negotiations .
Frank Bridges asked in the event that the sellers select a competing bid , and we decided to initiate the
eminent domain process, how does this work? Peter Lombardi answered that eminent domain is authorized
by Town Meeting, and then initiated by the Select Board . Town meeting gives the Select Board the
authorization to initiate the process, the clock doesn ' t start until after the Select Board votes to formally file
the taking process through the courts . From there and in very short order the Town takes formal ownership
of the property . Mr . Bridges then asked in the situation where the sellers accept a bid in the following days
or weeks, is the closing process on the bid going to be subject to an eventual eminent domain decision by
the voters of the Town ? Peter Lombardi responded that if there was a private party that the sellers sought
to engage to formally move forward with, they would know by tonight that the Town potentially may be
moving forward with a the taking of one or both properties . It was clarified that eminent domain affects the
title holder .
Chair Bingham offered the following statement : "We want to thank you all again , for joining this morning' s
session and for the feedback and questions . There are still a number of variables that remain in play, but we
are looking forward to how the process will unfold in the next couple of months . Your support will be really,
really critical to the successful acquisition of these properties for our residents . So, you are now part of the
team , and we look forward to working on this together . And I thank each and every one of you for being here
today ."
Adjournment
Chair Bingham requested an adjournment from the Finance Committee, Robert Tobias moved , member
William Meehan second . A roll call vote was taken . William Meehan-yes, Robert Young-yes, Robert Tobias-
yes, Frank Bridges- yes . The Finance Committee vote was 4-Yes, O- No ( Honey Pivirotto left the meeting ) .
Gary Christen moved to adjourn the Open Space Committee, Tom Kowalski second . A roll call vote was
taken . Bruce Evans-yes, Don Keeran - yes, Gary Christen - yes, Tom Kowalski -yes, Peter Herrmann -yes, Chair
Taylor- yes . The Open Space Committee vote was &Yes, O- No
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�,0 Town of Brewster Office of.
+� . Select Board
2198 Main Street Town Administrator
90 w Brewster, MA 026314898
V0 0 Phone : ( 508) 896-3701
www . brewster- ma . gov
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Selectperson Chaffee moved to adjourn at 10 : 28am, Selectperson Chatelain second . A roll call vote was
taken . Selectperson Whitney-yes, Selectperson Chatelain-yes, Selectperson Chaffee -yes, Selectperson
Hoffmann -yes, Chair Bingham -yes . The Board vote was 5 -Yes , 0- No .
Next Meetings : July 26 @ 6pm , August 3, August 9, August 19, and August 23 , 2021
Adiournment
Selectperson Bingham moved to adjourn at 1 : 48pm , Selectperson Chatelain second . A roll call vote was
taken . Selectperson Whitney-yes, Selectperson Chatelain -yes, Selectperson deRuyter-yes, Selectperson
Bingham -yes, Chair Chaffee -yes . The Board vote was 5 -Yes , 0 - No .
Respectfully submitted ,
Erika Mawn
Approved & 9 -07 - 2021 Signed : dwaord G� d6tWn
Date Ned Chatelain , Clerk of the Select Board
Released : 2/27/2023
Date
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