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Home My Public Portal AboutSelect Board -- 2021-09-20 Minutes (2) i °Q Town of Brewster e 9 Office of. 2198 Main Street Select Board Brewster MA 026311111898 Pit , � I Town Administrator Phone : ( 508) 896-3701 PUnnuniuu�t��o� www . brewster-ma . gov �,I �, , i I MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES r DATE : September 20, 2021 TIME : 5 : 30pm E PLACE : Remote Teleconference i REMOTE PARTICIPANTS : Chair Bingham , Selectperson Hoffmann , Selectperson Chaffee, Selectperson Whitney, Selectperson Chatelain , Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick Call to Order & Declaration of Quorum, Meeting Participation Statement and Recording Statement Chair Bingham called the meeting to order at 530pm . All Select Board members present were announced , and a quorum was declared . Chair Bingham read the meeting participation and recording statements . 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- 3057 Main Street and 500 W H Besse Cartway. The Select Board will be returning to regular session . Selectperson Chatelain moved to enter executive session at 5 . 31pm . Selectperson Whitney second . A roll call vote was taken . Selectperson Hoffman -yes, Selectperson Whitney-yes, Selectperson Chaffee -yes, Selectperson Chatelain - yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No Remote participants declared " No other persons are present or able to hear the discussion at this remote location . " Mr . Lombardi referenced a recent social media post by Trish Kennedy in which she seemed to be agitated and referenced an offer with the sellers . The seller' s broker provided an updated Purchase and Sales Agreement on Friday that included language about a buffer and provided a detailed map . Mr . Lombardi shared the map and noted that the sellers are asking the Town to plant evergreens , which would be a new vegetative buffer at least 125 -250ft away from the abutter' s property . Additionally, they are asking that there be no access, no use , no structures, nothing within a certain footage from the property line, but they have left the exact footage blank. Mr . Lombardi stated that this would mean the Town would be purchasing 55 acres and releasing control and use of say 20 % with no impact on the acquisition costs . Mr . Lombardi had expressed to the sellers that if they an interest in the Town agreeing to no cut/ removal of vegetation , we would be amendable as we are spending BoS 9-20-2021 www . brewster-ma . gov Page 1 of 3 Doc ID : b6155afdeabaf65f41f5315ea33fecb20add8e12 vOAANAA1l1Uf11IIIlU11U///I/r/ too o , oF 'Town of Brewster Office of: 3 rUaQ yNA' y 2198 Main Street Select Board ° F Brewster, MA 02631 - 1898 Town Administrator Phone : ( 508) 896 -3701 'YCUBPOPAt00 ' {' www . brewster-ma . gov 'prnnrr i \ millions of dollars on these parcels that will be generally protected as conservation and open space . The map that was shared , shows a Coastal Dune buffer of 150ft and a Wetlands buffer of 100ft, along with 25ft increment buffers from 25ft to 100ft from the abutter' s property . The Select Board engaged in discussion of the buffers and the minimum standards for zoning setbacks is either 20ft or 25ft . The Town would not want to limit public use for educational purposes, trails, passive recreation but would be amendable to not having new structures and grandfathering the existing structures . Selectperson Chatelain suggested that we carefully communicate to the seller that they retain rights under law to protect their property from abutting uses . Adding that this sale cannot be reasonably expected to constrain the use and enjoyment of the property . Mr . Lombardi added that when Town counsel was working with the seller' s counsel , the map was referenced and their counsel had not seen the map , so when language was drafted regarding the buffer in the Purchase and Sales agreement there was no map referenced . It seems as though not a lot of thought was put into the red dotted line that is suggested as the vegetative buffer . The Select Board reviewed the current options : 1 . Extend a willingness to restrict new structures in the coastal buffer and the wetlands buffer . 2 . Use the seller' s language in the Purchase and Sales agreement, that the Town agrees not to develop , use or make available to the public for use and/or access for any purpose whatsoever any portion of the property that lies within 25 ' of the adject parcels . 3 . Offer to provide plantings . Selectperson Chatelain noted that it might be beneficial to point out to the sellers that any future uses would be subject to review and that privacy mitigation , if appropriate, can be part of the process which is consistent with abutter' s rights under law . This doesn ' t need to be added into the Purchase and Sales Agreement, but relay to them what the Town ' s process is and their rights under that process . Selectperson Chatelain moved that the Town agree to a 25 ' buffer as indicated on the map and agrees to no new structures in the coastal dune buffer zone and the 100' wetland buffer with the exception grandfathered structures and uses . Selectperson Chaffee second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Hoffmann -yes, Selectperson Chaffee-yes, Selectperson Chatelain - yes, Chair Bingham -yes . The Board vote was 5 -Yes , 0- No BoS 9-20-2021 www . brewster-ma . gov Page 2 of 3 Doc ID : b6155afdeabaf65f41f5315ea33fecb20add8e12 o� ,ore oW eF9Jl Office of: �N Town of Brewster '\ 2 `'4 2198 Main Street Select Board ° Brewster, MA 02631 - 1898 Town Administrator A , ; Phone :( 508) 896 -3701 fEo°no°n ��o,° .° www . brewster-ma . gov iil peeuumuutt�t�a�" Mr . Lombardi offered the following updates . • We expect to receive information on their operating and maintenance budget soon , this is relative to warrant article 3 . • A detail inventory list of personal property that remains will be provided for review . • Mr . Lombardi spoke to counsel about the potential to increase the appraiser' s valuation based on new information . For this to happen , the appraiser would need the data from the sellers on offers received . Mr . Lombardi requested this information from the sellers, and they will review . • Mr . Lombardi share the social media post from the Kennedy' s referencing that they have an offer pending with the sellers . Jim Fleet reiterated the Board ' s interest in issuing a statement in about the partnership with the Town and support of the mutually beneficial agreement that has been negotiated . Jim Fleet has confirmed that there is no other deal in place, and they have told others they are working with the Town on a negotiated deal . The Select Board agrees in releasing a statement along with the sellers on their partnership, Mr . Lombardi hopes to have a draft from Jim Fleet within the next 24 hours . A refresh of the project page on the website has been completed . Selectperson Chatelain moved to return to regular session at 6 : 08pm . Selectperson Whitney second . A roll call vote was taken . Selectperson Hoffmann -yes , Selectperson Whitney-yes, Selectperson Chaffee-yes, Selectperson Chatelain - yes , Chair Bingham -yes . The Board vote was 5 -Yes , 0- No Respectfully submitted , Erika Mawn , Executive Assistant Approved : 01 / 23 / 20 23 Signed : 71 Date Select Board Clerk, Kari Hoffmann Released : 2/27/2023 BoS 9- 20-2021 www . brewster- ma . gov Page 3 of 3 Doc ID : b6155afdeabaf65f41f5315ea33fecb20add8e12