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MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : September 22, 2021
TIME : 12 : 30pm
PLACE : Remote Teleconference
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 12 : 30pm . 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 not be returning to regular session .
All remote participants declared " No other persons are present or able to hear the discussion at
this remote location . "
Mr . Lombardi shared an inventory list of items and equipment that remain at the property that
are available to be included in the acquisition . Most of these are sight unseen , items have been
categorized by Mr . Lombardi and Donna Kalinick . Items on the list that the Town would like to
keep will be included in the sale of the properties at no additional costs . The items that the
Town does not want will be disposed of by the sellers . A lot of the items that are being kept are
connected to the buildings or systems that are already in place . Ms . Kalinick added that we had
received information on the ages and conditions of each item , these will be provided as a
written report .
Mr . Lombardi noted he spoke to the brokers who have effectively agreed to the no build , no
new construction buffer within the Coastal Dune buffer and the Wetland buffer . This does not
prohibit public use or access, just structures . Mr . Lombardi relayed that the sellers are looking
for a 75 ' buffer and the Board had previously agreed on a 25 ' buffer . Everything else that has
gone back and forth between counsels has been agreed upon . Mr . Lombardi noted that
language from the family has been provided to add to the press release, basically saying the
sellers are happy to have reached this point with the Town on a negotiated sale and there are no
other offers or agreements in place . Mr . Lombardi acknowledged that there is a lot of
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Town of Brewster O
2198 Main Street Select Board
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Phone : ( 508) 896-3701
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consternation with the Kennedy' s social media posts and the sellers would like their statement
to be read into record at Town Meeting .
The remaining issue on the buffer will explicitly prohibit not just structures, but also public
access and use with the exclusion of an exemption for access to the dock in the Southwest
corner of the pond . The path itself and the dock, to the extent that they maybe within the
buffer will be excluded . Mr . Lombardi noted that the sellers understand this and doesn' t believe
it will be an issue .
The Select Board each expressed their desire to keep a 25 ' buffer, or possible increase to a 30'
buffer around the abutter' s parcels . Mr . Lombardi expressed that the sellers feel very strongly
about the 75 ' buffer and added that he has made it clear that the Town would not be planting a
vegetative buffer based on the existing understory and trees . Through further discussion and a
desire to get to the finish line, the Select Board agreed to start with a 30' buffer with no new
buildings or public access . If this is not accepted then approve 25 ' no build, no access and
authorize Mr . Lombardi to negotiate up to another 25 ' buffer with no new building, for a total of
50' .
Selectperson Chaffee moved to approve the above . Selectperson Hoffmann 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
Mr . Lombardi shared that he tried to negotiate with the brokers about the Long Pond
contingency out of the sale , the family did not agree to it, so it will remain in place . The Select
Board agreed on the possible warrant article vote outcomes slide for Town Meeting and will not
explicitly mention eminent domain , but still retain the right if Article 1 fails and Article 2 passes .
In part of the presentation on the Pond Article , the Board will need to state that if the Long Pond
acquisition is not approved by Town Meeting and then at the ballot, the sellers have included a
contingency in the Purchase and Sales Agreement that will allow them to not move forward with
the Town to acquire the Bay property . This text will also be added to the handout .
The Select Board reviewed three separate press releases :
1 . Announcement that the Town is at the finish line with the Purchase and Sales
Agreement . This will allow the public release of the statement from the Delahanty
Family, which confirms a negotiated sale and is clear that there are no other offers or
contingency agreements . This will be issued as soon as the Board votes in open session
on the Purchase and Sales agreements tomorrow . The Board discussed how important it
is to communicate that this is a two - step process and ways to get information out to
residents .
2 . Future Uses of Sea Camps Properties, the Master Planning process . This press release
includes what residents can expect for next steps in the process and the extent to which
warrant Articles 1 & 2 as written give the Select Board control over the properties . Key
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piece to this press release is that the process will not be tailored to just the Sea Camps
properties but will also likely take into consideration other Town properties, Spruce Hill ,
the Robinson property, Council on Aging, Town Hall and the Elementary schools . The
c release of this is not as time sensitive . The Board agreed to publish the press release
today .
3 . Brewster Statement on offer by the Kennedy Family to purchase the Sea Camps
properties . The Select Board reviewed the letter that the Kennedys released on social
media . It was noted that at no point in the letter did they talk about their plan to develop
six homes for their children as a family estate , making it sound like they are going to
place a restriction on the property to stop development and restore the historic home
and give the Town and non - profits access to the facilities and the beach . This is nothing
like what they had ever proposed to the Town . For this reason , the Select Board feels
they need to make a statement .
There was discussion and review of additional posts on social media by the Kennedys with
misinformation and comments on the thread . The Board discussed when the best time would be
to release this press release, as it would help with any additional questions so that Mr . Lombardi
and the Board can use the press release as their response . The Board also briefly reviewed draft
executive session minutes , this information is helpful in crafting the statement . Once the draft is
completed , Town counsel will review, since the executive session minutes have not been
approved and need to understand the extent to which this information can be shared . The Board
reviewed two draft press releases . The Board noted they need to be cautious in engaging in
point- by- point counter to the narrative that Trish Kennedy is putting out on social media . The
Town is in a unique situation and needs to think carefully on their position . The Board also
discussed the possibility to use the other press releases and add information pertinent
information about the truth and not release a separate press release . The release of executive
session minutes was reviewed , it was determined that it would be best to release minutes all
together to follow the full narrative . It was decided that language will be added to the other two
press releases that includes the facts of what has occurred with the Kennedys . Mr . Lombardi
will speak with Town counsel to determine what can be said regarding conversations with the
Kennedys .
The Board started to discuss the updated motions for Town Meeting and will need to work
through who will present each article and members will need to have prepared remarks for each
of the articles . Mr . Lombardi noted that in the warrant there is no mention of restricting the
amount of time that presenters have on each warrant and residents will have 1 %z minutes . Mr .
Lombardi confirmed that the motions have been reviewed by town counsel .
Mr . Lombardi shared the two questions he asked Town counsel , Shirin Everett, in advance of the
Town Meeting strategy meeting tomorrow :
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X Office of.
0 Town of Brewster
2198 Main Street Select Board
Brewster, MA 02631 � 1898 Town Administrator
Phone * ( 508) 89&3701
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1 . Whether in fact a Master Plan definitively must be approved as the Warrant articles are
w ' tten ? Ms . Everett' s answer was very clear . The Town has said publicly many times
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that the plan is to develop a Master Plan to bring back to Town Meeting for approval .
There is some limited discretion the Board may have in terms of Conservation easements
and granting those to Mass Audubon in advance of formal approval of the Master Plan ,
this is a policy decision the Board has .
2a Of all the potential future Town uses, expectably affordable housing/community housing
has attracted the most attention , in anticipation of questions and/or potential motion to
strike the language, Mr. Lombardi asked if this purpose is off the table even if the Master
Plan supported its inclusion ? Town counsel analysis is critical and if raised , really
important point for Town Meeting to understand . Which is to say if we are taking the
property, we can ' t just take it for general municipal purposes, we must provide specific
uses . If community housing is not included in the uses, then potentially the other uses
are all protected by Article 97 of the State Constitution and therefore if we were to try to
dispose of any portion of the property or grant an easement, it wouldn ' t just require
Town Meeting vote it would also require a two4hirds State legislative vote, both House
and Senate . And in addition , we would potentially preclude from constructing any
buildings or making any improvements to the property, this is only if we take it and not
the case if we buy it . Mr. Lombardi stated that if the Town purchased the property and
the housing language is not included in the motion, we could go back after the Master
Plan and if it supported housing, as a legal matter could go back to Town Meeting and
have housing included in the Master Plan , Adding that politically this is a different
question .
Mr . Lombardi thinks the Board should be prepared in advance to make a decision if you want to
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actively strike the language, or their response if the motion is made on the floor of Town
Meeting . The Board decided to return to this discussion at the next meeting .
The Board returned to the motions for Town Meeting . Mr. Lombardi noted the importance in
communicating to the residents on Long Pond that they are effectively authorizing a debt
issuance, debt excluded appropriation of $ 4K . For the $ 6M acquisition , we are applying $ 1 . 75M
of free cash and $ 250K of Water Enterprise funds off the top, the amount we are taking on is
$ 4K, this will have no effective impact on tax bills . This is the new number, in presenting Article
1, the Board will want to say it in both the motion and the prepared remarks .
Mr . Lombardi will be using much of the script from the last forum and building a statement on
each article from that , Selectperson Chatelain requested to be the point person on housing
questions on Town meeting floor . The Board decided to have Selectperson Chatelain read the
motion for Article 1 with Chair Bingham making the position statement , Selectperson Whitney
will read the motion for Article 2 with Selectperson Chaffee delivering the position statement
and Selectperson Hoffmann will handle Article 3 , both the motion and position statement , Each
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Town of Brewster Office of:
2198 Main Street Select Board
Brewster MA 02631 - 1898 Town Administrator
Phone : (508) 896 -3701
www• brewster' ma . gov
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member will draft their portion using information from the forum script ., Executive session
meeting tomorrow will start at 3pm . Selectperson Chatelain left the meeting at 105pm
Adiournment
Selectperson Hoffmann moved to return to regular session at 107pm . Selectperson Whitney
second . A roll call vote was taken . Selectperson Chaffee -yes, Selectperson Hoffmann -yes,
Selectperson Whitney-yes, Chair Bingham -yes . The Board vote was 4-Yes, 0 - No
Respectfully submitted,
Erika Mawn , Executive Assistant
Approved : 01 / 23 / 2023 Signed : */L*"
Date Select Board Clerk, Kari Hoffmann
Released : 2/27/2023
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