HomeMy Public PortalAboutCPC Packet 032223Town of Brewster Community Preservation Committee
2198 Main St., Brewster, MA 02631
cpcmeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Brewster Town Hall
2198 Main Street
March 22, 2023 at 4:00 PM
This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the
members of the public body will attend the meeting in person and members of the public are welcome to attend in person as
well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law.
Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the
meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect
remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any
specific item on this agenda, which includes an applicant and its representatives, should make plans for in-person vs. virtual
attendance accordingly. Additionally, the meeting may be viewed by: Live broadcast (Brewster Government TV Channel
18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov).
Members of the public who wish to access the meeting may do so in the following manner:
1.Phone: Call (929) 436-2866 or (301) 715-8592.Webinar ID: 837 7728 4808 Passcode: 326439
To request to speak: Press *9 and wait to be recognized.
2.Zoom Webinar: https://us02web.zoom.us/j/83777284808?pwd=NjB3WldRTGRxb0l0WXhIS1J0Y1NOQT09
Passcode: 326439
To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, 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.
Community
Preservation
Committee
Faythe Ellis
Chair
Sarah Robinson
Vice Chair
Sharon Marotti
Treasurer
Elizabeth Taylor
Clerk
Roland Bassett Jr.
Christine Boucher
Bruce Evans
Peggy Jablonski
Paul Ruchinskas
CPC Assistant
Beth Devine
1.Call to order
2.Meeting participation statement
3.Declaration of a quorum
4.Public Announcements and Comment – Members of the public can address the Community
Preservation Committee on matters not on the meeting’s agenda for a maximum of 3-5
minutes at the Chair’s discretion. Under the Open Meeting Law, the CPC is unable to reply,
but may add items presented to a future agenda
5.Financial Update
6.Summary of warrant article presentations to Select Board/Finance Committee and
follow up discussion
7.Review and possible vote on award letters
8.New website launch
9.Approval of minutes from 2/8/23, 2/22/23, & 3/8/23
10.Project Updates
11.Items not reasonably anticipated by the Chair
12.Announcements
13.Next meeting: April 12, 2023 at 4PM
14.Motion to Adjourn
Date Posted: Date Revised:
3/20/23
Community Preservation Committee: FY24 Forecast as of 3/8/2023
3,435,339$
1,223,691$
358,153$
1,581,844$
Pre FY24
10%10%10%
Open Space/Recreation Housing Historical
$ 1,933,167 $ 130,859 $ 287,924 $ - $ 1,083,388 3,435,338.61$
$ 158,184 $ 158,184 $ 158,184 $ 1,107,291 1,581,844.03$
$ 2,091,351 $ 289,043 $ 446,109 $ 1,107,291 $ 1,083,388
Open Space/Rec Housing Historical "30%"
$ (49,050)
$ (94,400)
$ (46,183)
79,092$
Requests for Spring 2023 TM (Pending /Approved )
Housing Coordinator (70,580)(70,580)$
(55,000)$
(55,000)$
(125,000)$
(9,670)$
Total YTD Obligations - fy24 $ (189,633) $ - $ - $ 79,092 $ (315,250)
$ 1,901,718 $ 289,043 $ 446,109 $ 1,186,383 $ 768,138 4,591,391.84$
Total net available from all accounts
[4] Open Space carryover is reserved for Open Space only per the original formula.
[1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional
(2) State Match revenue is projected at 30%
[3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $4,350 state
Coalition dues.
Budgeted Reserved for
CPA
Undesignated Fund
Balance (5)
FY-23 Carryover balances from FY23 including Actual
Unreserved Open Space Fund Balance with Original Match(4)
FY-24 Estimated revenue
FY-23 Estimated total balance forwarded [1]:
FY-24 Estimated local tax revenue:
FY-24 Estimated State contribution [2]:
Total FY-24 Estimated funds available:
[5] Reserved for Rec, Housing and Historic per original formula
Juniper Hill Wellfleet ($100,000)
FORWARD Phase 2 ($120,000)
Accessible Outdoor Furniture ($9670)
FY-24 Estimated Funds available
fy24 Estimated Unreserved Fund Balance as of 07/01/2023 with
Adjustments
FY-24 obligations as of 07/01/2023
BBJ Property Bond #1
BBJ Property Bond #2
Bates Property Bond
Administration Expense [3]
107 Main Street Orleans ($50,000)
BONDS
BONDS
Housing Trust 5 Year-Plan FY23-27
11.16.22
FY23 FY24 FY25 FY26 FY27
Carryforward Balance 1,195,879 1,190,879 893,879 714,569 1,053,821
Anticipated Revenues 1,891,900 2,870,580 2,344,461 2,519,557 2,425,927
Appropriations 1,896,900 3,167,580 2,523,771 2,180,304 2,567,196
End Balance 1,190,879 893,879 714,569 1,053,821 912,553
FY23 FY24 FY25 FY26 FY27
Projects:Funding Source
Housing Coordinator CPA- Salary Only 66,900 70,580 74,461 78,557 82,877 Benefits paid by the Town-approx. 35K/ year
Housing Program Asst.BAHT Salary Only -42,000 44,310 46,747 49,318 19 Hours- new non-benefitted position
Rental Assistance CPA 150,000 150,000 150,000
Preservaton of SHI Homes CPA 300,000 200,000
Buy Down Program CPA 300,000 300,000
Housing Production Plan CPA 30,000
212 Yankee Drive BAHT 75,000
Town Development of Other Properties BAHT 500,000 500,000
Outside Applications for Funding BAHT 50,000 50,000 50,000 50,000
Millstone Road Community Housing CPA/BAHT 1,000,000
Legal Expenses CPA/BAHT 5,000 5,000 5,000 5,000 5,000
Housing Rehabilitation-Child Care Vouchers CDBG-Regional Grant 1,300,000 1,500,000 1,700,000 1,700,000 1,700,000 Town is lead community for Dennis, Wellfleet and Brewster
Total Appropriations:1,896,900 3,167,580 2,523,771 2,180,304 2,567,196
Sources
Short Term Rentals Allocation 375,000 400,000 420,000 441,000 463,050 Financial Forecast 5% escalator
CPA Housing Coord. Wages 66,900 70,580 74,461 78,557 82,877
CPA Rental Assistance 150,000 150,000 150,000
CPA for SHI Homes -200,000
Proceeds on Re-sale of SHI Homes 150,000
CPA Buy Down 300,000 300,000
CPA Housing Production Plan 30,000
CPA Millstone Rd. Community Housing 250,000
Grants & Donations
Community Development Block Grant (CDBG)1,300,000 1,500,000 1,700,000 1,700,000 1,700,000
Total Revenues:1,891,900 2,870,580 2,344,461 2,519,557 2,425,927
CPA Rev 216,900 820,580 224,461 378,557 262,877
CPA Exp 516,900 570,580 224,461 378,557 262,877 390,675.00 5 year average
Estimated annual CPA revenue 1,492,304 1,529,612 1,567,852 1,607,048 1,647,225
Target Allocation Policy- Housing 30%447,691 458,884 470,356 482,115 494,167
TAP - Open Space 30%447,691 458,884 470,356 482,115 494,167
TAP - Recreation 10%149,230 152,961 156,785 160,705 164,722
TAP- Historic 10%149,230 152,961 156,785 160,705 164,722
CPA Recommended 20%298,461 305,922 313,570 321,410 329,445
1,492,304 1,529,612 1,567,852 1,607,048 1,647,225
From: Bill Henchy
Sent: Friday, March 10, 2023 12:34 PM
To: Harvey Pete Dahl
Cc: Peter Lombardi; Donna Kalinick; Faythe.Ellis@outlook.com; Jill Scalise
Subject: Agenda Item request
Pete—
As requested at the meeting on Wednesday night, I am following up with my request for a discussion on
two substantive issues that involve Town money and Town land in the context of the struggle to develop
affordable housing.
As you know, I am an affordable housing advocate. In my professional life, I have been advocating and
permitting affordable housing for years. Those efforts have been successful at developing substantial
numbers of affordable housing units across the Commonwealth. I have also successfully obtained a
substantial judgment for my legal fees against a Town that filed a baseless case to block an affordable
housing development. I have much experience in this area.
When an affordable development is permitted, the approving entity (usually the ZBA) has the option of
requiring local preference in the initial lease-up of the development. Local preference is slightly
controversial, because it is perceived by elements within DHCD (and with some justification) as a
perpetuation of the barriers to entry to housing that c. 40B was enacted to remove.
I share some of these views, and I think the issue is fairly debatable. In the case where an affordable
housing development is proposed by a private developer, my own view is that the question is properly
left to the ZBA and the developer to work out.
However, I have a very different view when affordable housing is built using either Town land or Town
money. In that case, my strong view is that the highest level of local preference should be afforded to
Brewster residents because Brewster resources are creating the housing.
That brings me to the Community Preservation funding requests. You might recall that I raised this issue
last year, but the discussion was in the context of the budget and the Committee’s requests, and I was
voted in the minority. I do recall that several members thought the issue was interesting and worthy of
further discussion.
I ask that we have that discussion, as a separate item. The requests to be considered this Town Meeting
cycle include (1) $50,000 to fund housing at 107 Main Street in Orleans to be constructed by HAC; (2)
$100,000 to fund housing by POAH at Lawrence Road in Wellfleet; (3) $120,000 to fund Phase II of the
housing for disabled persons in Dennis (we already funded $80,000 for phase I, so this developer is
looking for a total of $200,000 from Brewster).
These are substantial sums. Counting the $80,000 already funded for the Rock development in Dennis,
these total $350,000 of Brewster Community Preservation funds —that are going directly to the
developers of affordable housing in other Towns, no strings attached and with no guarantee of
preference for Brewster residents in need of housing. Look at the pro-forma for the Wellfleet project. It
includes a paid developer fee (allowed under DHCD guidelines) of $2,399,901.
Why are we funding this? At least the per sq, ft cost of $350.42 in Wellfleet is reasonable, but that is
with a free land donation from the Town of Wellfleet. The Orleans project has a per sq. ft. cost of
$539.41 and a developer fee (lists as “Developer Fees / OH”) of 756,754.00—and this includes a
donation by Orleans of the land, and a direct construction subsidy from the Town of Orleans of
$876,000. These construction numbers are profligate.
Why are we contributing to subsidize these developer fees at all?
Moreover, in the case of the Lawrence Road development in Wellfleet ($100,000 request), their
response to the RFP specifically notes in multiple places that they will provide a lottery for the units with
local preference as a necessary component—meaning that Wellfleet residents will receive
preference. The Orleans ZBA required in its Comprehensive Permit for the Main Street development
that the maximum local preference allowed by law (70%) be granted to Orleans Residents.This is
precisely the policy I advocate for Brewster—but also further highlights the question of why is Brewster
sending Brewster taxpayer money to fund a developer to build housing with a local preference to
Orleans and Wellfleet residents?
I would think that these very substantial monies would be much better spent as direct subsidies for rent
to Brewster residents or to build housing in Brewster, rather than the assist developers in other Towns,
or put to some other use that benefits Brewster taxpayers.
The Forward development in Dennis may be a different case because their request states that the
project will not have a local preference requirement and is for special needs persons, clearly a worthy
effort, and the Committee should be aware of this distinction.
We are also being asked to fund $50,000 for the Brewster Housing Coordinator, which I obviously
support. As to that effort, however, I would like a discussion with the Brewster Housing Trust and the
Brewster Housing Partnership as to their views on local preference, as we regularly support those
Committee efforts with Town resources. I would think that this would be a separate discussion with
those Committees on these same policy issues.
Would you please circulate my thoughts in the packet, and I look forward to a discussion at the next
Finance Committee meeting.
Thanks,
Bill
William C. Henchy
165 Cranberry Highway
Orleans, MA 02653
508-255-1636 (w)
508-246-6776(cell)
508-255-1325—fax
whenchy@henchylaw.com
www.henchylaw.com
Page 1 of 3
_
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
March 18, 2023
Elton Cutler, Director
Town of Brewster Council on Aging
1673 Main Street
Brewster, MA 02631
RE: Accessible Outdoor Furniture for Freeman’s Fields
Dear Mr. Cutler:
This letter is written to inform you that on February 22, 2023, the Brewster Community
Preservation Committee (“CPC”) voted (8-0-0) to recommend to Brewster Town Meeting
approval of the Council on Aging’s $9,670 funding request to use CPA funds for purchase of
8 weather-resistant accessible benches and two picnic tables for Freeman’s Way Fields (as
more particularly described below, the “Project”).
Brewster Annual Town Meeting is currently scheduled to meet on May 1, 2023 to consider
the CPC’s recommendation and to appropriate $9,670 for the Project (the “Grant Funds”)
under G.L. c.44B, the Community Preservation Act (the “CPA”). If approved by Annual
Town Meeting, the Town will make the Grant Funds of $9,670 available to the Brewster
Council on Aging on July 1, 2023.
PROJECT DESCRIPTION
The project will fund the cost of 8 weather resistant accessible benches and 2 picnic tables at
Freeman’s Way fields to provide opportunities for exercise, socialization, and
intergenerational activities for residents. The installation will increase accessibility and
enhance the improvements for this complex planned by the DPW and Recreation
Department.
PROJECT ELIGIBILITY
The Project complies with the provisions of the Community Preservation Act (CPA), G.L.
c.44B, §5(b)(2), CPA funds may be used for the acquisition of land to be used for recreation,
or for the creation of new recreational facilities on land a community already owns. A 2012
amendment to CPA broadened the law to also allow for the rehabilitation of existing, outdoor
recreational facilities. The amendment made it clear that with respect to land for recreational
use, "rehabilitation" could include the replacement of playground equipment and other
capital improvements to the land or the facilities thereon to make them more functional for
their intended recreational use.
Community Preservation
Committee
Page 2 of 3
GRANT AWARD TERMS AND CONDITIONS
The disbursement of the Grant Funds awarded by the CPC is contingent upon the following
terms and conditions:
1)The Project is approved and $9,670 has been appropriated therefore by Brewster Town
Meeting; Annual Town Meeting is currently expected to vote on May 1, 2023.
2)The terms and conditions herein shall be binding on the parties unless and until
amended, in writing, by mutual agreement. Any significant change in the approved
Project shall require CPC approval and amendment of the award letter. The CPC chair
shall determine whether a change is deemed to be significant.
3)The CPA funds will only be released to the Brewster Council upon receipt of an
invoice documenting the purchase of the furniture, as well as confirmation of its
installation at Freeman’s Fields. Request for reimbursement shall be submitted to
Beth Devine bdevine@brewster-ma.gov, Assistant to the CPC. The CPC reserves the
right, through its agent, to inspect the work prior to approving any funding request.
4)The term of the award will last until June 30, 2025, and the Project must be completed
by that date.
5)The Council on Aging shall provide project status reports/updates to the CPC liaison
every three months (i.e., January 1, April 1, July 1, and October 1) until Project
completion, at which time a final report will be due.
6)The CPC liaison for this Project shall be Roland Bassett (rbassett@brewster-ma.gov).
Do not hesitate to contact him or Beth Devine, Assistant to the CPC
(bdevine@brewster-ma.gov) with any questions or concerns.
The CPC is pleased to be able to play a role in funding this worthy project. Please do not
hesitate to contact me should you have any questions or concerns.
Sincerely,
Faythe Ellis
Chair- Brewster CPC
Accepted:
Elton Cutler
Brewster Council on Aging
Page 3 of 3
Cc:
Peter Lombardi, Town Manager
Mike Gradone, Recreation Department
Mimi Bernardo, Finance Director
CPC draft for review Page 1 of 7
2198 Main Street Community Preservation
Brewster, Massachusetts 02631-1898 Committee
(508) 896-3701
FAX (508) 896-8089
March 18, 2023
Mr. David Quinn
Director of Housing Development and Planning
Housing Assistance Corporation
460 West Main Street
Hyannis, MA 02601
Re: 107 Main Street, Orleans Affordable Rental Housing Award Letter
Dear Mr. Quinn:
I am pleased to inform you that on February 8, 2023, the Brewster Community Preservation
Committee (CPC) voted to recommend approval to Brewster Town Meeting of Housing
Assistance Corporation’s funding request for $50,000 to develop a 1.25 acre property owned
by the Town of Orleans as 14 affordable rental units (Project) as described in the application
dated November 29, 2022. Should Brewster Town Meeting on May 1, 2023, vote to approve
this request, the funds will be made available to Housing Assistance Corporation on July 1,
2023, as described below.
The Town will make the Grant Funds available to the Grantees in accordance with the
provisions of a Grant Agreement to be entered into by the Grantees and the Town in a form
substantially similar to the agreement attached hereto as Exhibit A, which agreement shall
include the terms and conditions stated below (the “Grant Agreement”).
The Grant Agreement will require the Grantees to enter into a Regulatory Agreement and
Declaration of Restrictions with the Massachusetts Department of Housing and Community
Development (“DHCD”) and the Town on terms satisfactory to the Town, which shall
specify the affordability requirements, run with and bind the Property for a minimum term of
40 years and survive foreclosure of any mortgages and/or other liens encumbering the
Property, and grant the Town the independent right to enforce the terms thereof without
regard to whether DHCD remains as a party thereto (the “Regulatory Agreement”). All
mortgages and/or other liens shall be subordinated to the Regulatory Agreement. No Grant
Funds shall be disbursed until the Regulatory Agreement has been recorded against the title
to the Property. In the event that a Regulatory Agreement is not recorded until after
construction commences, the Grantees will enter into an affordable housing restriction with
Page 2 of 7
the Town on terms substantially similar to the Regulatory Agreement (the “Affordable
Housing Restriction”), which may be superseded by the Regulatory Agreement (the
Regulatory Agreement and/or the Affordable Housing Restriction, a “Restriction”).
PROJECT DESCRIPTION
The Grantees request $50,000 to fund the development of 14 affordable rental units on land
owned by the Town of Orleans. The project will be a high-quality affordable rental
community in a single structure with three sections in the style of a historic Cape Cod home
to be completed in 2023. All 14 units will be affordable to households earning up to 80% of
area median income, in accordance with applicable state regulations and guidelines.
The Grantees’ compliance with the terms of the Grant Agreement and the Restriction will be
secured by a 30-year mortgage on the Property granted by the Grantees to the Town, which
may be subordinated to a first mortgage, and the Grantees will use said Grant Funds to pay
for construction period expenses of the Project. The award of the Grant Funds will be in the
form of a 0% loan, which will be discharged at the end of said 30-year term if the Grantees
have been in compliance with the Restriction for said term; interest will be due in the event
of a default. The mortgage will run with and bind the Property for the entire 30-year term,
notwithstanding any repayment of the Grant Funds, to ensure compliance with the
affordability requirements in the Restriction.
PROJECT ELIGIBILITY
The Project complies with the provisions of the Community Preservation Act (“CPA”), G.L.
c. 44B, §5(b)(2), which provides that CPA funds may be expended “for the acquisition,
creation, preservation and support of community housing.”
The Project is eligible for funding under the CPA as the Town will use CPA monies to
“support” the Project and to “acquire” an affordable housing restriction. It will provide funds
to an entity that will own the Property and/or operate community housing, which Town
funds, in addition to other funds, will make the Project economically feasible and affordable
to its occupants. Any real property interest acquired with CPA funds must be protected for a
minimum period of 30 years. Since the Restriction is proposed for a minimum term of 40
years, the Restriction would comply with the CPA’s requirements. The money will be used
for the acquisition, creation, and preservation of community housing, as it will be used for
the construction of the Project and will result in the imposition of the Restriction, with the
affordability restrictions set forth therein, thereby ensuring the long-term public benefit of
preserving affordable housing opportunities on Cape Cod.
CPC draft for review Page 3 of 7
GRANT AWARD TERMS AND CONDITIONS
The disbursement of the Grant Funds recommended by the Brewster CPC shall be contingent
upon the following terms and conditions, which shall be incorporated in the Grant
Agreement:
1)The Grantees and the Town shall execute the Grant Agreement in substantially the
form attached hereto as Exhibit A.
2)Prior to the release of any Grant Funds, and in no event later than June 30, 2025, the
Grantees shall submit the following information to the CPC for its review and
approval:
• A final project sources and uses budget, including documentation that all projected
sources have been committed in order to determine that the amount of the Grant Funds
continues to be necessary;
• Final development budget;
• Final operating budget;
• Project schedule;
• Construction contract; and
• A DHCD-approved Tenant Selection Plan that provides, to the extent allowable by state
and/or federal funders, inclusion of a regional preference for communities that
contributed funding to the development.
3)The Grantees shall execute and deliver to the Town a Note, Mortgage, and Restriction
including the terms hereof and in form acceptable to Town Counsel and record said
Mortgage and Restriction.
4)The Grant Funds will only be released to the Grantees as reimbursement for
construction work completed in accordance with the provisions of this Award Letter
and the Grant Agreement. Requests for reimbursement, including documentation of the
expenses incurred, shall be submitted to Beth Devine (bdevine@brewsterma.gov), CPC
Assistant. The CPC reserves the right, through its agent, to inspect the work prior to
approving any funding request.
The applicant may request up to 90% of the award at 50% construction completion.
5)The CPC will withhold $5,000 of the Grant Funds until all 14 units have received
certificates of occupancy.
6)Pursuant to the Grant Agreement, any funds not utilized for the Project shall be
returned to the Town and deposited in the CPC’s Budgeted Reserve Fund.
Page 4 of 7
7)The Grantees shall provide project status report/updates to the CPC liaison every 3
months commencing on the execution of the Grant Agreement until project completion,
at which time a final report will be due.
8)The Project must be completed no later than June 30, 2026. The Project term may be
extended for good cause shown, but such extension must be in writing signed by all the
parties hereto.
9)The terms and conditions herein shall be binding on the parties unless and until
amended, in writing, by mutual agreement. Any significant change in the approved
Project shall require CPC approval and amendment of this award letter. The CPC Chair
shall determine whether a change is deemed to be significant.
10)The CPC liaison for this project is Sharon Marotti – 508-896-6812 and/or
sharonmarotti@gmail.com. Do not hesitate to contact her with any questions or
concerns.
The CPC is pleased to be able to play a role in this much-needed community housing project.
Please do not hesitate to contact me should you have any questions or concerns.
If the terms of this award letter are acceptable, please agree and accept by signing
electronically below within 15 days of receipt.
On behalf of the Brewster Community Preservation Committee, thank you, and I remain,
Very truly yours,
Faythe Ellis
Chair- Brewster CPC
AGREED AND ACCEPTED BY Housing Assistance Corporation.
By: _________________________________________
Name: David Quinn
Title: Director of Housing Development and Planning
Date: ____________________________________
CPC draft for review Page 5 of 7
cc: Peter Lombardi, Town Manager
Mimi Bernardo, Finance Director
Sharon Marotti, CPC Liaison
Doc ID: d6b112a98d10c7f960854f676ec96d3ec43180d0
EXHIBIT A
[MODEL]
TOWN OF BREWSTER
COMMUNITY PRESERVATION COMMITTEE GRANT AGREEMENT
PROJECT NAME:
GRANT RECIPIENT:
GRANT AGREEMENT #:
PROJECT DESCRIPTION:
PROJECT LOCATION:
DATE OF TOWN MEETING &WARRANT ARTICLE NUMBER:
PROJECT SPONSOR(S) (IF DIFFERENT FROM RECIPIENT):
This Grant Agreement made this ___day of _______, 20__ by and between the Town of
Brewster, a municipal corporation duly organized under the laws of Massachusetts and having
a usual place of business at 2198 Main Street, Brewster, MA 02631 (hereinafter referred to
as the “TOWN”), acting by and through the Community Preservation Committee (hereinafter
referred to as the “CPC”, and __________ {Recipient} (hereinafter referred to as the
“RECIPIENT”), with an address of ___________________ {Recipient’s Address). The purpose
of this Grant Agreement is to implement the following grant award:
Witnesseth
Whereas, the CPC invited the submission of proposals for grants of funds for purposes
consistent with the Community Preservation Act, G.L. c. 43B; and
Whereas, in response thereto, the Recipient submitted an application for funding, dated
Page 2 of 11
Doc ID: d6b112a98d10c7f960854f676ec96d3ec43180d0
________ for purposes described in the Project Description section of the Project Funding
Application (hereinafter referred to as the “Project”) (the Project Funding Application is attached
as Exhibit A, and incorporated herein), and the CPC reviewed and approved the Project and
recommended that the funding for the Project be approved at Town Meeting; and
Whereas, the Town Meeting thereafter appropriated the funds recommended by the CPC
pursuant to Warrant Article No. ___ on _______ and authorized the CPC and Town
Administrator to enter into a grant agreement with the Recipient for the purposes set forth in the
Project; and
Now, Therefore, the Town and the Recipient agree as follows:
1.Award. Subject to the terms of this Agreement, the Town agrees to award the Recipient
the amount of {spell out in words and numbers} for the Project.
2.Project Funding Application. The Project Funding Application submitted to the CPC, as
may be amended by conditions of the CPC upon award, is incorporated into this Grant
Agreement by reference (Exhibit A).
3.Term. The term of this Grant Award is ______ (_) years from the date of the Town’s
execution of this Grant Agreement (the “Commencement Date”). All of the work
described in this Grant Agreement must be completed no later than __ years after the
Commencement Date (the ”Completion Date”), unless the CPC grants an extension for
good cause shown. Funds not utilized on the Project must be returned to the Community
Preservation Fund {specify fund, if any} and will be made available for future
appropriation to other recipients.
4.Budget: Other Sources of Funding. Prior to the commencement of the Work, the
Recipient must submit a complete project budget that accounts for (1) the expenditure of
all funds awarded under this Grant Agreement; and (2) the identity and amounts of all
other sources of funding, if necessary, to complete the project as described herein.
Recipient shall not expend any grant funds until such time as it has provided evidence to
the CPC that it has secured sufficient sources of funding to complete the Work and the
CPC has approved the Project Budget. If the CPC determines at any time during the
Project that funds have been spent on goods or services not included in the Project
Budget, or otherwise not authorized under the CPA, the Recipient shall be responsible for
repayment of such funds to the CPA Fund {specify fund, if any}.
5.Disbursement of Funds. The Recipient hereby acknowledges and expressly agrees that all
disbursements of grant funds to the recipient shall be contingent upon satisfaction of the
conditions contained in the Award Letter (a copy of which is attached hereto as Exhibit B
and incorporated herein).
Page 3 of 11
Doc ID: d6b112a98d10c7f960854f676ec96d3ec43180d0
6.Requirements For Release of Funds. The Recipient hereby acknowledges and expressly
agrees that all disbursements of grant funds to the Recipient or to third parties on the
Recipient’s behalf shall comply with the Award Letter.
7.Reports. The Recipient shall provide the CPC with project status reports as required by
the Award Letter. A Project Closeout Report as required by the Award Letter, including
digital photo documentation of the Project where appropriate, is due with 30 days after
the Completion Date. The Project Closeout Report shall be to the satisfaction of the CPC,
which approval shall not be unreasonably withheld.
a.All documents, including but not limited to photographs, videos, etc. submitted to
the CPC shall become the property of the Town of Brewster and shall be available
for use by the Town and available to the public under the Massachusetts Public
Records Law.
8.Project Liaison. The CPC may designate a CPC Project Liaison for the project being
funded by this Grant Agreement. The Project Liaison may be either a municipal
employee, member of the CPC or a consultant retained by the CPC for that purpose. The
Recipient shall cooperate with the Project Liaison, including providing access to the
project site at reasonable times and with reasonable notice. The Project Liaison shall
serve as the agent of the CPC for monitoring project compliance with the terms of this
Grant Agreement and shall periodically report to the CPC regarding the progress of the
project funded by this Grant Agreement and the compliance of the Recipient with the
terms of this Grant Agreement.
9.Records. The Recipient agrees to maintain such records with respect to utilization of the
grant funds and income derived therefrom as are kept in the normal course of business
and such additional records as may be required by the CPC. Said records shall be
available for inspection by the CPC during the Recipients normal business hours. The
CPC shall be entitled to request copies of any record so kept provided said record does
not contain proprietary information of the Recipient.
10.Deed Restrictions. Pursuant to Massachusetts General Laws Chapter 44B, § 12 every
project that involves the acquisition of any interest in real property with CPA funds shall
be bound by a permanent deed restriction that meets the requirements of M.G.L. c. 184,
limiting the use of the interest to the purpose for which it was acquired. Where applicable
and as required by the Award Letter, Recipient agrees to the imposition of such deed
restriction in a form acceptable to the CPC. {Delete this section if not applicable}
11.Compliance with Laws and Agreement. Recipient understands and agrees that projects
funded through this Award are made pursuant to and must comply with the requirements
of the Community Preservation Act, M.G.L. c. 44B. Recipient also agrees to comply with
all requirements of this Grant Agreement.
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12.Permits and Licenses. It is the obligation of Recipient to obtain all permits and licenses
necessary for implementation of the Project. No local permit or license is waived by the
award of this Grant.
13.No Liability of Town. By making this award, the Town does not accept any liability
whatsoever for any acts, omissions or errors associated with the Project. Nothing in this
Grant Agreement shall be construed to render the Town or any elected or appointed
official or employee of the Town, or their successors in office, personally liable for any
obligation under this Grant Agreement. Recipient agrees to indemnify and defend the
Town from all claims, suits or demands, and costs and expenses, including attorney’s fees
resulting from implementation of the Project.
14.No Assignment. This Grant Agreement may not be assigned by Recipient without prior
written agreement by the Town of Brewster.
15.Default and Termination.
a.If the CPC determines that the Recipient has failed to fulfill all obligations set
forth under the terms of this Grant Agreement and so defaulted in said
obligations, the CPC shall so notify the recipient in writing, setting forth the
nature and details of the default.
b.Upon the Recipient’s receipt of said notice of default, the Recipient shall
immediately cease to incur any additional expenses in connection with the Project
funded by this Grant Agreement.
c.The CPC shall hold a public hearing within fourteen (14) days of the date of the
Recipient’s receipt of the notice of default for the purpose of determining whether
this Grant Agreement should be terminated. The Recipient shall have the
opportunity to present evidence and argument at said termination hearing prior to
the CPC voting whether to terminate the Grant Agreement.
d.At the close of the public hearing the CPC shall issue a written decision setting
forth its findings that form the basis of its decision. The CPC may:
i. vote to reinstate the Grant Agreement without any further condition; or
ii. vote to reinstate the Grant Agreement with additional conditions; or
iii. vote to terminate the Grant Agreement.
e. The CPC shall notify the Recipient in writing of the CPC’s decision relative to
termination of the Grant Agreement.
16.Return of Funds.
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a.Upon completion of the Project, any funds granted to the recipient under this
Grant Agreement and not yet expended shall be returned forthwith to the Town
without further expenditure thereof.
b.In the event this Grant Agreement is terminated pursuant to the provisions of
Section 15 hereof, any funds granted to the recipient under this Grant Agreement
and not yet expended shall be returned forthwith to the Town without further
expenditure thereof.
c.If this Grant Agreement is terminated as a result of negligent or intentional acts or
omissions of the Recipient, the Recipient shall be liable to repay to the Town the
entire amount of funding provided under this Agreement, and the Town shall take
such steps as are necessary, including legal action, to recover said funds.
d.In the event the Town is required to take legal action under this Grant Agreement,
the Recipient shall be liable for all of the Town’s costs expended for the
enforcement of this Grant Agreement, including but not limited to reasonable
attorney’s fees and court costs.
17.Notice. Any and all notices, or other communications required or permitted under this
agreement, shall be in writing and delivered in hand or mailed by certified mail, return
receipt requested or by other reputable delivery service to the parties hereto at the
following addresses:
If to the Recipient:
____________________
____________________
____________________
If to the CPC:
Town of Brewster CPC
2198 Main Street
Brewster, MA 02631
18.Severability. If any term or condition of this Grant Agreement or any application thereof
shall to any extent be held invalid, illegal or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining terms and
conditions of this Grant Agreement shall not be deemed affected thereby.
19.Governing Law. This Agreement constitutes the entire agreement between the parties
hereto, and may be amended only in writing executed by both the Town of Brewster and
the Recipient. Signatory below acknowledges and avers that he/she has the authority to
execute this Agreement on behalf of the Recipient.
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[SIGNATURE PAGES FOLLOW]
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In Witness Whereof the parties have set their hands and seal on the date first written above.
RECIPIENT
{RECIPIENT’S NAME}
___________________________________ BY
ITS
TOWN OF BREWSTER
COMMUNITY PRESERVATION COMMITTEE
____________________________________
BY ITS CHAIRPERSON
TOWN OF BREWSTER
___________________________________
BY ITS TOWN ADMINISTRATOR
TOWN OF BREWSTER CERTIFICATION OF AVAILBLE FUNDS
____________________________________
BY ITS FINANCE DIRECTOR
AS TO FORM ONLY
____________________________________
TOWN COUNSEL
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EXHIBIT A
PROJECT FUNDING APPLICATION
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EXHIBIT B
AWARD LETTER
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ATTACHMENT A
CERTIFICATE OF AUTHORITY & LIST OF OFFICERS AND DIRECTORS
GRANT AGREEMENT #: RECIPIENT:
I hereby certify that I am the Clerk/Secretary of:
_____________________________________________________________________; and that
(Print Name of Corporation)
________________________________________________________________ is the duly
(Print name of Officer who signs the Grant Agreement)
elected _______________________________________________________ of said corporation;
(Print title of Officer who signs the Grant Agreement)
and that on ________________________ at a duly authorized meeting of the Board of Directors
(date of Meeting)
of said Corporation, at which a duly authorized quorum of the Directors were present and acting,
or waived notice, that _________________________________________________
(Print name and title of Officer signing Grant Agreement)
of this corporation be and hereby is authorized to execute contracts and bonds in the name and
on behalf of said corporation, and affix it Corporate Seal thereto, and such execution of any
contract of obligation in this corporation’s name on its behalf, with or without the Corporate
Seal, shall be valid and binding upon this corporation; and that the above vote has not been
amended or rescinded and remains in full force and effect as of the date set forth below.
Attest: ______________________________________________________
(Signature of Clerk/Secretary)
Name: ______________________________________________________
(Printed or typed name of Clerk/Secretary)
Date:
NOTE: THE DATE OF THE VOTE AUTHORIZING OFFICER TO SIGN GRANT AGREEMENT MUST BE
BEFORE THE DATE THE OFFICER ACTUALLY SIGNS THE GRANT AGREEMENT. THIS
CERTIFICATE MUST ALSO BE EXECUTED BEFORE THE OFFICER SIGNS THE GRANT AGREEMENT.
PLEASE ATTACH A LIST OF OFFICER AND DIRECTORS OF THE CORPORATION
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ATTACHMENT B
State Tax Attestation
The Department of Revenue under the provisions of the Revenue Enforcement and
Protection Program has directed the Town to have each provider of goods, services or real estate
receiving $5,000 or more sign the attestation clause below:
Pursuant to M.G.L. Ch. 62C, Sec. 49A, and M.G.L. Ch. 151A, Sec. 19A, I,
____________________________________________, authorized signatory for
_______________________________________________, with a principal place of business
at___________________________________ ________________________________________
do hereby certify under the penalties of perjury that _______________________
________________________________, to my best knowledge and belief, has filed all state
returns and paid all state and Town of Brewster taxes required under law.
The Business Organization Social Security Number or Federal
Identification No. is _________________________________________
Signed under the penalties of perjury
this___________________day of _________________________________
20________.
______________________________________________________________
Typed or Printed Name and Title of Corporate Officer
This statement should be signed and either a Social Security Number of Federal Identification
Number should be included.
CPC draft for review Page 1 of 7
2198 Main Street Community Preservation
Brewster, Massachusetts 02631-1898 Committee
(508) 896-3701
FAX (508) 896-8089
March 18, 2023
Ms. Vita Shklovsky
Senior Project Manager
Preservation of Affordable Housing (POAH)
Mr. Jay Coburn
President and Chief Executive Officer
Community Development Partnership
POAH, 2 Oliver Street, Suite 500
Boston, MA 02109
Re: Juniper Hill, 95 Lawrence Road, Wellfleet Affordable Housing Award Letter
Dear Ms. Shklovsky and Mr. Coburn,
I am pleased to inform you that on February 8, 2023, the Brewster Community Preservation
Committee (CPC) voted to recommend approval to Brewster Town Meeting of $50,000 for
Preservation of Affordable Housing (POAH)/Community Development Partnership’s (CDP)
project to build 46 affordable housing units located at 95 Lawrence Road in Wellfleet, MA
(Project) as described in the application dated November 21, 2022. Should Brewster Town
Meeting on May 1, 2023, vote to approve this request, the funds will be made available to
POAH/HAC on July 1, 2023, as described below.
The Town will make the Grant Funds available to the Grantees in accordance with the
provisions of a Grant Agreement to be entered into by the Grantees and the Town in a form
substantially similar to the agreement attached hereto as Exhibit A, which agreement shall
include the terms and conditions stated below (the “Grant Agreement”).
The Grant Agreement will require the Grantees to enter into a Regulatory Agreement and
Declaration of Restrictions with the Massachusetts Department of Housing and Community
Development (“DHCD”) and the Town on terms satisfactory to the Town, which shall
specify the affordability requirements, run with and bind the Property for a minimum term of
40 years and survive foreclosure of any mortgages and/or other liens encumbering the
Property and grant the Town the independent right to enforce the terms thereof without
regard to whether DHCD remains as a party thereto (the “Regulatory Agreement”). All
mortgages and/or other liens shall be subordinated to the Regulatory Agreement. No Grant
Page 2 of 7
Funds shall be disbursed until the Regulatory Agreement has been recorded against the title
to the Property. In the event that a Regulatory Agreement is not recorded until after
construction commences, the Grantees will enter into an affordable housing restriction with
the Town on terms substantially similar to the Regulatory Agreement (the “Affordable
Housing Restriction”), which may be superseded by the Regulatory Agreement (the
Regulatory Agreement and/or the Affordable Housing Restriction, a “Restriction”).
PROJECT DESCRIPTION
The Grantees requested $100,000 to help fund the Project. The property at 95 Lawrence
Road in Wellfleet will be divided into 2 parts: an Upper Village of 22 two-bedroom and
three-bedroom town homes oriented for family housing, and a Lower Village with a
multifamily elevator building consisting of 24 one and two bedroom flats. 35 of the 46
apartments will be targeted for families earning at or below 80% area median income (AMI),
with the remaining workforce apartments intended as “workforce” housing for households
earning up to 120% AMI. The Brewster Community Preservation Committee voted to
recommend funding of $50,000 for the application.
The Grantees’ compliance with the terms of the Grant Agreement and the Restriction will be
secured by a 30-year mortgage on the Property granted by the Grantees to the Town, which
may be subordinated to a first mortgage, and the Grantees will use said Grant Funds to pay
for construction period expenses of the Project. The award of the Grant Funds will be in the
form of a 0% loan, which will be discharged at the end of said 30-year term if the Grantees
have been in compliance with the Restriction for said term; interest will be due in the event
of a default. The mortgage will run with and bind the Property for the entire 30-year term,
notwithstanding any repayment of the Grant Funds, to ensure compliance with the
affordability requirements in the Restriction.
PROJECT ELIGIBILITY
The Project complies with the provisions of the Community Preservation Act (“CPA”), G.L.
c. 44B, §5(b)(2), which provides that CPA funds may be expended “for the acquisition,
creation, preservation and support of community housing.”
The Project is eligible for funding under the CPA as the Town will use CPA monies to
“support” the Project and to “acquire” an affordable housing restriction. It will provide funds
to an entity that will own the Property and/or operate community housing, which Town
funds, in addition to other funds, will make the Project economically feasible and affordable
to its occupants. Any real property interest acquired with CPA funds must be protected for a
minimum period of 30 years. Since the Restriction is proposed for a minimum term of 40
years, the Restriction would comply with the CPA’s requirements. The money will be used
for the acquisition, creation, and preservation of community housing, as it will be used for
the construction of the Project and will result in the imposition of the Restriction, with the
CPC draft for review Page 3 of 7
affordability restrictions set forth therein, thereby ensuring the long-term public benefit of
preserving affordable housing opportunities on Cape Cod.
GRANT AWARD TERMS AND CONDITIONS
The disbursement of the Grant Funds recommended by the Brewster CPC shall be contingent
upon the following terms and conditions, which shall be incorporated in the Grant
Agreement:
1)The Grantees and the Town shall execute the Grant Agreement in substantially the
form attached hereto as Exhibit A.
2)Prior to the release of any Grant Funds, and in no event later than June 30, 2025, the
Grantees shall submit the following information to the CPC for its review and
approval:
• A final project sources and uses budget, including documentation that all projected
sources have been committed in order to determine that the amount of the Grant Funds
continues to be necessary;
• Final development budget;
• Final operating budget;
• Project schedule;
• Construction contract; and
• A DHCD-approved Tenant Selection Plan that provides, to the extent allowable by state
and/or federal funders, inclusion of a regional preference for communities that
contributed funding to the development.
3)The Grantees shall execute and deliver to the Town a Note, Mortgage, and Restriction
including the terms hereof and in form acceptable to Town Counsel and record said
Mortgage and Restriction.
4)The Grant Funds are restricted to hard construction costs for the 35 units intended for
people earning up to 100% Area Median Income. The funds may not be used toward
construction costs related to the 11 “workforce” units.
5)The Grant Funds will only be released to the Grantees as reimbursement for
construction work completed in accordance with the provisions of this Award Letter
and the Grant Agreement. Requests for reimbursement, including documentation of the
expenses incurred, shall be submitted to Beth Devine (bdevine@brewsterma.gov), CPC
Assistant. The CPC reserves the right, through its agent, to inspect the work prior to
approving any funding request.
The applicant may request up to 90% of the award at 50% construction completion.
Page 4 of 7
6)The CPC will withhold $5,000 of the Grant Funds until all 35 units have received
certificates of occupancy.
7)Pursuant to the Grant Agreement, any funds not utilized for the Project shall be
returned to the Town and deposited in the CPC’s Budgeted Reserve Fund.
8)The Grantees shall provide project status report/updates to the CPC liaison every 3
months commencing on the execution of the Grant Agreement until project completion,
at which time a final report will be due.
9)The Project must be completed no later than June 30, 2026. The Project term may be
extended for good cause shown, but such extension must be in writing signed by all the
parties hereto.
10)The terms and conditions herein shall be binding on the parties unless and until
amended, in writing, by mutual agreement. Any significant change in the approved
Project shall require CPC approval and amendment of this award letter. The CPC Chair
shall determine whether a change is deemed to be significant.
10)The CPC liaison for this project is Peggy Jablonski at 919-923-6034 or
pegjab@gmail.com. Do not hesitate to contact her with any questions or concerns.
The CPC is pleased to be able to play a role in this much-needed community housing project.
Please do not hesitate to contact me should you have any questions or concerns.
If the terms of this award letter are acceptable, please agree and accept by signing
electronically below within 15 days of receipt.
On behalf of the Brewster Community Preservation Committee, thank you, and I remain,
Very truly yours,
Faythe Ellis
Chair- Brewster CPC
AGREED AND ACCEPTED BY POAH & the CDP.
By: _________________________________________
Ms. Vita Shklovsky
Senior Project Manager
Preservation of Affordable Housing (POAH)
CPC draft for review Page 5 of 7
By: _________________________________________
Jay Coburn
President and Chief Executive Officer
Community Development Partnership (CDP)
Date: ____________________________________
cc: Peter Lombardi, Town Manager
Mimi Bernardo, Finance Director
Peggy Jablonski, CPC Liaison
Doc ID: d6b112a98d10c7f960854f676ec96d3ec43180d0
EXHIBIT A
[MODEL]
TOWN OF BREWSTER
COMMUNITY PRESERVATION COMMITTEE GRANT AGREEMENT
PROJECT NAME:
GRANT RECIPIENT:
GRANT AGREEMENT #:
PROJECT DESCRIPTION:
PROJECT LOCATION:
DATE OF TOWN MEETING &WARRANT ARTICLE NUMBER:
PROJECT SPONSOR(S) (IF DIFFERENT FROM RECIPIENT):
This Grant Agreement made this ___day of _______, 20__ by and between the Town of
Brewster, a municipal corporation duly organized under the laws of Massachusetts and having
a usual place of business at 2198 Main Street, Brewster, MA 02631 (hereinafter referred to
as the “TOWN”), acting by and through the Community Preservation Committee (hereinafter
referred to as the “CPC”, and __________ {Recipient} (hereinafter referred to as the
“RECIPIENT”), with an address of ___________________ {Recipient’s Address). The purpose
of this Grant Agreement is to implement the following grant award:
Witnesseth
Whereas, the CPC invited the submission of proposals for grants of funds for purposes
consistent with the Community Preservation Act, G.L. c. 43B; and
Whereas, in response thereto, the Recipient submitted an application for funding, dated
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________ for purposes described in the Project Description section of the Project Funding
Application (hereinafter referred to as the “Project”) (the Project Funding Application is attached
as Exhibit A, and incorporated herein), and the CPC reviewed and approved the Project and
recommended that the funding for the Project be approved at Town Meeting; and
Whereas, the Town Meeting thereafter appropriated the funds recommended by the CPC
pursuant to Warrant Article No. ___ on _______ and authorized the CPC and Town
Administrator to enter into a grant agreement with the Recipient for the purposes set forth in the
Project; and
Now, Therefore, the Town and the Recipient agree as follows:
1.Award. Subject to the terms of this Agreement, the Town agrees to award the Recipient
the amount of {spell out in words and numbers} for the Project.
2.Project Funding Application. The Project Funding Application submitted to the CPC, as
may be amended by conditions of the CPC upon award, is incorporated into this Grant
Agreement by reference (Exhibit A).
3.Term. The term of this Grant Award is ______ (_) years from the date of the Town’s
execution of this Grant Agreement (the “Commencement Date”). All of the work
described in this Grant Agreement must be completed no later than __ years after the
Commencement Date (the ”Completion Date”), unless the CPC grants an extension for
good cause shown. Funds not utilized on the Project must be returned to the Community
Preservation Fund {specify fund, if any} and will be made available for future
appropriation to other recipients.
4.Budget: Other Sources of Funding. Prior to the commencement of the Work, the
Recipient must submit a complete project budget that accounts for (1) the expenditure of
all funds awarded under this Grant Agreement; and (2) the identity and amounts of all
other sources of funding, if necessary, to complete the project as described herein.
Recipient shall not expend any grant funds until such time as it has provided evidence to
the CPC that it has secured sufficient sources of funding to complete the Work and the
CPC has approved the Project Budget. If the CPC determines at any time during the
Project that funds have been spent on goods or services not included in the Project
Budget, or otherwise not authorized under the CPA, the Recipient shall be responsible for
repayment of such funds to the CPA Fund {specify fund, if any}.
5.Disbursement of Funds. The Recipient hereby acknowledges and expressly agrees that all
disbursements of grant funds to the recipient shall be contingent upon satisfaction of the
conditions contained in the Award Letter (a copy of which is attached hereto as Exhibit B
and incorporated herein).
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6.Requirements For Release of Funds. The Recipient hereby acknowledges and expressly
agrees that all disbursements of grant funds to the Recipient or to third parties on the
Recipient’s behalf shall comply with the Award Letter.
7.Reports. The Recipient shall provide the CPC with project status reports as required by
the Award Letter. A Project Closeout Report as required by the Award Letter, including
digital photo documentation of the Project where appropriate, is due with 30 days after
the Completion Date. The Project Closeout Report shall be to the satisfaction of the CPC,
which approval shall not be unreasonably withheld.
a.All documents, including but not limited to photographs, videos, etc. submitted to
the CPC shall become the property of the Town of Brewster and shall be available
for use by the Town and available to the public under the Massachusetts Public
Records Law.
8.Project Liaison. The CPC may designate a CPC Project Liaison for the project being
funded by this Grant Agreement. The Project Liaison may be either a municipal
employee, member of the CPC or a consultant retained by the CPC for that purpose. The
Recipient shall cooperate with the Project Liaison, including providing access to the
project site at reasonable times and with reasonable notice. The Project Liaison shall
serve as the agent of the CPC for monitoring project compliance with the terms of this
Grant Agreement and shall periodically report to the CPC regarding the progress of the
project funded by this Grant Agreement and the compliance of the Recipient with the
terms of this Grant Agreement.
9.Records. The Recipient agrees to maintain such records with respect to utilization of the
grant funds and income derived therefrom as are kept in the normal course of business
and such additional records as may be required by the CPC. Said records shall be
available for inspection by the CPC during the Recipients normal business hours. The
CPC shall be entitled to request copies of any record so kept provided said record does
not contain proprietary information of the Recipient.
10.Deed Restrictions. Pursuant to Massachusetts General Laws Chapter 44B, § 12 every
project that involves the acquisition of any interest in real property with CPA funds shall
be bound by a permanent deed restriction that meets the requirements of M.G.L. c. 184,
limiting the use of the interest to the purpose for which it was acquired. Where applicable
and as required by the Award Letter, Recipient agrees to the imposition of such deed
restriction in a form acceptable to the CPC. {Delete this section if not applicable}
11.Compliance with Laws and Agreement. Recipient understands and agrees that projects
funded through this Award are made pursuant to and must comply with the requirements
of the Community Preservation Act, M.G.L. c. 44B. Recipient also agrees to comply with
all requirements of this Grant Agreement.
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12.Permits and Licenses. It is the obligation of Recipient to obtain all permits and licenses
necessary for implementation of the Project. No local permit or license is waived by the
award of this Grant.
13.No Liability of Town. By making this award, the Town does not accept any liability
whatsoever for any acts, omissions or errors associated with the Project. Nothing in this
Grant Agreement shall be construed to render the Town or any elected or appointed
official or employee of the Town, or their successors in office, personally liable for any
obligation under this Grant Agreement. Recipient agrees to indemnify and defend the
Town from all claims, suits or demands, and costs and expenses, including attorney’s fees
resulting from implementation of the Project.
14.No Assignment. This Grant Agreement may not be assigned by Recipient without prior
written agreement by the Town of Brewster.
15.Default and Termination.
a.If the CPC determines that the Recipient has failed to fulfill all obligations set
forth under the terms of this Grant Agreement and so defaulted in said
obligations, the CPC shall so notify the recipient in writing, setting forth the
nature and details of the default.
b.Upon the Recipient’s receipt of said notice of default, the Recipient shall
immediately cease to incur any additional expenses in connection with the Project
funded by this Grant Agreement.
c.The CPC shall hold a public hearing within fourteen (14) days of the date of the
Recipient’s receipt of the notice of default for the purpose of determining whether
this Grant Agreement should be terminated. The Recipient shall have the
opportunity to present evidence and argument at said termination hearing prior to
the CPC voting whether to terminate the Grant Agreement.
d.At the close of the public hearing the CPC shall issue a written decision setting
forth its findings that form the basis of its decision. The CPC may:
i. vote to reinstate the Grant Agreement without any further condition; or
ii. vote to reinstate the Grant Agreement with additional conditions; or
iii. vote to terminate the Grant Agreement.
e. The CPC shall notify the Recipient in writing of the CPC’s decision relative to
termination of the Grant Agreement.
16.Return of Funds.
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a.Upon completion of the Project, any funds granted to the recipient under this
Grant Agreement and not yet expended shall be returned forthwith to the Town
without further expenditure thereof.
b.In the event this Grant Agreement is terminated pursuant to the provisions of
Section 15 hereof, any funds granted to the recipient under this Grant Agreement
and not yet expended shall be returned forthwith to the Town without further
expenditure thereof.
c.If this Grant Agreement is terminated as a result of negligent or intentional acts or
omissions of the Recipient, the Recipient shall be liable to repay to the Town the
entire amount of funding provided under this Agreement, and the Town shall take
such steps as are necessary, including legal action, to recover said funds.
d.In the event the Town is required to take legal action under this Grant Agreement,
the Recipient shall be liable for all of the Town’s costs expended for the
enforcement of this Grant Agreement, including but not limited to reasonable
attorney’s fees and court costs.
17.Notice. Any and all notices, or other communications required or permitted under this
agreement, shall be in writing and delivered in hand or mailed by certified mail, return
receipt requested or by other reputable delivery service to the parties hereto at the
following addresses:
If to the Recipient:
____________________
____________________
____________________
If to the CPC:
Town of Brewster CPC
2198 Main Street
Brewster, MA 02631
18.Severability. If any term or condition of this Grant Agreement or any application thereof
shall to any extent be held invalid, illegal or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining terms and
conditions of this Grant Agreement shall not be deemed affected thereby.
19.Governing Law. This Agreement constitutes the entire agreement between the parties
hereto, and may be amended only in writing executed by both the Town of Brewster and
the Recipient. Signatory below acknowledges and avers that he/she has the authority to
execute this Agreement on behalf of the Recipient.
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[SIGNATURE PAGES FOLLOW]
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In Witness Whereof the parties have set their hands and seal on the date first written above.
RECIPIENT
{RECIPIENT’S NAME}
___________________________________ BY
ITS
TOWN OF BREWSTER
COMMUNITY PRESERVATION COMMITTEE
____________________________________
BY ITS CHAIRPERSON
TOWN OF BREWSTER
___________________________________
BY ITS TOWN ADMINISTRATOR
TOWN OF BREWSTER CERTIFICATION OF AVAILBLE FUNDS
____________________________________
BY ITS FINANCE DIRECTOR
AS TO FORM ONLY
____________________________________
TOWN COUNSEL
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EXHIBIT A
PROJECT FUNDING APPLICATION
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EXHIBIT B
AWARD LETTER
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ATTACHMENT A
CERTIFICATE OF AUTHORITY & LIST OF OFFICERS AND DIRECTORS
GRANT AGREEMENT #: RECIPIENT:
I hereby certify that I am the Clerk/Secretary of:
_____________________________________________________________________; and that
(Print Name of Corporation)
________________________________________________________________ is the duly
(Print name of Officer who signs the Grant Agreement)
elected _______________________________________________________ of said corporation;
(Print title of Officer who signs the Grant Agreement)
and that on ________________________ at a duly authorized meeting of the Board of Directors
(date of Meeting)
of said Corporation, at which a duly authorized quorum of the Directors were present and acting,
or waived notice, that _________________________________________________
(Print name and title of Officer signing Grant Agreement)
of this corporation be and hereby is authorized to execute contracts and bonds in the name and
on behalf of said corporation, and affix it Corporate Seal thereto, and such execution of any
contract of obligation in this corporation’s name on its behalf, with or without the Corporate
Seal, shall be valid and binding upon this corporation; and that the above vote has not been
amended or rescinded and remains in full force and effect as of the date set forth below.
Attest: ______________________________________________________
(Signature of Clerk/Secretary)
Name: ______________________________________________________
(Printed or typed name of Clerk/Secretary)
Date:
NOTE: THE DATE OF THE VOTE AUTHORIZING OFFICER TO SIGN GRANT AGREEMENT MUST BE
BEFORE THE DATE THE OFFICER ACTUALLY SIGNS THE GRANT AGREEMENT. THIS
CERTIFICATE MUST ALSO BE EXECUTED BEFORE THE OFFICER SIGNS THE GRANT AGREEMENT.
PLEASE ATTACH A LIST OF OFFICER AND DIRECTORS OF THE CORPORATION
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ATTACHMENT B
State Tax Attestation
The Department of Revenue under the provisions of the Revenue Enforcement and
Protection Program has directed the Town to have each provider of goods, services or real estate
receiving $5,000 or more sign the attestation clause below:
Pursuant to M.G.L. Ch. 62C, Sec. 49A, and M.G.L. Ch. 151A, Sec. 19A, I,
____________________________________________, authorized signatory for
_______________________________________________, with a principal place of business
at___________________________________ ________________________________________
do hereby certify under the penalties of perjury that _______________________
________________________________, to my best knowledge and belief, has filed all state
returns and paid all state and Town of Brewster taxes required under law.
The Business Organization Social Security Number or Federal
Identification No. is _________________________________________
Signed under the penalties of perjury
this___________________day of _________________________________
20________.
______________________________________________________________
Typed or Printed Name and Title of Corporate Officer
This statement should be signed and either a Social Security Number of Federal Identification
Number should be included.
CPC draft for review Page 1 of 7
2198 Main Street Community Preservation
Brewster, Massachusetts 02631-1898 Committee
(508) 896-3701
FAX (508) 896-8089
March 18, 2023
David B. Kaplan, Executive Director
FORWARD - Friends Or Relatives With Autism & Related Disabilities
PO Box 1174
S. Dennis, MA 02660
Re: FORWARD at the Rock PHASE II Award Letter
Dear Mr. Kaplan,
I am pleased to inform you that on February 8, 2023, the Brewster Community Preservation
Committee (CPC) voted to recommend approval to Brewster Town Meeting of $120,000 for
Friends or Relatives with Autism & Related Disabilities (FORWARD)’s project to build 8
new units of extremely affordable housing to be located at 131 Hokum Rock Road, Dennis
MA (Project) as described in the application dated December 1, 2022. Should Brewster Town
Meeting on May 1, 2023, vote to approve this request, the funds will be made available to
FORWARD on July 1, 2023, as described below.
The Town will make the Grant Funds available to the Grantees in accordance with the
provisions of a Grant Agreement to be entered into by the Grantees and the Town in a form
substantially similar to the agreement attached hereto as Exhibit A, which agreement shall
include the terms and conditions stated below (the “Grant Agreement”).
The Grant Agreement will require the Grantees to enter into a Regulatory Agreement and
Declaration of Restrictions with the Massachusetts Department of Housing and Community
Development (“DHCD”) and the Town on terms satisfactory to the Town, which shall
specify the affordability requirements, run with and bind the Property for a minimum term of
40 years and survive foreclosure of any mortgages and/or other liens encumbering the
Property, and grant the Town the independent right to enforce the terms thereof without
regard to whether DHCD remains as a party thereto (the “Regulatory Agreement”). All
mortgages and/or other liens shall be subordinated to the Regulatory Agreement. No Grant
Funds shall be disbursed until the Regulatory Agreement has been recorded against the title
to the Property. In the event that a Regulatory Agreement is not recorded until after
construction commences, the Grantees will enter into an affordable housing restriction with
the Town on terms substantially similar to the Regulatory Agreement (the “Affordable
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Housing Restriction”), which may be superseded by the Regulatory Agreement (the
Regulatory Agreement and/or the Affordable Housing Restriction, a “Restriction”).
PROJECT DESCRIPTION
The project is new construction of eight affordable and supportive one-bedroom apartments
at 131 Hokum Rock Road in Dennis to be completed in 2024. The housing is for Cape
Codders with autism and related disabilities who can live independently. These individuals
still need supportive services, health and safety supervision, and access to 24 hour emergency
response, but do not require a congregate setting with round the clock staffing. All
apartments will be built at ground level, and all will be barrier free, fully accessible, and
designed to accommodate the sensory needs of residents with developmental disabilities.
The Grantees’ compliance with the terms of the Grant Agreement and the Restriction will be
secured by a 30-year mortgage on the Property granted by the Grantees to the Town, which
may be subordinated to a first mortgage, and the Grantees will use said Grant Funds to pay
for construction period expenses of the Project. The award of the Grant Funds will be in the
form of a 0% loan, which will be discharged at the end of said 30-year term if the Grantees
have been in compliance with the Restriction for said term; interest will be due in the event
of a default. The mortgage will run with and bind the Property for the entire 30-year term,
notwithstanding any repayment of the Grant Funds, to ensure compliance with the
affordability requirements in the Restriction.
PROJECT ELIGIBILITY
The Project complies with the provisions of the Community Preservation Act (“CPA”), G.L.
c. 44B, §5(b)(2), which provides that CPA funds may be expended “for the acquisition,
creation, preservation and support of community housing.”
The Project is eligible for funding under the CPA as the Town will use CPA monies to
“support” the Project and to “acquire” an affordable housing restriction. It will provide funds
to an entity that will own the Property and/or operate community housing, which Town
funds, in addition to other funds, will make the Project economically feasible and affordable
to its occupants. Any real property interest acquired with CPA funds must be protected for a
minimum period of 30 years. Since the Restriction is proposed for a minimum term of 40
years, the Restriction would comply with the CPA’s requirements. The money will be used
for the acquisition, creation, and preservation of community housing, as it will be used for
the construction of the Project and will result in the imposition of the Restriction, with the
affordability restrictions set forth therein, thereby ensuring the long-term public benefit of
preserving affordable housing opportunities on Cape Cod.
CPC draft for review Page 3 of 7
GRANT AWARD TERMS AND CONDITIONS
The disbursement of the Grant Funds recommended by the Brewster CPC shall be contingent
upon the following terms and conditions, which shall be incorporated in the Grant
Agreement:
1)The Grantees and the Town shall execute the Grant Agreement in substantially the
form attached hereto as Exhibit A.
2)Prior to the release of any Grant Funds, and in no event later than June 30, 2025, the
Grantees shall submit the following information to the CPC for its review and
approval:
• A final project sources and uses budget, including documentation that all projected
sources have been committed in order to determine that the amount of the Grant Funds
continues to be necessary;
• Final development budget;
• Final operating budget;
• Project schedule;
• Construction contract;
3)The Grantees shall execute and deliver to the Town a Note, Mortgage, and Restriction
including the terms hereof and in form acceptable to Town Counsel and record said
Mortgage and Restriction.
4)The Grant Funds are restricted to hard construction costs.
5)The Grant Funds will only be released to the Grantees as reimbursement for
construction work completed in accordance with the provisions of this Award Letter
and the Grant Agreement. Requests for reimbursement, including documentation of the
expenses incurred, shall be submitted to Beth Devine (bdevine@brewsterma.gov), CPC
Assistant. The CPC reserves the right, through its agent, to inspect the work prior to
approving any funding request.
The applicant may request up to 90% of the award at 50% construction completion.
6)The CPC will withhold $12,000 of the Grant Funds until all 8 units have received
certificates of occupancy.
7)Pursuant to the Grant Agreement, any funds not utilized for the Project shall be
returned to the Town and deposited in the CPC’s Budgeted Reserve Fund.
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8)The Grantees shall provide project status report/updates to the CPC liaison every 3
months commencing on the execution of the Grant Agreement until project completion,
at which time a final report will be due.
9)The Project must be completed no later than June 30, 2026. The Project term may be
extended for good cause shown, but such extension must be in writing signed by all the
parties hereto.
10)The terms and conditions herein shall be binding on the parties unless and until
amended, in writing, by mutual agreement. Any significant change in the approved
Project shall require CPC approval and amendment of this award letter. The CPC Chair
shall determine whether a change is deemed to be significant.
11)The CPC liaison for this project is Peggy Jablonski at 919-923-6034 or
pegjab@gmail.com. Do not hesitate to contact her with any questions or concerns.
The CPC is pleased to be able to play a role in this much-needed community housing project.
Please do not hesitate to contact me should you have any questions or concerns.
If the terms of this award letter are acceptable, please agree and accept by signing
electronically below within 15 days of receipt.
On behalf of the Brewster Community Preservation Committee, thank you, and I remain,
Very truly yours,
Faythe Ellis
Chair- Brewster CPC
AGREED AND ACCEPTED BY FORWARD.
By: _________________________________________
David Kaplan
Executive Director, FORWARD
Date: ____________________________________
cc: Peter Lombardi, Town Manager
CPC draft for review Page 5 of 7
Mimi Bernardo, Finance Director
Sarah Robinson, CPC Liaison
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EXHIBIT A
[MODEL]
TOWN OF BREWSTER
COMMUNITY PRESERVATION COMMITTEE GRANT AGREEMENT
PROJECT NAME:
GRANT RECIPIENT:
GRANT AGREEMENT #:
PROJECT DESCRIPTION:
PROJECT LOCATION:
DATE OF TOWN MEETING &WARRANT ARTICLE NUMBER:
PROJECT SPONSOR(S) (IF DIFFERENT FROM RECIPIENT):
This Grant Agreement made this ___day of _______, 20__ by and between the Town of
Brewster, a municipal corporation duly organized under the laws of Massachusetts and having
a usual place of business at 2198 Main Street, Brewster, MA 02631 (hereinafter referred to
as the “TOWN”), acting by and through the Community Preservation Committee (hereinafter
referred to as the “CPC”, and __________ {Recipient} (hereinafter referred to as the
“RECIPIENT”), with an address of ___________________ {Recipient’s Address). The purpose
of this Grant Agreement is to implement the following grant award:
Witnesseth
Whereas, the CPC invited the submission of proposals for grants of funds for purposes
consistent with the Community Preservation Act, G.L. c. 43B; and
Whereas, in response thereto, the Recipient submitted an application for funding, dated
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________ for purposes described in the Project Description section of the Project Funding
Application (hereinafter referred to as the “Project”) (the Project Funding Application is attached
as Exhibit A, and incorporated herein), and the CPC reviewed and approved the Project and
recommended that the funding for the Project be approved at Town Meeting; and
Whereas, the Town Meeting thereafter appropriated the funds recommended by the CPC
pursuant to Warrant Article No. ___ on _______ and authorized the CPC and Town
Administrator to enter into a grant agreement with the Recipient for the purposes set forth in the
Project; and
Now, Therefore, the Town and the Recipient agree as follows:
1.Award. Subject to the terms of this Agreement, the Town agrees to award the Recipient
the amount of {spell out in words and numbers} for the Project.
2.Project Funding Application. The Project Funding Application submitted to the CPC, as
may be amended by conditions of the CPC upon award, is incorporated into this Grant
Agreement by reference (Exhibit A).
3.Term. The term of this Grant Award is ______ (_) years from the date of the Town’s
execution of this Grant Agreement (the “Commencement Date”). All of the work
described in this Grant Agreement must be completed no later than __ years after the
Commencement Date (the ”Completion Date”), unless the CPC grants an extension for
good cause shown. Funds not utilized on the Project must be returned to the Community
Preservation Fund {specify fund, if any} and will be made available for future
appropriation to other recipients.
4.Budget: Other Sources of Funding. Prior to the commencement of the Work, the
Recipient must submit a complete project budget that accounts for (1) the expenditure of
all funds awarded under this Grant Agreement; and (2) the identity and amounts of all
other sources of funding, if necessary, to complete the project as described herein.
Recipient shall not expend any grant funds until such time as it has provided evidence to
the CPC that it has secured sufficient sources of funding to complete the Work and the
CPC has approved the Project Budget. If the CPC determines at any time during the
Project that funds have been spent on goods or services not included in the Project
Budget, or otherwise not authorized under the CPA, the Recipient shall be responsible for
repayment of such funds to the CPA Fund {specify fund, if any}.
5.Disbursement of Funds. The Recipient hereby acknowledges and expressly agrees that all
disbursements of grant funds to the recipient shall be contingent upon satisfaction of the
conditions contained in the Award Letter (a copy of which is attached hereto as Exhibit B
and incorporated herein).
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6.Requirements For Release of Funds. The Recipient hereby acknowledges and expressly
agrees that all disbursements of grant funds to the Recipient or to third parties on the
Recipient’s behalf shall comply with the Award Letter.
7.Reports. The Recipient shall provide the CPC with project status reports as required by
the Award Letter. A Project Closeout Report as required by the Award Letter, including
digital photo documentation of the Project where appropriate, is due with 30 days after
the Completion Date. The Project Closeout Report shall be to the satisfaction of the CPC,
which approval shall not be unreasonably withheld.
a.All documents, including but not limited to photographs, videos, etc. submitted to
the CPC shall become the property of the Town of Brewster and shall be available
for use by the Town and available to the public under the Massachusetts Public
Records Law.
8.Project Liaison. The CPC may designate a CPC Project Liaison for the project being
funded by this Grant Agreement. The Project Liaison may be either a municipal
employee, member of the CPC or a consultant retained by the CPC for that purpose. The
Recipient shall cooperate with the Project Liaison, including providing access to the
project site at reasonable times and with reasonable notice. The Project Liaison shall
serve as the agent of the CPC for monitoring project compliance with the terms of this
Grant Agreement and shall periodically report to the CPC regarding the progress of the
project funded by this Grant Agreement and the compliance of the Recipient with the
terms of this Grant Agreement.
9.Records. The Recipient agrees to maintain such records with respect to utilization of the
grant funds and income derived therefrom as are kept in the normal course of business
and such additional records as may be required by the CPC. Said records shall be
available for inspection by the CPC during the Recipients normal business hours. The
CPC shall be entitled to request copies of any record so kept provided said record does
not contain proprietary information of the Recipient.
10.Deed Restrictions. Pursuant to Massachusetts General Laws Chapter 44B, § 12 every
project that involves the acquisition of any interest in real property with CPA funds shall
be bound by a permanent deed restriction that meets the requirements of M.G.L. c. 184,
limiting the use of the interest to the purpose for which it was acquired. Where applicable
and as required by the Award Letter, Recipient agrees to the imposition of such deed
restriction in a form acceptable to the CPC. {Delete this section if not applicable}
11.Compliance with Laws and Agreement. Recipient understands and agrees that projects
funded through this Award are made pursuant to and must comply with the requirements
of the Community Preservation Act, M.G.L. c. 44B. Recipient also agrees to comply with
all requirements of this Grant Agreement.
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12.Permits and Licenses. It is the obligation of Recipient to obtain all permits and licenses
necessary for implementation of the Project. No local permit or license is waived by the
award of this Grant.
13.No Liability of Town. By making this award, the Town does not accept any liability
whatsoever for any acts, omissions or errors associated with the Project. Nothing in this
Grant Agreement shall be construed to render the Town or any elected or appointed
official or employee of the Town, or their successors in office, personally liable for any
obligation under this Grant Agreement. Recipient agrees to indemnify and defend the
Town from all claims, suits or demands, and costs and expenses, including attorney’s fees
resulting from implementation of the Project.
14.No Assignment. This Grant Agreement may not be assigned by Recipient without prior
written agreement by the Town of Brewster.
15.Default and Termination.
a.If the CPC determines that the Recipient has failed to fulfill all obligations set
forth under the terms of this Grant Agreement and so defaulted in said
obligations, the CPC shall so notify the recipient in writing, setting forth the
nature and details of the default.
b.Upon the Recipient’s receipt of said notice of default, the Recipient shall
immediately cease to incur any additional expenses in connection with the Project
funded by this Grant Agreement.
c.The CPC shall hold a public hearing within fourteen (14) days of the date of the
Recipient’s receipt of the notice of default for the purpose of determining whether
this Grant Agreement should be terminated. The Recipient shall have the
opportunity to present evidence and argument at said termination hearing prior to
the CPC voting whether to terminate the Grant Agreement.
d.At the close of the public hearing the CPC shall issue a written decision setting
forth its findings that form the basis of its decision. The CPC may:
i. vote to reinstate the Grant Agreement without any further condition; or
ii. vote to reinstate the Grant Agreement with additional conditions; or
iii. vote to terminate the Grant Agreement.
e. The CPC shall notify the Recipient in writing of the CPC’s decision relative to
termination of the Grant Agreement.
16.Return of Funds.
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a.Upon completion of the Project, any funds granted to the recipient under this
Grant Agreement and not yet expended shall be returned forthwith to the Town
without further expenditure thereof.
b.In the event this Grant Agreement is terminated pursuant to the provisions of
Section 15 hereof, any funds granted to the recipient under this Grant Agreement
and not yet expended shall be returned forthwith to the Town without further
expenditure thereof.
c.If this Grant Agreement is terminated as a result of negligent or intentional acts or
omissions of the Recipient, the Recipient shall be liable to repay to the Town the
entire amount of funding provided under this Agreement, and the Town shall take
such steps as are necessary, including legal action, to recover said funds.
d.In the event the Town is required to take legal action under this Grant Agreement,
the Recipient shall be liable for all of the Town’s costs expended for the
enforcement of this Grant Agreement, including but not limited to reasonable
attorney’s fees and court costs.
17.Notice. Any and all notices, or other communications required or permitted under this
agreement, shall be in writing and delivered in hand or mailed by certified mail, return
receipt requested or by other reputable delivery service to the parties hereto at the
following addresses:
If to the Recipient:
____________________
____________________
____________________
If to the CPC:
Town of Brewster CPC
2198 Main Street
Brewster, MA 02631
18.Severability. If any term or condition of this Grant Agreement or any application thereof
shall to any extent be held invalid, illegal or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining terms and
conditions of this Grant Agreement shall not be deemed affected thereby.
19.Governing Law. This Agreement constitutes the entire agreement between the parties
hereto, and may be amended only in writing executed by both the Town of Brewster and
the Recipient. Signatory below acknowledges and avers that he/she has the authority to
execute this Agreement on behalf of the Recipient.
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[SIGNATURE PAGES FOLLOW]
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In Witness Whereof the parties have set their hands and seal on the date first written above.
RECIPIENT
{RECIPIENT’S NAME}
___________________________________ BY
ITS
TOWN OF BREWSTER
COMMUNITY PRESERVATION COMMITTEE
____________________________________
BY ITS CHAIRPERSON
TOWN OF BREWSTER
___________________________________
BY ITS TOWN ADMINISTRATOR
TOWN OF BREWSTER CERTIFICATION OF AVAILBLE FUNDS
____________________________________
BY ITS FINANCE DIRECTOR
AS TO FORM ONLY
____________________________________
TOWN COUNSEL
EXHIBIT A PROJECT
FUNDING APPLICATION
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EXHIBIT B
AWARD LETTER
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ATTACHMENT A
CERTIFICATE OF AUTHORITY & LIST OF OFFICERS AND DIRECTORS
GRANT AGREEMENT #: RECIPIENT:
I hereby certify that I am the Clerk/Secretary of:
_____________________________________________________________________; and that
(Print Name of Corporation)
________________________________________________________________ is the duly
(Print name of Officer who signs the Grant Agreement)
elected _______________________________________________________ of said corporation;
(Print title of Officer who signs the Grant Agreement)
and that on ________________________ at a duly authorized meeting of the Board of Directors
(date of Meeting)
of said Corporation, at which a duly authorized quorum of the Directors were present and acting,
or waived notice, that _________________________________________________
(Print name and title of Officer signing Grant Agreement)
of this corporation be and hereby is authorized to execute contracts and bonds in the name and
on behalf of said corporation, and affix it Corporate Seal thereto, and such execution of any
contract of obligation in this corporation’s name on its behalf, with or without the Corporate
Seal, shall be valid and binding upon this corporation; and that the above vote has not been
amended or rescinded and remains in full force and effect as of the date set forth below.
Attest: ______________________________________________________
(Signature of Clerk/Secretary)
Name: ______________________________________________________
(Printed or typed name of Clerk/Secretary)
Date:
NOTE: THE DATE OF THE VOTE AUTHORIZING OFFICER TO SIGN GRANT AGREEMENT MUST BE
BEFORE THE DATE THE OFFICER ACTUALLY SIGNS THE GRANT AGREEMENT. THIS
CERTIFICATE MUST ALSO BE EXECUTED BEFORE THE OFFICER SIGNS THE GRANT AGREEMENT.
PLEASE ATTACH A LIST OF OFFICER AND DIRECTORS OF THE CORPORATION
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ATTACHMENT B
State Tax Attestation
The Department of Revenue under the provisions of the Revenue Enforcement and
Protection Program has directed the Town to have each provider of goods, services or real estate
receiving $5,000 or more sign the attestation clause below:
Pursuant to M.G.L. Ch. 62C, Sec. 49A, and M.G.L. Ch. 151A, Sec. 19A, I,
____________________________________________, authorized signatory for
_______________________________________________, with a principal place of business
at___________________________________ ________________________________________
do hereby certify under the penalties of perjury that _______________________
________________________________, to my best knowledge and belief, has filed all state
returns and paid all state and Town of Brewster taxes required under law.
The Business Organization Social Security Number or Federal
Identification No. is _________________________________________
Signed under the penalties of perjury
this___________________day of _________________________________
20________.
______________________________________________________________
Typed or Printed Name and Title of Corporate Officer
This statement should be signed and either a Social Security Number of Federal Identification
Number should be included.
Community Preservation Committee
Minutes of February 8, 2023 Page 1 of 9
vd
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Hybrid Meeting
Wednesday, February 8, 2023, at 4:00 p.m.
MEETING MINUTES OF FEBRUARY 8, 2023
Present: Community Preservation Committee (CPC) – Chair Faythe Ellis, Vice-Chair Sarah Robinson,
Treasurer Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Christine Boucher, Bruce Evans,
Paul Ruchinskas, Peggy Jablonski (4:08)
Absent:
Also Present: Cynthia Bingham, Select Board; Donna Kalinick, Assistant Town Manager; David Quinn,
Housing Assistance Corporation; David Kaplan, FORWARD; Kathy Ohman, FORWARD; Vitalia
Shklovsky, POAH; Jay Coburn, CDP
Chair Ellis called the meeting to order at 4:03 pm and announced a quorum.
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.
1.Public Announcements and Comment- none
2.Financial Update
The only change on our regular worksheet is our vote from the last meeting to recommend funding for
the Housing Coordinator, listed under the column for Undesignated Fund Balance. No questions on the
financial update in the packet. Faythe will also include the 5-year plan information from the Housing
Trust.
3.Discussion and possible vote on funding recommendation (amount, source, stipulations,
liaison) for application from FORWARD (Friends or Relatives with Autism or Related
Disabilities) for $120,000 toward Phase II of Forward at the Rock
David Kaplan addressed the committee and thanked them so much for their support in Phase One. Kathy
Ohman then addressed the committee. FORWARD Phase One is built on land donated by the town of
Dennis on Hokum Rock Road. It is a total of two group homes each with four bedrooms and 4 residents
with a total of 8 residents. When we opened in 2020, we were only able to build two buildings. It was
built in the midst of the pandemic, on time, and on budget with more than $1million from 6 towns
including the Town of Brewster. We decided to build another two buildings for another 8 residents to
Approved:
VOTE:
Community Preservation Committee
Minutes of February 8, 2023 Page 2 of 9
complete the building on this location. We are currently waiting to hear from the DHCD on a
$1.5million application we made, and we are applying to 6 CPC’s. The Town of Dennis approved
$670,000, the Town of Yarmouth approved $180,000, the Town of Barnstable approved $375,000. All
pending Town Meeting Approval. And we are applying to Sandwich and Bourne. The current residents
have all been there since the fall of 2020 from differing Cape Towns – 4 from Barnstable, 1 from
Dennis, 1 from Yarmouth, and 1 from Sandwich and 1 from Orleans. The Department of Developmental
Services will decide who the next 8 residents will be. She then turned it over to David Kaplan to
continue. He shared his screen and showed a rendering of what the apartments will look like. This will
be built adjacent to the current buildings. There is only one abutter to the project. It is on the same 4.6
acres but will operate separately from Phase One. Phase Two addresses an obvious critical need. It
creates new supportive homes for adults with developmental disabilities. They are apartments and will
not have on-site assistance. They will have iPads to connect to someone at any hour and will have
service plans with the Department of Developmental Services (DDS). They will all have services to
come in to help with training and behavioral supports but will be able to live independently. It will add 8
permanent units to the subsidized housing inventory in the Town of Dennis. Most residents will be
paying $571/month; rents and utilities will be subsidized through the DHCD vouchers. It puts us in what
we think is a very good position for operating income, cash flow, our ability to pay the mortgage and a
little left to consider the next building project once this is complete. HAC is our development consultant,
and we get a lot of help from them. 8 one-bedroom apartments, lots of extra care for sensory
considerations, sound attenuation, extra insulation, sound baffles, for a calm easy environment. It is
away from any of the neighbors to minimize impact. There is a common area where there will be a
kitchen for some education and for fun evenings, movie nights, etc. We will have back up utilities –
solar and generators. Highly efficient electric homes. Built on grade so no thresholds, all can
accommodate wheelchairs, roll under stove and sink, roll into shower, etc. Each unit will have a covered
back porch, and its own laundry to avoid common area laundry. So far most of the driveway and all the
utilities have been brought in. They are close to phase one buildings, but there will be separation. There
will be basement storage areas. Mortgage between $650,000 to $850,000 depending on other sources of
income and cost of construction. David Kaplan then went over the costs to maintain the project – about
$540,000/unit. It may go a little higher. The development team – Mass Department of Developmental
Services will select all the residents from their clients. Their Development Team - HAC is their
development consultant; Union Studio Architects; Horsely Whitten Civil Engineers; Gary Barber, Clerk
of the Works; FORWARD Building Committee; CPA and at least two law firms. He then went through
all the sources of funds so far and FORWARD will be putting in $231,000 of its own funds. If all goes
as planned, construction will start late summer, early fall. It should take less than a year. Cape
Associates were great for Phase One; we think we can do that again and have occupancy by fall of 2024.
Peggy said given the meeting we had with the Brewster Affordable Housing Trust, because this project
and others we are considering tonight, do not focus directly on Brewster residents, or have a preference,
etc., when she looks at a project like this for 8 apartments requesting $120,000, she finds she is not able
to support this in the same way she would in the past. Because there were no people selected from
Brewster for the Phase One project, is there any way to get some kind of preference in the next round?
Kathy Ohman answered this is a regional project for people with developmental disabilities on Cape
Cod, so, it’s not as close as being a parent from the Nauset School District, but it is a regional project.
We thought they did a good job of selection based on qualifying criteria and need. It is a very different
process than other affordable housing selection processes. They do not know where the residents will
come from. We may have more input with them about some of that and we can talk with them about the
other towns that are supporting us with CPC funding.
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Minutes of February 8, 2023 Page 3 of 9
Christine wondered about the facility in terms of the ability to possibly link it with the newly proposed
Dennis sewer system. Have they had those conversations to put this facility in the sewer system with the
neighborhood behind the property. David Kaplan answered that they have heard from the town
regarding septic design. We would be happy to pursue that if that were part of the future discussions.
Christine also wondered about the backup generator and how it would be fueled. David Kaplan said it
would be fueled by gas from underground tanks. We are hoping to put in solar so that solar could power
through a complete power failure. It is still required by the State that it be gas generated. It will be far
away from the buildings.
Paul said it was an incredibly thorough application. He only had a couple questions - the budget and
owners’ equity could be Forward’s own sources, but worst case, you could donate developers fees?
David Kaplan said, yes, that is fair, we did that for Phase One. We used some developer fees to establish
our Capital Reserve as well. Paul said if you don’t have to, that’s great. On the Operating Budget, you
don’t have anything in the budget for electricity. Doesn’t the common room have electricity that you
will get billed for? Paul was also curious about the landscaping, $15,000/year seemed on the higher end.
If the Housing Authority is the Property Manager – primarily their role would be to handle rents and
income certification or will they handle maintenance as well. David Kaplan said we plan to separate the
voucher and rent from the facility, so we think there will probably be a commercial property manager
for the facility itself. Cape Associates provides that type of service. We would prefer not to be in that
end of the business. We consider ourselves to be developers. Paul asked how the social services funding
works. Kathy Ohman said it is very different from the group homes. We have a sublease with Cape
Abilities, and they manage everything that goes on in the Group Home. People will have individual
responsibility for hooking up their own services, with help obviously. In other settings like this, families
have gotten together for services. There are lots of possibilities. It is all very individualized. Paul said
thinking of the future, Blue Rock is the mortgage lender for Phase One. Have you thought about the
refinancing on Phase One? David Kaplan answered it is Blue Hub out of Boston. We have started
thinking about it. We will consolidate and take them out of that mortgage and find a new lender – a local
bank, like Mass Development, will become the new lender for both properties. Paul said to address
Peggy’s concern – there is no real lottery, and there is no way around that for preference. This kind of
housing is a regional issue. He can understand that there is no local preference. Dennis is putting in the
lion’s share of this funding.
Rollie agrees with Peggy. Sharon said she understands what Peggy is saying about local preference, but
this is a special situation. Not so much as just selection, but a selection of individuals that could live
comfortably together. The mission of this project is to provide housing for a certain segment of the
population, and as long as it is done well, it is impossible to control something like that. She is in favor
of the project. Bruce wondered if there would be many people looking to occupy this property and
would feel extremely lucky to get in. Kathy Ohman said she hears from parents every week. It is a
regional project for people living on Cape Cod and they would be lucky to get into one of these 8 units.
Sarah is not in disagreement with Peggy about taking a look at funding for regional projects, however,
she firmly believes this population is terribly underserved in terms of housing. It is not always a function
of finance but of livability. She supports this project wholeheartedly. Faythe said she appreciates the
information here, especially the needs analysis, and will be able to respond well to any questions that
come up along those lines. As part of developing our CPA plan, we did have conversations about
regional projects and one of the things we said we would want to do is allocate funding for regional
projects that demonstrate clear community benefit and contributions from other communities in the
region. She appreciates that they have reached out to many towns for funding, and she supports this
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Minutes of February 8, 2023 Page 4 of 9
housing for a particular population. It is needed, and she is mindful of our budget constraints. In this
case, it meets the criteria. We are in a position with a carryover balance, and she is comfortable using the
carry over balance for this project.
Peggy fully supports the project in concept, what she is struggling with is the fact that we provided
$75,000 in the first round, this request is for $120,000. We have other requests in front of us for similar
amounts. She wondered if she could make a motion to reduce the amount. Faythe said we can have a
motion made, discuss it, then fine tune the amount at that time.
Donna Kalinick said the septic system, is it IA or traditional? David Kaplan said he could get back to her
on that. Donna Kalinick followed-up by asking that if folks don’t have vehicles, do you arrange for
public transport to come to the site? David Kaplan said there are arrangements with their service
providers. Donna Kalinick wanted to make a comment regarding the local preference conversation – the
Nauset preference only comes into play if the building is being done in a town where a Nauset school
exists. So that’s why the building being done in Eastham has the High School there, their preference
went to Nauset families. If we do build in Brewster and have a level in local preference, it only extends
to the kids in our elementary schools. When Habitat did a project in Harwich, kids who went to the Tech
were able to apply because the Tech school was in Harwich. The whole idea of the regional CPC giving
money to projects originates on the Cape, and she doesn’t believe DHCD has a model as to how to
handle this when it comes to local preference. We also have a discussion about the units only going on
the SHI of the town where the building is being built. The developer isn’t the one who asks for local
preference, it would be the town. In this case, that won’t happen because it is all handled by the
Department of Developmental Services. Some of it is just about what is allowed under the existing
structure.
Faythe asked David Kaplan where Brewster money would be used for or applied. David Kaplan replied
that it would be applied to hard and soft costs but not to fees. Faythe said applied to construction costs
then. Donna Kalinick said when you funded Phase One, we did have the issue that we couldn’t be listed
as a co-grantee. It was painful. We had to do a separate deed rider. A lot more CPC’s will be involved, it
might be something to work out ahead. The Town of Brewster does require an interest in real form when
we provide funding for these types of projects. David Kaplan said with the timing, this time, you would
be in before the closing and that would simplify it. Faythe said one of the stipulations would be that we
would be part of the listing of communities listed as a co-grantee. Donna Kalinick said we ended up
doing a separate affordable housing restriction. It would be better to have a clearer path this time around.
Faythe said she would note that on the written conditions of the award.
Motion to approve $75,000 from the Undesignated Fund Balance to cover construction costs of the
Project.
MOVED by Peggy Jablonski. Seconded by Roland Bassett.
Peggy said she looked at the other projects on the docket tonight. She understands it is for a special
population which makes it a little different. Since we funded $75,000 in the first round, it seems like this
would be the same number of units. The Wellfleet project is 46 units, and they are asking for $100,000.
She is struggling with providing the $120,000 for a project significantly different in size.
Sharon would keep the requested amount; this is specialized housing with special needs of the
individuals which would require specialized construction. It’s comparing apples to oranges. As far as
$75,000 from last time, construction costs have escalated enormously since the pandemic. $120,000 is
probably equivalent to what we could have received 3 years ago. Elizabeth agrees with Sharon. Sarah
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Minutes of February 8, 2023 Page 5 of 9
agrees it’s a special situation with a special population. She is in favor of the original request. Faythe is
comfortable with the $120,000.
Roll Call Vote: Elizabeth Taylor – no, Bruce Evans – yes, Sharon Marotti – no, Sarah Robinson –
no, Christine Boucher – no, Roland Bassett – yes, Peggy Jablonski – yes, Paul Ruchinskas – no,
Chair Ellis - no.
VOTE 3-yes 6-no
Motion to approve original dollar amount of $120,000 from the Undesignated Fund Balance to
fund hard construction costs.
MOVED by Elizabeth Taylor. Seconded by Paul Ruchinskas.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Christine Boucher – yes, Roland Bassett – no, Peggy Jablonski – no, Paul Ruchinskas – yes,
Chair Ellis - yes.
VOTE 7-yes 2-no
Motion to approve $5,000 in addition to the $120,000 to cover the committee’s legal expenses.
MOVED by Sharon Marotti. Seconded by Bruce Evans.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Christine Boucher – yes, Roland Bassett – no, Peggy Jablonski – no, Paul Ruchinskas – yes,
Chair Ellis - yes.
VOTE 7-yes 2-no
Sarah Robinson volunteered to be liaison.
4.Discussion and possible vote on funding recommendation (amount, source, stipulations,
liaison) for application from Housing Assistance Corp. (HAC) for $50,000 toward 107 Main
Street, Orleans
Paul recused himself as he is on the HAC Board.
David Quinn, Director of Housing Development at HAC, presented to the committee. This is a new
housing development project of 14 units. It is one building, but it feels like multiple buildings in design.
He went over some of the other projects in the housing development pipeline. This project is targeted at
a higher income level - 80% of AMI – all 14 units. Located at Orleans – 107 Main Street, Orleans. It is a
1.25 acre property owned by the Orleans Affordable Housing Trust purchased in 2020 after conducting
feasibilities studies and community outreach. HAC has been working very closely to have the project
designed and get all permitting completed. The design fits in with the neighborhood. There will be 14
rental units for a total of 20 bedrooms – full buildout of the site - 9 one-bedroom, 4 two-bedrooms and 1
three-bedroom unit. There will be an alternative sewer system in place. There will be 29 parking spots in
total. We are working closely with Cape Light Compact to get this building above code for energy
efficiency. All zoning approvals are done that are needed locally. He went over the budget. Total
development cost is $6,765,786; $483,270/unit. Looks like things have plateaued in terms of
construction costs at this time. He then went over the sources of funds.
Christine asked about the passive house analysis – was it after the IRA funding came out? David Kaplan
answered they looked at it, and the additional costs associated with bringing in additional consultant
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Minutes of February 8, 2023 Page 6 of 9
costs and architectural costs to do the design and felt it more cost effective to incorporate those features
but not get the certification. They didn’t feel incentives were big enough. Christine asked about the
alternative septic. David Kaplan said he would get that to her. He said it was going to get down to 19
parts per milliliter. It is meeting the standard for nitrogen sensitive areas, even though this isn’t one of
those areas. The septic is located under the parking lot and the engineer kept that in mind if it could be
connected to the main line later. We don’t know the timing of that possibility yet. All units will be
electrified – mini splits. Sharon asked about utility costs with all electric. David Kaplan said tenants will
be responsible for utilities. We calculate backing in utility costs out of the rent as a utility allowance.
Tenants wouldn’t pay more than 30% of their income to housing costs- rent and utilities. We have seen
that the high efficiency electric heating and cooling systems are incredibly efficient and cheap. We are
also hoping to pair solar with the heat pumps if we can get that financed. Sarah asked about local
preference. David Kaplan said the town of Orleans is applying for local preference. All of the facts that
Donna Kalinick spoke to earlier would apply. Faythe said essentially the same situation as we had with
Pennrose. Eastham has approved $100,000; Wellfleet – no; Chatham has yet to vote, asked for
$100,000. Faythe asked if they were planning to ask Harwich. David Kaplan said they missed their
application and may go back to them depending on the timing. David Kaplan said they were happy to
commit these funds to hard construction only.
Donna Kalinick said HUD says $86,950 for family of 4 – she wanted to clarify, it’s up to 80% of AMI –
so they can still apply even if they are below that; they can’t apply if over 80% AMI. Donna Kalinick
asked about laundry and storage – David Kaplan said there will be laundry hook ups in every unit and in
the basement, 4 community washer and dryers. There is also tenant storage units in the basement.
Christine asked about the 1 handicapped unit – will a washer and dryer be provided because they
couldn’t get to the basement. David Kaplan said he would double check. Christine asked about EV
charging parking spaces. David Kaplan said they would put in an electric conduit so they could be easily
added to the front row parking spots.
Motion to approve $50,000 from the Undesignated Fund Balance, used toward hard construction
costs with an additional $5,000 to cover legal expenses related to the project, so total request of
$55,000.
MOVED by Roland Basset. Seconded by Sharon Marotti.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Christine Boucher – no, Roland Bassett – yes, Peggy Jablonski – abstain, Chair Ellis - yes.
VOTE 6-yes 1-no 1-abstain
Sharon volunteered to be liaison.
5.Discussion and possible vote on funding recommendation (amount, source, stipulations,
liaison) for application from POAH/CDP for $100,000 toward Juniper Hill in Wellfleet
Paul recused himself as he is on the CDP Board
Jay Coburn, CEO of the Community Development Partnership, are partners with the Preservation of
Affordable Housing. Jay Coburn addressed the committee; Vita Shklovsky from POAH is here as well.
This is a beautiful property situated in a perfect location in Wellfleet, directly across from the
elementary school on a town-owned parcel of land. They have received the permit from the Wellfleet
ZBA in record time with absolutely no opposition from the public. It houses a broad range of incomes
including 11 units above 80% AMI; it is an environmentally, and sustainable project being built to a
Community Preservation Committee
Minutes of February 8, 2023 Page 7 of 9
passive house standard. Goal for it to produce, through solar panels, the amount of energy it consumes.
Also tapping into a wastewater treatment facility at a higher-grade system built by the town serving
these homes, the elementary school, police, fire, and a small neighborhood in a sensitive area in town.
He then turned it over to Vita Shklovsky who addressed the committee. There will be 46 total
apartments. They divided the site – into two villages – the upper village will have town homes of 2-3
bedrooms and a lower village housing 1–2-bedroom apartments. There will be a walkable path for both
villages. This is a town owned lot. All electric systems. It is a 10-minute walk to downtown Wellfleet.
The upper village is geared for families, lower village for individuals and seniors. There is a baseball
field and water tower on site. The upper village will also have a community garden, play yard, laundry, a
community common room and patio, and the lower village – common room, and tenant laundry in a
common space. She then went over the budget and funding requests. They applied to Orleans and
Provincetown. They have Wellfleet commitments of $1 million from their CPC and $500,000 from their
Housing Trust. They applied for the Barnstable County Home Consortium.
Sharon asked about local preference – Nauset School district – Donna Kalinick said the building is not
occurring in a town where there is one of the regional schools. It is a town decision, not a developer
decision. The local preference would be for families who have kids in the Wellfleet elementary school
system. Jay Coburn said this is a request made by the town of Wellfleet. It is his assumption the town
will request the maximum of 70%, and it will be up to DHCD to approve that. It is important to look at
this from another perspective – what happens when lotteries are conducted and they are filled? What
usually happens is that more than 70% of the residents are people who live on the Cape and most of
those are people in the town or surrounding towns. Donna Kalinick said it might be good for Jill Scalise
to walk through the whole lottery process. It is extremely complicated. This question keeps coming up –
we may have a session on that. Jay Coburn said from the perspective from an organization that supports
small business, we have a need for affordable housing for people that live on the lower Cape now, we
also have a need for families that would like to move into the community and have careers, just jobs that
aren’t enough to buy million-dollar homes. Our businesses are clamoring for us to create housing for
workers to create and meet the needs of our communities. Faythe said for subsequent tenants, it’s just
for those who qualify. Jay Coburn said for those families not able to be served for the initial lottery list,
then get added to the waitlist. As a provider who manages a waitlist, more than 70% are people who
currently live on the lower Cape. We do not have a pipeline of people over the bridge looking to get into
affordable housing on the lower Cape.
Sarah said regarding how much money has been given to regional projects, Brewster residents are not
the majority of those getting housed. She is unsure if the full amount should be supported. Why was
Truro not asked? Jay Coburn said they have a very early deadline in the fall, and it was unfortunately
missed. Jay Coburn said to keep in mind that while the Town of Brewster is putting in significant funds
to its own projects, the taxpayers throughout MA and throughout the country are putting in the majority
of resources to building these projects coming from state and federal sources. This is a broader
perspective – we should be thinking about the region interconnected with people working in one town
and living in another. The way we have been coming together to work on this and support other projects
is a really great way for us to be working together to solve this problem.
Faythe said she has really struggled with this project. She thinks we have been very supportive of
regional projects. She can see they applied to Orleans, Brewster, and P-town and there are many other
towns on the lower cape that will benefit more from this project. She wished they were asking those
other towns as well. Jay Coburn said we will. They were not asked because their deadlines were much
earlier. Provincetown currently has a 65-unit project about to be underway competing for the same
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Minutes of February 8, 2023 Page 8 of 9
funding. The town of P-Town has already put $3.5 million in and is being asked for another $500,000 in
CPC funds as well as $750,000 in Housing Trust money. They are putting the highest percentage of its
short-term rental tax proceeds, about $4 million/year, into affordable housing.
Donna Kalinick said that the CPC must be specific that the funding goes to the units that are below the
120% AMI because it exceeds what is allowed under the CPC statute. Faythe said our next funding
round would be decided at the Fall Town Meeting – what would that do to your timeline if we asked you
to apply then. Vita Shklovsky said we are waiting to hear back from the state. Ideally, we would want to
present a picture to the state that we have applied to and show as many local funding commitments as
possible. The way the state decides what projects get awarded comes down to how much they can
leverage and support a project that is already being locally supported. They will more likely give us an
award. If we waited, the state wouldn’t know that because they make their decisions in May. It makes us
look like a much stronger contender.
Motion to approve the project in the amount of $50,000 for hard costs only from Undesignated
Fund Balance, with an additional $5,000 for legal fees and restricting the units to below 120%
AMI.
MOVED by Sarah Robinson. Seconded by Roland Bassett.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Christine Boucher – yes, Roland Bassett – yes, Peggy Jablonski – yes, Chair Ellis - yes.
VOTE 8-yes 0-no
6.Approval of Minutes from 1/11/23
Motion to approve the Minutes from 1/11/23 as presented.
MOVED by Peggy Jablonski. Seconded by Roland Bassett.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Christine Boucher – yes, Roland Bassett – yes, Peggy Jablonski – yes, Paul Ruchinskas –
yes, Chair Ellis - yes.
VOTE 9-yes 0-no
7.Conflict of Interest Training reminder
Faythe reminded the committee about the training. No further discussion.
8.Project updates
Spread the word for the sale of 14 Yankee Drive – 2 bedroom/1 bath condo easy to everything in
Brewster. It is all spiffed up! If folks are interested, the application deadline is Feb 14th.
9.Announcements
Faythe said the Attorney General approved our bylaw change approved at Fall Town Meeting.
No further discussion.
10.Items Chair could not anticipate - none
Community Preservation Committee
Minutes of February 8, 2023 Page 9 of 9
11.Upcoming meeting: Wednesday, February 22, 2023 Hybrid
MOTION made by Bruce to adjourn the meeting at 6:23 pm. Roland Bassett second.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Paul Ruchinskas – yes, Roland Bassett
– yes, Sharon Marotti – yes, Christine Boucher – yes, Sarah Robinson – yes, Peggy Jablonski –
yes, Chair – yes.
VOTE 9-yes 0-no
Respectfully submitted, Beth Devine, Recording Secretary
Packet of additional documents available on website for public review.
Community Preservation Committee
Minutes of February 22, 2023 Page 1 of 4
vd
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Hybrid Meeting
Wednesday, February 22, 2023, at 4:00 p.m.
MEETING MINUTES OF FEBRUARY 22, 2023
Present: Community Preservation Committee (CPC) – Chair Faythe Ellis, Vice-Chair Sarah Robinson,
Treasurer Sharon Marotti, Clerk Elizabeth Taylor (4:05), Roland Bassett, Bruce Evans, Paul
Ruchinskas, Peggy Jablonski
Absent: Christine Boucher
Also Present: Cynthia Bingham, Select Board
Chair Ellis called the meeting to order at 4:02 pm and announced a quorum.
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.
1.Public Announcements and Comment- none
2.Discussion and possible vote on funding recommendation (amount, source, stipulations,
liaison) for application from Brewster Council on Aging for $9,670 toward accessible outdoor
furniture for Freeman’s fields
Faythe said that based on the presentation we received at the Public Hearing, the committee could
discuss it and decide on it now. Paul thought we could go ahead; Peggy agreed. Rollie said that when we
finally have the walk, these will be placed around the field and they are wheelchair accessible as well.
Cindy Bingham said they have double arms on both sides, bench or picnic tables to be easily accessible.
Faythe said the ask is for $9,670 and is slightly nervous the price may have changed. She wondered
what the committee should do in terms of going up a little bit. Cindy Bingham said they are very careful
with this amount of ask because they do not want to go over $10,000. Paul asked if these would remain
outside throughout the winter. Rollie said the picnic tables we have now are never brought in; they do
not rot with certain building materials.
The source of funding would be from undesignated fund balance carryover. Faythe said there are no
stipulations. The liaison will be Rollie.
Motion to approve the amount of $9670 to be funded from the Undesignated Fund Balance, with
Roland Bassett as liaison.
Approved:
VOTE:
Community Preservation Committee
Minutes of February 22, 2023 Page 2 of 4
MOVED by Roland Bassett. Seconded by Sharon Marotti.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Roland Bassett – yes, Peggy Jablonski – yes, Paul Ruchinskas – yes, Chair Ellis - yes.
VOTE 8-yes 0-no
3.Review of last meeting’s funding recommendation motions and possible amendments for
clarity
Faythe said the motions were complicated at the last meeting and wondered if anything had fallen
through the cracks. She would like to wait for the minutes for the next meeting, and that would allow us,
if there are any edits to the minutes, to re-vote, if necessary, at that time.
4.Appointment of liaison to Juniper Hill Wellfleet project
Paul recused himself.
Peggy was double checking the votes on that application, and if she didn’t abstain or vote no, she will
volunteer to be the liaison.
5.Appointment Discussion and possible vote on draft warrant article for Spring Town Meeting
Faythe said the draft warrant article starts on page 2 of the packet and walked the committee through it.
She said she had to make more edits this time because the Target Allocations and percentages have
changed with the new formula. 10% to Historic Preservation, 10% to Community Housing, 10% to
Open Space/Rec, 70% Budgeted Reserve (can be used for any category).
Elizabeth asked if there would be problems if listing Recreation and Open Space because people will
think they can share that money. It is only for passive recreation, not active recreation. Faythe said she
disagreed with that assessment. There is an amendment that Recreation and Open Space can be co-
mingled. Faythe said she would reach out again to re-confirm.
Paul said CPA funds decided from Yarmouth and Barnstable Town Meeting – Barnstable doesn’t have a
Town Meeting.
Faythe said she will be on the Select Board Agenda for 3/13 and Finance Committee for 3/15 for her
warrant article presentation.
Motion to approve draft warrant article subject to the edits tonight and any subsequent edits by
Town Administration.
MOVED by Roland Bassett. Seconded by Bruce Evans.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Roland Bassett – yes, Peggy Jablonski – yes, Paul Ruchinskas – yes, Chair Ellis - yes.
VOTE 8-yes 0-no
6.Financial Update including housing focused discussion
Community Preservation Committee
Minutes of February 22, 2023 Page 3 of 4
Faythe said she included our normal spreadsheet tracking our performance against the statutory formula.
She included the information we have from the BAHT five year plan with potential asks for CPA
funding over that time. Late today, she sent out the latest version of our TAP tracking sheet.
Sarah said she knows how difficult it is to say “no” to anyone, but at some point, do we decide whether
we are most interested in Brewster residents and Brewster projects. She understands that we go to other
towns to ask for funding and they come to our town for funding. She feels it’s our responsibility to make
sure our town is taken care of the best we can before opening funding to other regions. Sharon thinks we
need to put more emphasis on local preference on housing projects. She knows there is a housing crisis
all over, but we are the Brewster CPC. Rollie agreed with both. He said we have some big projects
coming around, and he doesn’t recall asking other towns for funding. The more local people we have go
into these units, the better. Peggy thanked the Chair for the conversation. She agreed with what was said
and has another struggle that, as a town, we had a major purchase of the sea camps properties, we
haven’t seen what will be needed there fully. We need to be thinking ahead about what will happen with
this major acquisition that could touch on any/all the categories. She was confused about the $500,000
funding for other projects – what was that for? Paul said it was a potential for any housing that might
happen at the Sea Camps and other potential acquisitions or redevelopment we might be able to secure
and provide support for. It was a budget estimate, trying to make our best guess on what we would be
asking for funds for down the line.
Elizabeth said it is a real shame that when we have helped with housing in town, the applicants have not
gone to other towns for funding as they have come to us. She wishes there were a way to make a
preference percentage go to locals. Paul said he appreciates the struggle with regional projects; however,
the statute does encourage towns to look at regional projects. And in terms of preference, he would
make a distinction between those developments for special populations that cannot have local
preference. He considers those regional projects worthy of support even though they may not end up
housing any Brewster residents. The other thing about regional projects, given the price tag of where
larger developments are – you are talking about $25 million - $30 million developments, so to go around
to 4-7 other towns asking for $50,000-$100,000 is not a huge ask for such a project. Our $50,000 for
Juniper Hill, at a cost for such a small amount, is short money for a lot of work and effort to put in for
such a huge development. He thinks we may see fewer of those asks in the future. As far as local
preference goes, they are not on the applications because it may give a better chance of diversification in
the selection process. On the TAP spreadsheet, the FY24 expenditures coming out of undesignated
reserve, we really need to track that for Housing, Rec, Historic, Open Space, for tracking purposes going
forward.
Faythe said the information the Housing Trust gave us is tremendous for planning purposes. It informed
her decision on what we would fund. We should be focusing our efforts on what Brewster needs and that
would be the requests from the Affordable Housing Trust because they will focus on Brewster residents.
The only difference between what they are asking for and our revenue is essentially what we would have
for a regional project. She thinks this will continue to evolve and looks forward to knowing what
requests will come from the Trust for our next funding cycle. As well as an undesignated amount going
to the Trust to make it more nimble. We have a good starting point for these decisions, and the regional
ones are hard. If we decide on something other than what is requested, it is important for what funding is
approved to go toward regional support. We get it, it is not a town by town thing, we are a region.
7.Discussion and possible vote on draft award letters
Community Preservation Committee
Minutes of February 22, 2023 Page 4 of 4
Bruce said that on the Housing Coordinator award letter – maybe the second paragraph down, there is
one run-on sentence/paragraph. We have used it many times, it isn’t a matter of accuracy. He approved
it.
Paul said term number 2 – you want to change that to the Undesignated Reserve
Motion to approve the award letter as presented with that amendment.
MOVED by Roland Bassett. Seconded by Bruce Evans.
Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson – yes, Roland Bassett –
yes, Peggy Jablonski – yes, Paul Ruchinskas – yes, Chair Ellis - yes.
VOTE 7-yes 0-no
Elizabeth left the meeting before the vote was taken.
8.Approval of Minutes from 1/25/23
Motion to approve the Minutes from 1/25/23 as presented.
MOVED by Sharon Marotti. Seconded by Sarah Robinson.
Roll Call Vote: Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson – yes, Roland Bassett –
yes, Peggy Jablonski – abstain, Paul Ruchinskas – yes, Chair Ellis - yes.
VOTE 6-yes 0-no 1-abstain
9.Project updates
Faythe wanted to give the committee a head’s up that she will be turning her attention to project updates
in future meetings.
10.Announcements
Cindy Bingham to remind everyone March 6th 6PM is the Special Town Meeting at Stony Brook
Faythe said she got an update on Cape Housing Institute and other meetings and programs
running in March. We will send out an email with those updates.
11.Items Chair could not anticipate - none
12.Upcoming meeting: Wednesday, March 8, 2023 **new meeting attendance from SB**
MOTION made by Bruce to adjourn the meeting at 4:51 pm. Sarah Robinson second.
Roll Call Vote: Bruce Evans – yes, Paul Ruchinskas – yes, Roland Bassett – yes, Sharon Marotti –
yes, Sarah Robinson – yes, Peggy Jablonski – yes, Chair - yes
VOTE 7-yes 0-no
Respectfully submitted, Beth Devine, Recording Secretary
Packet of additional documents available on website for public review.
Community Preservation Committee
Minutes of March 8, 2023 Page 1 of 4
vd
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Hybrid Meeting w In-Person Quorum
Wednesday, March 8, 2023, at 4:00 p.m.
MEETING MINUTES OF MARCH 8, 2023
Present: Community Preservation Committee (CPC) – Chair Faythe Ellis, Vice-Chair Sarah Robinson,
Treasurer Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Bruce Evans, Paul Ruchinskas,
Peggy Jablonski, Christine Boucher
Absent:
Also Present: Cynthia Bingham, Select Board; Jill Scalise, Housing Coordinator
Chair Ellis called the meeting to order at 4:00 pm and announced a quorum.
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.
1.Public Announcements and Comment- none
2.Financial Update
Faythe said, she included in the packet the normal budget worksheet and the warrant article. She also
included on pages 4-6 a follow up to the discussion with regard to the combination of the Statutory
Formula of Open Space and Recreation. For the record, she included it in the packet. When we were
voting our projects, we decided we would spend down the undesignated fund balance that was a
carryover from the prior formula which can be used for 3 of the 4 CPA categories. When she met with
Mimi Bernardo, she suggested for reconsideration, it would be customary for the recommendation to
spend the bucket related to the item first and then move to undesignated funds if you need additional
funds. Faythe wanted to ask the committee their thoughts. Peter Lombardi and Donna Kalinick said they
are neutral on this. Elizabeth felt we should leave it as it is. Sarah asked if there were any reasoning for
this. Faythe said it is the standard CPA approach to spend the dedicated funds before going to those that
are flexible. But we are in a special place where we are transitioning. Sharon agreed with that because
going forward, that undesignated balance will be comingled with what Mimi Bernardo has. So, the more
we can utilize those funds, the more it will make it easier going forward. She feels it will make for less
confusion going forward. Paul agreed it would make it easier. Faythe said we will keep it as is.
Approved:
VOTE:
Community Preservation Committee
Minutes of March 8, 2023 Page 2 of 4
3.Discussion and possible vote on buy-down request of $62,500 related to the resale of 14 Yankee
Drive
Jill Scalise addressed the Committee – the committee voted in January the amount of up to $62,500 for
the buydown for 14 Yankee Drive to remain affordable. Housing Assistance is the monitoring agent,
they did a fair housing lottery, there was an applicant chosen – we have a completed application, a
purchase and sale agreement, home inspection, and she is here today requesting the $62,500 to make the
home affordable for purchase. If committee votes to approve this award, there would be a promissory
note and mortgage, the lien would be forgiven upon resale provided that the purchaser was living in the
home in accordance with the deed rider. The purchase price would be considered $191,000 instead of
$253,500; so, the $62,500 would be used for the new resale multiplier to determine what the new resale
price would be going forward. There would also be a new universal deed rider placed on the property.
HAC said there were 5 applicants for this property. Faythe said she likes the way that we are doing this
reduces the purchase price going forward.
Motion to approve completion of the buydown award letter and authorization of funds for the
requested loan amount of $62,500 buydown for the resale of 14 Yankee Drive.
MOVED by Roland Bassett. Seconded by Paul Ruchinskas.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Sharon Marotti – yes, Sarah Robinson
– yes, Christine Boucher – yes, Roland Bassett – yes, Peggy Jablonski – yes, Paul Ruchinskas –
yes, Chair Ellis - yes.
VOTE 9-yes 0-no
4.Review and possible vote on draft warrant article
Faythe said based on her conversation with Mimi Bernardo, she reorganized the way things fell in the
Article draft. The biggest change is on page 2 where she created a line titled – Undesignated Balance,
CPA Reserves which is a reference to the carryover funding from the original unique formula and
showing all the money coming from that to go to Town Meeting. And then she reorganized the summary
items in accordance with that. She also wanted to mention that yesterday we got a CPA update – they
call out the fact that they are recommending to CPCs to be conservative with estimating the State match
for FY24 because of the lower activity at the Registry of Deeds, and because our prior year number was
increased substantially by the surplus at the State level, which is likely not to come up again. She does
know that in our conversations, we are using the 25% number and we are still all comfortable with
continuing with that estimate. The other item in the email is they pulled forward a CPA Success Story –
the Brewster Woods Affordable Housing Development. She read the item to the committee.
Paul asked in the comment section, of the Warrant, if there was a reason we didn’t put in the
percentages. Faythe said in the past we haven’t really explained it in summary. She said she would go
back to prior articles and check. Paul also asked about Juniper Hill – excluding apartments earning more
than 110% AMI, shouldn’t it be 100% AMI? That’s all we will go up to. Faythe will double check. She
asked everyone to please read through it line by line to check and let her know before Monday because
that is when she will be in front of the Select Board. No vote taken.
5.Approval of Minutes from 2/8/23 - defer
Community Preservation Committee
Minutes of March 8, 2023 Page 3 of 4
6.Review Open Project List
Faythe said the purpose tonight isn’t to talk about anything in-depth, it is just a reminder to reach out if
we are the liaison and get a quarterly update as we should be getting for each of these. She would like to
ask the committee if they would like some of the recipients to come and present to us? She is happy to
invite. We recently talked about on the Historic, the Cobb House Outbuilding and where that stands. The
one we have a question about is when we did the Crosby Barn Phase 2, we did not release all the funds
because we allowed them to Phase A to close the envelope of the building and close the structure. There
is more to be done there to make it fully functional. We held back 10% of the grant. She will ask Janine
for an update and invite her to come in front of the committee.
Sarah asked about the balance of funds listed on projects – Faythe said funds that need to be spent or as
is customary, frequently, we do an add-on for CPC expenses and that could be reflected in that number
too. A lot of these are combined where, recently, we have broken them out to keep it a bit cleaner.
Sharon said she sees she is the liaison for the Schoolhouse and hasn’t heard anything since its approval.
Faythe said the award letter has been signed, we are waiting to get the grant agreement back from legal
and nothing can happen until that has been signed.
Elizabeth asked if Faythe could send her the names of the people; she needs the contacts for the Lower
Cape Housing Institute; Pennrose – Faythe said we don’t have the signed Grant Agreement yet. Faythe
will email Elizabeth the information. Elizabeth also asked about Pleasant Bay Community Boating.
Faythe said we have been going back and forth regarding the paperwork. Nothing has been signed yet.
We have had legal expense which has come out of Admin. We have come to a meeting of the minds
regarding the forgivable loan, the loan agreement, and we are waiting for them to return two forms so
we can get everything out and send them the money. It’s been a long time. Sharon asked at what point
will this no longer be valid. Faythe said she thinks we are there at this point. She wonders if they have
had a change in leadership. The question being please send the forms or a letter saying you are no longer
interested in the award.
Faythe asked if we had reassigned the Housing liaison under the Affordable Housing Trust. We will take
a vote on that at the next meeting. Paul volunteered the 2 that Diane Pansire had been liaison. We will
vote on that at the next meeting.
Bruce said the Housing Production Plan is complete and Mimi Bernardo can close that one out. Jill
Scalise sent him the certification from the State.
Elizabeth said the Recreation Plan has been approved, we are making paper copies, and we will be done.
Holly Avenue will close this spring.
Rollie said we should ask Mike to come in and speak to it.
7.Announcements
Community Preservation Committee
Minutes of March 8, 2023 Page 4 of 4
Faythe include in the packet the invitation for a seminar regarding Financing Housing Projects from the
Cape Housing Institute. If you know anyone else on another committee, please pass this along. These
seminars are something we can all take advantage of for free.
8.Items Chair could not anticipate - none
9.Upcoming meeting: Wednesday, March 22, 2023 4PM
MOTION made by Bruce Evans to adjourn the meeting at 4:37 pm. Peggy Jablonski second.
Roll Call Vote: Elizabeth Taylor – yes, Bruce Evans – yes, Paul Ruchinskas – yes, Roland Bassett
– yes, Sharon Marotti – yes, Christine Boucher – yes, Sarah Robinson – yes, Peggy Jablonski –
yes, Chair – yes.
VOTE 9-yes 0-no
Respectfully submitted, Beth Devine, Recording Secretary
Packet of additional documents available on website for public review.