HomeMy Public PortalAboutSelect Board Meeting Packet 5.22.23 (pages 3-7)
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Town of Brewster
Cape Cod Sea Camps Planning
Welcome to community forum #1!
Date: Saturday, May 20th 2023
Time: 10am -12pm or 1pm - 3pm Location: Bay Property Dining Hall
The Bay Property will be open to the public to explore by foot anytime between 9am-4pm.
Community Forum #1 will be a fun, engaging community event that introduces the comprehensive planning
process for both the Bay and Pond properties, shares information about the properties, and gathers feedback
from the community. This event will be the first public community workshop in a series of six that takes place
over the course of the planning process.
Each session will begin with introductory remarks. The remainder of the meeting will be a community workshop
with boards and activities around the room. The purpose of the workshop is to educate the public about these
properties, to hear from the community about your values and interests, and to engage your imagination
about what is possible for the future. The boards and activities will be organized into stations that will include
opportunities for the public to share feedback. The stations will cover the following:
• Vision and Planning: A brief summary of the planning process, the Town’s Vision Plan, and key
considerations that will inform the planning effort.
• Put a Flag in it!: Interactive maps where participants can map out their interests and concerns relating to
the sites.
• Activities and Uses: Pictures of a variety of potential site activities to inspire the community about what
these places could be.
• Buildings and Site Access: Diagrams and photos explaining the conditions, opportunities and challenges
related to existing buildings, vehicular and pedestrian circulation, and parking.
• Landscape and Ecology: Diagrams and photos about topography, landscape features and key
ecological considerations.
• History and Inspiration: A brief overview of the history of the parcels with an opportunity for
participants to share places they love in Brewster or elsewhere to help inspire the planning process.
• What’s on Deck for 2023: The Bay and Pond committees will share upcoming events at both properties.
Landscape
Welcome!
Refreshments
What’s on
Deck for 2023
Long Pond Video
Vision & Planning
Buildings & Site
Access
Ecology
Put a flag in it!
History &
Inspiration
Activities
& Uses
Kids Station
Next steps
Stay Informed
What’s on Deck for 2023
Stay tuned for the next forum in late summer when we will report back on what we’ve heard from the
community, consider preliminary priorities, and evaluate several conceptual ideas for site use and activities.
In the meantime, the Town will be launching a survey in the near future to gather more input from residents
about the vision for these properties.
We look forward to your participation and feedback as we engage in the community planning process to help
shape the future of these properties together.
For more details about the findings from the discovery phase, please visit the project page,
https://www.brewster-ma.gov/cape-cod-sea-camps-properties.
For more information about the long-term planning process and interim activities at each property, you
are invited to attend the Bay Property Planning Committee (Tuesdays at 4pm) and Pond Property Planning
Committee (Wednesdays at 4pm) meetings, held twice a month at Town Hall. Residents can attend these
meeting remotely as well. Please check the Town calendar for posted meetings or sign up for regular updates
about committee activities at www.brewster-ma.gov. To provide feedback to one of the committees, please
email us at bppc@brewster-ma.gov (Bay property) or pppc@brewster-ma.gov (Pond property).
The Town continues to expand public access to, and uses of, the properties. On the Bay property, First Light
Beach will be open to residents with a beach permit on weekends, starting Memorial Day weekend, and will
be open 7 days/week, starting June 15th. New for 2023, the Brewster Community Pool will be opening this
summer on June 26th. Resident pool passes are currently available for sale online or via the mail-in program.
We will also continue to host a series of community events on the Bay property this summer.
On the Pond property, please visit the Brewster Recreation website, www.brewsterma.myrec.com for more
information on upcoming guided kayak tours and trail walks. To learn more about the Pond Property, please
check out our “Introducing the Pond” video at https://www.youtube.com/watch?v=3SsXbNRlUxE.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
townmanager@brewster-ma.gov
Website Announcement: May 18, 2023
____________________________
Brewster Community Pool Update: Drop-in Days & Guest Passes
Brewster’s resident-only Community Pool opens for the summer on Monday June 26, 2023. In
seeking to make the pool as accessible as possible, the Town will be offering four “drop-in”
days for residents who would like to enjoy the pool without having to purchase a season pass.
The drop-in cost is $5 per person, cash only, and will be collected by the pool attendant upon
entry.
For Summer 2023, the drop-in days will be held on:
Tuesday July 11th
Saturday July 15th
Friday July 28th
Sunday August 6th
Availability is first come, first serve; the maximum capacity of the pool area is 100 people.
Please note that a beach parking permit is required to access the property. The community
pool will be open from 7am until 6pm daily, except Wednesdays when the hours will be 12pm-
6pm. For the summer 2023 schedule please visit: 2023 Pool Schedule.
Residents with a Brewster Community Pool pass who would like to bring a guest (non-
resident) with them to the pool this summer will have an opportunity to purchase guest
passes. These passes are $25 each and will allow up to 5 guest visits. Resident pool pass
holders will be allowed to purchase up to 2 guest passes (10 guests in total). Residents must
accompany, and are responsible for, their guests.
Guest pool passes will be on sale in-person only from 9am until 4pm on the following days at
the Arts Center at the Bay Property:
Friday June 16th
Saturday June 17th
Friday June 30th
Guest passes can be purchased with cash or check and are non-refundable.
Please call (508) 896-3701 ext. 1100 or email permits@brewster-ma.gov with any questions.
Office of:
Select Board
Town Manager
Maura T. Healey
Governor
Kimberley Driscoll
Lieutenant Governor
Rebecca L. Tepper
Secretary
Bonnie Heiple
Commissioner
This information is available in alternate format. Please contact Melixza Esenyie at 617-626-1282.
TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
NOTICE OF PUBLIC MEETING and AGENDA
Title 5 Advisory Committee
In accordance with the Open Meeting Law, G.L. c. 30A §§ 18-25, c. 107 of the Acts of 2022,
and c. 2 of the Acts of 2023, notice is hereby given of a virtual public meeting of the Title 5
Advisory Committee, established pursuant to 310 CMR 15.040, to be held on Thursday, May
18th at 2:00 pm.
To join the Title 5 Advisory Committees’ virtual public meeting, which is open to members
of the public, please follow the virtual meeting call-in instructions below:
Join Zoom Meeting
https://us06web.zoom.us/j/87313817287?pwd=K3hLQUFFR2Y1Rm5XbXNRajhHVjlYQT09
Passcode: 916814
Or Telephone:
USA 713 353 7024 US Toll
USA 888 330 1716 US Toll-free
Conference code: 115585
Meeting Agenda:
1) Welcome and Introductions
2) Background
a.Nitrogen Sensitive Embayments
b. Proposed framework and Draft regulations
3)Discussion of major comments received
a.Geographic Area
b.Time allotted for Title 5 Upgrade and Watershed Permit
c.Streamline Watershed Permit Process
d.Title 5 System Upgrade Requirement
4) Next Steps
Posted to Website: 05/15/2023 | 3:30PM
Select Board Meeting 5.22.23
Consent Agenda Cover Page
a.Meeting Minutes: April 24 and May 8, 2023
Meeting minutes from the Select Board meetings on April 24 and May 8, 2023, have
been drafted for review and approval.
Administrative Recommendation:
We recommend that the Board approve the meeting minutes.
b.Approve & Sign License Agreement with Boy Scouts & Girl Scouts & Cub Scouts for
Bottle Recycle Program at the Recycling Center
The local Boy Scouts, Girl Scouts and Cub Scouts would like to run the bottle redemption
program at the Brewster Recycling Center as they had for many years prior to the
pandemic. The request has been reviewed by the Department of Public Works, the
Recycling Commission and Town Administration.
Administrative Recommendation:
We recommend that the Board approve and sign the license agreement.
c.Fee Waiver Request: Latham Centers Inc. for Building Department Fees
Latham Centers Inc. is requesting the waiver of Building Department permit fees
associated with their campus expansion project. Electrical, plumbing and gas inspection
fees will still apply and cannot be waived. The Building Department has received a few
building permits but expects more to be submitted. The total amount of permit fees is
unknown currently.
Administrative Recommendation:
We recommend that the Board approve the waiver of fees for this project up to the
amount of $1,000 as allowed per the Select Board Policy for non-profit organizations per
year.
d.Natural Resources Department Item Declared as Surplus and Acceptance of Donated
Item
The Natural Resources Department is declaring a beach wheelchair that is 20+ years old
as surplus. Additionally, the Natural Resources Department would like to accept the
donation of a new beach wheelchair from a Brewster resident.
Administrative Recommendation:
We recommend that the Board approve the item declared as surplus and the acceptance
of the donated item.
e.Department of Public Works Item to be Declared as Surplus for Disposal
The DPW is requesting approval to declare a utility trailer surplus for disposal. The utility
trailer is not available for resale or donation and has been replaced with a new trailer.
Administrative Recommendation:
We recommend that the Board approve the item declared as surplus for disposal.
Select Board Meeting 5.22.23
f.Hawker and Peddler License Application and Fee Waiver Requests- Friends of Brewster
Dog Park, Inc.
The Friends of Brewster Dog Park, Inc. has applied for an annual Hawker and Peddler
license to be able to sell various merchandise to help raise money for the Brewster Dog
Park. The business manager has been cleared by the Brewster Police Department
through the fingerprinting process. They are also requesting a waiver of the $100 license
fee and the $70 municipal fingerprint fee. This application was reviewed by various
departments (Police, Fire, Health, DPW, Building, Natural Resources and Town
Administration) and there are no concerns.
Administrative Recommendation:
We recommend that the Board approve the license and the fee waiver request.
g.Special Event Application- Friends of Brewster Dog Park, Inc.
The Friends of Brewster Dog Park, Inc. would like to hold a fundraiser at the Brewster
Dog Park on Saturday May 27th from 9am until 1pm. This event will include canine
photography and they anticipate a maximum of 75 guests. This application was reviewed
by various departments (Police, Fire, Health, DPW, Building, Natural Resources and Town
Administration) and there are no concerns.
Administrative Recommendation:
We recommend that the Board approves the Special Event application.
h.One Day Entertainment Licenses and Fee Waiver Requests- Beyond the Bounds and
Movement Arts Cape Cod
The Cultural Council is sponsoring two events in June at Drummer Boy Park, which the
Select Board has previously approved. Beyond the Bounds is holding a dance and music
performance for an expected 40 people on Saturday June 10th with a rain date of Sunday
June 11th. They would like to have live music with low amplification and dancing.
Movement Arts Cape Cod will be holding a movement arts fair for an expected 75-100
people on Saturday June 3rd with a rain date of Sunday June 4th. They would like to have
pre-recorded amplified music to accompany their event.
Both applicants are requesting the $35 fee to be waived. This application was reviewed
by various departments (Police, Fire, Health, DPW, Building, Natural Resources and Town
Administration) and there are no concerns.
Administrative Recommendation:
We recommend that the Board approve the One Day Entertainment Licenses and fee
waiver requests.
i.One Day Liquor License Applications: Cape Cod Museum of Natural History and Friends
of Brewster Elders (and Fee Waiver Request)
The Cape Cod Museum of Natural History is hosting their annual Greg Skomal Shark
Report event on Thursday June 15, 2023 from 6pm – 9pm. They expect 100 attendees
and would like to serve beer and wine. This application was reviewed by various
departments (Police, Fire, Health, DPW, Building, Natural Resources and Town
Administration) and there are no concerns.
Select Board Meeting 5.22.23
The Friends of Brewster Seniors, in partnership with the Council on Aging, will be hosting
an information event at Crosby Mansion on Wednesday May 31, 2023 from 4pm -6pm to
discuss recent developments in the Social Security program. During this event, Friends of
Brewster Seniors would like to serve beer and wine to the attendees. They are also
requesting a waiver of the $35 license fee. This application was reviewed by various
departments (Police, Fire, Health, DPW, Building, Natural Resources and Town
Administration) and there are no concerns.
Administration Recommendation
We recommend the Select Board approve the One Day Liquor license applications and
the fee waiver request from Friends of Brewster Seniors.
j.Appointment of Alternate to Old Kings Highway Historic District Committee
After the most recent election, the Old Kings Highway Historic District Committee has an
open Alternate position. Long-time committee member, Patricia Busch is being
nominated by the Committee for this position.
Administration Recommendation
We recommend the Select Board accept the nomination and appoint Patricia Bush as
Alternate to the Historic District Committee.
k.Grant Applications: Community Planning Grant Program (Housing) and Council on
Aging
The Planning Department working with Housing and Administration is requesting
permission to submit a State Community Planning Grant to hire a consultant to assist
with review of local zoning bylaws as they relate to current housing provisions.
The Council on Aging is requesting permission to apply for a grant to enhance digital
literacy for older adults. The grant, if awarded, will help to purchase devices, software,
or broadband for older adults and/or provide training and support for older adults to
enhance digital literacy. The grant is being applied for with the Towns of Dennis,
Barnstable, and Yarmouth.
Administration Recommendation
We recommend the Select Board approve the request to apply for grant applications.
l.Facility Use Application: Long Pond Woodland Lot and Trails
Brewster Recreation and the Pond Property Planning Committee are requesting the use
of the Long Pond Woodland lot and surrounding trails to host a group hike on the Pond
Property on June 10th and 11th from 9am until 2pm. There will be 20 participants for this
group hike including volunteers. Participants are being bused from Town Hall to the
parking area at Long Pond Woodlands.
Administration Recommendation
We recommend the Select Board approve the facility use application.
m.Fee Wavier Request- Cape Cod Sea Camps Building Safety Inspections
The Sea Camps Property Manager is requesting a waiver of the $140 fees associated with
the safety inspections for six of the buildings located on the Sea Camps Property. Per
Select Board Policy #5 Waiver of Town Permit Fees, construction projects initiated,
Select Board Meeting 5.22.23
participated in, or sponsored by the Town shall be exempt from all applicable licensing
and permit fees except electrical and plumbing/gas inspectional service fees.
Administration Recommendation
We recommend the Select Board approve the fee waiver request.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 4.24.2023 www.brewster-ma.gov Page 1 of 6
Office of:
Select Board
Town Manager
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: April 24, 2023
TIME: 5:00 PM
PLACE: 2198 Main Street
Participants: Chair Whitney, Selectperson Chatelain, Selectperson Hoffmann, Selectperson Bingham,
Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Human
Resources Director Susan Broderick, Water Superintendent Paul Anderson, CORD Representatives Alexa
Paige and Amy Major, Peter Herrmann
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Whitney called the meeting to order at 5:00pm, declared a quorum by announcing all members of the
Board are present and read the meeting participation and recording statements.
Executive Session
To consider the purchase, exchange, lease or value of real property if the chair declares that an open
meeting may have a detrimental effect on the negotiating position of the public body.
To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental
effect on the bargaining position of the public body and the chair so declares (Fire Union)
Selectperson Hoffmann moved to enter executive session. Selectperson Chatelain second. A roll call vote was
taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson
Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
The Board returned to regular session at 5:57pm.
Vote on FY24-26 Fire Union Contract & Related Spring 2023 Annual Town Meeting Warrant Article
Selectperson Hoffmann moved to vote to ratify the Fire Union Collective Bargaining Agreement, Article #14
for the FY24-26 Fire Union Contract. Selectperson Bingham second. A roll call vote was taken. Selectperson
Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair
Whitney-yes. The Board vote was 5-Yes, 0-No.
Selectperson Hoffmann moved to recommend the related Spring 2023 Annual Town Meeting Warrant
Article, Article #14. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes,
Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The
Board vote was 5-Yes, 0-No.
Public Announcements and Comment
None
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 4.24.2023 www.brewster-ma.gov Page 2 of 6
Office of:
Select Board
Town Manager
Select Board Announcements and Liaison Reports
Selectperson Hoffmann acknowledged the events held by the Brewster Recreation Department for Earth Day
at the Bay property at the former Sea Camps.
Town Manager’s Report
Mr. Lombardi shared the following:
Recognition of the Brewster Water Department who has been awarded the Public Water Systems
award by the Department of Environmental Protection for having outstanding water.
A public forum to be held on Thursday April 27, 2023 at 6pm to discuss solutions to three priority
areas that have been identified during the regional project with the Cape Cod Commission through
the state’s municipal vulnerability preparedness program.
Reminder that Annual Town Meeting is Monday May 1, 2023 at 6pm with check in beginning at
5:30pm. Town warrants are available in town offices, at local businesses and online. Three
information forums have been held in advance of the Town meeting and are available on the Town
website.
The Town received a letter from the State Department of Health and Human Services acknowledging
and thanking the Boards of Health and Health Department staff for all their work through the Covid
Pandemic. Mr. Lombardi expressed the Town’s appreciation to our Health Department as well.
Congratulated Donna Kalinick for being a finalist for the Town Administrator position in Orleans.
Introduced Brittany Taylor as the new Director of the Brewster Ladies Library. Ms. Taylor reviewed
her employment experience and her excitement to be in this role.
Consent Agenda
a.Meeting Minutes: March 27 and April 3, 2023
b.FY24 Barnstable County Retirement Association Cost of Living Adjustment
c.Sign and Post May 16, 2023 Annual Town Election Warrant
d.Select Board Delegation of Utility Pole & Underground Cable and Conduit Petitions to Town Manager
e.Approve and Sign Preservation Restriction Agreement between Town and Brewster Historical Society
for Cobb House at 739 Lower Road
f.Fee Waive Request: Late Fees for Annual Mooring Application
g.One Day Entertainment Applications and Fee Waiver Request: Nauset Garden Club of Cape Cod
h.Facility Use Applications: Brewster Historical Society (and Fee Waiver Request) and Kaleidoscope
Craft Fair
i.Request from Brewster Whitecaps for Temporary Signage and Fee Waiver at Brewster Beaches
j.Town Landing and Public Beach Access Requests: Point of Rocks Landing, Ellis Landing and
Breakwater Landing
Selectperson Hoffmann moved to approve the consent agenda items a-e and g-j. Selectperson Bingham
second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson
Chaffee-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was
5-Yes, 0-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 4.24.2023 www.brewster-ma.gov Page 3 of 6
Office of:
Select Board
Town Manager
Selectperson Hoffmann moved to approve the fee waiver request for late fees for the annual mooring
application as outlined in the packet. Selectperson Bingham second. Chair Whitney noted that the Natural
Resources Department recommendation is to not waive the fee. A vote yes is to approve the waiver. A roll
call vote was taken. Selectperson Bingham-no, Selectperson Hoffmann-no, Selectperson Chaffee-no,
Selectperson Chatelain-no, Selectperson Chaffee-no, Chair Whitney-no. The Board vote was 0-Yes, 5-No.
Discuss and Vote on Proposed Employee Separation Policy
Ms. Broderick presented the employee separation policy that was developed by Human Resources, the
Treasure/Collector’s Office and the Town Manager’s office, which defines the various types of employee
separation and memorializes the current practices. Adding that since 2010, the town has required exiting
employees be physically present on their last day of employment and does not allow employees to use
banked time in lieu of a notice. The town also does not allow employees to use accrued time to extend their
time on the town’s payroll after their last day in the office.
Selectperson Chaffee offered edits to the proposed policy regarding accrued sufficient time to receive or
qualify for retirement benefits.
Selectperson Hoffmann moved to approve the proposed Employee Separation Policy as amended.
Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-
yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-
No.
Presentation on Hydration Station Initiative- Paul Anderson, Water Superintendent
Mr. Anderson shared the following during his presentation:
Locations of hydration stations that are installed and locations that a station will be installed.
Reviewed both exterior and interior locations of hydration stations. Exterior locations include White
Caps Field, Brewster Dog Park, Captains Golf Course, Tennis/Pickleball courts, Town Hall (Chamber of
Commerce entrance). Indoor locations include Brewster Ladies Library, Council on Aging, Fire
Department, Town Hall and Department of Public Works.
Locations that are slated for 2023 include Rail trail crossing on Rt 137, Community Pool, Elementary
schools (3 at each location), and Captains Golf Course restaurant.
Mr. Anderson thanked his staff at the Water Department and other departments for their support. Mr.
Anderson shared that in Town Hall alone, 18,855 bottles have been saved using the hydration station.
Selectperson Chaffee recognized the Town’s leading efforts in reducing single use plastic and thanked the
Water Commissioners.
Discuss and Vote on Proposed License Agreement with Brewster Conservation Trust Regarding Lower Road
Community Garden
Mr. Lombardi noted that the Town and Brewster Conservation Trust have had a great partnership for the
Community Gardens for almost 40 years. At the Town Meeting there will be an article to create a revolving
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 4.24.2023 www.brewster-ma.gov Page 4 of 6
Office of:
Select Board
Town Manager
fund for the Community Garden. A license agreement has been developed that outlines the terms of the
relationship relative to continuing what has been a great program. The license agreement has a 10-year
term and outlines the responsibilities of the Town and the Trust. Mr. Lombardi shared that Brewster
Conservation Trust has approved this agreement.
Selectperson Hoffmann moved to approve the proposed license agreement with Brewster Conservation
Trust regarding the lower road Community Garden. Selectperson Bingham second. A roll call vote was taken.
Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Chatelain-
yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Appoint Select Board Liaison to Drummer Boy Park Advisory Committee
Selectperson Chaffee nominated Chair Dave Whitney to serve this role. Selectperson Bingham second. Chair
Whitney accepted the nomination. A roll call vote was taken. Selectperson Bingham-yes, Selectperson
Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Whitney-yes. The Board vote was
5-Yes, 0-No.
Review Select Board Spring 2023 Town Meeting Warrant Article Assignments
The Select Board accepted the proposed article assignments.
Discuss and Vote to Add New Alternate Members to the Council on Aging Board
The Council on Aging Board have expressed interest in expanding the number of members on their board
from seven to nine. The Board’s composition and charge are memorialized in the Town Bylaws, Mr. Lombardi
noted that if we change the number of members it would require a Town Meeting vote. With the new Town
Charter, there are provisions for the Select Board to create up to two alternate positions for any appointed
or elected board or committee. The suggestion is to create two alternate members for the Council on Aging
Board, then determine if in the future it makes sense to go to town meeting to add more members.
Currently there are no vacancies and the Board have interested residents.
Selectperson Hoffmann moved to approve the addition of two alternate members to the Council on Aging
Board. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson
Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Whitney-yes. The Board vote was
5-Yes, 0-No.
Presentation by Cape Organization for Rights of the Disabled (CORD)- Alexa Paige
CORD representatives Alexa Paige and Amy Major joined the meeting to provide an overview of the
organization and the services that they provided. CORD assists people living with disabilities on Cape Cod to
help obtain benefits and services to independent living. The services are offered free of charge to all ages
and incomes. There are two youth programs at CORD, TAP (transition to adulthood) and WRAP (work,
readiness, and preparation) which help transition students by providing individual mentoring and help with
employment skills. The programs are open to youths with disabilities between the ages of 14-21. For more
information visit their website at cordcapecod.org.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 4.24.2023 www.brewster-ma.gov Page 5 of 6
Office of:
Select Board
Town Manager
Update on Agricultural Commission- Peter Hermann
Peter Herrmann presented the Board with information about the history of agriculture in Brewster including
the plant hardiness zone, soil types, cranberry bogs and the history of land use categories. Mr. Herrmann
also reviewed the Agricultural Commissions history, State Legislation, and the Agricultural Preservation
Restriction.
Mr. Herrmann recognized that it has been challenging to get the Commission together to meet on a regular
basis and is looking for ways to be able to proceed. There was discussion reviewing what activities the
Commission has been engaged in and the lack of meetings that have been held over the last few years. Mr.
Lombardi noted that Agricultural Commissions do not have State regulatory authority, the Town Bylaw talks
about the development of a work plan, which was a goal for the Commission when it was formed in 2005,
but there is not one on file with the Town. Mr. Lombardi stated that the Select Board has identified
committees that have been inactive, the Agricultural Commission being one of them, and what the town can
do to make sure the value of the commission is still relevant for why they were originally formed.
About half of the Towns on Cape have an Agricultural Commission, Mr. Lombardi indicated that it would be
best to develop an idea on what this commission will do before we solicit members. Any changes to the
charge would require a Town Meeting vote.
Discuss Draft Letter to Nauset Regional School Committee Seeking to Re-open Regional School Agreement
Mr. Lombardi shared that Town Administrators and Finance Directors have been meeting with Nauset school
officials reviewing their budget and their approach to financing the High School renovation project.
Currently each member Town’s assessment is based on the previous year’s enrollment, in other regional
schools the calculation is based on a larger sample size. The primary goal is to reduce some of the effects of
the shifts of the enrollment numbers of each member town’s assessments year to year. This will help with
budgeting and financial planning. Member towns are supportive in transitioning to a 3-year rolling average
of student enrollment. Mr. Lombardi suggests that Brewster send formal correspondence to the school
committee to make this change. This would not take effect until FY25.
Select Board members expressed their concern with not only the Regional School Agreement but also the
Tuition Agreement with Provincetown and Truro. Mr. Lombardi requested that each board member submit
their suggested amendments to him and at the next Select Board meeting the Board will review to make a
formal request to the School Committee.
FYIs
Selectperson Bingham recognized Honey Pivirotto ’s time on the Finance Committee and Jeff O’Dell’s service
on the Golf Commission.
Matters Not Reasonably Anticipated by the Chair
None
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 4.24.2023 www.brewster-ma.gov Page 6 of 6
Office of:
Select Board
Town Manager
Questions from the Media
None
Next Meetings
May 1 (Town Meeting), May 8, May 17, May 22, and June 5, 2023
Adjournment
Selectperson Hoffmann moved to adjourn at 8:58pm. Selectperson Bingham second. A roll call vote was
taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson
Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No.
Respectfully submitted by Erika Mawn,
Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Hoffmann, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, TM Report, Consent Agenda, Lower Road Community Garden agreement, Drummer Boy
Park Advisory Committee liaison, Article Assignments, Review of COA membership, CORD Information, Agricultural Commission review,
Hydration Station Presentation, Regional Agreement review, Employee Separation policy review, For Your Information.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.08.2023 www.brewster-ma.gov Page 1 of 6
Office of:
Select Board
Town Manager
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: May 8, 2023
TIME: 5:45 PM
PLACE: 2198 Main Street
PARTICIPANTS: Chair Whitney, Selectperson Hoffmann, Selectperson Chatelain, Town Manager Peter
Lombardi, Human Resources Director Susan Broderick, James Norcross, District Attorney Galibois, Carmen
Scherzo
REMOTE PARTICIPANTS: Selectperson Bingham, Selectperson Chaffee (joined at approximately 6:30pm),
Griffin Ryder, Ryan Burch
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Whitney called the meeting to order at 5:45pm, read the meeting participation and recording
statements and declared a quorum.
Executive Session
To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental
effect on the bargaining position of the public body and the chair so declares (Fire Union & Police
Patrol Officers Union)
Selectperson Hoffmann moved to enter the executive session at 5:46pm. Selectperson Chatelain second. A
roll call vote was taken. Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann-yes,
Chair Whitney-yes. The Board vote was 4-Yes, 0-No.
The Board returned to regular session at 6:12pm.
Vote on Updated FY24-26 Police Patrol Officers Union Contract
Mr. Lombardi shared that a tentative agreement has been reached for a new contract for FY24-26, this
includes a one-time payment of $800 in FY24 as identified by Human Resources in looking to implement the
new wage scale for officers currently on step 5.
Selectperson Hoffmann moved to vote to approve the updated FY24-26 Police Patrol Officers Union Contract
as described. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes,
Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 4-Yes, 0-No.
Public Announcements and Comment
None
Select Board Announcements and Liaison Reports
Selectperson Hoffmann thanked all teachers that educate our students in honor of Teacher Appreciation
week.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.08.2023 www.brewster-ma.gov Page 2 of 6
Office of:
Select Board
Town Manager
Town Manager’s Report
Mr. Lombardi shared the following updates:
Sea Camps Community Forum on Saturday May 20th in the dining Hall at the Bay Property, two
sessions 10am-12pm and then 1pm-3pm. Property will be open to residents from 9am – 4pm.
Registration for residents will open on May 9th. Brewster Rec is offering activities for kids and the
Council on Aging is offering transportation for seniors. More information will be available on the
website. This is the first of six forums.
First Light Beach is opening to residents on Memorial Day weekend, Saturday May 27th from 7am
until 8pm, gates will close at 6pm. The beach will be open on weekends through June 15th, and then 7
days a week through Labor Day and weekends only from Labor Day through Columbus Day. This is a
resident only beach, so a valid beach permit will be needed to access the property.
Members from the Cape Cod YMCA gave a presentation to the Bay Property Planning Committee
expressing their interest in pursuing a potential partnership with the Town to build a Lower Cape Y
Facility on the Bay property. This is an idea in the very early stages, the committee unanimously
voted to solicit feedback from residents at the forum.
Town held the second public forum on the Low-Lying Roads project with the Cape Cod Commission,
which discussed several possible solutions on three locations in Town. The commission is seeking
feedback from residents on what was proposed in order to proceed with the next steps. Two of the
three locations are on 6A, which would require coordination with the State. Resident feedback is
open through the end of the month.
Recognized the work by the Department of Public Works over the past few weeks in repaving
Breakwater and Foster Roads using funds through the WRAP program. Two of the landing roads that
were high on the pavement management plans needed to be addressed. The repaving of Underpass
Road in coordination with National Grid is close to being completed, the crosswalks should be
finished in the next couple of weeks.
In preparation for our summer season, the Department of Public Works will be working on landing
roads for routine maintenance.
Great turnout for Brewster in Bloom, thank you to all Town Departments, local businesses and
Chamber of Commerce in making it a success.
Memorial Day ceremony at the Council on Aging will be held at 12pm on Monday May 29, 2023.
Ms. Kalinick thanked our Town Clerk staff in honor of “Celebrate Municipal Clerk’s Week”, particularly for
their work with Town Meetings and Elections. Adding that tomorrow is the ribbon cutting for the opening of
Brewster Woods, the residents living there are doing well and extremely grateful to have a nice place to live.
Consent Agenda
a.Facility Use Applications and Fee Waiver Requests (Drummer Boy Park): Beyond the Bounds,
Movement Arts Cape Cod and Friends of Brewster Dog Park Inc.
b.Temporary Sign Permit Fee Waiver Request: Garden Club of Brewster
c.Approval of Signature of Discharge of Mortgage for Habitat for Humanity of Cape Cod Paul Hush Way
Phase Two
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.08.2023 www.brewster-ma.gov Page 3 of 6
Office of:
Select Board
Town Manager
d.Cell Tower Modification Request: SBA Communications Corp
e.Fee Waiver Request: Town Hall Window Project Building Permit Fee
f.Acceptance of Gifts: Friends of Brewster Dog Park
Selectperson Hoffmann moved to approve the Consent Agenda along with the administration
recommendations. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes,
Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 4-Yes, 0-No.
Discuss and Vote to Add Part-time Energy Manager Position to Personnel Bylaw
Mr. Lombardi noted that the Town has had a part-time Energy Manager for about two years, which started
through a partnership with the Cape Light Compact. Under the agreement, the position was to work about 8
hours a week for the town on energy programs. This position was initially funded through the Green
Communities Designation grant. When the solar carports at the golf course were constructed, the Select
Board agreed to allocate a portion of the proceeds from the driving range to help fund the position, with no
net impact on the operating budget. This position is proposed as grade 7 in the bylaw and may be able to
increase the hours to 10 hours per week. The position would be posted.
Selectperson Hoffmann moved to add the part-time Energy Manager position to the Personnel Bylaw.
Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-
yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes,
0-No.
Discuss and Vote to Add Junior Lifeguard Position to FY23-24 Fixed Rate and Wage Scale
Ms. Broderick shared that the Recreation Department would like to add a new seasonal position of junior
lifeguard. State Law requires lifeguards to be at least 16 years old age, this would allow those under 16 to
get their certification as a junior lifeguard. They are not allowed to handle emergency procedures or rescues.
Selectperson Hoffmann moved to approve the additional of junior lifeguard positions to the FY23-24 Fixed
Rate and Wage Scale. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes,
Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The
Board vote was 5-Yes, 0-No.
6:15pm Public Hearing-Seasonal All Alcohol Liquor License Application: Guapo’s Taco Shack, LLC – 239
Underpass Road
Selectperson Hoffmann moved to open the public hearing for the seasonal all alcohol liquor license
application, Guapo’s Taco Shack LLC at 239 Underpass Road. The hearing was posted in the Cape Codder on
April 28 and May 5, 2023. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-
yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes.
The Board vote was 5-Yes, 0-No.
James Norcross, attorney for Guapo’s Taco Shack, LLC, noted that his client is under contract to purchase the
property and has submitted the application for both the liquor license and common victualler license. There
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.08.2023 www.brewster-ma.gov Page 4 of 6
Office of:
Select Board
Town Manager
has been a delay in the acquisition of the property and has requested to continue the hearing and the vote
on the Common victualler license until the May 22, 2023 meeting.
Selectperson Hoffmann moved to postpone the public hearing until May 22, 2023 and keep the public
hearing open. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes,
Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The
Board vote was 5-Yes, 0-No.
Discuss and Vote on Common Victualler Application: Guapo’s Taco Shack, LLC- 239 Underpass Road
Chair Whitney declared that this agenda item will be continued at the May 22, 2023, Select Board meeting.
Update from District Attorney Galibois
Newly elected District Attorney for the Cape and Islands, Rob Galibois, joined the meeting. Mr. Galibois
reviewed his first four months in office and the employees who work with him, highlighting actions taken
that include vertical prosecution, an unsolved homicide unit, a newly created DEI (Diversity, Equity and
Inclusion) committee and information on mental health court.
Update on Dog Park- Carmen Scherzo, President of Friends of Brewster Dog Park & Griffin Ryder, DPW
Director
Mr. Scherzo expressed that the popularity of the dog park has exceeded expectations and recognized various
town officials for their help and support. The Friends of Brewster Dog Park meet regularly with Town officials
to discuss ongoing activities at the dog park, noting that the board and volunteers have contributed
hundreds of hours to the dog park. Mr. Scherzo shared that the Friends of Brewster Dog Park has
contributed $23,842 in improvements to the dog park since its opening. Mr. Scherzo also noted that there
has been some frustration with incidents that have occurred at the dog park and inquired on how the rules
can be enforced.
Mr. Lombardi reviewed the financial partnership with the Friends of Brewster Dog Park, noting that Town
Meeting appropriated $10K for ongoing maintenance and that the Town is eligible to apply for additional
funds through the Stanton Foundation in the coming years. Mr. Lombardi acknowledged the handful of
incidents, but given the volume of traffic, the park has done very well, and the stewards have a regular
presence at the park.
Discuss and Vote on Proposed 2023 Razor Clam Regulations- Ryan Burch, Natural Resources Officer
Ryan Burch reviewed the proposed changes as outlined in the packet, noting that Natural Resources have
been working with the harvesters about the changes. The biggest change is opening on June 1, as this will
give adequate time to complete a good assessment of the resources. Mr. Burch added that the Town has
done a good job at managing the resource and restrictions on the amount of harvesting. He also reviewed
how the Natural Resources Department completes their assessment to determine when they may need to
open or close.
Mr. Lombardi confirmed that the Natural Resources Advisory Commission has reviewed and endorsed the
plan in March.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.08.2023 www.brewster-ma.gov Page 5 of 6
Office of:
Select Board
Town Manager
Selectperson Hoffmann moved to approve the 2023 Razor Clam Regulations as written in the packet.
Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-
yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 4-Yes, 0-No.
Discuss and Vote on Select Board Policy Updates (#4 & #22)
Ms. Kalinick noted that the Town Manager’s office has started the process of reviewing Select Board policies
and completing updates and re-writes. Select Board Policy #4, Items brought before the Select Board for
signature were last amended in 1997. Ms. Kalinick reviewed the steps taken to provide an update for this
policy.
Selectperson Hoffmann moved to approve the Select Board Policy for policy number 4: The Select Board
policy on items brough before the Select Board for signature. Selectperson Chatelain second. A roll call vote
was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair
Whitney-yes. The Board vote was 4-Yes, 0-No.
Ms. Kalinick reviewed policy #22, Public beach, pond, and landing policy, which was last modified in
December 2016. Ms. Kalinick went through the changes to the policy, adding that this policy needs to be
reviewed on a regular basis. This policy was reviewed by the Natural Resources Department for verification
of regulations that are under their purview. This policy will be linked to the beach information page on the
website.
Mr. Lombardi noted that we will display the policy relatively prominently on the website and that the Town
has signs at all the town landings with the most important rules and regulations.
Selectperson Hoffmann moved to vote to approve the Select Board Policy updates #22, the Select Board
Public Beach, Pond, and Landing Policy. Selectperson Chatelain second. A roll call vote was taken.
Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The
Board vote was 4-Yes, 0-No.
Review and Vote on Draft Letter to Nauset Regional School Committee Seeking to Amend Regional School
Agreement
Mr. Lombardi summarized the changes to the original draft letter which included:
Changes to the methodology for allocating the costs of transportation for Charter and Choice
students.
The proportional representation of the School Committee in terms of representatives from all four
member towns which was set back 20+ years ago, to see if the composition is equitable.
Insertion of language that would create a check in for all parties on specific standard increments.
Encourage the School Committee to make every effort to include Truro and Provincetown in the
Regional Agreement or negotiate the next iteration of the tuition agreements to include their
proportional share of the region’s debt starting in FY25.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.08.2023 www.brewster-ma.gov Page 6 of 6
Office of:
Select Board
Town Manager
Mr. Lombardi noted that the amendments to the Regional School Agreement will have to be approved by the
member towns at Town meetings.
Selectperson Hoffmann moved to approve the sending the draft letter to the Nauset Regional School
Committee seeking to amend the Regional School Agreement. Selectperson Chatelain second. A roll call vote
was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair
Whitney-yes. The Board vote was 4-Yes, 0-No.
FYIs
Mr. Lombardi thanked Sharon Marotti and the entire AARP tax prep team for the services they
provided to the Brewster residents.
The Council on Aging Wellness Fair (available to people of all ages) will be held on Friday May 19 at
2pm at the Brewster Baptist Church.
The Recreation Commission has adopted the updated regulations for the Community Pool, they are
available on the website and the Recreation Department website.
Ms. Kalinick shared that the most recent Community Development Block Grant report shows the
amazing work in the community on housing rehab and childcare vouchers. She also referenced the
letter from a recent resale that signifies the work that is completed in the housing program has a real
significant impact on individuals in our community.
Matters Not Reasonably Anticipated by the Chair: None
Questions from the Media: None
Next Meetings: May 22, and June 5, 2023
Adjournment
Selectperson Hoffmann moved to adjourn at 7:47pm. Selectperson Chatelain second. A roll call vote was
taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-
yes. The Board vote was 4-Yes, 0-No.
Respectfully submitted by Erika Mawn,
Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Hoffmann, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, Town Manager’s Report, Consent Agenda items, Part-time Energy Manager Position, Jr.
Lifeguard position, Public Hearing documents, Common Victualler application, Brewster Dog Park update, Proposed 2023 Razor Clam
Regulations, Select Board Policies (#4 and #22), Draft letter seeking to amend the Nauset Regional School Agreement, For Your
Information.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Donna J. Kalinick, Assistant Town Manager
CC:Griffin Ryder & Jimmy Jones, Public Works
RE: Scout Bottle Return Program at the Brewster Recycle Center
DATE: May 19, 2023
The local Boy Scouts, Girl Scouts and Cub Scouts ran a bottle redemption program at
the Brewster Recycle Center for many years. Due to the pandemic and vendor
challenges, the program was stopped in 2020. The Scouts have requested that the
program be allowed to resume. The request has been vetted by the Public Works
Department, the Recycle Commission and Administration. It has been determined that
while not required in the past, a license agreement be put in place between the parties,
to ensure that roles and responsibilities are clear.
The following provisions will apply:
1-All participants, adults, and children are required to sign waiver of liability forms.
2-A current certificate of insurance shall be on file.
3-Scouts can only use the premises during business hours as deemed appropriate
by the Public Works Director or Foreman. Proposed hours are Weekdays 8:30am
to 3pm and weekends, 8:30am to 2pm.
4-The Scout Shed shall be kept in good condition at all times. Coordination of the
use and condition of the buildings shall take place between Public Works and the
Scouts. Public Works in coordination with the building department has authority
over the buildings.
5-All volunteers shall be supervised and shall not interfere with the normal
operations of the Brewster Recycle Center.
Office of:
Town Manager
Select Board
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LICENSE TO USE REAL PROPERTY
BREWSTER, MASSACHUSETTS
This instrument is a license by and between the Town of Brewster (“Licensor”), by and
through its Select Board, with a business address of 2198 Main St., Brewster, MA 02631, and Boy
Scouts Troop 77, Girl Scouts and Cub Scouts, Pack 73 (“Licensee”) with a principal place of
business at Boy Scouts C/O Brewster Baptist Church 1848 Main St. Brewster MA 02631, Cub
Scouts Pack 73 C/O Cape Cod & Islands BSA Council 247 Willow St. Yarmouthport MA 02675,
Girl Scouts C/O Laura Marshall 81 Ebenezer Lane, Brewster MA 02631, for use of property owned
by the Town of Brewster, which is comprised of a portion of the Town’s Recycling Center at 201
Run Hill Road, Brewster, MA 02361 (the “Premises”).
Whereas, the Licensee is the a non-profit organization organized for the purpose of Youth
character development, leadership and community service;
Whereas, the Licensee has requested permission use a portion of the Town’s Recycling
Center to collect bottles and cans with refundable deposits for fund raising purposes;
Whereas, the Town is willing to allow Licensee to use the Premises subject to the terms and
conditions set forth herein.
Now, therefore, Licensor hereby grants to Licensee the right to occupy and use the Premises
as described below subject to the following terms and conditions:
1. REFERENCE DATA
Date of License: May 8, 2023
Mailing Address of Licensor:
Brewster Town Hall
2198 Main Street
Brewster, MA 02631
Mailing Address of Licensee: Boy Scouts Troop 77 C/O Brewster Baptist Church 1848
Main St. Brewster MA 02631
Cub Scouts Pack 73 C/O Cape Cod & Islands BSA Council
247 Willow St. Yarmouthport MA 02675
Girl Scouts C/O Laura Marshall
81 Ebenezar Lane Brewster MA 02631
Permitted Use: Set up of bins for the collection of bottles and cans
with refundable deposits, temporary storage and
removal of bottles and cans, maintenance of bins and
related activities, including use of an area for the
temporary parking of vehicles.
Term of License: May 22, 2023 to May 21, 2024, unless sooner
terminated or extended.
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License Fee: ($0)________________________________________
2. DESCRIPTION OF THE PREMISES
The Premises shall consist of a portion of the Town’s Recycling Center at 201 Run Hill
Road, Brewster, MA 02361, in an area within the sole discretion of the Licensor.
3. CONDITION OF PREMISES
Licensee acknowledges and agrees that it accepts the Premises in “as is” condition for the
purpose of this License, and that Licensor has made no representation or warranty regarding the
fitness of the Premises for the Permitted Use.
4. PERMITS
This agreement and all obligations hereunder are specifically dependent upon the issuance to
the Licensee of all permits and licenses required to undertake the licensed activity upon the Premises
in accordance with all applicable laws, regulations and governmental requirements from those
governmental agencies having jurisdiction, including but not limited to the Town of Brewster. The
Licensee acknowledges and agrees that nothing herein shall be deemed to waive Licensee’s
obligations to apply for and comply with all such permits, approvals and conditions governing the
use of the Premises and the Town does not hereby guarantee that any such permits, licenses or
approvals will be granted.
5. ALTERATION OF THE PREMISES
Licensee shall not make any major or permanent improvements or construction upon the
Premises, and Licensee expressly agrees to restore the Premises as closely as practical to their
condition prior to the exercise of Licensee’s rights, immediately after they are disturbed by said
Permitted Use.
6. LICENSEE’S EQUIPMENT
Licensee may bring such furniture, personal property and other equipment upon the Premises
as would ordinarily be used to undertake the Permitted Use. Licensee may keep its furniture,
equipment and personal property on the Premises in an area designated by the Town while it is not in
use by the Licensee, provided that the Licensee acknowledges and agrees that others may be using
the Premises when the Licensee is not and that the Licensor shall not be responsible for any loss,
damage or theft of any of the Licensee’s furniture, equipment or personal property.
Licensee shall be responsible for removing all furniture, personal property and equipment
brought upon the Premises and any such items remaining for one week after the expiration or
termination of this License shall be deemed abandoned and may be disposed of by the Licensor
without any compensation to the Licensee.
Licensor reserves the right to require the Licensee to remove all furniture, equipment and
structures from the Premises if and when it determines it to be necessary.
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7. MAINTENANCE OF THE PREMISES
The Licensor shall assume responsibility for the routine maintenance of the Premises,
including lawn mowing and snow removal. The Licensor shall not be responsible for providing
electricity or other utilities.
8. CONDUCT OF LICENSEE
Repair of Damage
Licensee shall neither cause nor suffer any waste of the Premises and shall maintain the
Premises in good order at all times. The Licensee’s responsibilities shall include the restoration or
repair of any and all damage to the Premises resulting from any act, failure to act or negligence of the
Licensee or its invitees. This obligation shall survive the termination of the License.
Sanitation
Licensee shall maintain the Premises in a sanitary condition and shall follow all directions of
Licensor with regard to the collection and disposal of refuse.
Staffing and Security
Licensee shall have a sufficient number of its staff will be present at the site at all times to
ensure compliance with the terms of this License. Without limiting the generality of the foregoing,
the Licensee shall be responsible for having at least one adult over the age of twenty-years old on the
Premises at all times when in use by the Licensee.
Licensee shall exercise direct supervision and control of all activities occurring on the
Premises, including activities by minor participants, to ensure that activities are operated in a safe
and appropriate manner and the Licensee shall be solely responsible for ensuring compliance with all
applicable laws, statutes, ordinances, regulations, permits, licenses, orders and requirements of
governmental authorities and with all requirements of its insurance policies.
Licensor is not responsible for the security of the Premises, which shall be the sole
responsibility of Licensee, during the times that Licensee is using or occupying the Premises under
this License.
Costs of Operations
Licensee shall be solely responsible for any and all costs, expenses, damages and liabilities
associated with the exercise of its rights under this License.
Operations Limited to Permitted Use
Licensee shall not conduct any operations upon the Premises except for the Permitted Use
under Section 1 of this License.
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Licensee’s use shall be limited to the dates and times specified in Section 1, provided that the
Licensor may temporarily suspend the Licensee’s use of the Premises if it is determined that the
Licensor requires use of the Premises during a date or time specified in this License, with forty-eight
hours notice to the Licensee, unless such notice is not possible due to events beyond the control of
the Licensor. The Licensor, in its sole discretion, may authorize the Licensee’s use of the Premises
at different dates or times than those specified herein, subject to all other terms of this License.
9. RISK OF LOSS
Licensee agrees that it shall use and occupy the Premises at its own risk, and the Licensor
shall not be liable to Licensee for any injury or death to persons entering the Premises pursuant to the
License, including but not limited to any injury or death to minor participants, or loss or damage to
vehicles, equipment, structures or other personal property of any nature whatsoever of the Licensee,
or of anyone claiming by or through any of them, that are brought upon the Premises pursuant to the
License, except if such injury, death, loss or damages is caused by the willful act or gross negligence
of Licensor, or its employees, agents, contractors or invitees.
10. INDEMNIFICATION
The Licensee shall indemnify, defend and hold harmless the Licensor, and its agents,
employees, volunteers and board members from and against any and all claims, demands, suits,
actions, costs, or judgments, whatsoever, including reasonable attorney's fees and expenses,
which may be imposed upon, incurred by, or asserted against the Licensor or its agents,
employees, volunteers and board members for the death, injury or property damage suffered by
any person relating in any way to the Licensee’s exercise of its rights under this License,
including but not limited to use by minor participants on the Premises by invitation of the
Licensee. The provisions of this Section shall survive the termination of this License.
11. INSURANCE
The Licensee shall keep in force, at its sole cost and expense, during the full term of this
License, of the types and in in the amounts established by the Town for the purpose of insuring the
Licensee and the Licensor against all claims and demands for personal injury or damage to or
diminution in value of any property which may be claimed to have occurred upon the Premises or as
a result of the Licensee’s use and naming the Licensor as a named insured. Failure to obtain and
keep in force said insurance, and failure to provide the Licensor with proof of same, shall
automatically terminate this License and any rights granted herein.
12. RIGHTS OF LICENSOR TO ENTER
The Licensor reserves the right and the Licensee shall permit the Licensor and its employees,
contractors, agents and invitees to enter upon and use the Premises at any time and for any and all
purposes at Licensor’s sole discretion, provided that Licensor’s use shall not interfere with
Licensee’s Permitted Use.
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13. RENEWAL AND TERMINATION
This License may be renewed for such additional one year terms to run from May 15th to
May 14th of the following calendar year, as the Licensor may determine is in the best interests of the
Town, in its sole discretion. In the event the Licensor elects not to renew this License, the Licensee
shall vacate the Site by the last day of the term.
This License is terminable at any time by the Licensor or the Licensee following notice by
certified U.S. Mail, return receipt requested, to the other party. This License shall terminate on the
date specified in such notice.
14. NO ESTATE CREATED
This License shall not be construed as creating or vesting in Licensee any estate in the
Premises or Property or any interest in real property.
15. MISCELLANEOUS
This License may not be modified except in writing, duly executed by both parties.
This License contains the entire agreement of the parties and there are no other agreements or
understandings between the parties regarding the subject matter of the License.
The Licensee is not authorized to bind or involve the Licensor in any contract or to incur any
liability for or on the part of the Licensor; likewise, the Licensor, its employees, agents, contractors
or invitees, is not authorized to bind or involve the Licensee in any contract or to incur any liability
for or on the part of the Licensee.
If any portion of this License is declared to be illegal, unenforceable or void, then all parties
to this License shall be relieved of all obligations under that portion; provided, however, that the
remainder of this License shall be enforced to the fullest extent permitted by law.
The captions in this License are inserted for convenience of reference only and in no way
define, describe or limit the scope or intent of this License or any of the provisions thereof.
This License shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, and any and all legal actions brought in connection with this
License shall be brought in courts within the Commonwealth of Massachusetts.
[SIGNATURES ON THE FOLLOWING PAGE]
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This License is to take effect as a sealed instrument.
LICENSOR: Town of Brewster
_________________________ Chair-Brewster Select Board
Authorized Signature Title
David Whitney
Print Name
Date: _________________________
LICENSEE: _______________________
_________________________ __________________
Authorized Signature Title
_________________________
Print Name
Date:
LICENSEE: _______________________
_________________________ __________________
Authorized Signature Title
_________________________
Print Name
Date: _________________________
___
LICENSEE: _______________________
_________________________ __________________
Authorized Signature Title
_________________________
Print Name
Date: _________________________
______________________
TOWN OF BREWSTER BUILDING DEPARTMENT FEES
Effective July 1, 2018
RESIDENTIAL USES (1 & 2 Family, Multi-Family, Condominiums)
25.00 Deposit Required for Residential Building Permits
Habitable Space per square foot $0.70
Additions up to and including 100 square feet $100.00
Additions over 100 square feet up to and including 250 square feet $200.00
Storage Areas, Convertible (full basement, attic, open porches) per square foot $0.35
Storage Area, non-convertible (5 ft crawl space…) per 100 square feet $10.00
Unheated sunroom, enclosed porch per square foot $0.45
Garage (attached or detached) per square foot $0.25
Deck ($30 minimum) per square foot $0.18
Fireplace/Chimney (not necessary if included with new dwelling permit) $50.00/unit
Mechanical (not necessary if included with new dwelling permit) $50.00/unit
Sheet Metal/Flue $50.00/unit
Repairs/Alterations $25.00 base plus $0.25 per square foot, $50.00 minimum OR
25.00 base plus $6.00 per $1000 construction value
Shed/Barn 120 square feet or less $50.00
Over 120 square feet per square foot $ 0.35
Pool (above and below ground) $100.00
Change of Use/Home Occupation $50.00
Demolition $75.00
Re-roof or replacement windows/ doors or siding or similar $50.00/unit
Wood, Coal, Pellet Stove $50.00/unit
Solar Panels $50.00/unit
Alarm & Security Systems $50.00
Insulation $50.00
NON-RESIDENTIAL USES (Uses include A, B, F, H, I, M, S, & U)
50.00 Deposit Required for Commercial Building Permits
New Construction and Additions per square foot $0.75
Storage areas, convertible (full basement, attic, open porches…) per square foot $0.35
Storage areas (non-convertible) per 100 square feet $25.00
Alterations/Repairs $50.00 base plus $0.35 per square foot ($75 Minimum) OR
50.00 base plus $8.00 per $1000 construction value
Demolition $125.00
Change of Use (no construction) $75.00
Mechanical, Temporary Construction Trailers, Sheet Metal/Duct $125.00/unit
Solar Panels $100.00/plus
2.00 per panel
Alarm & Security Systems $100.00
MISCELLANEOUS FEES
Tent (over 400 sq. ft.), Retaining wall (over 4 feet unbalanced fill) $40.00
Building permit replacement, renewal or extension $35.00
Signs Up to 4 square feet $20.00
Over 4 square feet $30.00
Temporary $ 4.00
Trench Permit (Pursuant to MGL 82A & 520 CMR 7) $40.00
RE-INSPECTION FEES
First Re-inspection $75.00
Second and Subsequent Re-inspections $125.00
Written Zoning Opinions (Response to written inquiries)
Property Owners, Business Managers, Municipal and Governmental Depts. No Charge
Non-Owners and Prospective Owners (per hour of research and preparation) $50.00
Records Request: All Records Requests must be done via the Town Clerks office.
GENERAL CONDITIONS
1. All permit fees will be doubled automatically if work is commenced prior to obtaining the permit
except where allowed by code.
2. All fees will be rounded to the next highest dollar.
3. A fee may be charged for each reinspection as a result of a requested inspection where the work is
non-compliant, not ready, premises locked, not readily accessible or otherwise disapproved.
Reinspection fees noted on schedule.
4. Permit fees and deposits are non-refundable.
5. Permit fees for unusual or special conditions not itemized herein will be determined by the Building
Commissioner.
6. Copies: $0.05 per 8.5 x 11 sheet
0.05 per computer generated sheet
0.25 per 8.5 x 14 or 11 x 17 sheet
2.00 per large building plan sheet
TOWN OF BREWSTER
DEPARTMENT OF NATURAL RESOURCES
1657 MAIN STREET
BREWSTER,MA 02631
PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV
Memo:
To: Brewster Select Board
From: Chris Miller, Ryan Burch
cc: Peter Lombardi
Date: 5/12/23
Re: Request to declare surplus
The Natural Resource Department manages the distribution of three beach wheelchairs located at Paines Creek
Beach and Breakwater Beach. One of those wheel chairs is 20+ years old and needs to be taken out of
circulation. The Natural Resource Department is requesting this beach wheel chair be declared surplus.
Respectfully, submitted
Ryan Burch
TOWN OF BREWSTER
DEPARTMENT OF NATURAL RESOURCES
1657 MAIN STREET
BREWSTER,MA 02631
PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV
Memo:
To: Brewster Select Board
From: Chris Miller, Ryan Burch
cc: Peter Lombardi
Date: 5/12/23
Re: Request to declare surplus
The Natural Resource Department manages the distribution of three beach wheelchairs located at Paines Creek
Beach and Breakwater Beach. Brewster resident Patricia Metz would like to donate a new beach wheelchair to
the Town with an estimated value of $1,960.00. The Natural Resource Department is requesting to accept this
donation.
Respectfully, submitted
Ryan Burch
1
Erika Mawn
From:Mike Richards
Sent:Thursday, May 18, 2023 11:51 AM
To:Erika Mawn
Cc:Donna Kalinick; Griffin Ryder; Emily Sumner
Subject:Surplus
Good morning,
Could you please add the following item to the next available Select Board agenda to be surplus for disposal.
1: Ufility Trailer
VIN# 1YB311317K1B112Z8
MAKE: Custom
MODEL: Custom
YEAR: 1989
The DPW is requesfing the above referenced trailer be surplus for disposal. This trailer is a 1989 Custom or “homemade”
trailer therefore it has no paperwork of origin (Title) idenfifying an authorized manufacturer, make or model. We are
recommending disposal due to any potenfial liability if the Town chose to sell or donate this item. The DPW has replaced
this trailer with a new 2022 Karavan Trailer purchased with operafing budget funds.
Please let me know if missed anything or you have any quesfions,
Thanks
Mike Richards
Master Mechanic
Town of Brewster
Department of Public Works
201 Run Hill Road
Office: 508-896-3212
Cell: 774-353-7160
TO: Select Board
FROM: Clare O’Connor-Rice
RE: Waiver of One Day Event fee
DATE: May 17, 2023
Dave Iannitelli is sending you the event form separately for the Movement Arts Fair at Drummer
Boy Park on Jane 3, from 1-4 PM., rain date June 4, at Drummer Boy Park. This event is
sponsored by the Cultural Council with a grant from the MA Cultural Council.
We are asking for a waiver for the $35 fee. The event will take place from 1-4 on June 3, with a
rain date of the 4. . Many thanks.
C: D. iannitelli
May 16, 2023
To Whom It May Concern,
As President of Friends of Brewster Elders, I am writing to request a waiver of the One Day
Liquor License Fee of $35.
The Friends of Brewster Seniors (formerly the Friends of Brewster Elders) is hosting an open
cash bar event “What’s Ahead for Social Security” at Crosby Mansion on Wednesday, May 31st
from 4:00PM to 6:30PM.
Your consideration of this request is appreciated.
Sincerely,
Marilyn Dearborn
President
FRIENDS OF BREWSTER seniors
PO Box 2310, BREWSTER, MA 02631 - BREWSTERFRIENDS@GMAIL.COM - 508-385-2881
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Jon Idman, Town Planner
RE: Commonwealth “One Stop” Community Planning Grant
DATE: May 19, 2023
I respectfully request that the Select Board vote to authorize the submission of an application
under the above-referenced grant program for FY24. Program details about this new grant
opportunity are included in the Board’s 5/22 meeting packet. The grant would provide funding
to support the investigation and planning for further housing opportunities in the Town,
including review of our existing zoning regulations as identified in the Town’s Housing
Production Plan and draft Local Comprehensive Plan.
Thank you.
cc: Peter Lombardi, Town Manager via email
Donna Kalinick, Assistant Town Manager via email
Jill Scalise, Housing Coordinator via email
FY2024 Community Planning Grant Program
Notice of Additional Funds Available
and Application Guidelines
Introduction:
The Healey-Driscoll Administration is pleased to announce the availability of additional funding for
municipalities across the Commonwealth to support community planning and engagement efforts
geared towards increasing the production of housing. Approximately $1.5M in community compact
funds will be distributed competitively to eligible projects through the Community Planning Grant
Program in the 2023 Community One Stop for Growth process.
The Department of Revenue’s (DOR’s) Division of Local Services (DLS) in collaboration with the
Department of Housing and Community Development (DHCD) will evaluate applications submitted in
the Community One Stop’s Community Planning category to select projects that will be funded through
this source.
Eligible Applicants:
All Massachusetts municipalities are eligible for consideration of this grant opportunity.
Maximum Award Amount:
Grants made by these additional funds will likely range between $25,000 -$100,000. The maximum grant
award will be $100,000. Funding is subject to appropriations in the DOR operating and capital budgets.
Use of Funds:
Grant funds may be expended on professional services and related costs for the completion of a housing
planning project. A planning project must be related to housing production. The following is a list of
projects that will be eligible to be funded by these additional funds:
• Housing Production Plan
• Feasibility Study for municipally owned property
for future housing use
• Housing focused Neighborhood Plan
• Housing focused Downtown Plan
• Housing focused Mixed Use Corridor Plan
• Zoning Review & Revision to encourage
additional housing
• Zoning to Comply with Section 3A of MGL c.40A
• Inclusionary Zoning to add affordability
requirements
• Simple Majority zoning amendment
• Implement a Housing Choice Best Practice
• Economic Feasibility Analysis for compliance
with Section 3A of MGL c.40A
• Establish or expand a 40R Smart Growth
Overlay District
• Outreach and Education about housing needs
Timeline:
Grants made by these additional funds are expected to be awarded in early June. Successful applicants
must execute a contract with DOR no later than June 30, 2023 . Funded projects must be completed by
June 30, 2025. These funds are available on a reimbursement basis.
How to Apply:
Complete a Full Application through the Community One Stop for Growth, which is open from May 1,
2023, through June 2, 2023. Access the Community One Stop application at www.mass.gov/onestop.
Applicants are encouraged to note in the “Short Project Description/Abstract” of their full application
that they wish to be considered for th ese additional housing planning funds and also confirm that they
can execute a contract by June 30, 2023. Applicants that have already applied for a Planning and Zoning
housing related project in the Community One Stop prior to the announcement of these additional funds
will be evaluated by program reviewers without having to make modifications to their application.
As noted, this funding opportunity will be available for projects that are focused on a planning project
related to housing. In the Full Application through the IGX platform, the applicant must choose the
Planning and Zoning Category and then indicate the Project Type – Community Plan or Zoning Revision.
For the Project Focus, applicants should select from the following options:
☐ Community Plan
☐ Neighborhood Plan (must have a housing component)
☐ Downtown Plan (must have a housing component)
☐ Housing Production Plan
☐ Other Planning Document (Applicant will need to specify in the space provided)
Other eligible housing planning projects are:
• Feasibility Study for municipally owned property for future housing use
• Outreach and Education about housing needs
• Mixed Use Corridor Plan
• Economic Feasibility Analysis for compliance with Section 3A of MGL c.40A
• Implementation of a Housing Choice Best Practice
☐ Zoning Revision
☐ Zoning to comply with Section 3A (MBTA Communities)
☐ Zoning Review & Update
☐ Other Zoning Update (Applicant will need to specify in the space provided)
Other eligible Zoning Update projects related to housing are as follows:
• Establish or expand a 40R Smart Growth Overlay District
• Inclusionary Zoning to add affordability requirements
• Simple Majority zoning amendment
• Implementation of a Housing Choice Best Practice
Questions and Contact Information:
If an interested municipality has questions or would like more information about these additional funds
made available through the Community Planning Grant Program , please reach out to Chris Kluchman,
Deputy Director, Community Services Division, DHCD, at chris.kluchman@mass.gov, and Filipe
Zamborlini, Community Grants Coordinator, Community Services Division, DHCD, at
filipe.zamborlini@mass.gov.
TOWN OF BREWSTER
1673 MAIN STREET
BREWSTER,MA 02631
PHONE:(508)896-2737
FAX:(508)896-7587
BCOA@TOWN.BREWSTER.MA.US
COUNCIL ON AGING
May 18, 2023
Brewster Select Board
2198 Main Street
Brewster, MA 02631
Dear Select Board,
At this time, the Brewster COA would like to apply for grant funding with other COA’s
from the Town of Dennis, Barnstable and Yarmouth. This is open to help Councils on
Aging enhance digital literacy for older adults.
The focus is COA’s representing Gateway Cities and Rural Communities.
We are asking for your approval to apply for this grant opportunity.
Thank you for your consideration and support.
Sincerely,
Elton R. Cutler
Elton R. Cutler, Director
Brewster Council on Aging
1673 Main Street I Brewster, MA 02631
508-896-2737 I ecutler@brewster-ma.gov
NEW GRANT OPENS TO HELP COUNCILS ON AGING ENHANCE
DIGITAL LITERACY FOR OLDER ADULTS
A new $1.5M grant opportunity is available from the Massachusetts Executive Office of Elder
Affairs (EOEA) funded by the American Rescue Plan Act Home and Community-Based
Services. The Enhancing Digital Literacy for Older Adults Grant will provide municipal
Councils on Aging (COAs) up to $100,000 per COA to purchase devices, software, or broadband
for older adults; and/or provide training and support for older adults to enhance digital literacy.
COAs must apply online before May 22, 2023 using the MassGRANTS application
portal. Applicants can create partnerships to apply together. COAs representing Gateway
Cities and rural communities are encouraged to apply.
EOEA will host a Bidder’s Conference on April 26, 2023 from 11:00 AM to 12:00 PM to
provide more information and answer questions about the Enhancing Digital Literacy for
Older Adults Grant. Please email MAHCBSgrants@pcgus.com by April 20, 2023 to
receive information about the Bidder’s Conference.
Grant funds can be used for:
Tablets, laptops, and computers
Monitors, keyboards, and computer mouses
Speech-to-text/Text-to-speech software
Mobile hotspots or stipends for home internet (for older adults who are not eligible
for the FCC’s Affordable Connectivity Program)
Part- or full-time staff or third-party contracts to provide training/support
Devices to help older adults access training (e.g., headphones, webcams)
Equipment for training sessions (e.g., projectors, example devices)
Applicants are encouraged to consider access to devices, broadband, and training together as part
of their application to enhance digital literacy of older adults.
Additional resources, including FAQs, a guide to using the MassGRANTS Application Portal,
and the RFA are included on the grant webpage.
You cannot make any changes to your grant application after it is submitted. You can submit
any questions to MAHCBSgrants@pcgus.com.
GATEWAY MUNICIPALITY
A municipality with a population greater than 35,000 and less than 250,000 with a median
household income below the commonwealth's average and a rate of educational attainment of a
bachelor's degree or above that is below the commonwealth's average.
https://www.mass.gov/doc/gatewaycitiesdocx/download
RURAL CITIES AND TOWNS
Brewster Recreation/Pond property committee Brewster RecreationLong Pond Woodland lot, and surrounding trails June 10 & 11th9am2pmGroup hike on the Pond property - two groups of 1020NA2298 Main St Brewster, MA 02631508-896-9430Mike Gradone508-896-9430Group hikexx10We will use the COA vans to shuttle 10 people at a time to the property
Archive d: Thursday, May 18, 2023 12:14:42 PM
From: Donna K alinick
Se nt: Thursday, May 18, 2023 12:01:38 PM
To: Building
Cc: Davis Walters Erika Mawn
Subje ct: RE: Safety Inspections - O ld Sea Camps
Importance : Normal
Se ns itivity: None
No thank you. We wi l l put i t on the 5/22 SB age nda. Donna
From: Buil ding <bui l di ng@brewste r-ma.gov>
Sent: We dne sday, May 17, 2023 11:37 AM
To: Donna Kal i ni ck <dkal i ni ck@bre wster-ma.gov>
Cc: Davi s Wal te rs <dwal te rs@brewster-ma.gov>
Subject: Safe ty Inspecti ons - Ol d Sea Camps
Good morning Donna,
Ed Barber stopped by last week to request the safety inspections for 6 of the buildings at Sea Camps.
* Building 21, Old Dining Hall (ASI-129 $20)
* Building 89, Boathouse (ASI-30 $20)
* Building 31, Art Center (ASI-131 $20)
* Building 78, New Changing Cabin (ASI-132 $20)
* Building 23, P avilion (ASI-133 $20)
* Building 91, P ool P ump House (ASI-134 $40)
We have entered them into OpenGov and the total comes to $140.00. Do you need anything else from us to get the fees waved?
Thank you,
Erika
E rika Glidden
Building Department
508-896-3701 x 1226
Beginning March 21, Brewster Town Of fices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by
appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
townmanager@brewster-ma.gov
Memo
To: Brewster Select Board
From: Erika Mawn, Executive Assistant
Date: May 19, 2023
RE: Seasonal All Alcohol Liquor License Application
The Town received an application for a Seasonal All Alcohol Liquor License from Attorney James
Norcross for Guapos’ Taco Shack, LLC on April 4, 2023. Town Administration followed the process to set
a public hearing, including advertisement on May 8, 2023, for the Select Board to discuss and review
the application. During the public hearing Attorney Norcross requested a continuance as there was a
delay in the acquisition of the property.
On May 18, 2023, Town Administration was advised that the closing on the property has taken place,
however the application needs to be modified as the restaurant will no longer be named Guapos, and
the name of the LLC entity will also be changed. Due to these changes, we have requested that a new
public hearing be set with the updated information and re-advertised.
We recommend that the public hearing be closed with no action by the Select Board.
Office of:
Select Board
Town Manager
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
To: The Select Board
From: Erika Mawn
Date: May 4, 2023
RE: New Common Victuallers License- Guapos’s Taco Shack, LLC
Guapos’s Taco Shack, LLC located at 239 Underpass Road is applying for an annual Common
Victualler License. The manager of record, Bernardo Macedo has submitted the application
along with the required documentation needed for review and approval. Guapos’s Taco Shack,
LLC has confirmed all municipal taxes have been paid. The following departments have also
reviewed the application and have provided the following feedback:
Building Department- There is no concern with the application and an Annual 110
inspection will be completed as they near their opening date.
Health Department- The proposed Title 5 Septic plan has been reviewed and approved.
Paperwork for the food service permit has been submitted and reviewed. A preliminary
pre-operational food inspection was completed at the owner’s request. A more formal
inspection will be completed at a later date.
Fire Department- There are no outstanding fire related violations for this property and
there are no problems or concerns with the application.
Police Department- No concerns with the application.
Town Administration Office- The office has been in communication with the attorney
regarding the Common Victualler license. The attorney was advised that the property is
not up to date on real estate taxes at this time and licenses/permits will not be issued until
this has been corrected.
Planning Department- There are no terms or conditions in the special permit which would
require modification on account of the successful grant of the license requested.
Office of:
Select Board
Town Manager
Archived: Thurs day, May 11, 2023 9:26:18 AM
From: Jeff Drown
Mail received time: Thu, 4 May 2023 13:19:09
Sent: Thu rs day, May 4, 2023 9:19:09 AM
To: Eri ka Mawn
Subject: Fwd: Receipt from nCourt
Importance: Norm al
Sensitivity: None
Sent from m y iPhone
Begin forwarded m es s age:
From: cus tom ers ervice@ncourt.com
Date: May 4, 2023 at 9:02:15 AM EDT
To: laurinos tavern@gm ail.com
Subject: Receipt from nCourt
YOUR RECEIPT >>
Please include the payment receipt with your application. Thank you.
Paid To
Nam e: Mas s achus etts Alcoholic Beverages Control Com m is s ion - Retail
Addres s 1: 95 Fourth Street, Suite 3
City: Chels ea
State: Mas s achus etts
Zip: 02150
Paym ent On Behalf Of
Firs t Nam e: Jeffrey Las t Nam e: Drown
Addres s 1: 3668 Main Street
City: Brews ter State/Territory: MA Zip: 02631
Phone: (508) 237-7526
D escription ID Service Fee Amount
FILING FEES-RETAIL 00013rs0134 $4.70 $200.00
R eceipt Date: 5/4/2023 9:02:13 AM ED T
Invoice Number: 5e0a756e-247f-4ae0-aa0a-
7e2fc85d315e
Total Amount Paid:$204.70
Billing Inform ation
Firs t Nam e Jeffrey
Las t Nam e Drown
Credit / Debit Card Inform ation
Addres s 1 3668 Main Street
City Brews ter
State/Territory MA
Zip 02631
Em ail Laurinos tavern@gm ail.com
IMPORTANT INFORMATION >>
Please include the payment receipt with your appli cation. Thank you.
Pleas e verify the inform ation s hown above. Your paym ent has been s ubm itted to the location l is ted above.
Archive d: Thursday, May 18, 2023 11:38:35 AM
From: Peter Lombardi
Se nt: Tuesday, May 16, 2023 9:51:58 AM
To: Select Board
Cc: Finance Committee Mimi Bernardo Donna Kalinick
Subje ct: FW: N AUSET REGION AL SCHOO L DISTRICT AMENDED FY23 O PERATIN G BUDGET AN D TRAN SFER
O F EXCESS AN D DEFICIEN CY
Importance : Normal
Se ns itivity: None
Attachme nts :
FY23 REGION OPERATIN G BUDGET VER 3 MARCH 10 2022 FINAL.pdf; Dashboard 4-30-23 FIN AL.PDF; SC
FY23 AMEN DED REGION O PERATIN G BUDGET DOCUMEN TS MAY 11 2023 PDF.pdf; SC FY23 AMEN DED
REGION OPERATIN G BUDGET DOCUMENTS MAY 11 2023 PAGE 3 PDF.pdf; TREASURER LETTER TO TOWN
ADMIN ISTRATO RS MANAGERS MAY 15 2023.pdf;
Good morni ng al l,
Pl e ase see attached and be l ow from the re gion regardi ng the i r FY23 ope rati ng budget. The Regi onal School Committe e has
approved appropriating $306k i n avail able E&D to cove r thei r de f i cit and bal ance thi s ye ar’s (revi se d) budget. The towns
te chni cal l y can cal l Town Me e ti ngs to act on thi s propose d change in thei r budge t. Absent acti on to that e f fect by the towns
wi thi n 45 days, the amended budge t i s consi de re d constructi ve l y approve d. Pe r the f ol l ow up be l ow, the y are projecte d to
close thi s FY wi th $1.2M i n E&D (pri maril y due to hi ghe r than anti ci pated distri ct rece ipts this year), whi ch me ans they wil l
l i ke ly ne e d to re duce thei r re l i ance on E&D to bal ance thei r FY25 ope rating budge t. They have used about $1M i n E&D to
balance the i r budgets i n FYs21-24. The y pre vi ousl y used be twe e n $500-800k of E&D for this purpose . Of course, re duci ng E&D
as a re ve nue source may l e ad to hi gher net year ove r ye ar asse ssme nt % incre ases i n FY25+. We wi l l di scuss thi s at your May
22 me e ti ng.
Pe te r
Pete r Lombardi
Town Manage r
Town of Brewste r
508-896-3701 x. 1128
Brewster Town Of fices are open to the public Monday through Thursday f rom 8:30am to 4:00pm, and by appointment on
Fridays.
From: Gi ovanna V e ndi tti <ve ndi ttig@nausetschool s.org>
Sent: Monday, May 15, 2023 5:36 PM
To: Pe ter Lombardi <plombardi @bre wste r-ma.gov>; 'Charl ie Sumne r' <csumner@town.orl e ans.ma.us>; 'Jacquel i ne Be e be '
<jbeebe@e astham-ma.gov>; 'Ri chard Wal do' <Ri chard.Wal do@we ll f l e e t-ma.gov>; Mi mi Be rnardo <mbe rnardo@brewste r-
ma.gov>; 'Richard Bienvenue' <rbi e nve nue @e astham-ma.gov>; 'Cathy Doane' <cdoane@town.orl e ans.ma.us>; 'Li sa Souve'
<Li sa.Souve @we l l f l eet-ma.gov>
Cc: 'Constance Boul os' <boul osc@nause tschool s.org>; 'Brooke Clenchy' <cl e nchyb@nause tschool s.org>; 'Chri stophe r Easl e y'
<e asl e yc@nause tschool s.org>; 'Judi th Schumacher' <schumache rj@nausetschool s.org>; 'Jame s Nowack'
<nowackj@nause tschool s.org>; Brewste r School Commi ttee <bre wste rschoolcommi tte e meeti ng@bre wster-ma.gov>
Subject: RE: NAUSET REGIONAL SCHOOL DISTRICT AMENDED FY23 OPERATING BUDGET AND TRANSFER OF EXCESS AND
DEFICIENCY
Hi Pe te r,
Attache d pl e ase f i nd the FY23 origi nal l y adopted budge t. Al so, please find attache d the most re ce nt Dashboard Report
de tai l i ng the projecte d E & D ne e de d base d upon the project defici ts ($306,445) which reflects the amount vote d f or use from
E & D. Projecte d E & D at June 30, 2023 is $1,208,432 whi ch re fl e cts the amount e armarke d for FY24 budge t of $1,000,975 as
wel l as the amount vote d l ast Thursday of $306,445.
If there i s anythi ng e lse, pl e ase do not he si tate to contact me.
Thank you everyone f or your continued support!
g
Gi ovanna B. V e ndi tti
Di rector of Fi nance and Ope rati ons
Nause t Publi c School s
78 El dredge Park Way
Orleans, MA 02653
Phone : 508-255-8800, Ex t. 7007
Fax : 508-240-2351
E-Mail : ve ndi ttig@nausetschool s.org
Foll ow us on Face book: Nauset Schools Face book Page
Foll ow us on Twi tter: @NPSsocial medi a
The Nauset Public Schools does not discriminate on the basis of race, color, sex, gender identity, religion, national origin, limited English proficiency, sexual
orientation, disability, hom elessness or housing status in its educational program s, activities or em ployment policies.
Please note the Massachusetts Secretary of State's office has determined that m ost em ails to and from municipal offices and officials are public records. For
more inform ation please refer to: http://www .sec.state.ma.us/pre/preidx.htm.
This transmission contains inform ation which is confidential and/or legally privileged. The inform ation is intended only for the use of the individual(s) or
entity nam ed above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of action in reliance
on the contents of this transm ission is strictly prohibited. If you are not a designated recipient, you may not review , copy, or distribute this m essage. If you
receive this in error, please notify the sender by reply e-mail and delete this message. Thank you.
From: Pe te r Lombardi [mai l to:pl ombardi@bre wster-ma.gov]
Sent: Monday, May 15, 2023 5:13 PM
To: Giovanna V e ndi tti <ve nditti g@nausetschool s.org>; 'Charl ie Sumne r' <csumner@town.orl eans.ma.us>; Jacque li ne Beebe
<jbeebe@e astham-ma.gov>; 'Ri chard Wal do' <Richard.Wal do@we l l f l eet-ma.gov>; Mi mi Bernardo <mbe rnardo@brewster-
ma.gov>; 'Richard Bienvenue' <rbi e nve nue @e astham-ma.gov>; 'Cathy Doane' <cdoane @town.orl e ans.ma.us>; 'Li sa Souve '
<Li sa.Souve @we l l f l eet-ma.gov>
Cc: 'Constance Boul os' <boul osc@nause tschool s.org>; 'Brooke Clenchy' <cl e nchyb@nause tschools.org>; 'Christophe r Easl e y'
<e asl e yc@nause tschool s.org>; 'Judi th Schumacher' <schumacherj@nause tschool s.org>; 'Jame s Nowack'
<nowackj@nause tschool s.org>; Brewste r School Commi ttee <brewste rschool commi tte e me e ti ng@bre wste r-ma.gov>
Subject: RE: NAUSET REGIONAL SCHOOL DISTRICT AMENDED FY23 OPERATING BUDGET AND TRANSFER OF EXCESS AND
DEFICIENCY
Thank you, Giovanna. For ease of conve yi ng thi s i nformati on, it woul d be he lpful if the supporti ng budge t documents
di ffe renti ate d between the ori ginal budge t approved by Town Me e ti ngs i n May 2022 and the updated amounts refl e cte d i n
the re vi se d budge t and re late d suppl e me ntal E&D transf e r approve d by the Re gi onal School Commi tte e l ast we e k (e g.
Ce rti fi e d/Adopted FY23 Budge t vs. Re vised/Ame nde d FY23 Budge t). I woul d al so appreci ate update d E&D proje cti ons to
close thi s FY, taki ng thi s $300k transfe r and the $1M appropriation to cover the FY24 operati ng budge t i nto account.
Thanks agai n,
Pe te r
Pete r Lombardi
Town Manage r
Town of Brewste r
508-896-3701 x. 1128
Brewster Town Of fices are open to the public Monday through Thursday from 8:30am to 4:00pm, and by appointment on
Fridays.
From: Gi ovanna V e ndi tti <ve ndi ttig@nausetschool s.org>
Sent: Monday, May 15, 2023 4:41 PM
To: Pe ter Lombardi <plombardi @brewste r-ma.gov>; 'Charl ie Sumner' <csumner@town.orleans.ma.us>; Jacque l i ne Beebe
<jbeebe@e astham-ma.gov>; 'Ri chard Wal do' <Richard.Wal do@we l l f l eet-ma.gov>; Mi mi Bernardo <mbe rnardo@brewster-
ma.gov>; 'Richard Bienvenue' <rbi e nve nue @e astham-ma.gov>; 'Cathy Doane' <cdoane @town.orl e ans.ma.us>; 'Li sa Souve '
<Li sa.Souve @we l l f l eet-ma.gov>
Cc: 'Constance Boul os' <boul osc@nause tschool s.org>; 'Brooke Clenchy' <cl e nchyb@nause tschools.org>; 'Christophe r Easl e y'
<e asl e yc@nause tschool s.org>; 'Judi th Schumacher' <schumacherj@nause tschool s.org>; 'Jame s Nowack'
<nowackj@nause tschool s.org>; Brewste r School Commi ttee <brewste rschool commi tte e me e ti ng@bre wste r-ma.gov>
Subject: NAUSET REGIONAL SCHOOL DISTRICT AMENDED FY23 OPERATING BUDGET AND TRANSFER OF EXCESS AND DEFICIENCY
Importance: High
Good afte rnoon e ve ryone ,
Pl e ase see the attached lette r from our Distri ct Tre asurer, Constance Boul os regarding the Nauset Regi onal School Di stri ct
Ame nde d FY23 Operati ng Budge t and transf e r of Excess and Defi ci e ncy for the same . In addi ti on, pl e ase see the Amended
Operati ng Budge t f or FY23.
If you have any que sti ons, pl e ase do not hesi tate to contact us.
Thank you.
g
Gi ovanna B. V e ndi tti
Di rector of Fi nance and Ope rati ons
Nause t Publi c School s
78 El dredge Park Way
Orleans, MA 02653
Phone : 508-255-8800, Ex t. 7007
Fax : 508-240-2351
E-Mail : ve ndi ttig@nausetschool s.org
Foll ow us on Face book: Nauset Schools Face book Page
Foll ow us on Twi tter: @NPSsocial medi a
The Nauset Public Schools does not discriminate on the basis of race, color, sex, gender identity, religion, national origin, limited English proficiency, sexual
orientation, disability, hom elessness or housing status in its educational program s, activities or em ployment policies.
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more inform ation please refer to: http://www .sec.state.ma.us/pre/preidx.htm.
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CONF IDENTIALITY NOTICE: When writing or responding, please rem em ber that any email sent or received by Nauset Public Schools is subject to the
Massachusetts Public Records Law, M.G .L. c.66. This em ail m essage (including any attachments) is for the sole use of the intended recipient(s) and may
contain confidential inform ation covered under the Family Educational Rights & Privacy Act (FERPA) and/or other student records laws or privacy laws. If you
are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are not authorized to read, retain, print,
copy, dissem inate, or otherwise use this email (or any attachm ents) or any part thereof. If you have received this em ail (and any attachments) in error,
please contact the sender and delete all copies from your system .
NAUSET REGIONAL SCHOOLS Ver 4
OPERATING BUDGET 5.11.2023
AMENDED
%
Certified Budget Certified Budget Certified Budget Certified Budget Certified Budget Certified Budget Certified Budget Certified Budget Proposed Budget Increase Increase
EXPENSE 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-2021 2021-2022 2022-2023 Decrease (Decrease)
MS 7,251,616 7,432,783 7,642,453 7,727,788 7,990,235 8,245,521 8,452,061 8,663,380 8,808,190 144,810 1.67%
HS 10,702,040 10,968,281 11,131,812 11,086,421 11,468,531 11,781,018 11,859,106 12,155,584 12,348,334 192,750 1.59%
OPEB Contribution 0 0 0 0 0 400,000 0 0 0 0 0.00%
Region Only 10,107,934 10,425,132 11,109,971 9,200,923 9,185,401 9,498,049 10,381,124 10,287,050 12,017,123 1,730,073 16.82%
Region's Share of Central Office 938,399 1,007,868 995,246 1,004,653 1,034,296 1,077,127 1,105,556 1,151,988 1,149,949 (2,039)-0.18%
Total 28,999,988 29,834,063 30,879,481 29,019,785 29,678,463 31,001,715 31,797,847 32,258,002 34,323,596 2,065,594 6.40%
INCOME
State Base Aid 3,321,529 3,346,989 3,346,989 3,444,939 3,444,939 3,491,268 3,526,826 3,562,549 3,598,819 36,270 1.02%
Charter School Aid 135,735 76,637 74,005 74,005 74,005 61,549 58,154 299,244 475,921 176,677 59.04%
State Transportation Aid 557,444 528,982 594,252 765,016 827,315 819,851 819,851 819,851 819,851 0 0.00%
Truro & Provincetown Tuition 1,975,730 1,776,780 2,257,625 2,028,028 2,024,960 2,344,166 2,118,863 1,880,965 1,987,618 106,653 5.67%
Elementary Assessments for Therapists 131,038 149,853 178,456 187,954 189,913 202,429 227,140 260,911 246,853 (14,058)-5.39%
Estimated Receipts 50,000 50,000 50,000 100,000 185,000 200,000 211,000 106,000 106,000 0 0.00%
Transfer from E&D 250,000 500,000 783,500 630,000 590,000 590,000 946,760 946,760 1,306,445 359,685 37.99%
Prior Transfer-In from Revolving Funds***2,410,659 2,653,344 2,331,223 0 0 0 0 0 0 0 0.00%
8,832,135 9,082,585 9,616,050 7,229,942 7,336,132 7,709,263 7,908,594 7,876,280 8,541,507 665,227 8.45%
Total Operating Budget 20,167,853 20,751,478 21,263,431 21,789,843 22,342,331 23,292,452 23,889,253 24,381,722 25,782,089 1,400,367 5.74%
Construction Debt Service 664,220 481,700 264,744 255,063 251,563 267,286 256,450 364,659 295,813 (68,846)-18.88%
Transfer from E&D 0 0 4,106 4,106 4,106 4,106 1,154 0 2,129 2,129 100.00%
SBAB Reimbursement 654,591 0 0 0 0 0 0 0 0 0 0.00%
DEBT TO BE FUNDED 9,629 481,700 260,638 250,957 247,457 263,180 255,296 364,659 293,684 (70,975)-19.46%
Capital Plan Projects 532,356 545,665 559,307 573,290 13,983 2.50%
TOTAL ASSESSMENT 20,177,482 21,233,178 21,524,069 22,040,800 22,589,788 24,087,988 24,690,214 25,305,688 26,649,063 1,343,375 5.31%
Page 1
NAUSET REGIONAL SCHOOLS Ver 4
OPERATING BUDGET 5.11.2023
AMENDED
BREWSTER EASTHAM ORLEANS WELLFLEET TOTAL
FY 22 Population**578 238 229 155 1,200
Assessment %48.17%19.83%19.08%12.92%100%
Debt Assessment 175,644 72,324 69,589 47,102 364,659
FY22 Capital Plan Projects 269,400 110,929 106,734 72,244 559,307
FY22 OPEB Contribution - - - - -
Operating Assessment 11,743,855 4,835,717 4,652,854 3,149,296 24,381,722
Total Assessment 12,188,899 5,018,970 4,829,177 3,268,642 25,305,688
FY 23 Population** 576 238 256 145 1,215
Assessment %0.474074 0.195885 0.210700 0.119342 100.00%
Debt Assessment 139,228 57,528 61,879 35,049 293,684
FY23 Capital Plan Projects 271,782 112,299 120,792 68,417 573,290
FY23 OPEB Contribution - - - - -
Operating Assessment 12,222,619 5,050,319 5,432,276 3,076,875 25,782,089
Total Assessment 12,633,629 5,220,146 5,614,947 3,180,341 26,649,063
BREWSTER EASTHAM ORLEANS WELLFLEET TOTAL
Increase (Decrease) 22 to 23
Population**(2)0 27 (10)15
Assessment %-0.76%-0.24%1.99%-0.98%0.00%
Debt Assessment (36,416)(14,796)(7,710)(12,053)(70,975)
Capital Plan Projects 2,382 1,370 14,058 (3,827)13,983
OPEB Contribution - - - - 0
Operating Assessment 478,764 214,602 779,422 (72,421)1,400,367
Total Assessment 444,730 201,176 785,770 (88,301)1,343,375
2023 Capital Plan Projects
Towns' Shares 271,782 112,299 120,792 68,417 573,290
NAUSET REGIONAL SCHOOLS FY23 OPERATING BUDGET, DEBT, & CAPITAL BUDGET 25,305,688 26,649,063 1,343,375 5.31%
2023 TOTAL ASSESSMENT 12,633,629 5,220,145.67 5,614,947 3,180,341 26,649,063
* Provincetown Tuition - FY11 income not counted in total. Tuition was approved after budget was certified.
**Population = The number of resident students attending Nauset, other schools as "choice students", or public charter schools.
***Per DESE starting in FY18 Nauset will budget a portion of expenditures directly out of Revolving Funds instead of appropriations
for those revolving funds revenue budgeted as a general fund revenue source (Transfer-In).
Page 2
NAUSET REGIONAL SCHOOLS 5.11.2023
ver 4
AMENDED
OPERATING EXPENSE BUDGETED FROM REVOLVING FUNDS
Certified Certified Certified Certified Certified Certified Certified Certified Certified %
Budget Budget Budget Budget Budget Budget Budget Budget Budget Increase/Increase
EXPENSE 2014-15 2015-16 2016-17 2017-18 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 (Decrease)(Decrease)
Circuit Breaker Revolving Fund 810,351 903,344 596,723 649,601 764,274 764,274 930,600 930,600 1,180,600 250,000 26.86%
School Choice Revolving Fund 1,600,308 1,700,000 1,534,500 1,833,500 2,128,100 2,128,100 1,556,500 1,276,000 1,233,000 (43,000) -3.37%
Cape Cod Tech Revolving Fund - - - 49,500 16,500 6,000 10,000 10,000 10,000 - 0.00%
Firebird Revolving Fund - - - 20,000 - - - - 10,000 10,000 0.00%
MS Building Use Fund - - - 60,000 - - - - - - 0.00%
HS Building Use Fund - - - 10,000 - - - - - - 0.00%
International Student Revolving Fund - 50,000 200,000 - - - 25,000 - - - 0.00%
Total Expenses Funded With Revolving Funds***2,410,659 2,653,344 2,331,223 2,622,601 2,908,874 2,898,374 2,522,100 2,216,600 2,433,600 217,000 9.79%
***Per DESE starting in FY18 Nauset will budget a portion of expenditures directly out of Revolving Funds instead of appropriations
for those revolving funds revenue budgeted as a general fund revenue source (Transfer-In).
Page 3
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Office of:
Select Board
Town Administrator
Policy no. 45
Date adopted:12/16/13
Amended: 06/10/22
REMOTE PARTICIPATION POLICY
Minimum Requirements for Remote Participation
(a) Members of a public body who participate remotely and all persons present at
the meeting location shall be clearly audible to each other;
(b) A quorum of the body, including the chair or, in the chair's absence, the
person
authorized to chair the meeting, shall be physically present at the meeting location,
as required by M.G.L. c. 30A, sec 20(d);
(c) Members of public bodies who participate remotely may vote and shall not be
deemed absent for the purposes of M.G.L. c. 39, sec. 23D.
The All Citizens Access Committee shall be exempt from these provisions.
Since Brewster has adopted the provisions of 940 CMR 29.10(2), a member of a public
body shall be permitted to participate remotely in a meeting, in accordance with the
procedures described in 940 CMR 29.10(7), if the chair or, in the chair's absence, the
person chairing the meeting, determines that the member's physical attendance would
be unreasonably difficult. The chair shall be responsible for ensuring that a quorum is
physically present at the meeting location. Members should not select a chair that
regularly expects to participate remotely.
Frequency of Remote Participation
(a) Individual members of any public body shall be permitted to participate
remotely in meetings but must be physically present for at least 50% of
meetings of that public body in a given fiscal year . Members of regulatory
boards (Planning Zoning Board of Appeals, Board of Health, Conservation
Commission, Historic District Committee, and Select Board) must be physically
present for at least 75% of meetings of that public body in a given fiscal year.
Doc ID: 8d6e77f7e9c5f3df25eac3daa6e019629c4a0e96
(b) The Town will strive to provide opportunities for both in -person and remote
participation at Board and Committee meetings to the greatest extent
practicable.
(c) All board and committee meetings will be broadcast on BGTV Channel 18
and/or livestreamed on th e Town website to the greatest extent practicable.
Technology
(a) Remote participants shall use video conferencing media (ie. Zoom).
(b) When video technology is in use, the remote participant shall be clearly
visible to all persons present in the meeting location.
(c) The chair or, in the chair's absence, the person chairing the meeting, may
decide how to address technical difficulties that arise as a result of utilizing remote
participation, but is encouraged, wherever possible, to suspend discuss ion while
reasonable efforts are made to correct any problem that interferes with a remote
participant's ability to hear or be heard clearly by all persons present at the
meeting location. If technical difficulties result in a remote participant being
disconnected from the meeting, that fact and the time at which the disconnection
occurred shall be noted in the meeting minutes.
Procedures for Remote Participation
(a) Any member of a public body who wishes to participate remotely shall, as
soon as reasonably possible prior to a meeting, notify the chair or, in the
chair's absence, the person chairing the meeting, of his or her desire to do so
and the reason for and facts supporting his or her request.
(b) At the start of the meeting, the chair shall announce the name of any member
who will be participating remotely. This information shall also be recorded in the
meeting minutes.
(c) All votes taken during any meeting in which a member participates remotely
shall be by roll call vote.
(d) A member participating remotely may participate in an executive session, but
shall state at the start of any such session that no other person is present and/or
able to hear the discussion at the remote location, unless presence of that
person is approved by a simple majority vote of the public body.
(e) When feasible, the chair or, in the chair's absence, the person chairing the
meeting, shall distribute to remote participants, in advance of the meeting,
copies of any documents or exhibits that he or she reasonably anticipates will
be used during the meet ing. If used during the meeting, such documents shall
Doc ID: 8d6e77f7e9c5f3df25eac3daa6e019629c4a0e96
be part of the official record of the meeting, and shall be listed in the meeting
minutes and retained in accordance with M.G.L. c. 30A, sec. 22.
Approved by the Brewster Select Board on _______________________
___________________________ ___________________________
David Whitney, Chair Ned Chatelain, Vice Chair
___________________________ ___________________________
Kari Hoffmann, Clerk Mary Chaffee
___________________________
Cindy Bingham
June 13, 2022
Doc ID: 8d6e77f7e9c5f3df25eac3daa6e019629c4a0e96
**MEMORANDUM**
TO:Brewster Select Board
CC: Peter Lombardi, Jay Packett
FROM: Anne O’Connell, Chair, Brewster Golf Commission
DATE: 4/18/23
RE: Policy #45 – Remote Participation
On behalf of the Brewster Golf Commission, I am requesting that the Select Board suspend a
provision of their Remote Participation Policy.
On March 29th the State of Massachusetts extended, until 3/31/25, the suspension of certain
provisions of the Open Meeting Law. This has resulted in a local policy that is less flexible than
that of the State.
The provision in question is the current requirement that a quorum of commissioners be
physically present at the public location. Prior to the pandemic, remote participation was
awkward at best. One of the positives to come out of the pandemic is that technology now
allows for smooth and efficient remote participation.
In an informal discussion on this issue, it was suggested that since members of the public are
now allowed to attend meetings in person, it might be awkward if there were only 2-3 members
of a board physically present and an agenda topic generated a large number of attendees. While I
appreciate the point, I think that if, based on its meeting agenda, a board anticipated that such an
event was likely to occur, all board members would make every effort to physically attend the
meeting. In other words, I believe such potential situations can be ably managed by the
individual boards.
Policy #45 states that
(b) The Town will strive to provide opportunities for both in-person and remote
participation at Board and Committee meetings to the greatest extent
practicable.
It is hard to reconcile that statement when the policy, in fact, is limiting remote participation
even though permitted by the State. Town Boards and committees are made up of people who
volunteer their time and efforts in matters important to the Town. Allowing for flexible
participation, where permissible, is both appropriate and more likely to encourage continued
resident service to Brewster.
In summary, we urge you to follow the State’s lead and allow both virtual and physical
attendance to define a quorum.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Intermunicipal Agreement with Truro for Net Metering Credits
DATE: May 19, 2023
Several years ago, the Town of Truro decided to purchase all the output from a
commercial solar project that was producing more than Truro would need, because
they were unsure at the time about decreasing state incentives for solar and they
thought it would be easy to sell the excess. For various reasons, they have not yet sold
any excess credits and have banked about $400,000 in net metering credits to date.
Going forward, they expect to generate about $65,000 a year in excess credits.
This proposed arrangement, outlined in the enclosed intermunicipal agreement, would
result in Brewster applying 20% of the value of these excess credits to cover our
electric utility expenses – about $80k in Year 1 and $15k/year going forward. The
balance of these energy credits would be applied to Truro. Our Energy Manager has
verified that we have ample offtaker capacity to accept these credits. Should the Town
identify a more favorable solar credit arrangement, we are not obligated to remain in
this intermunicipal agreement. Brewster’s Energy Committee unanimously supported
this proposed arrangement last year.
Office of:
Select Board
Town Administrator
1
INTERMUNICIPAL AGREEMENT
TOWNS OF TRURO AND BREWSTER
TRANSFER OF NET METERING CREDITS
This Intermunicipal Agreement is entered into this ____ day of _________, 2023, by and
between the Towns of Truro and Brewster acting by and through their respective Select Boards.
RECITALS
WHEREAS, the Town of Truro (“Truro”) has entered into a power purchase agreement
with Altus Power dba CA MA Solar, LLC for the purchase of net metering credits generated as a
result of a solar power generating facility located in Canton, Massachusetts;
WHEREAS, the generating facility is producing more credits than Truro can use;
WHEREAS, the Town of Brewster (“Brewster”) has energy accounts that can be offset
by Truro’s unused net metering credits;
WHEREAS, both parties have been authorized to enter into this Agreement by the votes
of their respective Select Boards in accordance with the provisions of Massachusetts General
Laws, Chapter 40, Section 4A; and
WHEREAS, the parties agree that it is in their mutual best interests for Truro to sell and
Brewster to buy Truro’s unused net metering credits.
NOW THEREFORE, in consideration the mutual covenants set forth herein and for other
good and valuable consideration, the receipt and sufficiency are hereby acknowledged, Truro and
Brewster hereto covenant and agree as follows:
AGREEMENT
1.Transfer of Net Metering Credits. Truro agrees to sell and Brewster agrees to purchase any
excess net meter credits (“NMC”) received from Eversource subject to the terms of
conditions set forth in this agreement.
2
2.Procedure for Transfer of NMCs. The Transfer of NMCs from Truro to Brewster shall be
processed as follows:
A.At the beginning of the contract, Truro will inform Brewster of the percentage of Truro’s
total NMCs available for purchase by Brewster (“Offered NMCs”) as well as an estimate
of the financial value of such NMCs. Brewster will, within 30 days of receipt of such
information from Truro, inform Truro of the percentage of total NMCs it wishes to
purchase (“Contracted NMCs”), which number will not exceed the Offered NMCs. Such
Contracted NMCs shall then become the basis for the NMC allocation between the
Parties. For avoidance of doubt, both Offered NMCs and Contracted NMCs are
percentages between 0% and 100%, and the actual financial value of the NMCs will
fluctuate from month to month with the performance of the solar generating station and
the value of NMCs established by Eversource. Truro makes no representation with
respect to the financial value of NMCs or the performance of the solar generating station.
B.Brewster shall also provide Truro with its Eversource account numbers and percentage
allocations to each account. Truro will submit a Schedule Z to Eversource with
Brewster’s as well as Truro’s NMC allocations.
C.From time to time as initiated by either Party, but no more frequently than once per
calendar year, Truro may modify its Offered NMCs to Brewster, and Brewster may
modify its Contracted NMCs from Truro, according to the procedure outlined in 2(A).
The revised Contracted NMCs will become the new basis for NMC allocation only when
implemented by Eversource. If Truro revises its Offered NMCs and has not received
Brewster’s revised Contracted NMCs within 30 days, Truro may unilaterally modify the
3
Contracted NMCs and adjust Brewster’s electric account allocations prorata in a revised
Schedule Z to Eversource.
D.Upon receipt of the energy credits specified on Brewster’s Schedule Z, Brewster shall
remit payment to Truro in an amount equal to eighty percent (80%) of the value of the
credits received. For example, if Brewster receives $1,000 in credits from Eversource, it
will pay Truro the sum of $800.00.
E.The Parties agree to exchange documentation as needed to confirm the transactions,
including electric bills or other correspondence sent to or received from Eversource.
Such documentation will be considered confidential and used only for the purpose of
managing this contract.
3.No Obligation. The Parties acknowledge and agree that the transfer of NMC’s for any given
period is subject to availability, and Truro expressly reserves the right to use all of the NMCs
allocated to it. The parties further acknowledge and agree that, for any given period, Truro
may elect not to sell any NMC’s to Brewster, in its sole discretion, for any reason or no
reason at all; and Brewster may elect not to purchase all or any portion of the NMC’s offered
by Truro in any given period, in its sole discretion, for any reason or no reason at all. If
either party chooses not to exercise its right of sale or purchase for a particular period, it shall
not be deemed a waiver of its right to sell or purchase NMCs in subsequent periods.
4.Appropriation. Brewster’s obligations to purchase NMCs from Truro shall be subject to
appropriation.
5.Term. This Agreement shall commence on the date first written above and shall expire on
May 31, 2037 unless sooner terminated as set forth herein.
4
6.Termination. This Agreement may be terminated by either party upon ninety (90) days
written notice to the other party; provided, however, that termination shall not take effect
until all credit requests have been processed by Eversource, received by Brewster, and paid
for by Brewster.
7.Entire Agreement. The parties understand and acknowledge that this Agreement and the
documents attached hereto contain the entire agreement between them, and the terms of this
Agreement are contractual and not a mere recital.
8.Authorization. The Parties further state that they have carefully read the foregoing
Agreement and fully understand the contents thereof, and that the signatories hereto are duly
authorized to sign this Agreement on behalf of the respective parties and that each signs and
executes this Agreement as their free act and deed.
9.No Inducement. The Parties hereby acknowledge that no promise or inducement which is
not herein expressed has been made and in executing this Agreement, the Parties do not rely
upon any statement or representation made by any person, firm, or entity hereby released
other than those set forth in this Agreement.
10.Amendments. This Agreement may not be varied in its terms by an oral agreement or
representation or otherwise, and none of the terms hereof may be waived, except by an
instrument in writing of subsequent date hereof executed by all of the Parties.
11.No Third Party Beneficiaries. Notwithstanding anything to the contrary herein, there are no
third party beneficiaries to this Agreement.
12.Severability. Each provision of this Agreement shall be considered separate and if, for any
reason, any provision herein is determined to be invalid or contrary to any existing or future
law, such invalidity shall not impair the operation of or affect those portions of this
5
Agreement which are valid, except that if all or any part of the release of claims provided by
a Party is deemed invalid, the Agreement shall be deemed invalid.
13.Succession. This Agreement shall be binding upon and inure to the benefit of each of the
Parties hereto and the respective heirs, legal representatives, successors and assigns of each.
14.Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the Commonwealth of Massachusetts. Any litigation arising hereunder shall be
brought solely in the courts of the Commonwealth of Massachusetts.
15.Counter Parts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which, when taken together, shall constitute one
and the same instrument. The facsimile signature or signature sent electronically by .pdf or
otherwise of any party to any counterpart shall constitute the signature of such party for all
purposes.
IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as a sealed
instrument as of the date first above written.
Brewster Select Board Truro Select Board
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
Net Metering Credit Purchase Agreement
Town of Truro, Massachusetts
June 21, 2021 Proposal
The following is intended for discussion purposes only. Nothing contained in this
document is binding in any way on the parties.
Seller Town of Truro
Buyer [to be determined]
Purchase and Sale Seller will sell to Buyer a Buyer’s Share of Seller’s excess
solar Net Metering Credits (NMCs). NMCs will be
denominated in dollars not kilowatt-hours.
Designated Utility
Accounts
Buyer shall provide to Seller the Designated Utility
Accounts it wishes to be credited. Buyer may specify any
number of accounts in Eversource’s SEMA region.
Buyer’s Share
(percentage)
Seller will specify the Maximum Buyer’s Share, which can
be adjusted from time to time by Seller.
It is expected that Seller will set Maximum Buyer’s Share at
70% or approximately $120,000 per year for approximately
four years, after which the Maximum Buyer’s Share will be
set to provide approximately $50,000 per year.
Buyer will specify its desired Buyer’s Share at any
percentage between zero percent and the Maximum Buyer’s
Share. Buyer can alter the Buyer’s Share up to once per
year.
No Minimum
Transaction
Seller guarantees no minimum transaction, because Seller’s
excess NMCs will be determined in part by Seller’s own
electricity use and by the solar output and performance of
Seller’s contracted solar system.
Term The Term will expire May 2037 unless terminated earlier.
Termination Either party can terminate the agreement without penalty
with 90 days written notice, except that, if Eversource is
delinquent in processing a Schedule Z filing, the termination
will not be effective until the filed Schedule Z becomes
effective.
2
Price For the dollar value of NMCs received by Buyer from Seller,
Buyer shall pay to Seller 80% of such value. For the
avoidance of doubt, Buyer will pay Seller only for NMCs
received.
Other Terms Contract may include terms and conditions including, but not
confined to payment terms; representations and warranties;
confidentiality; events of default and remedies; governing
law; and notice.
X PRINCE LOBEL
May 3,2023
vtA ELECTRON lC CORRESPONDENCE (plombardi@brewster-ma.gov)
Town of Brewster
Peter Lombardi, Town Manager
2198 Main Street
Brewster, MA 02631
RE Cape Cod Grow Lab, LLC
Clarification of Alternate Property Address
1399 Freemans way alwa 95 Alexandra Avenue, Brewster, MA 02631
Dear Mr. Lombardi,
This firm represents Cape Cod Grow Lab, LLC ("CCGL') regarding the ppposed cannabis
establishment to be located at 1399 Freemans Way, Brewster, MA 02631(the "Property"). The
property is owned by JAC Real Estate LLC, an affiliated company, which entered into a Lease
ngrbement with CCGL providing the legal right to use the Property. Please accept this
cJrrespondence on behalf of CcCt- asLn upoate regarding its final licensure and a clarification
of the alternate property address as further detailed herein.
By way of background, CCGL and the Town of Brewster (the "Town") are parties to a Host
C"ommunity Agreement (the "HCA") dated July 25, 2018, allowing for CCGL to locate a
marijuana
-cultivator,
product manuiacturer, and transporter establishment (the "Proposed U?"")
at thL property. CC6'r- was granted a Special permit and Site Plan Review Decision #2018-23
on January lg,ZOl9, forwhlch a modification was granted on December 11,2019 (togetherthe
"Special Permit").
CcGL was approved for provisional licensure by the Cannabis Control Commission (the .CcC')
on or about March 7,2019, and received approval of its architectural review request on or about
September 13,2021. Upon completing the necessary construction and renovations at the
property and receiving a certificate of-occupancy from the Town, CCGL will request its post-
provisional license ins--pection with the goal of final licensure from the CCC on or about June 8,
2023.
The HCA and Special Permit both list the address of the Property as 1399 Freemans Way,
Brewster, MA 02631. As you may be aware, as part of the substantial rehabilitation of the
property several parcels *bre r"rged and split pursuant to a subdivision plan and an alternate
address of g5 Alexandra Avenue, Brewster, MA 02631(the "Alternate Address") was assigned.
See Assessing Record Attached hereto as Exhibit A noting the new address of 95 Alexandra
Avenue which was formerly identified as 1399 Freemans Way. There have been no changes to
the Proposed Use pursuant to the HCA and the special Permit.
As CCGL moves towards final licensure and the build-out of the site, we want to ensure there is
no confusion arising from the physical address of the Property. We respectfully request
confirmation that thelown does not require any additional action on the part of CcGL regarding
the physical address of the property and CCGL can proceed with licensure under the address
PRINCE LOBEL TYE LLP
One lnternational Place, Suite 3700, Boston, MA 02110
Office (617) 456-S000 Fax (617) 456-8100
www.Princelobel'com
iM anageDB I \1 1 I 93 0\000000\443 98 1 6. v 1 - 4 I 27 I 23
May 3,2023
Page l2
of g5 Alexandra Avenue. Upon confirmation by the Town, CCGL will also notify the CCC of the
revised physical address of the Property. Should additional action be required on the part of
CCGL, we-are happy to discuss at your convenience. I can be reached directly at (857) 272-
6226. On behalf of CCGL, we appreciate your consideration.
Si
Esq
(857) 272-6226
Enclosure
cc
Matthew Griffin, Cape Cod Grow Lab, LLC
PRINCE LOBEL TYE LLP
One lnternational Place, Suite 3700, Boston, MA 02110
iManageDBl\1 11930\000000\4439816.v1-4127123 /61 7\ 456-R6OO
Key: 8101Town of BREWSTER - Fiscal Year 2023912V2O22 2:56 pm SEQ#: 8,330LEGALLANDMODELSTYLEOUALIryFRAMFBI.IILDING5664CD3.501.000.98AD.JctMGANN|BTS LAB t100%lAVG t100%lMETAL tlOO%IDESCYEAR BLTNETAREA$NLA(RCN)20219,088$249BUILDINGSTORIES% HEATED% AIR COND% SPRINKLERSCAPACIryADJDETAIL ADJ1100100100UNITS1.001.001.031.02ADJ0.8873.5991 015FOUNDATIONEXT, COVERROOF SHAPEROOF COVERFLOOR COVERINT. FINISHHEATING/COOLFUEL SOURCEELEMENT4'19I10Ib12CDFLR & WALLPREFAB METALGABLEMETALCONCRETEMINIMUMFORCED AIRGASNFS(:RIPTION1.001.001.001.000.950.951.001.00AD.IABASBATLTBASE AREADESCRIPTION9,088I |NITS2021YR248.52AF}.I PRI(:F2,258,578RCNTYNbhdSt lndlnflTOTAI103303CDBURNING GRINDER LLC59 COMMERCE PARK ROADBREUT'STER, MA 02631CURRENTOWNERot tAtSA40,0002.339ctMINDUSTRIALAVERAGE3 257 AcresAC/SF/UN(i.)NDDIM/NOTFctM 1,00ctM 1.00NhhdFY22 #95 ALEXANDRA AVE PET FD 3131121i FY2'I LOI 1ot Subdivision per Plan Bk 685 Pg 91; Formerly 1399Freemans Way; FY2020 merge with portions of 131-2,131-8 & 143-7 to remain 131-7 per Plan Bk 678 Pg 26ZONING35351.00'1.00St lnriA1.001.00lnfiMEASURELISTREVIEWIJNITS240,800'10,640ADJ BASEBURNING GRINDER LLCBURNING GRINDER LLCDIAS CHRISTOPHERTRANSFFR HISTORYt3t-7-0PARCEL IDADJ PRICE6129t20226t29t?02271111202201.001.00SAFA1.001.00ToDoPJKESTPJKc01 0.80cot 0.80lni04t24t20't903t2'11201701t2312017DOS95 ALEHNDRAAVENUELOCATIONLANDBUILDINGDETACHEDOTHERTOTAIASSFSSFT)V(lGBH1.375.300246,0001,129,30000CURRENTCRFDIT AMT350,000100SALE PRICE214,2002',14,200000221,12024,890ADJ VALUEPREVIOUS31972-11030363-19'130252-327FIK-PG acerflRCNLDCONDFUNCECONOEPREXTERIORINTERIORRCNt2EaAlBAStl$'1,129,3000 07o50 uc0so ["zTEEl502021 I 02.25A.578AA(:D6163962021-332020-23727PMT NO.1000CLASS100cLASS%07t0at20210411512021o911012019051241201812,0512005PMT DTMANUFACT BLDGNFS(:RIPTION11337'l1ryNEW CONSTRUCNEW CONSTRUCSPLIT/SUB/LASPLIT/SUB/LAALTERATIONSDESC3,1 00,0001 14,6002,200AMOIINTo6t2912022061291202208t04t202008/01/20't 907t2712006INSPBN ID1BNPJKPJKJMGJMGRJMBYtof INARN501001001001001st90100100100100oaDETAHED
FIRST AMENDMENT TO THE HOST COMMUNITY AGREEMENT
BETWEEN THE TOWN OF BREWSTER AND
CAPE COD GROW LAB LLC
This First Amendment to Host Community Agreement (the “Amendment”) is entered
into this ___ day of ___________, 2023 by and between and between the Town of Brewster, a
Massachusetts municipal corporation with a principal address of 2198 Main Street, Brewster,
Massachusetts (the “Town”), acting by and through its Board of Selectmen in reliance upon all
of the representations made herein, and the Cape Cod Grow Lab (“CCGL”), a Massachusetts
limited liability company (LLC), and any successor in interest, with a principal office address of
59 Commerce Park Road, Brewster, Massachusetts (the “Company”) (the Town and Company,
collectively, the “Parties” and each a “Party”).
RECITALS
WHEREAS, the Town and the Company entered into a Host Community Agreement on
or about March 13, 2018 (the “HCA”), with respect to the Company’s use of land known as at
1399 Freemans Way, Brewster, MA, Assessors Map 131 Parcel 0007 (the “Property”), as a
Marijuana Cultivator, Marijuana Product Manufacturer and Marijuana Transporter Establishment
for the cultivation, product manufacturing (including transportation), commercial production and
distribution of marijuana for adult use (the “Facility”), as more fully set forth in the HCA;
WHEREAS, the Property was subdivided by its owner and a new address of 95
Alexandra Avenue, Brewster, MA 02631 was assigned to the portion of the Property where the
Facility was proposed to be located; and
WHEREAS, the Parties seek to resolve any confusion or ambiguities regarding the
location of the Facility.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt of which is hereby acknowledged, the Parties
hereby agree as follows:
1.The Parties agree that the above Recitals are true and accurate and that they are incorporated
herein and made a part hereof.
2.The language “1399 Freemans Way, Brewster, MA, Assessors Map 131 Parcel 0007” in the
second paragraph of the recitals in the HCA shall be amended to “95 Alexandra Avenue,
Brewster, MA, Assessors Map 131 Parcel 0007.”
3.Any and all references to the term “Property” in the HCA shall refer to 95 Alexandra
Avenue, Brewster, MA 02631.
4.Capitalized terms used herein, but not otherwise defined, shall have the meanings set forth in
the HCA.
5.Except as expressly set forth in this Amendment, the HCA otherwise remains in full force
and effect and is incorporated and restated herein as if fully set forth at length. Any reference
in the HCA to the HCA shall be deemed to also refer to this Amendment.
6.In the event of any inconsistencies between the HCA and this Amendment, the terms of this
Amendment shall take precedence.
7.This Amendment may be signed in any number of counterparts, each of which is an original,
and all of which taken together shall constitute one and the same instrument, and any party
hereto may execute this Amendment by signing one or more counterparts.
8.Each Party hereto represents and warrants that it is duly organized and existing and in good
standing, has the full power, authority, and legal right to enter into and perform this
Amendment, and the execution, delivery and performance hereof and thereof (i) will not
violate any judgment, order, state law, bylaw, or regulation, and (ii) does not conflict with, or
constitute a default under, any agreement or instrument to which the Company is a party or
by which the Company may be bound or affected.
9.Each person signing this Agreement hereby represents and warrants that he or she has the full
authority and is duly authorized and empowered to execute this Agreement on behalf of the
Party for which he or she signs.
10.Facsimile and electronic signatures affixed to this Amendment shall have the same weight
and authority as an original signature.
11.This Amendment shall be effective as of May 22, 2023.
IN WITNESS THEREOF, the Town and the Company have executed this Amendment on
the day and year first written above.
TOWN OF BREWSTER
______________________________
David Whitney,
Chairman of the Board of Selectmen
On behalf of the Town of Brewster as
authorized by vote on ________.
CAPE COD GROW LAB, LLC
___________________________
Chris Dias
Managing Member
____________________________
Artak Sahakyan,
Managing Member
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Updated American Rescue Plan Act Funds Spending Plan
DATE: May 19, 2023
Last spring, the Select Board approved an expenditure plan for Brewster’s direct
allocation of $1.023M in American Rescue Plan Act funds that included:
$275k for one-time premium pay for eligible public sector front-line employees
(see details in accompanying memo)
$150k for public health expenditures related to the pandemic, including partial
funding for new part-time public health nurse (FY23-24)
$150k for resident beach access at the Sea Camps Bay property (design,
permitting, construction, and operations)
$250k for site remediation at the Sea Camps based on Phase II report findings
$125k for Long Pond boat ramp
$25k for Crosby Property Revolving Fund revenue loss
$25k for partial funding of new seasonal Natural Resource positions (FY23-24)
These proposed expenditures totaled $1M.
Last summer, the Board approved $5k for supplemental audit services needed to
comply with reporting requirements due to the Town’s receipt of more than $750k in
federal funding in FY22. They also approved $10k for Building & Health Department
personnel expenses related to the launch of our new electronic permitting platform.
Last fall, the Board approved up to $30k in ARPA funding for additional consulting
services related to the Wing Island project and a proportionate decrease in funds
allocated for site remediation on the Sea Camps property.
As part of the FY24 Town operating budget presentation, we highlighted plans to
partner with Eastham in sharing an economic development position who would assist
with Sea Camps planning/outreach and other priority initiatives. We projected using up
to $35k in ARPA funds for this purpose. While the details of this partnership have not
yet been finalized, we remain interested in exploring the possibility of adding staff
capacity in these areas.
Office of:
Select Board
Town Administrator
At this point, we are proposing an updated spending plan that also accounts for the
$496k in ARPA funds that will be allocated to Brewster from Barnstable County. Based
on amendments to County procedures approved last fall, these funds can be expended
for any lawful public purpose, consistent with the US Treasury’s Final Rule.
In summary, we recommend the following updated expenditure plan (see attached for
details):
$273k for one-time premium pay for eligible public sector employees
$75k for public health expenditures related to the pandemic
$275k for resident beach access at the Sea Camps Bay property
$400k for site remediation at the Sea Camps, including testing, design, project
oversight, and reporting
$300k for Long Pond boat ramp
$35k for Crosby Property Revolving Fund revenue loss
$25k for partial funding of new seasonal Natural Resource positions
$5k for FY22 single audit
$1500 for Building & Health Dept OT
$10k for Wing Island consulting services
$35k for supplemental Sea Camps planning support
These proposed expenditures total $1.5+M, leaving approximately $84k in ARPA funds
not yet accounted for. The Long Pond boat ramp project is under contract and is
expected to begin in September. The Sea Camps remediation work will go out to bid
this summer and is also expected to be done this fall. Once those two projects are
complete, we will provide an update to the Board on our plan for the remaining balance
of available funds. We have until December 2024 to allocate these funds.
ARPA Reconcilation:
as of 05.23
Premium Pay Public Health First Light Beach Access CCSC Site Remediation Long Pond Boat Ramp Crosby Revenue Loss DNR Positions Single Audit Building & Health OT Wing Island Sea Camps Planning Totals
Budget Expenses 275,000.00 150,000.00 150,000.00 250,000.00 125,000.00 25,000.00 25,000.00 5,000.00 10,000.00 30,000.00 -1,045,000.00
Budget Adjustments (1,505.50)(75,000.00)125,000.00 150,000.00 175,000.00 9,851.94 --(8,541.67)(20,000.00)35,000.00 389,804.77
Revised Budget 05.23 273,494.50 75,000.00 275,000.00 400,000.00 300,000.00 34,851.94 25,000.00 5,000.00 1,458.33 10,000.00 35,000.00 1,434,804.77
Expenses- Actual to Date 39,128.75 179,836.86 18,358.99 -4,832.29 -5,000.00 ---247,156.89
Wages -Actual to Date 273,494.50 407.64 34,291.81 --30,019.65 --1,458.33 --339,671.93
Remaining Balance -35,463.61 60,871.33 381,641.01 300,000.00 -25,000.00 --10,000.00 35,000.00 847,975.95
*$300k in prior year Free Cash appropriations
Revenues
Direct ARPA 1,023,135.12$
County ARPA 495,633.11$
Total ARPA 1,518,768.23$
Net Remaining ARPA 83,963.46$
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Proposed American Rescue Act Funds Spending Plan
DATE: April 20, 2022
Following up on our earlier discussions regarding expenditure of Brewster’s American
Rescue Plan Act funds, we are proposing the following spending plan for the $1.023M
directly allocated to the Town in 2021:
$275k for one-time premium pay for eligible public sector front-line employees
(see details in accompanying memo)
$150k for public health expenditures related to the pandemic, including partial
funding for new part-time public health nurse (FY23-24)
$150k for resident beach access at the Sea Camps Bay property (design,
permitting, construction, and operations)
$250k for site remediation at the Sea Camps based on Phase II report findings
$125k for Long Pond boat ramp
$25k for Crosby Property Revolving Fund revenue loss
$25k for partial funding of new seasonal Natural Resource positions (FY23-24)
These proposed expenditures total $1M. We will revisit the $20+k remaining balance
as these projects near completion. As a reminder, the US Treasury Final Rule issued in
January 2022 greatly expanded the allowable use of these funds to offset revenue
losses up to $10M for “any service traditionally provided by government”.
In addition, Barnstable County received $41.3M in ARPA funds. On a per capita basis,
Brewster’s share of those funds is $1.9M. Following their outreach campaign this
winter, the County appears poised to convey $10M to the Towns in the near future. We
expect to receive approximately $450k from this initial County disbursement. We are
proposing to allocate all of those funds for Phase I Drummer Boy Park improvements,
currently estimated to cost $750k. This work is being coordinated with the planned
Wing Island elevated boardwalk project and these funds will provide critical financial
support to help move this phase of the project forward on schedule in 2023. There is
no timetable for decisions regarding future allocation of the remaining balance. If
Brewster were to be awarded any supplemental funds through the County, we will
provide additional recommendations at that time.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: COVID Premium Pay for Town Employees
DATE: April 20, 2022
For Brewster’s $1+M allocation of ARPA funds, we are proposing an appropriation up to
$275,000 for premium pay for essential Town workers, consistent with US Treasury
guidance. In recognition of their service to the community and the inherent risk that
such work imposed on certain Town employees, we are proposing one-time premium
pay on a tiered basis intended to reflect their potential COVID exposure in the
workplace as follows:
$3,000 for Fire/EMS personnel
$2,500 for Police Officers
$2,000 for Health Department, Inspectional Services (Building Department), and
Fire Administrative personnel
$1,750 for Police Administrative personnel and Dispatchers
$1,500 for Department of Public Works, Water Department, and Facilities
personnel
$1,000 for Administrative (including Town Hall), Recreation, Council on Aging,
Library, Natural Resources, & Golf personnel
Payments will be pro-rated for employees based on the extent to which they worked in-
person and their facilities were open to the public at least 50% of each month from
April 2020 through May 2021 - the 14 months during which the Commonwealth of
Massachusetts was fully operating under a state of emergency. A number of other MA
municipalities have adopted a similar methodology in allocating ARPA premium pay to
Town employees.
This amount also includes separate, one-time funding for several Department Heads
whose workload and responsibilities during the pandemic were greatly expanded and
whose contributions to the organization during this period were above and beyond all
expectations. It is important to note that Brewster school staff received one-time
payments from the district in 2021 in recognition of their service during the pandemic.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Update to American Rescue Act Funds Spending Plan
DATE: July 8, 2022
The Select Board approved our proposed ARPA spending plan in April accounting for
$1M of our $1.023M allocation. We are proposing to use the remaining balance of
these funds as follows:
$5k for FY21 single audit as required for all communities that spend more than
$750k in federal funds in any given fiscal year (unbudgeted for FY22 since we
did not anticipate CARES, ARPA, etc)
$10k for Building & Health Dept overtime expenses related to launch of
electronic permitting this summer (Select Board FY22-23 Strategic Plan Goal LE-
1)
The Town received our 2nd (and final) tranche of $511k from the US Treasury earlier
this week. At the end of FY23 Q1, we will provide an update on actual expenditures for
all ARPA funded projects and will adjust our plan going forward accordingly.
We still plan to seek County approvals to use our initial $495k ARPA allocation from
Barnstable County to help cover one-time expenses associated with Phase I
implementation of the Drummer Boy Park Master Plan project. We are working with
our engineering team to develop preliminary design plans for both the Wing Island
boardwalk and stormwater, parking, and pedestrian access improvements at Drummer
Boy identified in the Master Plan update that was approved by Town Meeting last fall.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Proposed Allocation of ARPA Funds for Supplemental Services Related to
Wing Island Boardwalk Project
DATE: October 14, 2022
Following the Board’s feedback at your September 26, 2022 meeting, Horsley Witten
has developed a revised scope of work to complete the supplemental tasks outlined by
the Board relative to next steps on the proposed Wing Island Boardwalk project – see
enclosed for details. As discussed, this additional work will include further consideration
of potential ecological impacts on the island relative to their carrying capacity analysis
as well as development of visual renderings of the boardwalk as currently conceived
(Concepts 1 & 2). The estimated cost of this work is $15k.
In parallel with this work, we are seeking to partner with another organization, such as
The Trustees of Reservations or The Nature Conservancy, to help review and update
the Town’s existing ecological assessment and management plan for the island within
the context of potential impacts of the proposed access improvements – the enclosed
documents were developed 10+ years ago. We don’t yet have a cost estimate for this
work but expect it will be less than $15k. At this time, we are seeking Board approval
of allocating up to $30k of Town ARPA funds for this collective work.
If approved, we would proportionately decrease our allocation of these funds for site
remediation on the former Sea Camps bay property to $220k. We will have a better
handle on those estimated project costs once we complete additional soil analysis this
fall.
Office of:
Select Board
Town Administrator
Select Board Meeting 5.22.23 1
For Your Information (FYIs)
1.Cape Cod Commission Housing Survey
2.Ocean Sanctuaries Act Prohibition of Pilgrim Wastewater Discharge into Cape
Cod Bay
3.Health and Human Services Reports
a.Lower Cape Outreach Fuel Grant
b.Nauset Youth Alliance
4.Vision Planning Committee Recommendation- Fran Schofield
5.PRIM Board Quarterly Updated- First quarter 2023
6.Memorial Day Flyer
100% Recycled Paper
482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
Andrew Gottlieb
Executive Director
BOARD OF DIRECTORS
Eliza McClennen
President
Steven Koppel
Vice President
Bob Ciolek
Treasurer
Jack Looney
Clerk
John Cumbler
Margo Fenn
Joshua Goldberg
DeeDee Holt
Thomas Huettner
Pat Hughes
Elysse Magnotto-Cleary
Blue Magruder
Stephen Mealy
Wendy Northcross
Kris Ramsay
Robert Summersgill
Charles Sumner
Taryn Wilson
April 27, 2023
RE: Ocean Sanctuaries Act Prohibition of Pilgrim Wastewater Discharge into
Cape Cod Bay
Dear Local Leader:
The Association to Preserve Cape Cod recently presented a detailed legal analysis to
the administration of Governor Maura Healey explaining that the proposed
discharge of wastewater from the Pilgrim Nuclear Power Station into Cape Cod Bay
by Holtec International is illegal under the Massachusetts Ocean Sanctuaries Act
(OSA) and, based on state law, the Commonwealth must deny Holtec’s proposal. To
provide further incentive for the Healey administration to act swiftly on this matter,
I am writing to respectfully request that your town submit its own letter in support
of APCC’s position.
APCC’s letter, drafted by our legal representatives at Sugarman, Rogers, Barshak &
Cohen, P.C., requested that the Office of Coastal Zone Management (CZM), which is
charged with oversight of the OSA, officially notify Holtec that it is prohibited under
the act to discharge radioactive waste or any other pollutants from Pilgrim into Cape
Cod Bay. APCC further requested CZM to advise the Massachusetts Department of
Environmental Protection that issuance to Holtec of any state permit, authorization,
or approval for a discharge would be inconsistent with the OSA.
The OSA explicitly prohibits the discharge of pollutants into a designated Ocean
Sanctuary, except for a specific exemption that allows for “the operation and
maintenance of existing municipal, commercial or industrial facilities and discharges
where such discharges or facilities have been approved and licensed by appropriate
federal and state agencies.” It is the position of APCC and our legal representatives
that Holtec’s proposed discharge cannot be considered an “existing discharge” as
defined by the statute because it was not preexisting when the Cape Cod Bay Ocean
Sanctuary was created in 1971. The water currently proposed to be discharged is
related to the decommissioning process that is presently occurring, and which began
after Pilgrim ceased its operations. Consequently, the proposed new discharge
cannot be considered “operation and maintenance” of an active power generation
facility and therefore must be viewed as a new industrial discharge. According to the
100% Recycled Paper
482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
OSA, a new discharge cannot be authorized by any state agency, regardless of any independent
policies of the federal Nuclear Regulatory Commission. The only legal option available to the
Commonwealth is to deny the discharge permit application that Holtec is pursuing.
APCC requests that your town submit a letter to Energy and Environmental Affairs Secretary
Rebecca Tepper and Office of Coastal Zone Management Director Lisa Berry Engler that calls
on CZM and the Executive Office of Energy and Environmental Affairs to stop Holtec’s
proposed wastewater discharge into Cape Cod Bay through the authority those state agencies
possess under the Ocean Sanctuaries Act.
For your convenience, copied below is a sample letter for reference. If you have any questions
or would like to discuss this request further, please do not hesitate to email me at
agottlieb@apcc.org or call me at 617-797-3302.
Thank you very much for your consideration of this important issue for your community and for
Cape Cod.
Sincerely,
Andrew Gottlieb
Executive Director
(Sample Letter Below)
100% Recycled Paper
482 Main Street | Dennis, MA 02638
Tel: 508-619-3185 | info@apcc.org | www.apcc.org
Sample Letter
Rebecca Tepper, Secretary
Executive Office of Energy and
Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
rebecca.tepper@state.ma.us
Lisa Berry Engler, Director
Office of Coastal Zone Management
100 Cambridge Street, Suite 900
Boston, MA 02114
lisa.engler@state.ma.us
RE: The Ocean Sanctuaries Act’s Prohibition of a Planned New Industrial Discharge of Radioactive Waste from the
Decommissioned Pilgrim Nuclear Power Station into Cape Cod Bay Ocean Sanctuary
Dear Secretary Tepper and Director Engler:
The (town body) voted on (date) to go on record in support of the Association to Preserve Cape Cod’s legal analysis that the
Commonwealth’s Ocean Sanctuaries Act (OSA) prohibits Holtec International’s planned new discharge of decommissioning
process wastewater from the Pilgrim Nuclear Power Station into Cape Cod Bay.
The OSA expressly prohibits any new industrial discharges into protected ocean sanctuaries, with certain narrow exceptions
that do not apply to Holtec’s proposed discharge of water from Pilgrim associated with the decommissioning activities that
are occurring after the power station ceased operations.
We respectfully ask that CZM move expeditiously in informing Holtec that the OSA prohibits the planned discharge of
radioactive waste from Pilgrim Nuclear Power Station into Cape Cod Bay. We also request that CZM advise the Massachusetts
Department of Environmental Protection that the issuance of any state permit, authorization, or approval of any kind for such
a discharge would be inconsistent with the OSA, and that Holtec’s proposed discharge is not eligible for a new or modified
Massachusetts Surface Water Discharge Permit, or for a new or modified state Water Quality Certification.
Thank you for your consideration of this request.
Sincerely,
(Name of Town Body)
cc: Governor Maura Healey
Bonnie Heiple, Commissioner, Department of Environmental Protection
Attorney General Andrea Joy Campbell
State Senator Julian Cyr
State Senator Susan Moran
State Representative Sarah Peake
State Representative Christopher Flanagan
State Representative Kip Diggs
State Representative David Vieira
State Representative Dylan Fernandes
State Representative Steven Xiarhos
LISA C.GOODHEART
GOODHEART@SUGARMANROGERS.COM
C.DYLAN SANDERS
SANDERS@SUGARMANROGERS.COM
ALESSANDRA W.WINGERTER
WINGERTER@SUGARMANROGERS.COM
February 14, 2023
Rebecca Tepper, Secretary
Executive Office of Energy and
Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
rebecca.tepper@state.ma.us
Lisa Berry Engler, Director
Office of Coastal Zone Management
100 Cambridge Street, Suite 900
Boston, MA 02114
lisa.engler@state.ma.us
Re: The Ocean Sanctuaries Act’s Prohibition of a Planned New Industrial Discharge of
Radioactive Waste From the Decommissioned Pilgrim Nuclear Power
Station Into the Cape Cod Bay Ocean Sanctuary
Dear Secretary Tepper and Director Engler:
On behalf of the Association to Preserve Cape Cod (“APCC”), we write to request that the Office of
Coastal Zone Management (“CZM”) in particular, and the Executive Office of Energy and Environmental
Affairs (“EEA”) in general, exercise the full authority entrusted to your offices under the Commonwealth’s
Ocean Sanctuaries Act, G.L. c. 132A, §§ 12A-18 (“OSA”), to stop the proposed discharge of an estimated
1.1 million gallons of radioactive waste from the decommissioned Pilgrim Nuclear Power Station (“PNPS”)
into the Cape Cod Bay Ocean Sanctuary. The OSA entrusts ocean sanctuaries to CZM’s “care, oversight,
and control.” G.L. c. 132A, § 14.
We have three specific requests, as follows:
1.We ask that CZM issue a letter informing Holtec Pilgrim, LLC and Holtec
Decommissioning International, LLC (collectively, “Holtec”), as the owner and operator
of PNPS, that the OSA prohibits the planned discharge of radioactive waste from PNPS’s
decommissioning activities into Cape Cod Bay.
2.We ask that CZM advise the Massachusetts Department of Environmental Protection
(“MassDEP”) that its issuance of any state permit, authorization, or approval of any kind
for such a discharge would not be consistent with the OSA. In particular, we ask CZM to
notify MassDEP that Holtec’s proposed discharge is not eligible for a new or modified
Massachusetts Surface Water Discharge Permit, or for a new or modified state Water
Quality Certification, which Holtec has announced it will seek in the near future.
3.We ask for an opportunity, at your earliest convenience and before mid-March in any
event, to meet with you, and any others whom you may wish to include, to discuss the
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 2
various state actions that may be appropriate to ensure that Holtec will not discharge its
facility decommissioning process waste into a protected ocean sanctuary.
As discussed in further detail below, Holtec has announced its intention to discharge spent fuel pool
water and other radioactive waste into Cape Cod Bay as part of the expedited decommissioning,
dismantlement, and demolition of PNPS. This would not be an “existing discharge” authorized as of 1971,
when the Cape Cod Bay Ocean Sanctuary was created. Nor would this be a discharge associated with the
“operation and maintenance” of the coolant system or any other activity, use or facility associated the
generation, transmission, and distribution of electricity from an active power generation facility. To the
contrary, the radioactive water in question has been generated during decommissioning activities, after
PNPS ceased all power-generation operations as of June 1, 2019. A discharge to the Cape Cod Bay Ocean
Sanctuary from the decommissioned PNPS would be a new industrial discharge, which cannot be authorized
by any agency of the Commonwealth consistent with the OSA.
The OSA expressly prohibits any new industrial discharges into protected ocean sanctuaries, with
certain narrow exceptions, none of which are applicable to Holtec’s proposed discharge from PNPS of water
associated with decommissioning activities. Moreover, the discharge of PNPS’s radioactive waste into Cape
Cod Bay is entirely unnecessary. Holtec acknowledges that it has other options to dispose of the radioactive
waste that do not violate the OSA, and these options do not involve conducting a decades-long experiment
with the unique environment of Cape Cod Bay, the ultimate outcome of which will only be learned long
after Holtec has left. To be sure, these other options may involve their own risks and benefits, and additional
expense; but that is what Holtec voluntarily assumed when it chose to acquire PNPS – not to operate for the
purpose of producing electrical power – but solely for the purpose of profiting from decommissioning the
plant.
Cape Cod Bay is a precious resource. Critical natural resources include shellfish beds, commercial
and recreational fisheries, wildlife that includes rare, threatened, and endangered species, including the
North Atlantic Right Whale, sea turtles, and Atlantic Sturgeon, and miles of coastal habitat including coastal
beaches, bays, estuaries and salt marshes. Four state-recognized Areas of Critical Environmental Concern
are on or within Cape Code Bay. Holtec acknowledges that it cannot treat the discharge so as to fully remove
all radionuclides from the water, even if it meets standards required by Nuclear Regulatory Commission
guidelines.
The critical point is this: to conclude that Holtec’s proposed discharge is prohibited, CZM is not
required to find that it would harm, or pose a risk of harm, to human health or the environment, or
that it would significantly alter the environment of Cape Cod Bay. The judgment that new industrial
discharges pose unacceptable risks was already made by the Legislature, in establishing the Cape Cod
Bay Ocean Sanctuary and broadly prohibiting any new discharge of industrial waste (subject to a few
narrow exceptions that do not apply here). No additional findings by CZM are needed or warranted; CZM
need only ensure that the existing legislative prohibition is respected.
As an ocean sanctuary vital to the ecological and economic health of the Commonwealth, the
Legislature has determined that Cape Cod Bay deserves an extraordinarily high level of public protection.
CZM is the agency the Legislature has charged with providing that protection without a requirement that the
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 3
agency first find that a risk of harm is present. While we know CZM has a deep knowledge of the OSA and
its legislative history, we think it’s helpful to recap the essential legal context, to fully appreciate the
Legislature’s intention.
1.The History Of The Ocean Sanctuaries Act
1970: As a response to the threat of oil and gas exploitation, Massachusetts’ first ocean sanctuary,
the Cape Cod Ocean Sanctuary, was created in 1970 and signed into law as an emergency measure to “protect
the unique scenic and natural resources of the outer Cape by preventing careless exploitation of the seabed.”
See Chapter 542 of the Acts of 1970. This act also established an initial list of prohibited activities in an
ocean sanctuary. These included –
the building of any structure on the seabed or under the subsoil; the removal
of any sand, gravel or other minerals, except as hereinafter provided; drilling
for subsoil minerals, gases or oils; commercial advertising; or the dumping
of any commercial or industrial wastes
(Emphasis supplied.) It also provided for allowed activities – for example the laying of cables, sand and
gravel extraction for beach restoration purposes, and fish and shellfish harvest – provided these activities
had the necessary agency approvals. The Legislature initially placed this first ocean sanctuary under the
“care and control” of the Department of Natural Resources, and empowered the Attorney General to “take
such action as may be necessary from time to time to enforce the provisions of this [Act].”
1971: In 1971, the Legislature created two more ocean sanctuaries: Cape Cod Bay and Cape and
Islands. See Chapter 742 of the Acts of 1971.
The 1971 Act prohibited “the dumping of any commercial or industrial wastes” in the Cape Cod Bay
Ocean Sanctuary, with exceptions for “such quantities of industrial liquid coolant wastes to be dumped by
the division of water pollution control on September the thirtieth, nineteen hundred and seventy-one, in
connection with the public and private supply of electrical power.” Id.
1972: In 1972, the Legislature created the North Shore Ocean Sanctuary. See Chapter 130 of the
Acts of 1972.
1976: In 1976, the Legislature created the South Essex Ocean Sanctuary. See Chapter 369 of the
Acts of 1976. In doing so, the Legislature first used the language similar to that found in today’s OSA for
electrical generating facilities, creating an exception in the South Essex Ocean Sanctuary for the following:
the construction, reconstruction, or operation and maintenance of industrial
liquid coolant discharge and intake systems and other facilities and activities
in conjunction with the public and private supply of electrical power as
allowed and licensed by the division of water pollution control, the
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 4
department of environmental quality engineering or the department of
environmental management
1977: In 1977, the Legislature comprehensively revised the OSA. See Chapter 897 of Acts of 1977.
Among other changes, the 1977 amendments generally protected all ocean sanctuaries from “any
exploitation, development, or activity that would seriously alter or otherwise endanger the ecology or the
appearance of the ocean, seabed, or subsoil thereof, or the Cape Cod National Seashore.”
Whether hitherto, the OSA’s prohibitions and exceptions were codified by individual ocean
sanctuaries, the 1977 acts reorganized the OSA such that going forward prohibitions and exceptions applied
(unless specified otherwise) to all five ocean sanctuaries.
The Legislature continued to categorically prohibit “the dumping or discharge of commercial or
industrial wastes,” except as otherwise provided in the OSA. The 1977 amendments created exceptions
allowing “existing municipal, commercial [and] industrial discharges” into an otherwise protected sanctuary.
Specifically, the 1977 amendments allowed –
the operation and maintenance of existing municipal, commercial or
industrial facilities and existing municipal, commercial or industrial
discharges where such discharges and facilities have been approved and
licensed by appropriate federal and state agencies
(Emphasis supplied.)
The 1977 amendments allowing “existing municipal, commercial or industrial discharges”did not
define a date for what were then “existing discharges.” The 1977 amendments became effective on
December 30, 1977. Thus, the statute as amended can be read as permitting “existing discharges” as of
December 30, 1977, or as permitting only those discharges which existed as of 1971, the original enactment
of the OSA. St.1977, c. 897.
The 1977 amendments also created an exception for discharges associated with the “planning,
construction, reconstruction, operation and maintenance” of facilities associated with the generation of
electrical power. Specifically, the 1977 amendments allowed –
the planning, construction, reconstruction, operation and maintenance of
industrial liquid coolant discharge and intake systems and all other activities,
uses and facilities associated with the generation, transmission, and
distribution of electrical power, provided that all certificates, licenses,
permits and approvals required by law are obtained therefor, and provided,
further, that such activities, uses and facilities shall not be undertaken or
located except in compliance with any applicable general or special statutes,
rules, regulations or orders lawfully promulgated
(Emphasis supplied.)
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 5
The 1977 amendments also created a provision that requires “[a]ll departments, divisions,
commissions, or units of the executive office of environmental affairs and other affected agencies or
departments of the commonwealth” to issue permits consistently with the Act. In doing so, all permit
granting authorities were required to consult with the department of environmental management to ensure
compliance.
1989: In 1989, the Legislature again amended the act, and officially named it the “Massachusetts
Ocean Sanctuaries Act.” See Chapter 728 of the Acts of 1989. It added a definitions section to the statute,
establishing an “existing discharge” as one which is –
a municipal, commercial or industrial discharge at the volume and locations
authorized by the appropriate federal and state agencies on July fifteenth,
nineteen hundred and seventy, in the case of the Cape Cod Ocean Sanctuary;
on December eighth, nineteen hundred and seventy-one, in the case of
the Cape Cod Bay and Cape and Islands Ocean Sanctuary; on June
twenty-seventh nineteen hundred and seventy-two in the case of the North
Shore Ocean Sanctuary; and on December thirtieth, nineteen hundred and
seventy-six, in the case of the South Essex Ocean Sanctuary
(Emphasis supplied.)
2008: The 2008 amendments require the state to create an ocean management plan. Chapter 114 of
the Acts of 2008.
2014: The OSA’s most recent amendment in 2014, modified the OSA to allow for new or modified
municipal waste discharges from a publicly owned treatment works without a variance, after specific
requirements have been met and impact studies have been conducted. Chapter 259 of the Acts of 2014,
§§ 28-45.
2.The OSA’s Near-Categorical Ban of New Industrial Discharges Into an Ocean
Sanctuary
Today, the OSA severely restricts all municipal, commercial, and industrial discharges into an Ocean
Sanctuary. The presumption is that no discharges are permitted, and all are prohibited unless expressly
authorized. G.L. c. 132A, § 15 provides that, except as otherwise provided in the OSA, the act prohibits “the
dumping or discharge of commercial, municipal, domestic or industrial wastes.”
The only exceptions to this categorical ban of discharges into an ocean sanctuary are the following
three activities:
An existing municipal, commercial or industrial discharge at the volume and
locations authorized by the appropriate deferral and state agencies on December
eight, nineteen hundred and seventy-one, in the case of the Cape Cod Bay;
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 6
discharges from municipal wastewater treatment facilities if the discharge is
approved under § 16G of the OSA; and
industrial liquid coolant discharge “associated with the generation, transmission,
and distribution of electrical power.”
Because these are exceptions to the general prohibition of discharging of industrial wastes, they must be
narrowly and strictly construed. See Boston Globe Media Partners, LLC v. Department of Public Health,
482 Mass. 427, 432 (2019) (“statutory exemptions” from the statute “must be strictly and narrowly
construed”); Hull Mun. Lighting Plant v. Massachusetts Mun. Wholesale Elec. Co., 414 Mass. 609, 614
(1993) (“[s]tatutory exemptions are strictly construed”).
3.The OSA Prohibits Any New Industrial Discharge From the Now-Defunct PNPS
Under the plain terms of the OSA, Holtec is prohibited from discharging pollutants from the spent
fuel rods or other pollutants associated with PNPS decommissioning activities into the Cape Cod Bay Ocean
Sanctuary. G.L. c. 132A, § 15(4) states, in no uncertain terms, that except as otherwise permitted in the OSA
“the dumping or discharge of commercial, municipal, domestic or industrial wastes” “shall be prohibited in
an ocean sanctuary.” Holtec’s proposed discharge into the Cape Cod Bay Ocean Sanctuary does not qualify
for any of the narrow exceptions to this categorical presumption against the discharge of industrial pollutants
to an ocean sanctuary, as explained below.
a.The Proposed Discharge of Waste Generated by Holtec’s Decommissioning
Activities at PNPS was Not an Existing Discharge as of December 8, 1971
Holtec’s discharge cannot be considered an “existing discharge” as defined by the statute. This
exception allows for “the operation and maintenance of existing municipal, commercial or industrial
facilities and discharges where such discharges or facilities have been approved and licensed by appropriate
federal and state agencies.” G.L. c. 132A, § 16. The Legislature defined “existing discharge” in the 1989
amendments to mean, in relevant part:
a municipal, commercial or industrial discharge at the volume and locations
authorized by the appropriate federal and state agencies…on December
eighth, nineteen hundred and seventy-one, in the case of the Cape Cod Bay
and Cape and Islands Ocean Sanctuary
G.L. c. 132A, § 12B. See also 301 CMR 27.02.
b.The Proposed Discharge of Waste Generated by Holtec’s Post-Operation
Activities at a Defunct Power Plant Is Not a Discharge “Associated With the
Generation, Transmission, or Distribution of Electrical Power”
Discharges of coolant and other pollutants related to PNPS’s activities when it was generating
electrical power may have been authorized under the OSA’s exception for discharges associated with the
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 7
“generation, transmission, and distribution” of electrical power. As EPA, MassDEP, and Holtec have all
acknowledged, the proposed discharge related to PNPS’s decommissioning, however, is a new and different
kind of discharge, which is not associated with the “generation, transmission, and distribution” of electrical
power. As such, it is prohibited by the OSA.
The exception in G.L. c. 132A, § 16 for electrical power facilities states as follows:
Nothing in this act is intended to prohibit…the planning, construction,
reconstruction, operation and maintenance of industrial liquid coolant
discharge and intake systems and all other activities, uses and facilities
associated with the generation, transmission, and distribution of electrical
power, provided that all certificates, licenses, permits and approvals required
by law are obtained therefor, and provided, further, that such activities, uses
and facilities shall not be undertaken or located except in compliance with
any applicable general or special statutes, rules, regulations or orders lawfully
promulgated
(Emphasis supplied.)
This exception is noteworthy in the specificity of its requirements. It covers only liquid coolant and
other discharges connected with the “planning, construction, reconstruction, operation and maintenance
of…uses and facilities associated with the generation, transmission, and distribution” of electrical power.
Thus, to fit within this exception, a discharge must satisfy two prongs. First, the discharge must be associated
with the “planning, construction, reconstruction, operation and maintenance” of a discharging facility.
Second, the discharge must be from a facility associated with the “generation, transmission, and distribution”
of electricity.
Holtec’s proposed discharge from the decommissioned PNPS satisfies neither of these requirements.
It is not a discharge connected with “planning, construction, reconstruction, operation and maintenance” of
a facility for electrical power generation. Rather, it is associated with decommissioning of such a facility.
The Legislature included “planning,” “construction,” “reconstruction,” and “maintenance” as activities
qualifying for the exception, and it notably did not include “decommissioning,” or any term that can fairly
be construed to encompass decommissioning. The statute must be interpreted and applied in accordance
with its plain terms. See Water Dep’t of Fairhaven v. Department of Env’t Prot., 455 Mass. 740, 744 (2010)
(“the language of the statute” is “the principal source of insight into legislative intent”); Provencal v.
Commonwealth Health Ins. Connector Auth., 456 Mass. 506, 513 (2010) (“the primary source of insight into
the intent of the Legislature is the language of the statute”).
Holtec’s proposed discharge from the decommissioned PNPS is also prohibited because it is not
associated with the generation, transmission, or distribution of electrical power. The exception’s reference
to the active production of power – “generation, transmission, and distribution of electrical power” –
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 8
confirms the required link to the production or output of electricity and getting that electricity to people.
That essential link is missing here.
The current NPDES permit for PNPS reflects the reissuance of an earlier NPDES permit to discharge
various wastewaters and stormwater to Cape Cod Bay and to withdraw water from Cape Cod Bay for cooling
uses, during PNPS’s active operation. The discharges authorized under this NPDES permit may be
considered part of the “maintenance” of PNPS. EPA and the Commonwealth re-issued the NPDES permit
at a time when it was known that PNPS was to shut down, but the specifics of the decommissioning process
were unknown. See NPDES Permit No. MA0003557, Part IV.5.1, Response to Comments. (“Neither
Entergy nor Holtec…provided sufficient information by which to characterize decommissioning-related
discharges.”).
The NPDES permit expressly declares that the discharges of pollutants in spent pool water are
unauthorized. Id. at “Unauthorized Discharges,” Part I.B.2. Discharges of pollutants in stormwater
associated with construction activity, “including activities…associated with the dismantlement and
demolition of plant systems, structures and buildings” are likewise unauthorized. Id.,Part I.B.3. And for the
avoidance of doubt, discharges of pollutants associated with dewatering, and “including but not limited to
physical alterations or additions resulting in the discharge of pollutants associated with the dismantlement
and decontamination of plant systems and structures and/or the demolition of buildings” are unauthorized.
Id.,Part I.B.4.1
EPA has made clear that coverage for decommissioning discharges requires either a new NPDES
permit or a modification of PNPS’s existing NPDES permit. See June 17, 2022 EPA Letter to Holtec
(informing Holtec that its current NPDES permit does not authorize PNPS’s decommissioning discharge);2
see also December 5, 2022 Letter to Holtec from EPA (same). With some apparent reluctance, Holtec has
now conceded this point. See December 19, 2022 Holtec Letter to EPA (“Holtec determined that it would
pursue a modification to the existing NPDES permit to appropriately address such discharges [associated
with decommissioning activities]”).
Of course, there are sound policy reasons for treating discharges associated with power-generating
activities differently from discharges from decommissioned facilities that are no longer operating to power
the grid. The Legislature clearly made the determination that electricity from planned and/or active power
generation, distribution and transmission facilities is important to the economic health of the Commonwealth
1 See also id. at Part IV.5.1, Response to Comments (“We clarify, therefore, that the Final Permit does not authorize the discharge
of pollutants associated with the spent fuel pool water. Similarly, the Final Permit does not authorize the discharge of pollutants
associated with other activities related to the decommissioning at PNPS, including, but not limited to, contaminated site
dewatering, pipeline and tank dewatering, collection structure dewatering, dredge-related dewatering, or dismantlement and
decontamination of plant systems and structures.”).
2 This letter suggests that EPA, too, considers decommissioning to be a different activity than operation and maintenance. See
page 2 of the June 17, 2022 Letter (“‘[P]ast discharge practices’ occurred under a different NPDES Permit, specifically a Permit
issued in 1990 when the facility was operational and generating electricity, not when it was being decommissioned.”).
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 9
and the well-being of its residents. Those interests are not present, or certainly not as compelling, with a
facility that has been permanently taken out of service.
In sum, because it does not fall under the OSA’s three exceptions, any decommissioning process
discharge that Holtec may wish to make is prohibited by the OSA. As the Energy Facilities Siting Board has
noted, the language of the OSA is “not ambiguous.” In Re Cape Wind Assocs., LLC, No. EFSB 02-2, 2005
WL 1264241 (May 10, 2005). Under the plain terms of the statute, discharges into Cape Cod Bay associated
with a nuclear power plant’s decommissioning and shutdown are not allowed.
4.CZM Should Inform Holtec That its Planned Radioactive Discharge From PNPS is
Prohibited Under the OSA
Because the OSA clearly forbids Holtec’s planned discharge of an estimated 1.1 million gallons of
radioactive decommissioning process waste, CZM should inform Holtec in writing that it is not permitted
to make such a discharge into the Cape Cod Bay Ocean Sanctuary, as a matter of state law.
Holtec is responsible for deciding how it will manage radioactive material in its liquid effluent, and
it has other options, including some used at other decommissioned facilities, including: (1) shipment for
off-site disposal; (2) evaporation of the liquid and disposal of the resulting solid waste; or (3) safe storage at
the PNPS facilities. To be sure, these other options come with potential risks as well as potential relative
benefits. But these other options do not involve discharge into an ocean sanctuary. Holtec well understood,
when it voluntarily purchased PNPS for the sole purpose of profiting from the decommissioning of the
facility, that it would be obligated to accomplish that decommissioning in accordance with all applicable
state laws, including the OSA. Holtec has always known, or should have known, that it would need to dispose
of its decommissioning process waste by some means other than dumping it into Cape Cod Bay.
5.EEA and CZM Should Ensure That No State Agencies Permit or Otherwise Authorize
the Discharge Into Cape Cod Bay
Section 14 of the OSA provides that, “[a]ll ocean sanctuaries…shall be under the care, oversight,
and control” of CZM. Section 12C provides that, “[CZM] shall integrate its implementation, administration
and enforcement of the [OSA] with other programs and agencies responsible for the protection of the public
health, safety, welfare and the environment.”
And Section 18 requires that “[a]ll departments, divisions, commissions, [and] units of [EEA] and
other affected agencies or departments of the commonwealth shall issue permits or licenses for
activities…consistently with the act, and shall not permit or conduct any activity which is contrary to the
provisions of the Act.” Section 18 further directs “other departments, divisions, commissions, units, or other
agencies” to “confer and consult” with CZM to “ensure compliance” with the OSA.
By virtue of these provisions, the Legislature has made CZM the trustee for the ocean sanctuaries,
and given CZM the tools to protect them. It is incumbent on CZM, and all permitting agencies, to make
certain that no state permits or licenses authorize activities prohibited under the OSA. See G.L. c. 132A,
§ 18. Accordingly, CZM should not only make clear to Holtec that the OSA forbids its proposed new
Secretary Rebecca Tepper
Director Lisa Berry Engler
February 14, 2023
Page 10
discharge, but also notify all pertinent state agencies that they should not issue any kind of permit, approval,
or authorization for such a discharge. In particular, but without limitation, we ask CZM, backed by EEA, to
advise MassDEP that Holtec is not eligible for a new or modified state Surface Water Discharge Permit
under the Massachusetts Clean Waters Act, G.L. c. 21, §§ 26-53 and 314 CMR 3.00, for its proposed new
discharge of decommissioning process waste from PNPS into Cape Cod Bay, which Holtec has announced
it will seek in the near future, together with a modified NPDES permit. Likewise, we ask CZM, backed by
EEA, to advise MassDEP that Holtec is not eligible for a state Water Quality Certification under G.L. c. 21,
§ 27 and 314 CMR 3.07.
6.Conclusion
Sanctuaries are places of refuge, where flora, fauna, and their ecosystems are supposed to be
protected from threats. The Ocean Sanctuaries Act provides strong protections – such as an outright
prohibition on most discharges – and CZM is entrusted with the authority and responsibility for ensuring
that those protections are honored and respected by all state agencies. If Holtec’s proposed new radioactive
discharge into the Cape Cod Bay Ocean Sanctuary is allowed by state agencies, the Bay will become a
sanctuary in name only. We ask CZM to exercise the power the Legislature has given to the agency, to the
fullest extent possible, to keep the Cape Cod Bay Ocean Sanctuary from becoming a hollow designation.
We urge you to confirm to Holtec that the Ocean Sanctuaries Act prohibits Holtec’s planned new
discharge of decommissioning process waste from PNPS into Cape Cod Bay. We also encourage you to
provide clear guidance and specific advice to MassDEP and other agencies on this same point. Thank you
for your thoughtful consideration of these requests, and for the anticipated opportunity to meet with you to
discuss these matters and such further actions as may be appropriate to protect Cape Cod Bay Ocean
Sanctuary. We look forward to hearing from you.
Sincerely,
/s/ Lisa C. Goodheart
Lisa C. Goodheart
/s/ Dylan Sanders
Dylan Sanders
/s/ Alessandra Wingerter
Alessandra Wingerter
cc: The Honorable Maura Healey,Governor of the Commonwealth of Massachusetts
Gary Moran, Acting Commissioner, Department of Environmental Protection
The Honorable Andrea Joy Campbell, Attorney General for the Commonwealth of Massachusetts
Seth Schofield, Senior Appellate Counsel, Energy & Env’t Bureau, Office of the Attorney General
4854-9744-9297, v. 1
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Dennisport 12/5/2022 12:00 AM eft 164225 46.11 Gasoline
Brewster 12/6/2022 12:00 AM eft 164288 30 Gasoline
Brewster 1/4/2023 12:00 AM eft 164275 40 Gasoline
Brewster 3/20/2023 12:00 AM eft 16638 50 Gasoline
Brewster 3/23/2023 12:00 AM 166640 50 Gasoline
Brewster 4/10/2023 12:00 AM eft167679 50 Gasoline
Brewster 4/12/2023 12:00 AM eft 167680 50 Gasoline
Brewster 4/3/2023 12:00 AM 167681 50 Gasoline
Brewster 4/5/2023 12:00 AM eft 167685 50 Gasoline
Brewster 1/12/2023 12:00 AM eft 165209 35.02 Gasoline
Brewster 1/17/2023 12:00 AM eft 165210 42.35 Gasoline
Brewster 3/1/2023 12:00 AM eft 166151 35 Gasoline
Brewster 3/6/2023 12:00 AM eft166152 50 Gasoline
Brewster 5/10/2023 12:00 AM cc 168848 738.22 Heating - Electric
Brewster 2/17/2023 12:00 AM 16523 176.6 Heating - Electric
Brewster 3/3/2023 12:00 AM 16565/16567 1000 Heating - Electric
Brewster 3/7/2023 12:00 AM 291.59 Heating - Electric
Brewster 2/24/2023 12:00 AM 370.07 Heating - Electric
Brewster 3/31/2023 12:00 AM 16657 300 Heating - Natural Gas
Brewster 1/24/2023 12:00 AM 16431 419.55 Heating - Natural Gas
Brewster 1/24/2023 12:00 AM 16430 345.07 Heating - Natural Gas
Brewster 2/27/2023 12:00 AM 16546 187.35 Heating - Natural Gas
Brewster 4/28/2023 12:00 AM eft 168794 307 Heating - Oil
Brewster 2/13/2023 12:00 AM EFT 165584 460 Heating - Oil
Brewster 2/14/2023 12:00 AM eft 165603 447.41 Heating - Oil
Brewster 12/6/2022 12:00 AM eft 162531 463 Heating - Oil
Brewster 1/3/2023 12:00 AM EFT 475 Heating - Oil
Brewster 1/10/2023 12:00 AM eft 164235 455 Heating - Oil
Brewster 1/12/2023 12:00 AM EFT 164370 460 Heating - Oil
Brewster 1/13/2023 12:00 AM EFT 164384 391 Heating - Oil
Brewster 3/16/2023 12:00 AM eft 166261 422 Heating - Oil
Brewster 1/20/2023 12:00 AM EFT 164640 460 Heating - Oil
Brewster 2/2/2023 12:00 AM eft 165265 462 Heating - Oil
Brewster 3/13/2023 12:00 AM eft 166204 422 Heating - Oil
Brewster 3/9/2023 12:00 AM eft 166113 432 Heating - Oil
Brewster 3/9/2023 12:00 AM eft 166117 432 Heating - Oil
Brewster 2/24/2023 12:00 AM CC Snows 430 Heating - Oil
Brewster 3/2/2023 12:00 AM 16559 800 Heating - Other
Brewster 5/8/2023 12:00 AM 16769 1000 Utility - Electric
Brewster 5/3/2023 12:00 AM 16757 250 Utility - Electric
Brewster 2/7/2023 12:00 AM 16489 1000 Utility - Electric
Brewster 12/28/2022 12:00 AM 16320/reissued 16380326Utility - Electric
Brewster 12/30/2022 12:00 AM cc 16382 261.9 Utility - Electric
Brewster 1/3/2023 12:00 AM 16338 200.52 Utility - Electric
Brewster 1/12/2023 12:00 AM 16388 125.46 Utility - Electric
Brewster 1/12/2023 12:00 AM 16384 295 Utility - Electric
Brewster 1/17/2023 12:00 AM 16398 577 Utility - Electric
Brewster 3/17/2023 12:00 AM 16606 600 Utility - Electric
Brewster 4/4/2023 12:00 AM 16668 1000 Utility - Electric
Brewster 1/29/2023 12:00 AM 16448 500 Utility - Electric
Brewster 3/14/2023 12:00 AM 16585 86.67 Utility - Electric
Brewster 3/9/2023 12:00 AM 16580 568 Utility - Electric
Brewster 4/21/2023 12:00 AM 16718 500 Utility - Gas
19265.89
Service Entries 57
Households 43
Individuals 113
FINAL Select Bd Appt Policy; version Oct. 28
Appendix C
SELECT BOARD COMMITTEE APPLICATION SCREENING FORM
Applicant Name Requested Committee
1. TOWN CLERK REVIEW
a. Applicant is a registered Brewster voter: Yes No
b. Date confirmed
2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD
a. Select Board Liaison Applicant Interview:
i. Interviewer name (Select Board Liaison):
ii. Interview date:
b. Select Board Liaison Consultation with Committee Chair:
iii. Committee Chair name:
iv. Consultation date:
v. Did Committee Chair also interview applicant? Yes No
c. Was at least 1 Brewster reference contacted: Yes No N/A
d. Select Board Liaison Recommendation:
i. Recommend appointment.
ii. Recommend appointment to other committee that is a better fit for
applicant qualifications.
iii. Recommend holding application for future opening.
iv. Not recommended.
3. SELECT BOARD ACTION
a. At a Select Board meeting held , the Applicant was appointed to
for a term ending year term.
4. NOTIFICATION OF APPOINTEE AND TOWN CLERK
a. Date notification of appointment sent to appointee and Town Clerk:
Frances (Fran) I. Schofield
x
23
x
Vision Planning Committee
Mount Holyoke College, B.A., 1975
Harvard University Graduate School of Design, Landscape Arch. Program
x
Realtor
Realtor, Berkshire Hathaway HomesServices/Robert Paul Properties
Brewster Vision Planning Committee
No
No
Katie Miller Jacobus
, Brewster
non profit colleague and friend
Andi Genser
Former Brewster Vision Planning Comm.,colleague and
friend
Regional planning, historic preservation, landscape architecture, coastal zone management,
marketing, communications, project management,
VP, Cape Cod Climate Change Collaborative - 2016 to 2023
Director, Cape Cod Chamber Board of Directors, 2016 - 2017; Pleasant Bay Community Boating,
Board Member 2016 - 2019
I would like to resume participation in this important committee,
assist with communications and public outreach, and help secure approval of local
comprehensive plan.
I was previously a member of the Brewster Vision Planning Committee but resigned
soon after the death of my husband Paul Berry.
April 19, 2023
FRANCES I. SCHOFIELD
Brewster, MA 02631
ran Schofield is a resident of Brewster, Massachusetts where she has lived since 2000, raising sons Ben and Ross with
her (late) husband Paul Berry. She is a native of Quincy and grew up in Braintree, MA. She received her B.A. from
Mount Holyoke College, and later entered the Harvard University Graduate School of Design master’s program in
Landscape Architecture. Fran has had a life-long interest and professional involvement in the realms of communications,
environmentalism, urban planning, architecture, landscape architecture and political and environmental activism.
Working in state government, Fran served as regional coordinator for the Massachusetts Office of Coastal Zone Management
in the Executive Office of Environmental Affairs where she helped implement state policy along Massachusetts’ coastal South
Shore. Under the aegis of the Massachusetts Executive Office of Communities and Development, Fran later served as
Assistant Director of the National Trust for Historic Preservation’s “Main Street Program” where she implemented a national
program to assist Massachusetts communities grappling with moribund downtowns.
In the private sector, Fran has served in project management, marketing and communications roles for real estate
development and land planning firms. As a development project manager at Dickinson Development Corporation in Quincy,
she was instrumental in developing New England’s first Home Depot store and a Shaw’s Supermarket. both on repurposed
sites in North Quincy. She later served as a marketing coordinator and project manager for Daylor Consulting Group, a
national engineering and land planning firm based in Braintree, where she coordinated multi-disciplinary planning and
permitting teams for large-scale urban development and planning projects.
As an independent consultant, Fran has provided marketing, communications and real estate project management services
for a variety of clients, large and small. She researched and prepared a 400-page report on Americans with Disabilities Act
compliance for The Boston Company and prepared numerous proposals and business communications for architecture, real
estate and other firms.
Since relocating to Cape Cod, Fran provided independent research, analysis and communications work for clients including
the Cape Cod Five Cents Savings Bank, Stop & Shop, and Polhemus Savery DaSilva Architects Builders. Since 2008, Fran
has been employed as a full-time Realtor, first with Gibson Sotheby’s International Realty (formerly Old Cape Sotheby’s
International Realty) and, since 2013, with Robert Paul Properties. An award-winning Realtor, she has marketed and
negotiated the sale of millions of dollars of residential and commercial real estate projects throughout Cape Cod.
Since 2004, Fran has been active in fundraising for local, state, and national candidates for political office and has hosted
events for former Senator Dan Wolf, Senator Julian Cyr, then-Attorney General Maura Healey, Representative Bill Keating,
Senator Ed Markey and former Governor Deval Patrick. In 2016, she co-founded and led the nonprofit Cape Cod Climate
Change Collaborative. She is active with regional and national political groups and is a leader in event planning and
communications for local activist groups.
Education
•Mount Holyoke College, B.A.
•Cornell University, Planning for Historic Preservation Program
•Harvard University Graduate School of Design, Masters Program in Landscape Architecture
Awards
•2023 Commonwealth Heroine Award (upcoming, June 23, 2023)
•Cape & Islands Democratic Council “Democrat of the Year” Award, 2019
•2018 and 2015 TOP Agent, Robert Paul Properties
•2016 Voted Among America's Best Real Estate Agents by Real Trends
•2013/2014 Top 2 Producing Agents at Robert Paul Properties
Memberships & Community Involvement
•Co-Founder, Vice President, Board Member, and Chair of Communications Committee and Net Zero Planning Team,
Cape Cod Climate Change Collaborative (2016-2023)
•Member, Brewster Vision Planning Committee (2021-2023)
•Director, Cape Cod Chamber of Commerce Board of Directors (2015-2018)
•Member, Wastewater Task Force, Cape Cod Chamber of Commerce Board of Directors (2015-2022)
•Member, Board of Directors, Pleasant Bay Community Boating (2015-2018)
•Chair, Marketing & Communications Team, Pleasant Bay Community Boating (2015-2018)
•Member, Center for Coastal Studies, Association to Preserve Cape Cod, Cape & Islands Democratic Council
•Member, National Association of Realtors
•Member, Massachusetts Association of Realtors
•Member, Cape & Islands Association of Realtors
F
1
Erika Mawn
From:Kari Hoffmann
Sent:Saturday, May 13, 2023 12:30 PM
To:Erika Mawn
Subject:Fw: Fran Schofield Resume and Referral
Attachments:FRAN SCHOFIELD BIO & RESUME 2023.pdf
for your files...
Kari S. Hoffmann
Brewster Select Board
Town of Brewster
2198 Main Street
Brewster, MA 02631
From: Kari Hoffmann
Sent: Thursday, May 11, 2023 4:43 PM
To: Kari Hoffmann
Cc: Sharon Tennstedt
Subject: Fwd: Fran Schofield Resume and Referral
Kari Hoffmann
Begin forwarded message:
From:
Date: May 11, 2023 at 3:17:35 PM EDT
To: "Kari Hoffmann
Subject: Fran Schofield Resume and Referral
Hi Kari,
Post our phone conversation, I asked Hal Minis if he would serve as a reference for me. He responded,
"I’d be glad to serve as a reference for you, particularly since you would bring past knowledge of how
the plan was put together."
As requested, I'm attaching my resume, which I've just updated to include an upcoming 2023
Commonwealth Heroine Award -- a statewide honor bestowed upon women who've made
"extraordinary contributions" to their communities. Very pleased to be receiving that and have an
occasion to dress up!
Let me know if you have any questions or need additional information.
Best,
Fran
2
--
NOTICE: This e-mail confirms that Robert Paul Properties (“RPP”) acts solely as a Licensed Real Estate
Broker. Neither RPP nor any of its agents or employees has authority to legally bind any other party in
any real estate transaction. Neither this e-mail nor any other electronic transmission sent by RPP or any
of its agents or employees shall constitute consent to concluding binding transactions via electronic
means or create a binding commitment until and unless a sufficient writing is signed by the party or
parties to be bound.
NAV $ (000)Target Allocation RangeActual Allocation % Month FY '23 Calendar YTD 1 Year 3 Year 5 Year 10 YearSince InceptionGLOBAL EQUITY36,812,649 32 - 42%38.8%1.3512.198.822.9313.146.968.236.48 CORE FIXED INCOME13,136,861 12 - 18%13.8%0.31-1.174.60-4.10-4.411.632.356.50VALUE ADDED FIXED INCOME *6,847,737 5 - 11%7.2%0.816.003.801.657.564.484.227.39 PRIVATE EQUITY *16,344,364 13 - 19%17.2%-0.12-5.530.69-7.6324.0921.7320.5615.77REAL ESTATE *10,310,173 7 - 13%10.9%0.45-1.85-0.95-0.8412.559.699.947.04TIMBERLAND *2,951,388 1 - 7%3.1%0.024.130.477.747.995.236.048.07PORTFOLIO COMPLETION STRATEGIES *7,997,571 7 - 13%8.4%0.311.991.65-0.356.022.793.684.11OVERLAY560,245 0.0%0.6%1.4612.0410.103.859.416.2610.99TOTAL CORE94,997,692 100%100%0.683.794.45-0.7110.347.508.109.220.66 3.76 3.96 -0.11 9.53 7.19 7.49 9.54TOTAL CORE BENCHMARK (using private equity) 20.88 7.02 4.78 3.57 8.50 6.39 6.77 9.32PARTICIPANTS CASH 18,975 0.403.081.553.231.151.541.033.45TEACHERS' AND EMPLOYEES' CASH38,302 0.393.021.523.171.131.521.022.34 TOTAL FUND95,054,968 0.683.794.44-0.7010.317.488.089.26* Certain Value-Added Fixed Income investments, Private Equity, certain Real Estate investments, Timberland, and certain Portfolio Completion Strategy investments are valued only at calendar quarter ends (March 31, June 30, September 30, and December 31).PENSION RESERVES INVESTMENT TRUSTSUMMARY OF PLAN PERFORMANCERATES OF RETURN (GROSS OF FEES)Periods Ending April 30, 2023*IMPLEMENTATION BENCHMARK (using short term private equity benchmark) 13
mapension.com | 84 State Street, Suite 250, Boston, MA 02109 | (617) 946-8401
PRIM Board Quarterly Update
First Quarter 2023
PRIM Executive Director and Chief Investment Officer Michael G. Trotsky, CFA provided the following
information to the PRIM Board at its May 18, 2023, meeting:
Executive Director and Chief Investment Officer Report
We are pleased to report a positive return for the March 2023 quarter, the second consecutive quarter of
PRIT Fund gains following the three quarter sell-off during calendar year 2022. The PRIT Fund was up
3.6% in the quarter ended March, and that followed a positive 4.1% return in the December 2022 quarter.
We expect market drops and economic cycles to impact the PRIT Fund periodically. Last year, in calendar
2022, stocks were down 15-20% globally while bonds were down approximately 13%. Normally, we would
have expected bonds to offer some protection from a selloff in equities, but last year with rising interest
rates, bonds and stocks were both down substantially. The PRIT Fund fared better than both stock and
bond indices in 2022, it was down 11.2% net of fees. We cannot control market returns because we don’t
control the factors which fueled last year’s difficulties: geopolitical events, slowing economic growth
worldwide, monetary policy response, wars, viruses, supply chain shortages, or the behavior of other
investors. The only thing we can control is the design and composition of the PRIT Fund, and we have
carefully engineered a diversified portfolio with components that will perform well in a variety of market
environments. We are also focused on controlling our costs. Our history of strong performance in both
strong and weak markets is an indication that our portfolio is well constructed in terms of risk, return, and
cost – PRIM’s philosophical three pillars of investment. We believe that no investment decision is
complete without evaluating these three equally important parameters.
Our alterna�ve investments have helped anchor the Fund in the very stormy environment and thankfully
now the markets have provided two consecu�ve quarters of gains. Addi�onally, market downturns create
good buying opportuni�es, and the PRIM team has been very busy evalua�ng opportuni�es and deploying
nearly $6 billion in new investments across all asset classes.
Last August, we observed a peak in bond yields and signs that infla�on had begun to moderate, and more
recently those trends have been reconfirmed. GDP growth declined, but remained posi�ve, corporate
Mass PRIM Quarterly Update – Q1 2023
2
revenue growth and earnings reports were posi�ve and well above expecta�ons. Infla�on, as measured
by the Consumer Price Index, slowed for a nineth consecu�ve period in March to 5%, the lowest since May
of 2021, and down from 6% in February, and the Unemployment Rate fell again to 3.5%, which was beter
than expected. The consensus of investors and economists is s�ll for a mild recession, no change from last
quarter.
The March quarter was somewhat chao�c, it wasn’t a straight line upwards, and vola�lity remains
elevated. In mid-March, Silicon Valley Bank (SVB) and Signature Bank failed. U.S. authori�es took
extraordinary steps to prevent a contagion from developing as Treasury Secretary Yellen instructed the
FDIC to make whole all depositors regardless of size; all depositors had access to their funds immediately.
PRIM’s exposure to SVB, an S&P 500 component, was very low and immaterial, but we are mindful that
SVB played an important role in the financial plumbing of the Private Equity and Venture Capital
ecosystem. We are closely monitoring several ongoing concerns including the possibility that other banks
will develop similar problems. Wall Street analysts say wide-spread contagion is unlikely, but smaller
regional banks that are dispropor�onately �ed to cash-strapped industries like tech and crypto or have
loans to underperforming commercial real estate, may be in for more vola�lity. First Republic Bank failed
during the last week of April, the bank seized and sold to JP Morgan. PRIM’s net exposure to First Republic
and Signature Bank was also very low and immaterial. Markets have repriced in the wake of these failures:
In the equity markets regional banks and REITs were very weak while technology, large cap, and growth
stocks were very strong; interest rates have fallen.
More broadly, the main risks going forward are familiar. The risks are that infla�on spikes again or remains
too high – a�er all, there are geopoli�cal situa�ons that could disrupt the supply chain again - consumer
and business spending along with corporate earnings could weaken more than an�cipated, and
unemployment or wages could spike. Any of these condi�ons could result in an economic slowdown that
turns into a severe recession. There are many moving pieces in the global economy and in the world’s
geopoli�cal situa�on, but we believe the PRIT Fund is well-diversified and carefully engineered, with
components that will perform well in any future environment.
PRIT Fund Performance
For the one-year ended March 31, 2023, the PRIT Fund was down -5.5%, (-5.9% net), underperforming
the total core benchmark of -1.4% by 412 basis points (451 bps net).
• This performance equates to an investment loss of $6.0 billion, net of fees.
• This underperformance equates to $4.6 billion of value below the benchmark return, net of fees.
• Net total outflows to pay benefits for the one-year period ended March 31, 2023, were approximately
$816 million.
Mass PRIM Quarterly Update – Q1 2023
3
The following charts summarize the PRIT Fund performance for the one year ended March 31, 2023.
Total PRIT Fund Returns
Annualized Returns as of March 31, 2023 (Gross of Fees)
Source: BNY Mellon. Total Core Benchmark includes private equity benchmark.
PRIT Asset Class Performance Summary
One Year ended March 31, 2023 (Gross of Fees)
Source: BNY Mellon. Totals may not add due to rounding. *Benchmark is actual performance.
-5.5%
11.7%
7.4%8.2%
-1.4%
9.9%
6.3%6.9%
-4.1%
1.8%1.1%1.4%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
1 Year 3 Year 5 Year 10 YearReturns
Total Fund Return Total Core Benchmark Value Added
7.0%-0.8%-1.6%-1.6%-6.3%-7.8%-9.1%12.9%0.1%2.1%0.4%-7.2%-7.8%-9.1%-5.9%-1.0%-3.7%-2.0%0.9%0.0%0.0%-15.0%
-5.0%
5.0%
15.0%
Timberland Value Added
Fixed Income
Real Estate Portfolio
Completion
Strategies
Global Equity Private Equity*Core Fixed
IncomeReturns
Asset Class Benchmark Value Added
Mass PRIM Quarterly Update – Q1 2023
4
PRIT Fund Annualized Returns By Asset Class
(March 31, 2023 - Gross of Fees)
1 Year 3 Year 5 Year 10 Year
TIMBER
7.0%
PRIVATE EQUITY
24.0%
PRIVATE EQUITY
21.7%
PRIVATE EQUITY
20.6%
VALUE-ADDED FIXED
INCOME
(0.8%)
GLOBAL EQUITY
16.4%
REAL ESTATE
9.8%
REAL ESTATE
10.2%
REAL ESTATE
(1.6%)
REAL ESTATE
12.9%
GLOBAL EQUITY
6.8%
GLOBAL EQUITY
8.4%
PCS
(1.6%)
TIMBER
8.2%
TIMBER
5.3%
TIMBER
6.0%
GLOBAL EQUITY
(6.3%)
VALUE-ADDED FIXED
INCOME
7.8%
VALUE-ADDED FIXED
INCOME
4.2%
VALUE-ADDED FIXED
INCOME
4.3%
PRIVATE EQUITY
(7.8%)
PCS
5.7%
PCS
2.8%
PCS
3.8%
CORE FIXED
INCOME
(9.1%)
CORE FIXED INCOME
(3.8%)
CORE FIXED INCOME
1.4%
CORE FIXED INCOME
2.4%
Source: BNY Mellon. Returns as of March 31, 2023
Organizational Updates
PRIM Board
Governor Healy recently appointed Catherine D’Amato to the PRIM Board. Catherine is a deeply
experienced Chief Executive Officer. As President and CEO of the Greater Boston Food Bank, New
England's largest hunger relief organization, and Founder of the Hunger to Health Collaboratory,
Catherine leads a team of 150 employees and thousands of volunteers. Her work provides food to six
hundred distribution organizations, who in turn provide 100 million meals annually to those in need.
Catherine has considerable board governance experience serving in a variety of roles as an elected officer,
board chair, vice-chair, committee chair, and general director. Her current or completed board roles
include Fidelity Charitable, Eastern Bancshares, Forsyth Institute, Federal Reserve Bank of Boston, The
Boston Foundation, the Human Rights Campaign, and others. Catherine is a well-known, highly respected
public figure, a sought-after public speaker, and has received many local, state, and national leadership
awards and honorary degrees. She received her bachelor’s degree from the University of San Francisco
and completed both a Strategies in Non-Profit Management Certificate from Harvard University and a
Certificate of Management from Smith College. We welcome Catherine to the PRIM Board and look
forward to her contributions.
Robert Brousseau and Paul Shanley, Esq. were both recently re-elected to a new three-year term on the
PRIM Board, representing the Massachusetts Teachers’ Retirement System and the State Employees’
Retirement System, respectively. We congratulate them on their victories and thank them for their many
years of dedicated service.
Mass PRIM Quarterly Update – Q1 2023
5
Karen Gershman has resigned her seat on the Administration and Audit Committee. Karen served on the
Administration and Audit Committee for more than ten years and prior to that served as PRIM’s COO and
CFO for approximately 10 years (2001 – 2011). Karen possessed a unique combination of institutional
knowledge and industry experience that will be greatly missed. We thank Karen for her many
contributions to PRIM over the more than 20 years of service and wish her the best in her retirement.
New Hires
Veena Ramani joined PRIM in late April as Director of Stewardship, which is a new position within the
organization. Veena will head PRIM’s ESG and Stewardship efforts and support the newly formed ESG
Committee. She joins PRIM from FCLTGlobal, a nonprofit whose mission is to focus on the long term to
support a sustainable and prosperous economy. As Director of Research at FCLTGlobal, Veena oversaw
the Research Team, working with members who include asset owners, asset managers, and corporations
to develop actionable research to drive long-term value creation for investors. Prior to FCLTGlobal, Veena
spent 15 years at Ceres, a leading sustainability nonprofit, holding several different roles including running
campaigns to engage financial regulators on the systemic risk of climate change, developing an online
training curriculum for corporate board members on ESG in partnership with the Berkeley School of Law,
and engaging with large corporations on their sustainability and climate change strategies and disclosures.
She holds a BA with honors degree from the National Law School of India University and a Master of Law
degree from Washington University School of Law.
John Fitzpatrick joined the team in March as a Legal and Governance Analyst. John comes to PRIM from
Laredo & Smith, a Boston law firm, where he was an Associate Attorney. John has his Bachelor of Arts
degree in Philosophy and Economics from Saint Joseph’s University in Philadelphia and his Juris Doctor
from Boston College Law School.
Ethan Spencer joined PRIM in February as a Senior Investment Officer in Portfolio Completion Strategies.
Ethan was Managing Partner at Eastern Point Capital, a global emerging and frontier market investment
platform. Prior to that, Ethan had extensive experience working at the Boston University Endowment,
Cambridge Associates, and Credit Suisse First Boston. He holds a BA degree from Colby College and an
MBA degree from the Johnson School at Cornell University.
Riya Shah joined the team in February as an Investment Compliance Analyst. This is another new position
at PRIM. Riya will assist with investment manager guideline monitoring, regulatory and state filings, and
operational due diligence. Riya comes to us from State Street where she served as Enterprise Technology
Risk Analyst within the bank’s compliance team. Riya has her Bachelor of Arts degree in Actuarial Science
and Economics from Assumption College.
Andrew Browne joined PRIM in February as an Investment Analyst, on the Private Equity team. Andrew
graduated in December from Northeastern University’s D’Amore-McKim School with a Bachelor of Science
in Business. During his time at Northeastern, Andrew completed a variety of investment management
internships in venture capital, investment advisory, and private wealth investment management. He also
co-founded a school-wide research and consulting group to empower NGOs.
We are very pleased to have recruited this diverse group of outstanding individuals and we look forward
to their contributions. Each of them is off to an outstanding start.
Mass PRIM Quarterly Update – Q1 2023
6
PRIM Board Actions
Committee Membership Recommendation
The PRIM Board appointed Catherine D’Amato to the following PRIM Board committees:
• Investment Committee
• Administration and Audit Committee
• Compensation Committee
Public Markets
Global Equities Benchmark Recommendation
The PRIM Board approved changing the Domestic Equity and Global Equity benchmarks to the MSCI USA
IMI and the MSCI All Country World Index (ACWI) IMI indices, respectively.
These new benchmarks move from a ‘fixed weight’ sub-asset class benchmark to a cap-weighted
benchmark, which is considered best practice and reflects PRIM’s current strategic asset allocation.
Additionally, changing to a cap-weighted from a fixed weighted benchmark reduces trading costs
associated with rebalancing back to fixed weights and employing a single Global Equity benchmark reduce
operational complexity by utilizing a well-known, single benchmark.
Private Equity
Follow-on Investment Recommendation: CVC Capital Partners IX, L.P.
The PRIM Board approved a commitment of up to €250 million to CVC Capital Partners IX, L.P. (“Fund IX”).
PRIM has invested in eight prior CVC Capital Partners (“CVC”) Funds since 1996. CVC is a large, global asset
management firm, and Fund IX will target control-oriented buyout investments in Europe and North
America.
Follow-on Investment Recommendation: PSG VI L.P.
The PRIM Board approved a commitment of up to $150 million to PSG VI L.P. (“Fund VI”). PRIM has
invested in three prior funds managed by PSG Equity since 2018. Fund VI will target private equity
investments in growth-oriented, lower middle market companies in the software and tech-enabled
services industries primarily located in North America.
Follow-on Investment Recommendation: American Industrial Partners Capital Fund VIII, L.P.
The PRIM Board approved a commitment of up to $150 million to American Industrial Partners Capital
Fund VIII, L.P. PRIM has invested in one prior American Industrial Partners fund starting in 2019. American
Industrial Partners is led by three senior investment professionals with an average tenure of 23 years at
the firm. American Industrial Partners targets buyouts of middle-market industrial businesses
headquartered in North America.
Follow-on Investment Recommendation: KPS Special Situations Mid-Cap Fund II, L.P.
The PRIM Board approved a commitment of up to $75 million to KPS Special Situations Mid-Cap Fund II,
L.P. PRIM has invested in four prior KPS funds starting in 2009. KPS Capital Partners has a stable and highly
experienced team and a strong and consistent track record and targets buyouts of industrial and
manufacturing businesses headquartered in North America and Western Europe.
Finance and Administration
Information Technology Consulting and Support Services Request For Proposals (RFP) Recommendation
The PRIM Board voted to retain the incumbent EdgeTech Consulting for information technology
consulting and support services, and RSM US, LLP for additional backup and project work, as needed.
Mass PRIM Quarterly Update – Q1 2023
7
PRIM Board Fiscal Year 2024 Budget
The PRIM Board approved the Fiscal Year 2024 Budget. The budget reflects the investment management,
advisory, and operational costs necessary to implement, measure, and monitor the approximated $95
billion in investments of the Pension Reserves Investment Trust (PRIT) Fund.
The Client Services team will continue to meet with the retirement boards of PRIM’s member retirement
systems throughout the year. To schedule a visit, please contact Francesco at fdaniele@mapension.com,
Laura at lstrickland@mapension.com, Emily at egreen@mapension.com, or call 617-946-8401. We look
forward to seeing you soon.