HomeMy Public PortalAboutSelect Board Meeting Packet 6.05.23Town of Brewster Select Board
2198 Main St., Brewster, MA 02631
townmanager@brewster-ma.gov
(508) 896-3701
SELECT BOARD MEETING AGENDA
2198 Main Street
June 5, 2023 at 5:30 PM
Select Board
David Whitney
Chair
Edward Chatelain
Vice Chair
Kari Hoffmann
Clerk
Mary Chaffee
Cynthia Bingham
Town Manager
Peter Lombardi
Assistant Town
Manager
Donna Kalinick
Project Manager
Conor Kenny
Executive
Assistant
Erika Mawn
This meeting will be conducted in person at the time and location identified above. This means that at least a quorum
of the members of the public body will attend the meeting in person and members of the public are welcome to attend
in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance
with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a
courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the
virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public
with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should
make plans for in -person vs. virtual attendance accordingly.
Members of the public who wish to access the meeting may do so in the following manner:
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224
To request to speak: Press *9 and wait to be recognized.
ZoomWebinar:
Passcode: 509224
To request to speak: Tap Zoom "Raise Hand", then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in
the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast
live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream ( A ,.fi ),
or Video recording (tv.brewster-ma.gov ).
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1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. 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)
6:00 PM - Anticipated Start Time for Open Session
6. Public Announcements and Comment: Members of the public may address the Select Board on matters
not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's discretion. Under the Open Meeting Law,
the Select Board is unable to reply but may add items presented to a future agenda.
7. Select Board Reorganization
8. Select Board Appointments to Bay Property Planning Committee and/or Pond Property
Planning Committee
9. Select Board Announcements and Liaison Reports
10. Town Manager's Report
11. Consent Agenda
a. Meeting Minutes: May 22, 2023
b. Appointment: Fran Schofield (Vision Planning Committee)
c. Facility Use Application and Fee Waiver Request: Cape Cod Regional Technical
High School
d. One Day Liquor License Applications: Brewster Chamber of Commerce and
Chatham Bars Inn Farm
e. Yard Sale Restriction Waiver Request: Trinity Lutheran Church
f. Fee Waiver Request of Building Permit Fees: Garden Club of Brewster
g. Vote to Keep Commercial Razor Clam Fishery Closed for 2023 Season
h. Vote to Amend Historical Commission Charge to Allow One Part-time Resident
Member
i. Sign Notice of Lease for Lot 4, Brewster Industrial Park, also known as 52
Commerce Park Road, Bretten Johnson
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Select Board
David Whitney
Chair
Edward Chatelain
Vice Chair
Kari Hoffmann
Clerk
Mary Chaffee
Cynthia Bingham
Town Manager
Peter Lombardi
Assistant Town
Manager
Donna Kalinick
Project Manager
Conor Kenny
Executive
Assistant
Erika Mawn
12. 6:30pm Public Hearing - Annual Entertainment License Application: JDT Investments
LLC d/b/a The Kitchen Cafe
13. Report of 2023 Beautify Brewster Day - Meg Morris, Recycling Commission and Ryan
Burch, Natural Resources Department
14. Cape Cod Commission 2022 Year in Review Update - Kristy Senatori, Cape Cod
Commission Executive Director
15. Letter of Opposition to Proposed Eversource 2023-2027 Vegetation Management Plan
16. Letter of Opposition to Proposed Discharge of Radioactive Waste from Pilgrim Power
Plant
17. Letter of Opposition to Proposed Joint Base Cape Cod Shooting Range
18. Seeking Residents to Serve as Liaison to Barnstable County Human Rights Advisory
Commission
19. Information from Planning Board Regarding Potential Updates to the Accessory
Dwelling Unit Bylaw
20. Brewster Housing Program & Affordable Housing Trust Update & Vote to Authorize
Chair to Sign Letter of Support for CPC Buy Down Funding Application - Donna
Kalinick & Jill Scalise, Housing Coordinator
21. Discuss and Vote on Intermunicipal Agreement with Truro for Net Metering Credits
22. Discuss and Vote on Select Board Policy Updates (#2 and #45)
23. FYIs
24. Matters Not Reasonably Anticipated by the Chair
25. Questions from the Media
26. Next Meetings: June 26, July 10, July 24, August 7, and August 21, 2023
27. Adjournment
Date Posted:
06/01/2023
Date Revised: Received by Town Clerk:
BREWSTER PONDS COALITION AND TOWN OF BREWSTER CO-HOST
BREWSTER POND SUMMIT 2023
Septic Systems and Ponds in Brewster
What do we know, what is being done, what is planned
The Brewster Ponds Coalition and the Town of Brewster present Brewster Pond Summit 2023
on Friday, June 16th from 9AM to 12 Noon at the Brewster Baptist Church, 1848 Main Street,
Brewster, MA. Brewster Pond Summit 2023 will focus on the significant work being done to
protect our ponds. While all impairment sources will be discussed, the focus will be on septic
systems. The Summit will review what is known about pond impairment and the impact of
septic systems, what needs to be learned, actions taken and in progress, and the outlook for
the future.
The Brewster Pond Summit 2023 will consist of presentations and discussions by Town
officials and experts from the Cape Cod Commission, MASSTC, and the Horsley Witten Group,
LLC, reviewing completed and planned research, proposed updates to Title 5 regulations,
funding sources, and governance of alternative septic systems. There will be time for your
questions and additional discussion for each topic.
“It is well known that impairment to Cape Cod’s freshwater ponds and estuaries comes from
septic systems, fertilizer and stormwater runoff, and that nutrient loading from septic systems
accounts for 80-85% of the problem, " said Susan Bridges, Brewster Ponds Coalition
President. “The BPC is pleased to be working with the Town on several research and
remediation projects to help determine the best solutions for Brewster. Co-hosting the 2023
Pond Summit will give us an opportunity to provide the community with an update of where
we are in this process and our planned next steps.”
“Brewster has long taken a holistic approach in seeking to protect our water resources,” said
Peter Lombardi, Town Manager. “As new technologies and strategies emerge to address
water quality, especially in our freshwater ponds, Brewster continues to lead on these issues
as evidenced by our recent work with the Brewster Ponds Coalition on our Water Resources
Task Force and other regional initiatives. With the state planning on making major changes
to septic and watershed regulations on Cape Cod, the need to work together has never been
more critical. We look forward to sharing out the latest information with residents about our
partnerships and plans for the future.”
The Summit is an open forum. Town and area residents are encouraged to attend and ask
questions; it will also be livestreamed (details to be provided on our website). Admission is
free; register to attend at https://tinyurl.com/BPC-2023-Pond-Summit. Many thanks to the
Leighton Team, a BPC Business Partner, for sponsoring this event.
For more information about this program visit https://brewsterponds.org or the Town of
Brewster website at https://www.brewster-ma.gov.
The Brewster Ponds Coalition mission is to protect and improve the health of Brewster’s
ponds through science, education and advocacy. The Brewster Ponds Coalition is a 501(C) 3
charitable nonprofit organization.
PO Box 275
Dalton, MA 01227
413-445-4556
Fax 413-448-6054
320 Riverside Drive 1-A
Northampton, Ma 01062
413-586-7350
Fax 413-586-7351
EcoBuilding Bargains
83 Warwick Street
Springfield, MA 01104
413-788-6900
Fax 413-788-6909
05/03/23
Dear Jim Jones,
Congratulations, we are pleased to inform you that the Town of Brewster has been approved for a
grant in the amount of $3,541.00 to be used for the purchase of a Universal Waste shed in which to
store mercury items and other universal waste. These funds will be dispersed by The Center for
EcoTechnology (CET) and are made possible through Covanta SEMASS’s MSP program. The MSP or
Material Separation Plan is a MassDEP approved plan submitted by each of the 5 large Mass achusetts
Waste to Energy facilities to assist their contracted communities with resources to help keep mercury
and mercury-containing products out of the waste stream. CET is contracted with Covanta SEMASS to
help deliver the MSP program.
Before funds are released, CET/Covanta will require a W9 and an email acknowledgement that the
Town accepts these funds and that they will be used for the purchase of a Universal Waste shed. By
returning the email acknowledgement, it is understood that CET/Covanta accept no responsibility for
the Universal Waste Shed or its contents. CET will schedule a post-installation site visit to assist with
exterior signage and interior set up including packaging .
We appreciate your commitment to removing mercury products from the waste stream.
Sincerely,
Ashley Muspratt
CET President
YEAR-END FINANCE TRAINING
Tips & Tricks for a Smooth Fiscal Year End
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Sarah Piebes, Lisa Vitale, Donna Kalinick, Nick Cantella, and Mimi Bernardo
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Procurement Overview
South Shore Community Action Council, Inc.
71 Obery Street
Plymouth, MA 02360
FY2023
Welcome to the FY 2023 Low Income Household Water Assistance Program (LIHWAP).
For new vendors, a vendor agreement with related Information Memoranda (IMs) is enclosed.
Please sign and return a copy of the agreement to us. If your agency signed an agreement in FY
2022, your agency does not need to sign a new vendor agreement; please review the IMs
enclosed.
This program year, in addition to the arrearage benefit, all active accounts for eligible LIHWAP
customers will receive a benefit up to $450. No account arrearage is required to receive this
rate -reduction benefit and it is not dependent upon the usage. All payments are made directly
to your agency. No payments are made to the customers.
The LIHWAP vendor portal may be accessed through the following link:
https://vendorportalfront.communitysoftwaregroup.com
If you have a question, contact LIHEAP Director's Denise Tetreault at (508) 747-7575 x6219 or at
datetreault@sscac.org.
Regards,
Denise Tetreault
Director of Energy Programs
SSCAC, Inc.
Low Income Household Water Assistance Program (LIHWAP)
What: The LIHWAP helps eligible households pay water and sewer bills to restore or
maintain access to drinking water and wastewater services and is funded through two
federal appropriations.
It is administered in the Commonwealth by the Department of Housing and
Community Development (DHCD). Local service delivery is provided by 20 local
administrating agencies (LAAs) that also administer the Low Income Home Energy
Assistance Program (LIHEAP).
It is intended to restore service, pay toward arrearages of water and wastewater
services, and assist in the reduction of the cutomers' rates in the federal fiscal year
2023 (October 1, 2022, through September 30, 2023).
Who: This program will serve income eligible customers who are directly billed for their
service(s). Though the program name includes low income, the income guidelines are
broad, serving households who would not generally be considered low income. For
example, a household of four can have an annualized gross income of up to $81,561.
The annualization of a household's income is almost always based on four weeks of a
household's income. Refer to the attached
for an overview of potential benefits and income limits by household size.
How: One application serves as the application for both LIHEAP and LIHWAP programs.
Households can apply. onlin 2 or via appointment.
Where: Applications are taken by 20 local administrating agencies3 (LAAs) that cover the
entirety of Massachusetts.
Vendor Notification and Billing: Initially, each vendor will be required to sign a vendor
agreement and complete a vendor information sheet, returning both to the LAA in
order for their customers to be paid.
Eligible customer information will regularly upload to a vendor -specific online portal
when a direct -billed water and/or wastewater service customer is determined to be
LIHWAP eligible and has provided their vendor information. The vendor will be
notified of the initial upload. The vendor will then need to enter whether the account
is active; if inactive, is it the result of non-payment; whether the account is in arrears;
and, if yes, what is the amount in arrears; and and what are the services provided.
Initially, only those accounts that are marked as in arrears will be paid. Any account
holder/account number/service address mismatch will need to be corrected in order
for a payment to be made.
Once the data is entered by the vendor, the LAA will send payment to the vendor
within 30 days.
1. https:;'r'www.mass.govidoc/lihwap-income-eligibilitv-benefit-chart-1232023/download
2. https://toapply.org/MassLIHEAP
3. https: ; :hedfuel.azurewebsites.net
Fiscal Year 2023
Low Income Household Water Assistance Program (LIHWAP)
Income Eligibility and Benefit Levels
Number of People in a
Household
Up to 125% of Federal
Poverty Level
Maximum of 60% of
Estimated State Median
Income
1
$
16,988
$
42,411
2
$
22,888
$
55,461
3
$
28,788
$
68,511
4
$
34,688
$
81,561
5
$
40,588
$
94,610
6
$
46,488
$
107,660
7
$
52,388
$
110,107
8
$
58,288
$
112,554
9
$
64,188
$
115,001
10
$
70,088
$
117,448
11
$
75,988
$
119,895
12
$
81,888
$
122,342
13
$
87,788
$
124,788
14
$
93,688
$
127,235
15
$
99,588
$
129,682
16
$
105,488
$
132,129
17
$
111,388
$
134,576
LIHWAP Arrearage Benefit
$1,500
$1,450
LIHWAP Rate -Reduction
Benefit
$450
$450
High Water Arrearage
Supplement
$50 per service. $100
combined
$50 per service. $100
combined
High Water Arrearage Supplement (HIWAS) Thresholds
Water - $654
Sewer - $1,061
Combined Water & Sewer - $1,715
Note: Contact DHCD to determine eligibility for a household of 18 and above.
Sources (Income Level):
"Annual Update of the HHS Poverty Guidelines, Federal Register 86 No. 19 (1 Feb 2021): 7732-7734 and "State Median Income
Estimates", USHHS, OCS, DEA, LIHEAP-IM-2021-03
The Benefit Amount awarded to eligible households is based on several household factors reflected on this chart.
Those include the number of people in a household, their gross income, the energy source, and the housing situation
The High Water-Arrearage Supplement is an additional benefit provided only to qualifying, eligible LIHWAP households whose current
water arrearage the above listed HIWAS thresholds.
January 23, 2023
APR 3 2023
Grantee: Commonwealth of Massachusetts Federal Fiscal Year 2022 LIHWAP Vendor Contract.
SOUTH SHORE COMMUNITY ACTION COUNCIL, INC.
71 OBERY STREET
PLYMOUTH, MA 02360
CONTRACT FOR SERVICES 1 C
BETWEEN THE SOUTH SHORE COMMUNITY ACTION COUNCIL, INC.
AND
JToLuv c- -By eLL)4C /'))
This Vendor Contract ("Vendor Contract") is a contract signed between the South Shore Community Action
, Council, Inc. (the "Agency"), and L� t -t 1>-(- ew 4e( fV'i (the "Vendor") a private
or public entity in the business of supplying water and/or wastewater related services to customers, for the
provision of payments for water and/or wastewater services to assist low-income households with water and
wastewater reconnection and ongoing services. This Vendor Contract shall govern the purchase of such water
services by the Agency from the Vendor on behalf of households eligible for the Low Income Household Water
Assistance Program ("LIHWAP" or the "Program"),
In consideration of the mutual promises hereafter stated, the Agency and the Vendor agree as follows.
1. COMPLIANCE WITH LAWS:
The Vendor and Agency acknowledge that this Vendor Contract and the services provided by the Vendor are
governed by and subject to the federal and state laws and regulations and the federal Office of Community
Services (OCS) supplemental terms and conditions:
https://www.acf.hhs.gov/sites/default/files/documents/LIHWAP%20Terms%20and%20Cond itions%20for%2OSta
tes.pdf, The Vendor and Agency shall comply with all relevant state and federal laws and regulations in its
implementation of the LIHWAP, follow all supplemental terms and conditions as set forth by OCS, the
Massachusetts LIHWAP State Plan and any amendments thereto, the DHCD "LIHWAP Administrative Guidance
for Program Operators," and any other written guidance that may be issued by OCS or DHCD. The Agency shall
provide notice of any changes or amendments to policies or guidelines for the LIHWAP. Such notice may be
distributed by email to the Vendor's identified contact in Section 4 of this Vendor Contract. The Vendor's
obligations hereunder are subject to any overriding policy or directive of the MA Department of Public Utilities
(DPU) or OCS.
As set by Term 11 in the OCS LIHWAP supplemental terms and conditions, federal LIHWAP funds shall be used as
part of an overall emergency effort to prevent, prepare for, and respond to the COVID-19 pandemic, with the
public health focus of ensuring that low-income households have access to drinking water and wastewater
services. The funds will be used to cover and/or reduce arrearages, rates and fees associated with reconnection
or prevention of disconnection of services, and rate reduction to eligible households for such services.
2. TERM OF AGREEMENT:
Unless amended, this Vendor Contract shall be in effect from the date the completed, signed, and dated
contract is received by the Agency and will remain in effect until October 31, 2022. The Vendor Contract shall
not bind, nor purport to bind, the Agency for any commitment in excess of the original term of the contract.
Required Attachments: LIHWAP Vendor information Sheet
Page f 1
Grantee: Commonwealth of Massachusetts Federal Fiscal Year 2022 LIHWAP Vendor Contract
3. AMENDMENTS:
Any and all amendments to this Vendor Contract shall be in writing and agreed upon by all parties and shall
require the prior written approval of DHCD. No written amendment will extend the term of the Vendor Contract
beyond the dates stated in Article 2.
4. VENDOR CONTACT PERSONS:
The Vendor shall notify the Agency within 7 business days if the name of the company, ownership of the
company, contact person, contact/billing information, services to be provided, or service coverage area changes.
The Vendor shall provide at least one designated contact person at the level of supervisor or higher who shall be
available to the Agency by telephone and electronic mail for purposes of responding to all reasonable inquiries
from the Agency regarding the requirements of, and performance pursuant to, this Vendor Contract, including
but not limited to bills, payments, and services. The designated person(s) shall be authorized to make payment
agreements, stop terminations, and order the restoration of terminated service.
The Vendor's designated contact persons for handling LIHWAP questions and resolving LIHWAP Issues:
Contact Names: Janice Coriiss/ Energy Specialist (508)747-7575 x6256 E-mail: jecorliss@sscac.org
Dorothy Gurney/Floor Supervisor (508)747-7575 x6236 E-mail: daeurney@sscac.or.g
5. DISCRIMINATION:
With reference to each of its LIHWAP customers determined by the Agency as being eligible under LIHWAP
(Eligible Customer), the Vendor shall not discriminate against its LIHWAP customers, with respect to terms,
deferred payment plans, credit, conditions of sale, or discounts offered to other customers. Further, the Vendor
shall not discriminate against any household because of race, religion, color, sex, national origin, age, disability,
political beliefs, sexual orientation, gender identity, or any other basis prohibited by federal or state law relating
to discrimination.
6. CONFLICT OF INTEREST:
The Agency reserves the right to evaluate whether there is a conflict of interest that will preclude the Vendor
from providing LIHWAP services to a designated locatity(s). ("Conflict of interest" is defined as a situation that
has the potential to undermine the impartiality of a person in an official position because of the possibility of a
clash between the person's self-interest and professional interest or public interest.) In the event that there Is a
conflict of interest, the parties shall contact DHCD for more guidance.
7. LIHWAP HOUSEHOLD ELIGIBILITY DETERMINATIONS:
Those households currently eligible to potentially receive a LIHWAP payment should be uploaded by the Agency
to the LIHWAP portal weekly, or as may be otherwise required by the DHCD "LIHWAP Administrative Guidance
for Program Operators."
Required Attachments: LIHWAP Vendor Information Sheet
p.•ohibited. Page 1 2
1
Grantee: Commonwealth of Massachusetts Federal Fiscal Year 2022 LIHWAP Vendor Contract
B. PAYMENTS:
The Vendor shall, with reference to each of its LIHWAP customers determined by the Agency as being eligible
under the Program:
A. Invoice the LIHWAP customer in accordance with the Vendor's established billing practice;
B. The Vendor shall input the data requested within the program portal by the 15th of the month or the last
day of the month. Refer to section 9 of this agreement if there are multiple water/sewer vendors servicing
a household. The Vendor shall submit final billing by June 15th of the Program Year and return all
unexpended funds to the Agency upon termination of this Agreement or by no later than October 31,
2022;
C. Charge the LIHWAP customer after application of payments received for the LIHWAP customer's
account from the Agency not more than the outstanding balance;
D. The Agency shall send payment of the invoice to the Vendor within 30 days of receipt, unless the Agency
has not received sufficient funds from DHCD to make the payment, in which event payment shall be sent
when the Agency receives sufficient funds from DHCD. The Agency may request additional
documentation and/or clarification of charges as needed. No payment may be made without all required
documentation/clarification of charges. In the event of a disputable invoice, the Agency reserves the right
to withhold payment until the matter is resolved;
E. Immediately upon commitment of payment from the Agency on behalf of a LIHWAP household, the
Vendor shall restore water and/or wastewater services or continue water and/or wastewater services to
the eligible and approved residential household. The Vendor shall maintain said services for at least one
billing cycle upon payment or commitment, whichever is first;
F. Charge all LIHWAP eligible households the same price charged for home drinking water and/or
wastewater services billed to non -eligible households, as determined by the approved rate setting
process;
G. Not apply LIHWAP payments to account balances that have previously been written off or paid with
other funds, or paid with other third -party funds;
H. Not apply LIHWAP payments to commercial accounts. LIHWAP payments should only be applied to
residential accounts;
I. When possible, clearly enter, on LIHWAP households' bill, the amount of LIHWAP payment(s) received in
a manner which identifies the payment as received from the LIHWAP;
J. Provide a statement to LIHWAP households clearly indicating the cost of home drinking water and/or
wastewater services provided;
K. Continually maintain accurate records of any LIHWAP credit balances and annually reconcile accounts;
L. In the event there Is a balance of LIHWAP funds remaining on an account AND the account becomes
inactive, AND the Vendor is unable to locate the LIHWAP household, the balance of the funds is to be
returned, by check, to the Agency in compliance with LIHWAP Vendor Refund Policies, no later than 45
days following the end of the program year;
M. After one year, any credit balances must be refunded to the Agency, in compliance with LIHWAP Vendor
Refund Policies, no later than 45 days following the end of the program year;
N. The Vendor is required to regularly review payment records for accuracy of LIHWAP payments. In the
event a payment is made in error, the Vendor shall immediately contact Agency; and
O. Not exchange the household's credit authorization for cash or give any cash equivalent for excess credit.
Required Attachments: LIHWAP Vendor Information Sheet
Page j 3
C
Grantee: Commonwealth of Massachusetts Federal Fiscal Year 2022 LIHWAP Vendor Contract
9. SECOND VENDOR:
A. In the event that there is a second Vendor, that Vendor would have to post their information by the next
posting end date or the first Vendor may receive the full benefit, pursuant to the DHCD "LIHWAP
Administrative Guidance for Program Operators." The posting dates are the 15th and the last day of the
month. If the first Vendor posts before the 15th, the second Vendor must post their information by the
end of the month to ensure they are paid. Or, if the first Vendor posts before the end of the month, the
second Vendor must post their information by the 15th of the next month to ensure they are paid.
8. Up to the full benefit may be paid to a Vendor if that Vendor provides both water and wastewater
services and the service is terminated or in arrears.
C. If water service is provided by one Vendor and wastewater service is provided by another, and only one
of the two services is in arrears, a payment up to the full benefit may be made to the Vendor who the
household has an arrearage with.
D. If water service is provided by one Vendor and wastewater service is provided by another, and both
services are in arrears and each arrearage exceeds half the benefit, half the benefit is paid to each
vendor. However, if the arrearage of one bill is less than half the benefit and the other arrearage
exceeds half the benefit, then the benefit left after paying the arrearage that does not exceed half the
benefit will be paid toward the arrearage that exceeds half the benefit.
10. VENDOR PORTAL AND ELECTRONIC NOTIFICATIONS:
Unless waived for good cause by the Agency as approved by DHCD, the Vendor agrees to participate in the DHCD
authorized, statewide automated electronic notification, and billing and payment processing format and the DHCD
authorized electronic Vendor portal.
11. CONFIDENTIALITY:
Pursuant to M.G.L. c. 66A, M.G.L. c. 93H, M.G.L. c.931, 201 CMR 17.00, and applicable state and federal laws, as
holders of personal data the Vendor and the Agency agree to keep confidential and to safeguard the protection
of any Information and data obtained as to LIHWAP households, wherever obtained, and including data
inadvertently provided during and following the term of this Vendor Contract. The Vendor is required to take all
necessary steps to ensure the confidentiality and security of the personal information of LIHWAP households,
with special attention to restricting access to, use of, and copying and disbursement of said personal
information. The Vendor and Agency agree to not release any private LIHWAP data to any third party without
written authorization from the subject of the data, or as required by federal or state law.
The Vendor shall not disclose to any individual or entity the LIHWAP household's participation in the program or
personal data, except as authorized in writing by the LIHWAP household or the Agency for authorized LIHWAP
purposes.
The Vendor will only use the personal information received from the Agency relating to LIHWAP households for
the purposes of compliance with this Vendor Contract, and shall have no rights in or to the information other
than the limited, revocable, and non -transferable right to use such information solely as required for the Vendor
to meet its obligations under this Vendor Contract. The Vendor shall immediately notify the Agency of any
breach or suspected breach in the security of such information and will cooperate with the Agency and DHCD
Required Attachments: LIHWAP Vendor Information Sheet
Page 14
Grantee: Commonwealth of Massachusetts Federal Fiscal Year 2022 LIHWAP Vendor Contract
and will provide access to any information necessary to respond thereto. The Vendor shall allow the Agency to
participate in the investigation of incidents.
12. CORRECTIVE ACTION:
If violations of this Vendor Contract are discovered, the Vendor shall take corrective action, as required by the
Agency, and in the timeframe specified by the Agency. Corrective action may include, but is not limited to,
providing detailed documentation of changes made and detailed plans for future changes that will bring the
Vendor into compliance. The Vendor understands that failure to implement corrective actions may result in the
immediate disqualification from participation in the LIHWAP.
13. TERMINATION OF AGREEMENT:
Either the Agency or the Vendor may terminate this Vendor Contract with or without cause and without cost by
giving the other party at least 60 calendar days written notice. Termination by either party shall not discharge
any obligation owed by either party on behalf of the household that has been awarded the benefit. In the event
that the Agency determines that the Vendor is not in compliance with the terms of this Vendor Contract, this
contract will terminate effective immediately and the Agency shall immediately cease making any further
payments under LIHWAP to the Vendor. The Vendor will be notified in writing within 15 calendar days of the
termination.
14. DATA COLLECTION AND REPORTING:
The Vendor agrees to provide, at no cost to the Agency or the LIHWAP household, the data requested below by
or on behalf of the Agency, as set forth in the supplemental terms and conditions:
https://www.acf.hhs.gov/sites/default/files/documents/L€HWAP%20Terms%20and%20Conditions%20for%205ta
tes.pdf. The data must be provided within a timeframe specified by the Agency and in the format requested by
the Agency, for verification, research, evaluation, analysis, and reporting. The household's signed LIHWAP
application authorizes the Vendor to release this information to the Agency.
The Vendor shall provide the following information:
1. The type of water service used by a LIHWAP household, i.e., drinking water, wastewater etc.; and
2. Confirmation of whether a LIHWAP household account is active, and if so, is it for non-payment; if the
account is in arrears and, If so, what is the arrearage; whether a dollar usage threshold tied to the type
of usage is exceeded; and to notify the Agency if the account number or account holder provided does
not agree with their record.
The Vendor agrees to allow representatives of the Agency and the Commonwealth (including, but not limited to
DHCD) upon reasonable notice, access to all of its books and records pertaining to the Vendor's accounts with
LIHWAP households for the purpose of monitoring the Vendor's compliance with LIHWAP requirements and with
this Vendor Contract.
15. MONITORING AND REVIEW:
DHCD reserves the right to monitor compliance with this Vendor Contract. The Vendor shall cooperate with any
Federal, State, or local investigation, audit, monitoring, or program review; including but not limited to providing
requested documentation within set timeframes, as well as communicating with DHCD's and the Agency's staff.
The Vendor shall allow Agency representatives access to all books and records relating to LIHWAP households
Required Attachments: LIHWAP Vendor Information Sheet
Page / 5
Grantee: Commonwealth of Massachusetts Federal Fiscal Year 2022 LIHWAP Vendor Contract
for the purpose of compliance verification with this Agreement, The Vendor understands that failure to
cooperate with any Federal, State, or local investigation, audit, or program review may result in the immediate
disqualification from participation in the LIHWAP. The Agency shall promptly report any problems regarding this
Vendor Contract to DHCD. Both the Vendor and the Agency agree to meet with designated DHCD staff as
requested to review any recommendations, accomplishments, unmet needs and lessons learned as specified in
the supplemental terms and conditions.
16. NON -FRAUD OVERPAYMENTS:
For overpayments received by the Vendor that are not the result of intent to defraud, the Vendor shall be
required to repay the full amount to the Agency.
17. FRAUD:
The Vendor may be permanently disqualified from participating in the LIHWAP upon a finding of fraud. Fraud
includes, but is not limited to, intentionally providing false information to the Agency or knowingly allowing
others to do so; intentional failure to notify the Agency of a change in circumstances that affects payments
received by the Vendor; intentionally accepting payments that the Vendor knows, or by reasonable diligence
would know, the Vendor is not entitled to by virtue of an overpayment or otherwise; or intentionally making a
claim for a payment to which the Vendor is not entitled pursuant to the terms of this Agreement and all
applicable rules, regulations, laws and statutes. Repayment must be made unless contrary to a court order.
18. AUTHORITIES:
Nothing herein shall be construed as authority for either party to make commitments that will bind the other
party beyond the scope of services contained herein.
19. SUBCONTRACTS:
The Agency reserves the right to require the Vendor to obtain written permission to subcontract any portion of
the work. If requested by the Agency, the Vendor shall furnish the Agency the names, qualifications, and
experience of their proposed subcontractors. The Vendor shall, however, remain fully liable and responsible for
the work to be done by Its subcontractor(s) and shall assure compliance with all requirements of the Vendor
Contract.
20. FORUM FOR DISPUTES
In the event of any dispute between the Agency and the Vendor, the venue for any legal action arising out of the
contract shall be Massachusetts.
21. HOLD HARMLESS:
The Vendor shall hold DHCD and the Agency harmless and indemnify DHCD and the Agency, its Agencies,
officers and employees against any and all claims, suits, actions, liabilities and costs of any kind, including
attorney's fees, and other legal costs, for personal injury or damage to property arising from the acts or
omissions of the Vendor, or its agents, office, employees or subcontractors. Notwithstanding anything else
herein to the contrary, in no event will either party be liable to the other for any incidental, indirect, special,
consequential or punitive damages or lost profits. This clause is not an attempt to waive the statutory liability
Required Attachments: LIHWAP Vendor Information Sheet
Page / 6
Grantee: Commonwealth of Massachusetts Federal Fiscal Year 2022 LIHWAP Vendor Contract
limits afforded to the Agency pursuant to Massachusetts General Laws Chapter 258. This indemnity
requirement shall survive the termination of this Contract.
22. BINDING ON HEIRS AND ASSIGNS:
This contract shall be binding upon and Inure to the benefit of the respective successors and assign of each
party, but does not otherwise create, and shall not be construed as creating, any rights enforceable by any
person not a party to this contract.
23. SEVERABILITY:
If any provision of this Vendor Contract or the application thereof to any person or circumstance is held to be
invalid, the invalidity shall not affect other provisions of this contract, which shall be given effect without regard
to the invalid provision or application.
The persons executing this contract on behalf of a party represent and warrant to the other party that they
have been duly authorized by such party to so execute the contract.
By typing my name in the provided field, I indicate that I am the person named, and this entry is the legal
equivalent of my manual/handwritten signature for all purposes. I further understand that I may print the
document and sign by hand.
AGENCY:
Name:
Title
Date:
Signature
Denise A Tetreault
Director of Energy Programs
Required Attachments: LIHWAP Vendor Information Sheet
Vendor:
Name:
Title:
Date:
L
Signature
fe_1 x L Y„ t Lyc t
Town m ix (
Page 1 7
Commonwealth of Massachusetts
DEPARTMENT OF HOUSING &
COMMUNITY DEVELOPMENT
Maura T. Healey, Governor ♦ Kimberley Driscoll, Lieutenant Governor • Jennifer D. Maddox, Undersecretary
LIHWAP Information Memorandum
IM 2023-{}3
TO: LIHWAP Executive and Program Directors
FROM: Edward Kiely, Community Services Unit Manager
SUBJECT: LIHWAP Rate Reduction Adjustment
DATE: May 1, 2023
SUMMARY
After careful review, the Department of Housing and Community Development (DHCD) Community Services Unit
(CSU) has determined that the Low Income Household Water Assistance Program (LIHWAP) rate -reduction benefit of
up to $450 will be reduced. The initial benefit will be $200 for eligible households who are directly billed for service.
It is expected that a second rate -reduction benefit amount may be determined at a later time, based on factors
including the amount of the remaining funds and the number of eligible LIHWAP households. The maximum
arrearage benefit of $1,450 remains unchanged.
BACKGROUND
In the January 2023 LIHWAP amended model state plan, a rate -reduction benefit of up to $450 was added to the
program for LIHWAP eligible households directly billed for water and wastewater services whether they have an
arrearage or are current on their bill This amount was set in the assumption that the same number of vendors
would participate in FY23 and approximately the same number of households would be eligible for LIHWAP.
UPDATE
In 2023, the number of participating LIHWAP vendors and the number of eligible LIHWAP households have increased.
After careful review, the CSU has decided to reduce the amount of the initial rate -reduction benefit from $450 to
$200. To date, no rate -reduction payments have been processed so reducing the benetit now is prudent to ensure
equitability among participants.
It is anticipated that at a later date, after all applications have been processed and the initial rate -reduction payments
have been made, the CSU will calculate the second rate reduction payment by considering the number of households
that received the initial rate reduction and the amount of LIHWAP funds remaining. It is expected that this should
then spend down the remaining LIHWAP funds.
CONCLUSION
From time to time, DHCD will continue to offer guidance to the local administrating agencies (LAAs) on the program
documents when the need arises.
Please share this IM with all appropriate personnel within your agency as well as with your water/wastewater
vendors. If you have any questions regarding this communication, please contact Edward.Kiely@mass.gov.
We appreciate your continued commitment to the program.
w
tibial
100 Cambridge Street, Suite 300 www.mass.govldhcd
Boston, Massachusetts 02114 617.573.1100
Commonwealth of Massachusetts
DEPARTMENT OF HOUSING &
COMMU1M QTY DEVELOPMENT
Maura T. Healey, Governor • Kimberley Driscoll, Lieutenant Governor • Jennifer D. Maddox, Undersecretary
LIHWAP Information Memorandum
IM 2023-01
To: LIHWAP Executive and Program Directors
FROM: Edward Kiely, Community Services Unit Manager
SUBJECT: Updates to the Massachusetts LIHWAP
DATE: February 9, 2023
The Department of Housing and Community Development (DHCD) is issuing this Information Memorandum (IM)
to provide Low Income Household Water Assistance Program (LIHWAP) related updates to the LIHWAP local
administrating agencies (LAAs).
BACKGROUND
After a public comment period, a revised LIHWAP Model State Plan was submitted by DHCD to the US Health and
Human Services, Office of Community Services (OCS) in November 2022. The amended plan was subsequently
approved by OCS on January 19, 2023.
UPDATE
The key change to the Model State Plan is the issuance of a flat benefit of up to $450 to LIHWAP eligible
households directly billed for water and wastewater service whether they have an arrearage or are current on
their bill. This is in effort to reduce the rate of their services.
Households that are disconnected for being in arrears or are in arrears and at risk for termination with drinking
water and wastewater utilities will continue to be a priority. The maximum arrearage benefit is currently $1,500
for these households with past due bill(s). Those eligible households with active water and/or wastewater
accounts may also be eligible for an additional flat benefit up to $450 to reduce the rate of service(s). Payments
are subject to availability of funds..
CONCLUSION
From time to time, DHCD will continue to offer guidance to the LAAs on the program documents when the need
arises. Please share this IM with all appropriate personnel within your agency as well as with your
water/wastewater vendors. If you have any questions regarding this communication, please contact
Edward.Kiely@mass.gov.
We appreciate your continued commitment to the program.
100 Cambridge Street, Suite 300 www.mass.gov/dhod
Boston, Massachusetts 02114 617.573.1100
Select Board Meeting 6.05.23
Consent Agenda Cover Page
a.Meeting Minutes: May 22, 2023
Meeting minutes from the Select Board meeting on May 22, 2023 have been drafted for
review and approval.
Administrative Recommendation:
We recommend that the Board approve the meeting minutes.
b.Appointment: Fran Schofield (Vision Planning Committee)
Fran Schofield has been recommended by the Select Board Liaison, Kari Hoffmann and
Vision Planning Committee Chair, Sharon Tennstedt, to be a member of the Committee.
Ms. Schofield followed the Select Board Appointment to Town Committees process. The
term of this appointment is 1 year.
Administrative Recommendation:
We recommend that the Board approve this appointment.
c.Facility Use Application and Fee Waiver Request: Cape Cod Regional Technical High
School
Members of the faculty at Cape Cod Regional Technical High School would like to use
Drummer Boy Park on Wednesday June 14 from 1pm to 3pm to celebrate the retirement
of a science teacher after 35 years of teaching. They expect 25 to 30 people to attend.
There is also a request for a fee waiver of $300 since they are a tax-exempt entity.
Administrative Recommendation:
We recommend that the Board approve this request.
d.One Day Liquor License Applications: Brewster Chamber of Commerce and Chatham
Bars Inn Farm
The Brewster Chamber of Commerce will be hosting a networking event at Emerald
Hollow Therapeutic Riding Center on Thursday June 15, 2023 from 5:30pm to 7pm. They
would like to serve beer and wine to their anticipated 40 attendees.
Chatham Bars Inn Farm is requesting three One Day Liquor License for the following
upcoming events:
Private farm-to-table dinner on Thursday June 15th from 4pm until 9pm. They
expect 32 guests and would like to serve beer, wine and liquor.
Public farm-to-table dinner on Wednesday June 21st from 3pm until 9pm. They
expect 150 guests and would like to serve beer, wine and liquor.
Public farm-to-table dinner on Wednesday June 28th from 3pm until 9pm. They
expect 150 guests and would like to serve beer, wine and liquor.
The following comments have been provided by department heads who have viewed the
applications, this feedback will be shared with the applicants and if applicable will be
added to the one-day liquor license if approved as a condition:
Select Board Meeting 6.05.23
The Health Department has been in communication with Chatham Bars Inn for
food safety and food protection for their events.
The Fire Department notes that for the Chatham Bars Inn events that all
roadways must remain unobstructed for emergency vehicle access.
The Planning Department noted that CBI Farms has obtained its annual special
event permit from the Zoning Board of Appeals.
The Police Department requested that a barrier or signage should clearly
delineate where people are permitted to consume the alcohol served.
Administrative Recommendation:
We recommend that the Board approve these One Day Liquor License applications.
e.Yard Sale Restriction Waiver Request- Trinity Lutheran Church
The Trinity Lutheran Church will be hosting their annual yard sale in the parking lot of the
Church at 1883 Main Street on Saturday July 22, 2023, from 8:00am until 2:00pm. They
are requesting the waiver of the restriction regarding yard sales on weekends along 6A
between Memorial Day and Labor Day. The Chief of Police has been notified of the event
and there are no concerns.
Administrative Recommendation:
We recommend that the Board approve the yard sale restriction waiver request.
f.Fee Waiver Request of Building Permit Fees: Garden Club of Brewster
The Garden Club of Brewster is requesting a fee waiver of the temporary sign permit
application in the amount of $20 for 5 signs. They have provided the five locations that
they would like to place the signs.
Administrative Recommendation:
We recommend that the Board approve the fee waiver request.
g.Vote to Keep Commercial Razor Clam Fishery Closed for 2023 Season
The Natural Resources Department is requesting the recommendation to close the
Commercial Razor Clam fishery for 2023 based on three observation assessments in the
months of March, April, and May. This will be reassessed in the Spring of 2024.
Administrative Recommendation:
The Natural Resources Department recommends that the Board vote to keep the
Commercial Razor clam fishery closed for the 2023 season.
h.Vote to Amend Historical Commission Charge to Allow One Part-Time Resident
Member
The Select Board recently voted to allow part-time residents to serve on certain
boards/committees and commissions; it has been requested that the Historical
Commission be included. Town Administration has received letters of request from
residents and members of the Historical Commission.
Administrative Recommendation:
We recommend that the Board approve the allowance of one part-time resident on the
Historical Commission.
Select Board Meeting 6.05.23
i.Sign Notice of Lease for Lot 4, Brewster Industrial Park, also known as 52 Commerce
Park Road, Bretten Johnson
The Select Board approved the assignment of the original lease from Colson’s
Landscaping to Bretten Johnson at the March 13, 2023, meeting. The Attorney
representing Bretten Johnson has drafted a Notice of Lease for recording with the
Registry of Deeds.
Administrative Recommendation:
We recommend that the Board sign the Notice of Lease.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.22.2023 www.brewster-ma.gov Page 1 of 6
Office of:
Select Board
Town Manager
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: May 22, 2023
TIME: 6:00 PM
PLACE: 2198 Main Street
PARTICIPANTS: Chair Whitney, Selectperson Hoffmann, Selectperson Chatelain, Selectperson Bingham,
Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Whitney called the meeting to order at 6:00pm, read the meeting participation and recording
statement and declared a quorum.
Public Announcements and Comment
Kim Pearson, 289 Crocker Lane, provided informational testimony regarding the Mass Department of
Agricultural Resources Vegetation Management Plan (VMP) for the 5 years covering 2023- 2027. Noting that
the panel approved the VMP with amendments, a final draft will not go to the public prior to its action. Ms.
Pearson reviewed the amendments that are a concern for the Town of Brewster.
Select Board Announcements and Liaison Reports
Selectperson Bingham praised the Council on Aging for holding a wonderful Health Fair. Selectperson
Hoffmann recognized the Recreation Commission for their events at the Bay Property as well as the Cultural
Council. Selectperson Chatelain thanked the 400 participants that attended the first Community Forum
about the future of the Sea Camps properties.
Town Manager’s Report
Mr. Lombardi acknowledged the great turnout for the community forum and those who helped make it
happen. All the materials from the forum are available on the Town website on the Sea Camps Project page.
Another forum is being planned for August. The Town will be releasing a survey for all residents to provide
their feedback.
First Light Beach is opening this weekend and will be open weekends only until June 15th, then open seven
days a week for the season. Reminder that this is a resident only beach.
The Community Pool is opening on June 26 and the Town will be holding a ribbon cutting ceremony on June
25th. There will be four drop-in days for residents who did not purchase a pool pass, but would like to use
the pool this summer. These are $5/day and are first come first serve. The dates are July 15, July 17, July 28,
and August 6. In person sales of guest passes will be held on June 16, June 17, and June 30. Details are
available on our website.
The Town will host the annual Memorial Day service on Monday May 29, at the Council on Aging.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.22.2023 www.brewster-ma.gov Page 2 of 6
Office of:
Select Board
Town Manager
Consent Agenda
a.Meeting Minutes: April 24 and May 8, 2023
b.Approve & Sign License Agreement with Boy Scouts & Girl Scouts & Cub Scouts for Bottle Recycle
Program at the Recycling Center
c.Fee Waiver Request: Latham Centers Inc. for Building Permit Fees
d.Natural Resources Department Item Declared as Surplus and Acceptance of Donated Item
e.Department of Public Works Item to be Declared as Surplus for Disposal
f.Hawker and Peddler License Application and Fee Waiver Request: Friends of Brewster Dog Park, Inc.
g.Special Event Application: Friends of Brewster Dog Park, Inc.
h.One Day Entertainment License and Fee Waiver Request: Beyond the Bounds and Movement Arts
Cape Cod
i.One Day Liquor License Applications: Cape Cod Museum of Natural History and Friends of Brewster
Elders (and Fee Waiver Request)
j.Appointment of Alternate to Old Kings Highway Historic District Committee
k.Grant Applications: Community Planning Grant Program (Housing) & Enhance Digital Literacy for
Older Adults (Council on Aging)
l.Facility Use Application: Long Pond Woodland Lot and Trails
m.Fee Waiver Request- Cape Cod Sea Camps Building Safety Inspections
Selectperson Chaffee requested to pull out item c, the fee waiver for the Latham Centers until the Select
Board has the full amount of the waiver.
Selectperson Hoffmann moved to approve the Consent Agenda for May 22, 2023, as recommended and
presented without item C. Selectperson Chaffe 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.
6:15pm Continued Public Hearing- Seasonal All Alcohol Liquor License Application: Guapo’s Taco Shack,
LLC at 239 Underpass Road
Chair Whitney noted that we will not be completing this public hearing. It will be closed and starting a new
process for this license at a later date.
Selectperson Hoffmann moved that the Select Board take no action on the seasonal all alcohol liquor license
for Guapo’s Taco Shack, LLC and close the public hearing. 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.
Discuss and Vote on Common Victualler License Application for Guapo’s Taco Shack, LLC at 239 Underpass
Road
Chair Whitney noted this will be skipped for the same reason as noted above.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.22.2023 www.brewster-ma.gov Page 3 of 6
Office of:
Select Board
Town Manager
Vote on Liquor License Change of Manager for Brown Dog Investments Inc. d/b/a Laurino’s Cape Cod
Village
Selectperson Hoffmann moved that the Board approved the change of manager for the liquor license for
Brown Dog Investments Inc., d/b/a Laurino’s Cape Cod Village. Selectperson Chaffee 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.
Discuss Revised FY23 Nauset Regional Schools Operating Budget and Next Steps
Mr. Lombardi noted that the member Towns received correspondence from Nauset Regional District
indicating that due to budget shortfalls on their FY23 budget they required an amendment to the budget.
The School Committee approved an appropriation of a little over $300K in available Excess and Deficiency
(E&D) funds to cover the shortfall. The process requires the Regional School District to notify the
communities of this revised budget, which was approved by Town Meetings over a year ago.
Selectperson Chatelain inquired about the implications of using these funds for future year budgeting. Mr.
Lombardi shared that the schools had encountered increases in their expenses in FY23 that carried forward
to FY24. Noting that there are concerns about the revised budget and use of the E&D funds going forward,
which is their equivalent of free cash. In FY25 and beyond they will most likely need to reduce their reliance
on E&D funds. Mr. Lombardi expressed that this will likely translate to higher increases in terms of our
assessment in FY25 and beyond, and FY25 will be a similarly challenging budget development process with
the schools. There was a brief discussion on the possibility of state aid funding, if this survives the process,
the funds will cover FY26.
Discuss Feedback on Select Board Remote Participation Policy for Town Boards & Committees
The Town Manager’s office and Select Board liaisons have received feedback expressing concerns about the
practical implications of the policy, specifically meeting the quorum requirements of the committee being
physically present. The Select Board policy is more restrictive than what is allowable with the State guidance
which has been continued until Spring of 2025. The major considerations of the policy are the requirements
that the Chair by physically present, a quorum be physically present and that members of the committees
attend at least 50% of the meetings in person and for regulatory boards/committees they must attend 75%
of the meetings in person.
Members of the Select Board expressed their thoughts on the policy noting that in-person meetings provide
for better quality meetings and discussions by having everyone in the same room. The requirements of the
policy are reasonable and practical and believe the policy is fair and equitable. Selectperson Chaffee would
like to update the policy with a purpose statement and some minor updates. Selectperson Hoffmann
expressed her desire to allow for more flexibility to allow members to participate remotely and advocated
for more flexibility with the quorum requirements.
Discuss and Vote on FY24 Memorandum of Agreement with Orleans Council on Aging for Adult Supportive
Daycare Program
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.22.2023 www.brewster-ma.gov Page 4 of 6
Office of:
Select Board
Town Manager
Mr. Lombardi reviewed that the arrangement is that Orleans provides services to our residents through an
intermunicipal agreement, this is an annual agreement that has been in place for a long time. There are
increases in the fees that Orleans charges Brewster for FY24 which are in line with the expenses with the
program. Those that receive and have access to these services greatly benefit, as it is nothing that Brewster
can provide in-house. Funding is in the Council on Aging operating budget, if the costs of the program is
exceeded, the Council on Aging has sources to cover the balance.
Selectperson Hoffmann moved that we approve the FY24 Memorandum of Agreement with the Orleans
Council on Aging for Adult Supportive Daycare Program. 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.
Discuss and Vote on Intermunicipal Agreement with Truro for Net Metering Credits
Truro is interested in an agreement with Brewster in which Brewster would receive energy credits that Truro
has a significant bank of from a commercial solar project in which they purchased all the output. The project
produces more credits than Truro is able to apply to their energy bills. Brewster’s Energy Manager has
looked at our capacity in terms of our off-taker credits as a municipality and we have ample capacity to take
on the credits that Truro is receiving. Brewster would work with Truro and Eversource to identify the
accounts that the credits would be applied to and would provide a check to Truro for 80% of their value. The
structure is that either party can walk away at any time. Brewster would be eligible to receive about $80K in
energy credits in year one and $15K/year in future years based on Truro’s excess credits. Mr. Lombardi
shared that this is a unique partnership and there is really no risk and would be an off set to our utility
expenses. Brewster is waiting on Town Counsel to complete their review and expect to vote on the
agreement at the next Select Board meeting.
Discuss and Vote on Amendment to Host Community Agreement with Cape Cod Grow Labs, LLC
Cape Cod Grow Labs has changed their address and reached out to the Town to update the agreement. They
have been continuing their permitting and development at their site. Town Counsel put together the
amendment that clarifies the terms of host community agreement which also applies to the business at this
new address.
Selectperson Hoffmann moved to approve the amendment to the host community agreement with Cape Cod
Grow Labs, LLC as outlined in the packet. 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.
Update on American Rescue Plan Act Expenditures and Vote on Revised ARPA Plan
Selectperson Chaffee recused herself as the matter involves County ARPA Funds and left the meeting.
Mr. Lombardi noted the Board approved an expenditure plan for Brewster’s direct allocation of just over
$1M in funds. Last fall the county made changes to their expenditure requirements that allow Brewster to
use our share of the ARPA funds, almost $500K, for any lawful public purpose. With the changes, in some
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.22.2023 www.brewster-ma.gov Page 5 of 6
Office of:
Select Board
Town Manager
cases the original allocations for the purposes and amounts identified didn’t necessarily align with what the
needs were. Here are the modifications of the original plan, for both the direct allocation and the county
funds:
$273K for one-time premium pay for town employees
$75K for public health expenditures related to the pandemic
$275K for resident beach access to the First Light Beach
$400K for site remediation at the Sea Camps former shooting range
$300K for Long Pond Boat ramp
$35K for the Crosby Property Revolving Fund revenue loss
$25K for partial funding of new seasonal Natural Resources positions
$5K for FY22 single audit
$1500 for Building & Health department overtime
$10K for Wing Island consulting services
$35K for supplemental Sea Camps planning support
With these proposals there will be a balance of about $84K, which needs to be allocated by December of
2024. The two remaining variables on the plan are the Long Pond Boat ramp, which is set to begin in
September and the site remediation, which will go out to bid this summer.
Selectperson Chatelain asked about the ARPA funds being used for employee positions and how this would
impact future budgets. Mr. Lombardi noted that the funds for First Light Beach include gate attendants and
that this will need to be absorbed if we decide to keep the same approach at the property in future years.
The positions with Natural Resources are dependent if we hire and if it meets the needs of the department.
Selectperson Hoffmann moved to approve the American Rescue Plan Act expenditure revised ARPA Plan.
Selectperson Bingham 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 noted the letter from the Association to Preserve Cape Cod regarding the discharge of
wastewater from the decommissioned Powerplant. A draft letter will be up for consideration at the next
Select Board meeting.
Ms. Kalinick encouraged the Board and residents to complete the Regional Housing Survey. The results of the
survey will provide data about Brewster and inform the ultimate strategies for the Region and Towns.
Matters Not Reasonably Anticipated by the Chair
None
Questions from the Media
None
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Select Board 5.22.2023 www.brewster-ma.gov Page 6 of 6
Office of:
Select Board
Town Manager
Next Meetings
June 5, June 26, July 10, July 24, August 7, and August 21, 2023
Adjournment
Selectperson Hoffmann moved to adjourn at 7:18pm. Selectperson Chatelain second. A roll call vote was
taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson
Chaffee, 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, Town Manager’s Report, Consent Agenda items, Liquor License change of manager,
Regional School budget, Remote participation policy, Memorandum of Agreement, Intermunicipal Agreement, Cape Cod Grow Labs
amendment, ARPA documents, FYIs.
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.
APPLICATION FOR FACILITY USE
BREWSTER BOARD OF SELECTMEN
2198 MAIN STREET, BREWSTER, MA 02631
All requests must be made at (east two (2) weeks in advance of the desired use date. For more
information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or
mailed to the address above, or faxed back to 508-896-8089.
C.
ORGANIZATION OR GROUP: ( nr) ( r�r' ' �' � , chn u\;c � ` a X100
LOCAL SPONSORING ORGANIZATION:
AREA OR FACILITIES NEEDED:
DATE OR DATES REQUESTED:
TIME IN: TIME OUT: (INCLUDING PREPARATION & DISMANTLING)
PURPOSE OF FACILITY USE:
NATURE OF ACTIVITY TO TAKE PLACE: ___E36-2, 0 V (
WILL ADMISSION FEE BE CHARGED? YES NO AMOUNT
NON-PROFIT ORGANIZATION: YES NO
IRS # r._ ` � , ' TOTAL NUMBER OF PERSONS EXPECTED G-
MAXIMUM PEOPLE EXPECTED AT ONE TIME: `4'
ANY SPECIAL EQUIPMENT NEEDED?:
PERSON RESPONSIBLE FOR THE OBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME:
MAILING ADDRESS:
Lf\-- nn iq: aZ. L45
TELEPHONE NUMBER:
I have read the regulations and understand them with the acknowledgement that any additional
expenses incurred will be paid by my organization and that any violation may jeopardize continue use of
the building.
Signature: / ! ycz...64-zea,
Telephone:
Page 6 of 7
8/13/13
ST -2
MASSACHUSETTS DEPARTMENT OF REVENUE
CERTIFICATE OF EXEMPTION
Certification is hereby made that the organization nere,n named is an exempt curchaser under General Laws. Chapter 64H, Sections t c'
and (e). Ali purchases of tangible personal property by this organization are exempt from taxation under said chapter to the extent tha:
such property is used in the conduct of the business of the purchaser. Any anise or misuse of this certificate by any tax-exempt
organization or any unauthorized use of this -certificate by any individual constitutes a serious violation and will lead t7 revocation.
Willful misuse of this Certificate of Exemption is subject to criminal sanctions of up to 1 year in prison and 510,000 IS 13,00o for
corporations) in fines. ISee reverse srdei.
CAPE COD REGIONAL TECHNICAL
HIGH SCHOOL DISTRICT
35I PLEASANT LAKE AVENUE
HARWICH MA 02631
NOT ASSIGNABLE OR TRANSFERABLE
•
EXEMPTION NUMBER E
042-473-758
ISSUE DATE
01/02/90
CERTIFICATE EXPIRES ON
NONE
COMMISSIONER OF REVENUE
STEPHEN W. KIDDER
ACO OR
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
6/20/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Marsh & McLennan Agency LLC - New England
100 Front St, Ste 800
Worcester MA 01608
INSURED
Cape Cod Regional Technical High School
351 Pleasant Lake Avenue
Harwich MA 02645
CAPECOD3
CONTACT
NAME:
PHONE
f_Alc, No Ext): 888-850-9400
E-MAIL
ADDRESS: MMA.NewEngland.CLines@marshmc.com
FAX
A/C, No}: 866-795-8016
INSURER(S} AFFORDING COVERAGE
INSURER A: Philadelphia Indemnity Insurance Co.
INSURER B : Maine Employers' Mutual Insurance Co.
INSURER C :
INSURER D :
INSURER E :
INSURER F :
NAIC #
18058
11149
COVERAGES
CERTIFICATE NUMBER: 1035494722
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
,ADDL.SUBR POLICY NUMBER POLICY EFF
INSD • WV IMM/DD/YYYY)
POLICY EXP LIMITS
(MM/DDNYYY)
A
X
COMMERCIAL GENERAL LIABILITY
Y
Y
PHPK2286025 7/1/2022
7/1/2023
EACH OCCURRENCE
$1,00_0,000
DAMAGE TO RENTE
PREMISES Ea occurre
$ 100,000
CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 3,000,000
GEN'L AGGREGATE
POLICY X
OTHER:
LIMIT APPLIES
PRO
JECT
PER:
LOC
PRODUCTS - COMP/OP AGG $ 3,000,000
$
A
AUTOMOBILE LIABILITY
ANY AUTO
OWNED X SCHEDULED
AUTOS ONLY AUTOS
X HIRED �( NON -OWNED
AUTOS ONLY AUTOS ONLY
Y
Y
PHPK2286022 7/1/2022
7/1/2023
COMBaccidINEentyD SINGLE LIMIT $ 1,000,000
Ea
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE I $
(Per accident/
$
A
X UMBRELLALIAB
EXCESSLIAB
X
OCCUR
CLAIMS -MADE,
PHUB771735 7/1/2022
7/1/2023
EACH OCCURRENCE $10,000,000
AGGREGATE $10,000,000
8
-
DED I X RETENTION $ 1 O nr1c,
g WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY `I'M
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
3102806494
7/1/2022
7/1/2023
X PER 1OTH-
_STATUTE ER
-
E.L. EACH ACCIDENT $ 500,000
E.L. DISEASE - EA EMPLOYEE $ 500,000
E.L. DISEASE - POLICY LIMIT $ 500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CANCELLATION
INFORMATION PURPOSES ONLY
-
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
♦
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
The ACORD name and logo are registered marks of ACORD
cotEWST
OTC o�E,IDERe F9
s %.., l•
3 = m r
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'4COR_OR 1t°
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
Office of:
Select Board
Town Manager
Application Fee: $35.00
APPLICATION FOR
ONE -DAY LIQOUR LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager's office or licensesgbrewster-ma.gov
Section 1: A s s licant Information
Applicant/Property Owner:
Applicant's Address:
P Lk /;2L) 1')u=u c.7 /1/14.- 02.10 )
Telephone # and Email Address:
Section 2: Event Information
Type of Event:
l )),:: (1.442A., hz Lc j J— e- P
Location of Event:
&thick-( go-e(vg) //t2-1/106:-41- ctc, ( ;J
Date of Event & Proposed Times:
i A-a-mit) , ,c -t,( -e, /5; "WO -r3c, y.) m,
Type of Liquor to be served (beer, wine, both, etc.):
Number of attendees anticipated: ��
Section 3: Server Information:
Server name, address, and phone #:
l) itt-614i(1c1; V)C,L . /9,4/, di"zecx,al`e i &,21,-3/ 57 - 3s-tio
Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes v No
*If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be
paid directly to the Police Department. This may delay your application processing time. *
Section 4: Additional Information:.
Will food be provided? Yes 7 No If yes, please contact the Health Department for a Temporary Food Permit.
Applicant Signature:
Date: ,6 4142V-
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
��ooavoa���o
°ea. w, loos
Office of:
Select Board
Town Manager
Application Fee: $35.00
APPLICATION FOR
ONE -DAY LIQOUR LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager's office or licenses a Brewster-ma.gov.
Section 1: Applicant Information
Applicant/Property Owner:
GIanjTT-7rti1ande r
Applicant's Address:
2q7 Cho M, Ghott-i-iavn M/ O'cW9
Telephone # and Email Address:
SDg-°1 -DOg0 9mufa vici cViatriainbal inn•Cri/n
Section 2: Event Information
Type of Event:
pwbL,f C : vrn- tv-ro.hL 1r?her
Location of Event:
V GPI fatiiii V' eta i n sf- f rew f er Mfg Da.to31
Date of Event & Proposed Times:
Jane an, (3C1( '--qpm
Type of Liquor to be served (beer, wine, both, etc.):
i?'ee wine - i qfrirrt.
Number of attendees anticipated:
S'4
Section 3: Server Information:
Server name, address, and phone #:
�Sq b -e I1 e &Ko-vvigh 3o j8' main S1- (4A-
c��a-���-���d� oa(a31
Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes No
*If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be
paid directly to the Police Department. This may delay your application processing time. *
Section 4: Additional Information:
Will food be provided? Yom' No
Applicant Signature:
contact the Health Department for a Temporary Food Permit.
Date:
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
Office of:
Select Board
Town Manager
Application Fee: $35.00
APPLICATION FOR
ONE -DAY LIQOUR LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager's office or licensesrcibrewster-ma.gov.
Section 1: A + i licant Information
Applicant/Property Owner:
G7avjYkL.1,cv Le
Applicant's Address:
Raj 6k Ere 1Qa, CV atklarn, Mk Da673 3
Telephone # and Email Address:
5 0 -141--c- 004 (a 11"h LanA,r CD CAI a rnfo r rWl . G?T711
Section 2: Event Information
Type of Event:
Prhl is nil - - I- bie divw)err
Location of Event:
COI FOWYn, p? I v 7 a i r) 5i- Dai i t- e K Mkt- 0,.1,31
Date of Event & Proposed Times:
June Z, a. n.;,,D) 3-q pm
Type of Liquor to be served (beer, wine, both, etc.):
3eer, W► lie, ,�ql/t.o-
Number o attendees anticipated:
1 cU
Section 3: Server Information:
Server name, address, and phone #:
5abe11e (5c4rbnnrugh ,,IZ maim st e'rews/ . 1uI-Od031
Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes) No
*If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be
paid directly to the Police Department. This may delay your application processing time. *
Section 4: Additional Information:
Will food be provided? Y SG No
Applicant Signature:
s'e contact the Health Department for a Temporary Food Permit.
Date:
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
Office of:
Select Board
Town Manager
Application Fee: $35.00
APPLICATION FOR
ONE -DAY LIQOUR LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager's office or licensesrit Brewster-ma.cov.
Section 1: Applicant Information
A plicant/Property Owner:
iarv--114,1.Lcv,.of -e
Applicant's Address:
Q 7 61q6 -re f , Cha fiharn MA 002.33
Telephone # and Email Address:
50g -11-g---009 (o tlqwlol-r) Gtor �ti ckial-mi nloa rs i hr-, c a—vrt
Section 2: Event Information
Type of Event:
P ri Ate f arvn � tv -table Di r2n e rz f
Location of Event:
c Di -Farrn , ,)D d ma/ill/gr. Dre-j;
., M 1 Oc (o, 1
Date of Event & Proposed Times:
June ) 5- zoc 3; 4-- q p rn
Type of Liquor to be served (beer, wine, both, etc.):
teen, Wing, Iii qN tri2
Number of attendees anticipated:
Section 3: Server Information:
Server name, address, and phone #:
a Mahe ll2 Scarbo-ntitUh 317 main esr¢wcf-e 2 Mgt D ati,N
(93D -10,E -71g L
Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes X No
*If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be
paid directly to the Police Department. This may delay your application processing time. *
Section 4: Additional Information:
Will food be provided? Y No
Applicant Signature:
contact the Health Department for a Temporary Food Permit.
Date:
TRINITY LUTHERAN CHURCH
1883 Main Street
Brewster, MA 02631
508-896-3396
May 24, 2023
Town of Brewster
Selectmen's Office
2198 Main Street
Brewster, MA 02631
Dear Selectmen:
Last year, and for many years, we have held a yard sale at our Church. In the past, we have very much
appreciated being waived from the restriction for yard sales during a specific period of time along
Route 6A.
Hopefully we will be able to hold our sale this year as well. We are proposing to obtain permission to
have our yard sale on Saturday, July 22, from 8:00 to 1:00 (or 2:00 if people are still coming). The
Church is set back off of Route 6A and we have a large parking lot to which the entrance is accessible
from the side road so cars do not need to park on 6A. The entrance to the parking lot on Route 6A is
blocked off during the sale so cars cannot pull in or out right onto the main road. Parking in the past
has not been an issue with people coming in or going out of the side entrance to the parking lot. We
have a member there to assist people pulling in and parking.
We appreciate your consideration. I look forward to hearing from the Board following the Meeting. If
there are additional rules, we will do everything that is required of us to do.
Thank you.
Sincerely,
Cheryl Silvestri
Member of Trinity Lutheran Church
c/o 38 Captain Daniel Road
S. Yarmouth, MA 02664
508-394-5891
Garden Club of Brewster
Box 1414
Brewster Ma 02631
May 30, 2023
Brewster Select Board
Brewster Town Hall
2198 Main Street
Brewster Ma. 02631
RE: Request for waiver of fee
The Garden Club of Brewster requests waiver of the fee for a temporary sign permit. On
July 11-12, 2023 the Club will hold garden tours at 3 Brewster properties as part of the Cape
Cod Hydrangea Festival.
The garden Club is a non-profit organization whose mission includes the beautification of
roadsides and other public places in Brewster as well as educational grants and scholarships.
Proceeds of the tours will be used for these purposes.
Thank you for consideration of this request.
Paulette Goeden & Lee Hanks
Co -Chairs Hydrangea Festival Committee
Hydrangea Festival
Sign Locations
Freeman's Way & 137 Island
Millstone Rd & 137 Island
Route 124 & 6A Island
Betty's Corner — Lower Rd & 6A
UnderPass & 6A
Personal Property
Lemon Tree Plaza
Allards
Ferrettie's Market
State Property by Luke's
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: 5/25/23
Re: 2023 Commercial Razor Clam Fishery
According to Section 15.21 of the 2023 Commercial Razor Clam Regulations:
A.)March, April and May will be used to assess the population in the East end of Brewster (Ellis Landing to
the Orleans/Brewster Town line.)
The DNR staff has worked jointly with the razor clam harvesters during this time to assess the population for a
viable commercial fishery. On March 22, April 20 and May 9 a DNR staff member was joined by two veteran
harvesters to look at the area between Ellis Landing and Orleans/Brewster Town line. Each trip targeted a
different landing (Ellis, Linnell, Crosby) to achieve an accurate population density assessment.
After walking these areas and spot spraying the salt solution we observed patches of mostly sub-legal razor
clams scattered across the flats. Within these patches, the density was not the same as observed in the past.
Based on these three observation assessments, the Natural Resource Department recommends to close the
Commercial Razor Clam fishery for 2023 and reassess density in the Spring of 2024.
Respectfully submitted,
DNR Staff
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Memo
To: Brewster Select Board
From: Erika Mawn, Executive Assistant
Date: May 31, 2023
Re: Part-Time Brewster Resident on Historical Commission
On November 7, 2022 the Select Board discussed allowing qualified part-time Brewster
residents the ability to be appointed to serve on ad hoc or advisory committees that the Select
Board has jurisdiction over. The following boards/committees were identified in allowing one
member position open to a part-time resident if they are qualified:
Committee / Board
All Access Citizens
Bicycle and Pedestrian Committee
Cemetery Commission
Crosby Property Committee
Cultural Council
Upon further review and in communication with the Chair of the Historical Commission, it was
requested to allow this Commission to also allow a qualified part-time Brewster resident.
The charge for this commission has been updated to reflect the allowance of Brewster part-
time residents. Once approved by the Select Board the charge will be provided to the Town
Clerk.
Office of:
Select Board
Town Administrator
1
Property Address: 52 Commerce Park Road, Brewster
NOTICE OF LEASE
In accordance with the provisions of Massachusetts General Laws Chapter 183
Section 4, as amended, notice is hereby given of the following described lease:
Parties to Lease:
Lessor: Town of Brewster, acting by and through its Select Board
2198 Main Street
Brewster, MA 02631
Attn: Peter Lombardi, Town Manager
Lessee: Bretton S. Johnson
Date of Execution:
March 4, 1982, amended January 24, 2011
Description of Leased Premises:
Lot 4, Brewster Industrial Park, also known as 52 Commerce Park Road,
Brewster, Barnstable County, Commonwealth of Massachusetts. More
fully described in the Order of Taking recorded with the Barnstable
County Registry of Deeds in Book 1481, Page 1042.
Term of Lease: Through March 4, 2052
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this
_____ day of _____________, 2023.
LANDLORD
TOWN OF BREWSTER by:
____________________________
Peter Lombardi, Town Manager
Duly Authorized
2
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss.
On this _____ day of _________, 2023, before me, the undersigned notary public,
personally appeared Peter Lombardi, Town Manager, proved to me through satisfactory
evidence of identification, which was_________________________, to be the person
whose name is signed on the preceding or attached document, and who swore and
affirmed to me that he signed it voluntarily for its stated purpose in said capacity,
_________________________________
Notary Public
My commission expires:
Notary Stamp or Seal:
3
TENANT:
_____________________________
Bretton S. Johnson
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss.
On this _____ day of _________, 2023, before me, the undersigned notary public,
personally appeared Bretton S. Johnson, proved to me through satisfactory evidence of
identification, which was_________________________, to be the person whose name is
signed on the preceding or attached document, and who swore and affirmed to me that he
signed it voluntarily for its stated purpose,
_________________________________
Notary Public
My commission expires:
Notary Stamp or Seal:
LANDLORD'S CONSENT TO ASSIGNMENT OF LEASES
THIS LANDLORD'S CONSENT TO ASSIGNMENT OF LEASES ("Agreement") is
entered into as of the 13th day of . March 2023, among the TOWN OF BREWSTER, acting by
and through its Select Board ("Landlord"), W. LEON COLSON, individually, and COLSON
LANDSCAPING, INC., a Massachusetts corporation (together, "Assignor"), and
Bretten S. Johnson ("Assignee").
Recitals
1. Reference is made to that certain Indenture of Lease dated March 4, 1982, by
and between W. Leon Colson, individually, and Colson Landscaping, Inc., as
lessees (together, "Tenant") and the Town of Brewster, as lessor ("Landlord"); as
amended by that certain Amendment to Lease dated January 24, 2011, by and
between Tenant and Landlord (collectively, the "Lease"), for the rental of the
premises referred to therein as Lot No. 4 in the Brewster Industrial Park in
Brewster, Barnstable County, Massachusetts (the "Premises").
2. Landlord is the current landlord under the Lease, and Assignor is the current
tenant under the Lease.
3. Assignor desires to assign its entire interest under the Leases to Assignee as of
March 13 , 2023 ("Effective Date"), pursuant to the provisions of
that certain assignment between Assignor and Assignee dated
March 13 , 2023 ("Assignment").
4. Assignee desires to accept such Assignment, and to assume all of Assignor's
obligations under the Lease accruing from and after the Effective Date.
5. Assignor and Assignee have requested Landlord to consent to the Assignment.
NOW THEREFORE, in consideration of the promises herein contained, and other good
and valuable consideration, the receipt and sufficiency of which is hereby mutually
acknowledged, the parties hereto agree as follows:
Agreement
a. In consideration of Landlord's consent to the Assignment, Assignee hereby covenants
with Landlord that from and after the Effective Date, Assignee shall observe, comply
with, and perform all terms, conditions and covenants of the tenant under the Lease, and
perform all obligations of any kind whatsoever as and when the same are due to be
performed by tenant pursuant to the terms of the Lease as though Assignee was the tenant
originally named under the Lease, and that Assignee shall be subject to all of the
Landlord's rights thereunder during the entire term of the Lease as though Assignee was
the tenant originally named under the Lease.
b. Nothing contained in this Agreement shall operate or be construed: (a) as a consent to
or approval or ratification by Landlord of any of the provisions of the Assignment, (b) as
a representation or warranty by Landlord as to any matters pertaining to the Lease or the
Assignment, (c) to modify, waive, affect, release or discharge (i) any of the provisions,
covenants, or conditions set forth in the Lease, (ii) any of Assignor's obligations under
the Lease, (iii) any rights or remedies of Landlord under the Lease or otherwise, or (d) to
woicra orry r.rnonnt nr firfi.ra irnnnh nr rlafnnit nn thn rrnrt of. A coi nnnr nnrinr thn T no ca
covenants, or conditions set forth in the Lease, (ii) any of Assignor's obligations under
the Lease, (iii) any rights or remedies of Landlord under the Lease or otherwise, or (d) to
waive any present or future breach or default on the part of Assignor under the Lease.
c. Assignor acknowledges that, notwithstanding the Assignment, it shall continue to be
liable under the Lease jointly and severally with Assignee.
d. Assignor agrees to promptly reimburse Landlord for any reasonable legal fees or other
expenses incurred by Landlord with respect to the review, preparation and negotiation of
this Agreement.
e. Landlord hereby consents to the Assignment strictly pursuant to the terms of this
Agreement.
f. No party hereto shall record (or cause to be recorded) with the Barnstable County
Registry of Deeds (i) the Assignment or (ii) this Agreement, and any such recording shall
automatically cause this Agreement and the Assignment to be voidable at Landlord's
election.
g.
This Agreement contains the entire agreement between Landlord, Assignor and
Assignee with respect to its subject matter contained herein, and incorporates and
supersedes all prior negotiations, discussions and agreements between the parties. This
Agreement may be amended only by subsequent written agreement between Landlord,
Assignor and Assignee.
h. This Agreement shall be governed by, and construed in accordance with, the laws of the
Commonwealth of Massachusetts. Time is of the essence of each and every provision of
this Agreement. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent, the remainder of this Agreement shall not be affected
thereby and each provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
This Agreement may be executed in one or more counterparts all of which when taken
together will constitute a single agreement. All signatures need not appear on any one
counterpart.
J•
This Agreement is submitted to Assignor and Assignee on the understanding that it will
not be considered an offer and will not bind Landlord in any way until (a) Assignor and
Assignee have duly executed and delivered to Landlord duplicate originals hereof and of
the Assignment, in form and substance acceptable to Landlord, (b) all rents and other
charges due and unpaid under the Lease as of the Effective Date are paid to Landlord, (c)
Landlord has executed and delivered one of such originals of this Agreement to Assignor
and Assignee.
k. All notices or other communications which are required or permitted hereunder to be
given to any party shall be in writing and shall be deemed sufficiently given if delivered
personally, by nationally recognized overnight courier or by registered or certified mail,
return receipt requested, to the address of such party specified below, or to such other
address as the addressee may have specified in a notice duly given to the sender as
provided herein:
If to Landlord: Town of Brewster
Brewster Town Hall
2198 Main Street
Brewster, Massachusetts 02631
Attn.: Town Administrator Peter Lombardi
with a copy to:
with a copy to:
If to Assignor: i . Ltlo Colson
If to Assignee: h (e4k l S . TOhn5on
e oX aa3
-NATI wv c h, )nY- W b d (.0 4-5
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the undersigned have executed this Agreement under seal as
of the date first set forth above.
LANDLORD:
TOWN OF BREWSTER
SELECT BOARD
Cynthia Binghn
Davi Whitney
Itled Chatelain
[ASSIGNOR AND ASSIGNEE SIGNATURES ON FOLLOWING PAGE]
A SSIGNOR:
ASSIGNOR:
W. Leon 'olson
COLSON LANDSCAPING, INC.
By: f W. Leon olson,
President
ASSIGNEE:
weiv;
Landlord's Consent to Assignment of Leases
Brewster Industrial Park — Lot 4
p. 2 of 5
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
To: The Select Board
From: Erika Mawn
Date: June 2, 2023
RE: Annual Entertainment License Application – the Kitchen Café
JDT Investments, LLC d/b/a the Kitchen Café located at 2671 Main Street is applying for a new
Annual Entertainment License. A public hearing was advertised, and abutters have been notified,
consistent with the application process. Annual Entertainment licenses are valid from July 1
through June 30 each year. The Kitchen Café is also applying for an Annual Sunday
Entertainment License through the State.
The following departments have also reviewed the application and have provided the following
feedback, which will be shared with the applicant.
Building Department- no comments regarding the application.
Health Department- no comments regarding the proposed license application.
Fire Department-
Police Department- It appears that they will be taking steps to minimize impact to the
neighbors. Recommends communication with the neighbors.
Town Managers Office-The current liquor license hours end at 9pm and the
entertainment license request is until 10pm. There are no other restaurant entertainment
licenses in Town that start at 8am.
Planning Department – The proposed occasional live indoor musical performances and
the speakered music are customarily related and incidental to restaurant use and seem
appropriate for issuance of the entertainment license as requested. They would not
conflict with zoning permits or approvals issued to date, or with relevant provisions in the
zoning bylaw.
Alternately, there is little detail provided about the proposed live outdoor musical
performances in the request, which have the greatest potential to impact neighbors. To
mitigate this potential impact, the Select Board might consider conditioning the license in
one of two ways: either not approve the outdoor live music portion of the request and
require further licensing in the future when more details are available and can be
provided; or issue the license for all activities as requested, subject to the applicant
agreeing to provide details about specific live outdoor musical performances to the town
when proposed but with reasonable advance notice, including time to allow the town to
consider the event and establish safeguards as deemed necessary.
Office of:
Select Board
Town Manager
Town of Brewster
2198 Main Street
Brewster, MA 02631
(508) 896-3701
www.brewster-ma.Rov
Office of:
(000- nvj`Select Board
6'.b5 ,m Town Manager
/23 - /2.'qam // ‘.121=2"
APPLICATION FOR ANNUAL ENTERTAINMENT LICENSE
Following submission of a completed application and payment, allow up to 4-6 weeks before
a public hearing with the Select Board is scheduled. Submit complete application to Town
Manager's office or email to licenses@brewster-ma.gov.
Section 1: Applicant Information TYPE:
New Renewal
Name of Business/Corporation:
JDT Investments LLC, dba, The Kitchen Cafe
Name of Business Owner:
Danielle Panzica
Business Address (location of entertainment):
2671 Main Street
Mailing Address if different:
Telephone # and Email Address:
Section 2: Type of Entertainment to be offered (check all that apply):
Dancing by patrons on occasion Live music Theatrical exhibitions/Play
Dancing by live performers X Amplified music Disc Jockey
Karaoke X Radio/Television Coin operated Games
Juke Box Recorded Music Pool/Billiards
Other (please explain):
Section 3: Proposed Days and Hours of Entertainment
Mondays: Start time: 8am End time: 10pm
Tuesdays: Start time: 8am End time: 10pm
Wednesdays: Start time: 8am End time: lopm
Thursdays: Start time: 8am End time: _10pm
Fridays: Start time: 8am End time: lopm
Saturdays: Start time: 8am End time: lopm
1
Sundays: Start time: 8am End time: 8pm
Section 4: Location of Entertainment: x Indoors x Outdoors
If outdoors, the applicant must provide proof of ownership/lease for use of the outdoor space.
Please describe what efforts the applicant/business has taken to reduce the impact of noise from
outdoor entertainment to neighboring residents and businesses. Please attach a property map with
proposed locations of entertainment.
A fence on the west side of the property is being installed, the east side of the property already
has a fence and the north side of the property has arborvitaes and a vacant lot of brush
Directional speakers can control the direction of the sound and limit its spread to neighboring
areas
Limit the volume within the maximum allowable decibel level for both indoor and outdoor
Section 5: Detailed Description of Proposed Entertainment
Primarily for playing music inside the restaurant and on the outdoor patio via a Bluetooth
speaker and Spotify during business hours
In the Spring Summer we will also look to use the Bluetooth speaker by the approved food
trailer with the dBA of 70-75, during business hours.
Occasionally offering live music inside and on the attached outdoor patio at a dBA of 70-75.
In the spring summer season we would like to have an occasional performance on the front
lawn area for local musicians to showcase their talents.
July 8 would be our first outdoor artist and will play from 12pm-3pm with a dBA of 75-85.
Any outdoor performances, excluding our outdoor patio, will be held in the day time only.
We would also like to be approved for a television for inside the dining area
Section 6: Previous or Current Violations
In the past year, has the applicant or business been notified of arty violations? Yes X No
If yes, please state the reason for the violation and the current status:
Entertainment licenses are valid July 1- June 30th each year. The Town Administration office will
contact current Annual Entertainment License holders in early May to renew their license. The
Select Board will hold a public hearing in the month of June to review all Annual Entertainment
Licenses. All taxes must be paid to the Town of Brewster before applications will be reviewed.
it is the responsibility of the applicant to understand the rules and regulations associated with
an entertainment license. By signing this form, the applicant certifies that he/she has read
Chapter 272, Section 29 tu 31 of Massachusetts General Law.
Applicant Signature:
Date: g .2001
INSTRUCTIONS FOR AN ENTERTAINMENT LICENSE
1. Only completed applications accompanied with the required fees will be accepted. The
applicant will then be scheduled for a public hearing before the Select Board.
2. A COMPLETE application consists of the following:
a. A properly and completely filled out application form.
b. A site plan or diagram sketch of the property that includes the properties
buildings, parking, and proposed site for entertainment.
c. Check (made out to the Town of Brewster) or cash in the correct amount.
d. If requesting Entertainment on Sundays, an additional check made out to the
Department of Public Safety and a signed Commonwealth of Massachusetts
License for Public Entertainment on Sunday.
3. The Town Administration office will advertise the public hearing at least two weeks prior to
its date.
4. The Town Administration office will provide the applicant with an abutters map, list of
addresses and approved letter that the applicant must mail to abutters at least two weeks
prior to the public hearing date.
ENTERTAINMENT LICENSE FEES
One -Day Entertainment License
Weekday License (Monday- Saturday)
Sunday License*
Coin Operated Amusement
$35 per event
$250 per year
$50 after 1:OOpm
$100 prior to 1:OOpm
$30 per device
*Sunday Licenses are issued through the State, if applying for a Sunday license, the Town
Administration office will provide you with the required application.
LOCAL LICENSING AUTHORITY- BREWSTER SELECT BOARD
Upon written application describing the proposed entertainment, the Select Board, may grant,
an entertainment license including reasonable terms and conditions. The Select Board may
revoke, cancel, or suspend any license issued upon evidence that the terms and conditions of
such license are being violated. No refund Is possible after a license has been issued.
Any changes to the entertainment license that has been previously approved will require the
owner/business to apply for a new Entertainment License through the Select Board.
3
►2083 awn St
M.mdNh Behr, Towhee
Deed Book 11018. page 398
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02083 Mile St
MeredlM Baler, Trustee
Deed Bodo 11018, page 338
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I hereby certify that the structures shown hereon
are located as they exist on the ground.
Donald T. Poole PLS #32682 Date
WA' tilt
Plan Notes:
1) The Bearing basis is MA Coordinate System NAD83
2) The Vertical datum is NGVD88
3) The property shown hereon does NOT lie in a Flood
Hazard Zone as shown on FEMA Map 25001C041J,
Effective date 07/16/2014
4) Zoning District = VB (Village Business)
5) Lot Area = 33,819s Sq.Ft. (15,000 Sq.Ft. Minimum)
Building coverage = 2,280/33,819 = 8.74% (30%
Maximum)
Green Space = 12,945/33,619 = 38.38%
Plan of Land
#2671 Main St, Brewster MA
prepared for
TKC Investments, LLC
Deed Book 34119, Page 146
Plan Book 394, Page 96
Scale 1" = 20' Sept. 27, 2022
ols #1094001
COMMERCIAL LEASE
PARTIES
TKC Investments LLC, 21 Wormwood Street, Unit 402, Boston , MA 02210,
hereinafter LESSOR, which expression shall include all heirs, legal representatives,
executors, administrators, successors, and assigns where the context so admits, does
hereby lease to JDT Investments LLC, 21 Wormwood Street, Unit 402, Boston , MA
02210, hereinafter LESSEE, which expression shall include administrators, successors,
and assigns where the context so admits, and the LESSEE hereby leases the following,
described premises
PREMISES
The property located at 2671 Main Street , Brewster, MA containing approximately
2118 rentable square feet plus or minus (entire leaseable space — see floor plan attached
hereto and made a part hereof) The Property is to be delivered in its present AS IS
condition unless otherwise described in Exhibit A.
TERM and RENT
The term of this lease shall be for a period of twenty-six (26) years commencing on May
14, 2021. The annual rent for this term shall be Fifty -Five Thousand Two Hundred
Ninety six and 00/100 (S55,296.00) Dollars payable on the first day of each month in the
amount of S4608.00 Four Thousand Six Hundred eight and 00/100 (54608 .00) Dollars.
The Lessee at the end of the term will have the option to renew the Lease for a five (5)
year period which will automatically renew, unless Lessee gives 90 days written notice of
its intent not to renew to the Lessor.
USE OF LEASED PREMISES
The LESSEE shall use the leased premises only for the town licensed use which is
restaurant - lounge, and for no other purpose unless authorized by Lessor and by the town
of Brewster. Tenant is responsible for any and all licenses for the intended use and agrees
not to permit any violations of law at the leased premises.
COMPLIANCE WITH LAWS
(a) The LESSEE agrees that no trade or business shall be conducted upon the leased
premises or use made thereof which will be unlawful, improper, unreasonably noisy
or offensive or contrary to any law or any municipal by-law or ordinance in force in
the town in which the premises are located.
LESSOR'S INITIALS
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LESSEE'S INITIALS
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(b) No burning of trash and removal of rubbish. The LESSEE agrees not to burn any
trash on or near the demised premises and not to permit any offensive odors to be
emitted therefrom. The LESSEE shall not store any dangerous or corrosive
substances upon the demised premises and will be responsible for periodic removal of
rubbish from the said premises. The LESSEE is responsible for the removal and/or
disposal of hazardous waste in accordance with the local, state and federal law.
Hazardous waste shall not be kept upon the premises and shall be removed on a daily
basis, if necessary.
(c) Use of sidewalks and areaways surrounding demised premises: The LESSEE will not
block the sidewalks or areaways surrounding the demised premises and will keep the
sidewalk immediately in front of LESSEE'S premises clean and free from debris or
litter and will be responsible for removal of ice and snow therefrom. The LESSEE
will keep the hallway and outdoor entry ways immediately in front of LESSEE'S
premises clean and free from debris and litter.
FIRE INSURANCE
The LESSEE shall not permit any use of the leased premises which will make voidable
any insurance on the property of which the leased premises are a part, or on the contents
of said property or which shall be contrary to law or regulation from time to time
established by the NEW ENGLAND FIRE INSURANCE RATING ASSOCIATION, or
any similar body succeeding to it's powers. The LESSEE shall, on demand, reimburse
the LESSOR, and all other tenants, all extra insurance premiums caused by the
LESSEE'S use of the premises.
LESSOR warrants that the LESSEE'S intended use of the premises will not make
voidable any insurance on the property of which the leased premises are a part or is
contrary to law or regulations from time to time established by the NEW ENGLAND
FIRE INSURANCE RATrNG ASSOCIATION_
ALTERATIONS AND ADDITIONS
The LESSEE shall not make structural alterations or additions to the leased premises, but
may make non-structural alterations provided the LESSOR consents thereto in writing,
which consent shall not be unreasonably withheld or delayed.
ASSIGNMENT SUBLEASING
The LESSEE shall not assign or sublet the whole or any part of the leased premises
without LESSOR'S prior written consent, which consent shall not be unreasonably
withheld or delayed. Notwithstanding such consent, LESSEE shall remain liable to
LESSOR'S INITIALS
-V
LESSEE'S INITIALS
LESSOR for the payment of all rent and for the full performance of the covenants and
conditions of this lease. In lieu of granting the LESSEE the right to assign or sublet the
demised premises as set forth herein, the LESSOR reserves the right to terminate the
within lease and enter a new lease at LESSOR'S option.
SUBORDINATION
This lease shall be subject and subordinate to any and all mortgages, deeds of trust and
other instruments in the nature of a mortgage, now or at any time hereafter, a lien or liens
on the property of which the leased premises are a part, and the LESSEE shall, when
requested, promptly execute and deliver such written instruments as shall be necessary to
show the subordination of this lease to said mortgages, deeds of trust or other such
instruments in the nature of a mortgage.
LESSOR'S ACCESS
The LESSOR or agents of the LESSOR may, at reasonable times and with 24 hour notice
to the Lessee, enter to view the leased premises and may remove placards and signs not
approved and affixed as herein provided, and make repairs and alterations as LESSOR
should elect to do and may show the leased premises to others, and at any time within
three (3) months before the expiration of the term may affix to any suitable part of the
leased premises a notice for letting or selling the leased premises or property of which the
leased premises are a part and keep the same so affixed without hindrance or molestation.
In addition, the LESSOR reserves the right to enter the said leased premises or any part
thereof, with 24 hour notice, except in the case of an emergency, for the purpose of
running, caring for and maintaining pipes, wire, plumbing, ducts or any other appliances
or fixtures through the leased premises which may be necessary or proper or which are
used in connection with other parts of the property of which the leased premises are a
part.
INDEMNIFICATION / INSURANCE REQUIREMENTS
The LESSEE will hold the LESSOR harmless and indemnified against any injury, loss or
damage to any person or property on or about the leased premises caused by the
LESSEE, its agents or business invitees for which the LESSOR is not responsible. In the
event LESSOR is made a party to any litigation against the LESSEE for which the
LESSOR is not responsible; the LESSEE shall indemnify the LESSOR and hold the
LESSOR harmless against the same and shall pay all costs, expenses and reasonable
attorney's fees resulting therefrom.
LESSOR'S INITIALS
- Ll
3
LESSEE'S INITIALS
I
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DAMAGES, EMINENT DOMAIN
Should a substantial portion of the leased premises; or of the property of which they are a
part, be substantially damaged by fire or other casualty, or be taken by eminent domain,
the LESSOR or LESSEE may elect to terminate this lease. When such fire, casualty, or
taking renders the leased premises substantially unsuitable for their intended use, a just
and proportionate abatement of rent shall be made, and the LESSEE may elect to
terminate this lease if:
(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore
leased premises, or
(b) The LESSOR fails to restore the leased premises to a condition substantially suitable
for their intended use within ninety (90) days of said fire, casualty or taking.
The LESSOR reserves, and LESSEE grants to LESSOR, all rights which the LESSEE
may have for damages or injury to the leased premises for any taking by eminent domain,
except for damage to the LESSEE'S fixtures, property or equipment and any relocation
expenses or business interruption expenses and/or reimbursement available to LESSEE.
DEFAULT BANKRUPTCY
(a) In the event of any failure of LESSEE to pay any rent due hereunder, including
additional rent, within fourteen (14) days after the same shall be due, or any failure to
perform any other of the terms, conditions or covenants of this lease to be observed or
performed by LESSEE for more than thirty (30) days after written notice of such
default shall be given to LESSEE, or if LESSEE shall have declared bankruptcy or
insolvency, or filed any debtor proceedings, or shall take or have taken against
LESSEE in any court, pursuant to any statute either of the United States or any State,
a petition in or insolvency or for reorganization or for the appointment of a receiver
or trustee of all or any part of LESSEE'S property if not dismissed within sixty (60)
days, or if LESSEE shall abandon the demised premises or suffer this lease to be
taken under any writ of execution, then LESSOR, in addition to any and all rights or
remedies it may have, shall have the immediate right to re-entry and may peaceably
remove persons and property from the demised premises, and such property may be
removed and stored in a public warehouse or elsewhere at the cost of and for the
account of LESSEE. all without service of notice or resort to legal process and all
without being deemed guilty of trespass or becoming liable for any loss which may be
occasioned thereby providing LESSOR shall act reasonably. Notwithstanding the
foregoing, Lessor will be subject to the mandated 30 stay of the Bankruptcy Court
unless so waived by the Court as a result of Lessor's Motion.
(b) Should LESSOR elect to re-enter as herein provided or should it take possession
pursuant to any notice provided for by law, it may either terminate this lease or may
from time to time without terminating this lease make such alterations and repairs, as
may be necessary to re -let, to the demised premises, and re -let said demised premises
or any part thereof for such term or terms and at such rental or rentals which are
LESSOR'S INITIALS
4
LESSEE'S INITIALS
reasonable. Upon each such re -letting all rentals received by the LESSOR from such
re -letting shall be supplied in the order set forth below;
(I) To the payment of any indebtedness other than rent due hereunder from LESSEE
to LESSOR.
(2) To the payment of any costs and expenses of such re -letting including brokerage
fees, attorney ' s fees and costs of such alterations and repairs.
(3) To the payment of rent due and unpaid hereunder.
(4) The balance, if any, shall be held by LESSOR and applied in payment of future
rents or expenses if the same may become due and payable in accordance with the
order set forth above.
If such rentals received from such re -letting during any month shall be less than the
amount to be paid during that month by LESSEE pursuant to this lease, then LESSEE
shall pay to LESSOR any such deficiency to be calculated and paid monthly. No such re-
entry or taking possession of the demised premises by LESSOR shall be construed as an
election on its part to terminate this lease unless a written notice of such intention shall be
given to LESSEE or unless the termination of this lease shall be decreed by a court of
competent jurisdiction.
(c) Notwithstanding any such re -letting without termination, LESSOR may at any time
thereafter elect to terminate this lease for any breach. In addition to any other
remedies it may have, it may recover from LESSEE all damages it may incur by
reason of such breach, including the cost of recovering the demised premises,
reasonable attorney's fees and including the worth at the time of such termination of
the excess, if any, of the amount of rent, including additional rent, reserved in this
lease for the remainder of the stated term over the then reasonable rental value of the
leased premises for the remainder of said stated term, all of which accounts shall be
immediately due and payable by LESSEE to LESSOR.
HOLDING OVER
In the event that the LESSEE remains in possession of the Premises after the expiration
or termination of the Lease Term without express written agreement as to such holding
over, then such holding over shall be deemed to be a tenancy from month to month at a
rental equal to one hundred twenty percent (120%) of the rent payable during the last
month of the Lease Term. Nothing contained herein shall be construed as obligating
LESSOR to accept any rental tendered by LESSEE after the expiration of the Lease Term
hereof or as relieving LESSEE of its liability to surrender the Premises as provided in this
Lease.
NOTICE
Any notice from the LESSOR to LESSEE relating to the leased premises or to the
occupancy thereof
LESSOR'S INITIALS
g
LESSEE'S INITLALS
L
shall be deemed duly served, if mailed to the leased premises, registered or certified mail,
return receipt
requested postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to
the LESSOR
relating to the leased premises or to the occupancy thereof shall be deemed duly served if
mailed to the
LESSOR by registered or certified mail, retum receipt requested, postage prepaid,
addressed to the LESSOR at such address as the LESSOR may from time to time advise
in writing. All rent and notices shall be paid and sent to the LESSOR at:
TKC Investments LLC
21 Wormwood Street, Unit 402,
Boston , MA 02210
Notice to the Lessee:
,IDT INVESTMENTS LLC
21 Wormwood Street, Unit 402.
Boston , MA 02210
SURRENDER
The LESSEE shall at the expiration or other termination of this lease remove all
LESSEE'S goods and effects from the leased premises (including, without hereby
limiting the generality of the foregoing, all signs and lettering affixed or painted by the
LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the
LESSOR the leased premises and all keys, locks, thereto, and other fixtures* connected
therewith and all alterations and additions made to or upon the leased premises, in the
same condition as they were at the commencement of the term, or as they were put in
during the term hereof, reasonable wear and tear and damage by fire or other casualty
only excepted. In the event of LESSEE'S failure to remove any of LESSEE'S property
from the premises, LESSOR is hereby authorized, without liability to LESSEE for loss or
damage thereto, and at the sole risk of LESSEE, to remove and store any of the property
at LESSEE'S expense, or to retain same under LESSOR'S control or to sell at public or
private sale, without notice, any or all of the property not so removed, and to apply the
net proceeds of such sale to the payment of any sum due hereunder, or to destroy such
property
LESSOR'S LN1TIALS
6
LESSEE'S INITIALS
`
•
i
BROKERAGE
LESSEE warrants and represents that it has dealt with no broker in connection with the
consummation of this lease except for seller's broker. Only and in the event of any
brokerage claim against the LESSOR by any other broker, predicated upon prior dealings
with LESSEE, LESSEE agrees to defend the same and indemnify and hold LESSOR
harmless against any such claim. All fees due to Brad Kuhrtz are due and payable by the
LESSOR.
OCCUPANT ACKNOWLEDGEMENT OF SECURITY POLICY
1. No Representations. Occupants acknowledge that neither Owner nor
Management has made any representations, written or oral, concerning the safety
of the facility or premises or of the effectiveness or operability of any security
devices or security measures.
2. No Warranty or Guarantee. Occupants acknowledge that neither Owner nor
Management warrants or guarantees the safety or security of Occupants, or their
guests, customers, patients or invitees against the criminal or wrongful acts of
third parties. Each Occupant, guest, customer, patient or invitee is responsible for
protecting his or her person and property.
3. No Reliance on Security Devices or Measures. Occupants acknowledge that
security devices or measures may fail or be thwarted by criminals or by electrical
or mechanical malfunction. Therefore, Occupants acknowledge that they should
not rely on such devices or measures and should protect themselves and their
property as if these devices or measures did not exist.
DEFAULT
In the event of any failure of LESSEE to perform any of the terms, conditions or
covenants of this Lease to be observed or performed by LESSEE, LESSOR shall give
LESSEE written notice of such default. LESSEE shall have thirty (30) days after receipt
of such notice to cure said default. After said thirty (30) day period has expired,
LESSOR shall have the right to declare LESSEE in breach of the Lease by delivering
written notice of such breach to LESSEE in hand. LESSEE shall be deemed to be in
breach of this Lease ten (10) days after receipt of said breach notice, provided said breach
has not been cured prior to the expiration of said ten (10) day period. LESSEE's terms,
conditions or covenants under this Lease, including all rent obligations shall continue
during any such cure period provided that the use and operation by LESSEE at the
premises is not impeded in any way. LESSEE shall not have the right to withhold rent for
any reason unless the property is substantially damaged or destroyed and LESSEE cannot
conduct its business at the premises.
LESSOR'S INITIALS
7
LESSEE'SINITL&LS
AUTHORITY
Whoever executes the Lease on behalf of LESSOR and the LESSEE certifies and
represents personally and individually to each other, by affixing his/her signature to the
Lease that such person is presently duly authorized to sign same on behalf of the
LESSOR and the LESSEE.
DEFINITION
The terns "LESSOR" and "LESSEE" shall be deemed to include their heirs, executors,
administrators, successors and assigns, whenever the context so admits.
ADDITIONAL TERMS:
IN WITNESS WHEREOF, THE LESSOR AND LESSEE have hereunto set
their hands and common seals this day of May, 2021
LESSOR:
BY:
TKC Investments LLC
LESSEE:
BY:
LESSOR'S INITIALS LESSEE'S INITLALS
8
Order Confirmation
Not an Invoice
Account Number:669892
Customer Name:Brewster Board Of Selectmen/Legals
Customer
Address:
Brewster Board Of Selectmen/Legals
2198 Main St
Brewster Ma 02631-1852
Contact Name:Andreana Sideris
Contact Phone:
Contact Email:
PO Number:
Date:05/18/2023
Order Number:8845345
Prepayment
Amount:
$ 0.00
Column Count:1.0000
Line Count:1.0000
Height in Inches:0.0000
Print
Product #Insertions Start - End Category
NEO wickedlocal.com 2 05/26/2023 - 06/02/2023 Govt Bids & Proposals
NEO CAP Cape Codder 2 05/26/2023 - 06/02/2023 Govt Bids & Proposals
Total Order Confirmation $36.40
1/2
Ad Preview
2/2
TO: The abutters of 2671 Main Street, Brewster MA 02631
To Whom It May Concern.
Please note that JDT Investments LLC, d/b/a The Kitchen Cafe, has filed an application for an
Annual Entertainment License with the Select Board. Below is the legal advertisement that will run
in the May 26, 2023, and June 2, 2023, edition of the Cape Codder and online.
TOWN OF BREWSTER
PUBLIC HEARING
ENTERTAINMENT LICENSE
The Brewster Select Board will hold a public hearing to review a request for an annual
entertainment license from JDT Investments LLC, d/b/a The Kitchen Café located at 2671 Main
Street. The hearing will be held on Monday, June 5 at 6:30pm. All interested parties are
invited to attend.
This hearing will be conducted in person at 2198 Main Street, Brewster MA 02631. As a
courtesy only, access to the hearing is also being provided via remote means in accordance
with applicable law. Please note that while an option for remote attendance and/or
participation is being provided as a courtesy to the public, the hearing will not be suspended
or terminated if technological problems interrupt the virtual broadcast or affect remote
attendance or participation, unless otherwise required by law. Members of the public with
particular interest should make plans for in-person vs. virtual attendance accordingly.
Members of the public who wish to access the hearing remotely may do so in the following
manner:
Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID: 890 9291 0526 Passcode: 509224
To request to speak: Press *9 and wait to be recognized.
ZoomWebinar:
https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Passcode: 509224
To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized.
TOWN OF BREWSTER, MA
BOARD OF ASSESSORS
2198 Main Street Brewster, MA 02631
Custom Abutters List
Key ZipCd/CountryMailing City STOwnerParcel ID Location Mailing Street
MASOUTH YARMOUTH 026642639-2655 MAIN STREET P O BOX 524BREWSTER MAIN STREET REALTY LLC1625 89-18-0-R
(15-107)
MABREWSTER 026312663 MAIN STREET 2663 MAIN STREETBAIER MERIDITH TRUSTEE1436 89-19-0-R
CLARMAR TRUST(14-52)
MABREWSTER 026312689 MAIN STREET 34 RUSSET ROADN & N REAL PROPERTIES LLC1434 89-21-0-R
(14-50)
MABREWSTER 026312680 MAIN STREET 2907 MAIN STREETMOSTYN JOHN A TRUSTEE1442 89-24-0-R
OLD KING'S HIGHWAY NOM TRUST(14-59)
MASOUTH DENNIS 026602672 MAIN STREET 35 ROUTE 134 UNIT 1LEIGHTON KELLER LLC1438 89-25-0-R
(14-55)
MABREWSTER 0263135 WINSLOW LANDING ROAD P O BOX 687BAERGA LOUIS A & ANDREA C1413 90-15-0-R
(14-36-1)
MABREWSTER 0263134 WINSLOW LANDING ROAD 34 WINSLOW LANDING ROADELDREDGE MATTHEW R & KRISTINA M1416 90-63-0-R
(14-36-5)
Page 15/18/2023
for Parcel 89/20/0
89-18-0-R
BREWSTER MAIN STREET REALTY LLC
P O BOX 524
SOUTH YARMOUTH, MA 02664
89-19-0-R
BAIER MERIDITH TRUSTEE
CLARMAR TRUST
2663 MAIN STREET
BREWSTER, MA 02631
89-21-0-R
N & N REAL PROPERTIES LLC
34 RUSSET ROAD
BREWSTER, MA 02631
89-24-0-R
MOSTYN JOHN A TRUSTEE
OLD KING'S HIGHWAY NOM TRUST
2907 MAIN STREET
BREWSTER, MA 02631
89-25-0-R
LEIGHTON KELLER LLC
35 ROUTE 134 UNIT 1
SOUTH DENNIS, MA 02660
90-15-0-R
BAERGA LOUIS A & ANDREA C
P O BOX 687
BREWSTER, MA 02631
90-63-0-R
ELDREDGE MATTHEW R & KRISTINA M
34 WINSLOW LANDING ROAD
BREWSTER, MA 02631
♦•
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In celebration of Earth Day 2023, join us for
BEAUTIFY BREWSTER
A day of service and cleanup for the Town of Brewster!
Saturday, April 29th, 2023
Rain date: Sunday, April 30th
Start times vary, depending on location.
Organized by
Brewster Department of Natural Resources
and The Cape Cod Anti-Litter Coalition
Sponsored by
Green Road Refill Brewster Ace Hardware Home Depot
Mid-Cape Home Centers Ocean State Job Lot Trader Joe’s
Stop & Shop Shaw’s Market Ocean Edge Resort
Brewster Pizza Laurino’s Pepsi Cola Café Alfresco
Brewster Inn & Chowder House Brewster Farms Market
Trash bags & safety vests provided!
For more information:
rburch@brewster-ma.gov
megmorris141@gmail.com
Hope to see you there!
With your help, we can create a
litter free Brewster!
FOOD RELATED TRASH WASTE
NUMBER
OF
VOLUNTE
ERS
BAGS, grocery 190 1560+277
BAGS, retail thick 37
BOTTLES, glass 396 TOP FIVE 2023 2022
BOTTLES, nips 3590 CIG BUTTS 13673 10274
BOTTLES, plastic, soda 222 NIPS 3590 2767
BOTTLES, plastic, water 253 BEV CANS 1001 887
BOTTLES, plastic, other 244 FOOD WRAP 723 727
CANS, beverage 1001 PLASTIC BITS 1628 1435
CANS, food 29
CAPS, LIDS plastic 535 # PIECES 27559 22216
CAPS, LIDS metal 240
WRAPPERS, food 723
FOOD WRAPPERS & CONTAINERS 74
CONTAINERS, take out, foam 142
CONTAINERS, take out, paper 137
CUPS, single use 397
CONSTRUCTION MATERIAL 0
RUBBER, TIRE, AUTO pieces 163
E-WASTE 21
FOAM PIECES 338
GLASS PIECES 457
PLASTIC PIECES 1628
POWER/CABLE CONST WASTE 2
CIGARETTE & PERSONAL HYGIENE TRASH 0
CIGAR tips 80
CIGARETTES butts/filters 13673
CONTAINERS, dip 71
E-CIGARETTE 69
LIGHTERS 15
PACKAGING 387
COVID/MEDICAL TRASH 137
PERSONAL HYGIENE TRASH 86
Lottery tickets 30
Misc. Pieces of PAPER 333
MISC. TRASH 0
UNRECOGNIZABLE 557
STRAWS 253
CLOTHING, SHOES/TEXTILES 131
FOIL/METAL 507
OTHER 57
DOG WASTE, #BAGS 7
CAR PARTS 32
SHINGLES 16
PLASTIC BUCKETS/GARDEN POTS 3
BAGS OF TRASH 1
BIKE CHAIN 0
FLAGS 1
BALLS 2
STRING/ BALLOONS 10
AQUACULTURE BAGS/TAGS 20
BAIT BAGS 4
LOBSTER POT IDS 15
LOBSTER POT VENTS 15
LURES, HOOKS, LINE 9
NETS, PIECES OF NETS 20
ROPE 75
STRAPPING BANDS 3
TRAPS,POTS, PIECES 1
WASTE WATER DISCS 0
MICROPLASTICS 4
HYPODERMIC NEEDLE 2
WHIPPED CREAM CONTAINERS 0
CANNIBIS JOINT PLASTIC CONTAINER 0
CHRISTMAS TREE AND WREATH 0
INSULATION/PLASTIC SHEETS 18
GLASSES 1
LAMPSHADE 0
MONEY 3
SHEETROCK 0
BABY DIAPER 2
TOOTHPICKERS 6
FISHING ROD 0
SHOTGUN SHELL CASINGS 19
TOYS 4
GOLF BALLS 8
POLITICAL SIGNS 2
ZIP TIES 22
JEWELRY 1
FOOD 28
TOTAL PIECES 27559
NOTE 1 - 3 FULL TRASH; LITTLE RECYCLABLE
SLEEPING BAG. FOOD
ELECTRIC RAZOR, SCREWDRIVER BATTERIES
Year Contact Company
2023 Assistant Manager Kathy Hinckley Home Center
2023 Manager John/Asst. Mgr. Sonya Ocean State Job Lot
2023 Manager Ray/Asst. Mgr. Brian Stop & Shop Orleans
2023 Mgr. Cassidy Cofran Shaw's Orleans
2023 Mgr. Lynne Andreozzi Stop n Shop Harwich
2023 Mgr. Lino Lima Stop n Shop Dennis
2023 Owner Jim Baskin Ace Hardware Brewster
2023 Mgr. Matt Ziehl Home Depot Hyannis
2023 Dan Taylor, Manager Mid Cape Home Center Orleans
2023 Donations Mgr. Laura Grossman Trader Joe's Hyannis
2023 Owner Jeff Laurino's Brewster
2023 Owner Chris and Jimmy Cafe Al Fresco Brewster
2023 Owner Rage Patel Brewster Farms
2023 Owners Jamie and Danielle The Kitchen Cafe Brewster
2023 Owner Bob Ford Brewster Chowder House
2023 Assoc. Adm. Asst. Meg Marshall Pepsi Bottling Company
2023 Owner Stammti Brewster Pizza
2023 Bob Newman Ocean Edge Resort
Str Add Town St Zip Product
138 MA-137 Harwich, MA 02645 25 dowels for pickers
260 Upper County Road Dennis, MA 02639 a $125.00 gift card
24 Massachusetts 6A Orleans, MA 02653 a $50.00 gift card
9 West Road Orleans, MA 02653 a $50.00 gift card
Rt. 39 and Rt. 137 Harwich Commons Harwich, MA 02645 a $25.00 gift card
500 Rt. 134, Patriot Square Mall South Dennis, MA 02660 a $50.00 gift card
2632 Main Street Brewster, MA 02631 5 boxes of white trash bags; 5 clear trash bags
65 Independence Drive Hyannis, MA 02601 $250.00 worth of containers and trash pickers
5 Main Street Orleans, MA 02653 a $100.00 gift card
655 Massachusetts 132 Hyannis, MA 02601 $60 worth of snacks
3668 Main Street Brewster, MA 02631 lasagna, chicken and penne pasta, pasta with meat sauce
1097 Main Street Brewster, MA 02631 25 chicken salad wraps
2771 Main Street Brewster, MA 02631 bags of snacks
2671 Main Street Brewster, MA 02631 25-30 assorted wraps and chips Asst. Mgr Jesse
1933 Main Street Brewster, MA 02631 chowder and crackers
103 State Road Sagamore, MA 02562 15 cases of sparkling waters
2655 Main Street Brewster, MA 02631 9 pizzas
ryan to SEND EMAIL assorted desserts and pastries
2022 Year in Review
C A P E C O D C O M M I S S I O N
Work to address housing,
fresh and coastal water qual-
ity, climate change and coastal
resiliency, economic stability,
and infrastructure were Com-
mission priorities in 2022 and
continue to be at the fore-
front of our agency’s work and
many others across the region.
Partners in these efforts, from
non-profit organizations and
the business community to
our local and regional govern-
ments, are critical to support a
strong future for Cape Cod.
As we continue to address our
region’s most critical chal-
lenges, we are being inten-
tional about considering our
most vulnerable populations
and ensuring that equity
principles are integrated
throughout our work.
Significant effort on our Fresh-
water Initiative and the devel-
opment of a Regional Housing
Strategy for Cape Cod contin-
ues to be a focus of the Com-
mission. Addressing the health
of our freshwater resources
and working to ensure housing
is affordable and attainable for
those who need and want to
live and work in our region are
issues of utmost importance.
We are also continuing to
implement the Cape Cod Cli-
mate Action Plan by engaging
students through our Climate
Ambassador program, find-
ing solutions to protect our
region’s low-lying roads, work-
ing to enhance the region’s
electric vehicle infrastructure,
and developing climate tools
for our local communities.
In 2022, we released the Early
Education and Childcare
Needs Assessment, which
provided a stark picture of
the high cost and lack of avail-
able, quality childcare in the
region. The report included
several strategies to meet the
needs of our community, and
we will continue to work with
towns, legislators, businesses,
and residents to help imple-
ment these strategies and
solutions.
It was inspiring to gather with
hundreds of local leaders and
stakeholders once again at
this year’s OneCape Summit.
Conversations on- and off-
stage demonstrated the care
members of our community
have for the region. Present-
ers highlighted local successes
in advancing water quality,
providing affordable child-
care, and paving the way for
improved access to affordable
housing. We convened with
regional organizations around
the issues of freshwater and
climate action and welcomed
speakers from across the
country who shared their
innovative approaches for
tackling housing affordability
and availability.
The Commission is also com-
mitted to community collab-
orations that support safe and
reliable canal crossings as part
of the once-in-a-century proj-
ect to replace the iconic yet
functionally obsolete Bourne
and Sagamore bridges.
I am grateful for the part-
nerships that help us carry
out our mission of keeping
this special place special.
Together we are building a
stronger Cape Cod.
From the
Executive
Director
Kristy Senatori
Executive Director
2 0 2 2 Y E A R I N R E V I E W 3
F R E S H A N D C O A S TA L WAT E R Q U A L I T Y
Coastal Water Quality Efforts Continue Across Cape Cod
Towns across Cape Cod are taking
action to improve coastal water
quality. Local solutions are gaining
public support and many com-
munities are taking advantage of
available financing and funding.
While we have made progress,
much work remains to be done.
During this year’s OneCape Sum-
mit, local, regional, and national
experts and advocates highlighted
efforts to protect and preserve
Cape Cod’s water quality.
Massachusetts Secretary of
Energy and Environmental Affairs
Beth Card and Undersecretary
Gary Moran noted significant
progress in the seven years since
208 Plan implementation. They
discussed how the state can foster
long-term watershed permitting
plans that continue to improve
water quality on the Cape.
US EPA Deputy Administrator
Janet McCabe joined Cape Cod
Commission Executive Director
Kristy Senatori and Association to
Preserve Cape Cod (APCC) Execu-
tive Director Andrew Gottlieb for
a discussion about ongoing work
on the local and national levels to
address the region’s water quality
issues. McCabe highlighted signif-
icant resources available through
the EPA to help fund water quality
solutions over the next five years.
See more from the OneCape Summit
at: onecape.capecodcommission.org/
$28 Million
Awarded for
Water Quality
Projects
In June, the Cape Cod and
Islands Water Protection
Fund (CCIWPF) awarded
nearly $28 million in sub-
sidies to water quality
and wastewater projects
in four towns. The fund-
ing supported sewer
infrastructure or treat-
ment facility upgrades
in Barnstable, Chatham,
Falmouth and Orleans.
The town of Orleans was
also awarded over $4
million to implement a
permeable reactive bar-
rier. Since its inception
in 2018, the CCIWPF has
provided nearly $100
million in subsidies to
support critical waste-
water and water qual-
ity projects across the
region. Learn more at:
cccom.link/CCIWPF
CAPE COD FRESHWATER
INITIATIVE UNDERWAY
The Cape Cod Commission began work on the
Cape Cod Freshwater Initiative, a science-based,
information-driven planning process to protect and
restore Cape Cod’s freshwater resources. The effort
is supported by nearly $2.5 million in funding from
the Barnstable County Assembly of Delegates and
Board of Regional Commissioners.
Work completed in 2022 includes an update to the
Pond and Lake Atlas, creation of the interactive Pond
Viewer, development of pond profiles for each Cape
Cod town, and research on pond remediation and
restoration strategies. Contracts are also in place
with ERG to conduct an economic analysis of ponds
and lakes in the region and with APCC to collaborate
on development of a regional pond monitoring pro-
gram. In addition, the Commission and APCC hosted
three meetings of the Pond Network, a forum for
those interested in the current and future health of
ponds to share strategies, ideas, and knowledge.
Efforts will continue in 2023 with stakeholder meetings,
understanding the efficacy of remote sensing, devel-
opment of a regional pond monitoring program, and
more. Learn more at: capecodcommission.org/ponds
2 0 2 2 Y E A R I N R E V I E W4
F R E S H A N D C O A S TA L WAT E R Q U A L I T Y
Cape Cod Pond
and Lake Atlas
Released
In spring 2022, the Cape Cod Com-
mission released an updated Pond
and Lake Atlas to serve as a resource
for improving the health of ponds
and lakes on Cape Cod.
The Atlas examines the Cape’s fresh-
water bodies, covering pond ecol-
ogy, water quality, and strategies to
restore pond health. It provides a cur-
rent assessment of the importance of
ponds on Cape Cod, the threats they
face, and demonstrates the need for
action to improve and adequately
manage these valued and unique
resources. It is designed to support
renewed and expanded efforts on
pond management within the region.
The Atlas includes an updated listing
of the region’s 890 freshwater ponds
and lakes, along with a profile for
each town. The online Pond Viewer
was also released as a companion
tool to the Atlas. Together, the Atlas
and Viewer may be used to explore
Cape Cod’s ponds, ecology, and the
challenges they face.
The updated Pond and Lake Atlas
provides baseline information for
the Freshwater Initiative, a compre-
hensive planning process that will
define a path forward for improving
pond water quality across the region.
The Initiative will apply the “Cape Cod
model” of data-driven and collabora-
tive planning that was implemented
to address coastal water quality
issues in the 208 Plan Update.
Pond Viewer
Provides In-
depth Look
at Cape Cod’s
Ponds and
Lakes
The Pond Atlas Viewer
is an online map-based
tool that allows users to
view available data on all
the ponds and lakes on
Cape Cod. It also serves
as a companion resource
to the updated Pond and
Lake Atlas. Through an
interactive online inter-
face, users can zoom
into the map, view map
resource layers, select
ponds, and access geo-
graphic information
about ponds of inter-
est and their surround-
ing land uses. Geared
toward the typical res-
ident or visitor of Cape
Cod, the map viewer
may also serve as a plan-
ning and communication
resource as communities
consider management
actions to address pond
health. The Pond Viewer
will be updated to reflect
the best available data
and information.
IMPROVING HIGH GROUNDWATER
LEVEL ESTIMATION
The new High Groundwater Levels Data Viewer
is now the most up-to-date and accessible
data resource for determining seasonal high
groundwater levels across the Cape. Users can
search for or navigate to and click on a map
location, and a popup will display the applicable
index well, current water level, and required
groundwater adjustment. Explore: cccom.link/
groundwater-level-viewer
Find the Pond and Lake Atlas at:
capecodcommission.org/our-work/
ponds-and-lakes
Explore the Pond Viewer data: cccom.link/pond-atlas
2 0 2 2 Y E A R I N R E V I E W 5
F R E S H A N D C O A S TA L WAT E R Q U A L I T Y
Cape Cod Ponds Network Established
The Cape Cod Ponds Network
was convened in June as a
forum for pond stewards and
stewardship organizations
on Cape Cod, in response
to growing concern over the
health of the region’s fresh-
water ponds.
The network is coordinated
by the Cape Cod Commis-
sion and the Association to
Preserve Cape Cod, and cur-
rently includes more than 40
pond organizations.
The Ponds Network is
designed to provide a single
forum and meeting place for
pond groups across Cape
Cod. Members collaborate,
share resources, and work
together to identify areas of
emerging interest on pond
topics of regional relevance.
Feedback gathered through
the Ponds Network meetings
will be used to inform the
Cape Cod Freshwater Initia-
tive. The group will also help
advance the development
of strategies and solutions
to improve pond health that
are identified through the
Initiative.
DATA STORY: THE FRESHWATER CONNECTION
Freshwater ponds and lakes comprise nearly 11,000 acres, about 4% of Cape
Cod’s total acreage. The Data Story, featured in the Commission’s September
newsletter, highlighted the Ponds Viewer and related characteristics of Cape
Cod’s ponds and lakes. Callouts include pond size and depth, naming, and
information regarding delineated pond watersheds, and other pond char-
acteristics. Explore the data: datacapecod.org/pf/the-freshwater-connection/
Estimating
Stormwater
Impacts for the
Region with
HRUs
A new Storymap aims to
simplify estimating the
impacts of stormwater
runoff through the use
of Hydrologic Response
Units (HRUs). HRUs rep-
resent land areas of com-
mon physical character-
istics that are expected
to respond to precipita-
tion and weather events
in a similar way. Using
widely available data
layers and GIS software
to aggregate these char-
acteristics, estimates of
the major stormwater
concerns (flooding, nutri-
ents, sediment) can be
calculated. Commission
staff presented the HRU
Storymap during a SNEP
Network webinar in June.
Explore: cccom.link/HRU
The OneCape Summit hosted
Pond Network attendees at their
second meeting in August. Learn
more about the Pond Network at:
capecodcommission.org/ponds
2 0 2 2 Y E A R I N R E V I E W6
Housing Solutions and Strategies from
Local, Regional, and National Experts
Housing is a critical challenge facing
Cape Cod. Over the course of the
OneCape Summit, attendees heard
about existing collaborations and
new strategies for addressing the
region’s housing crisis.
Commission staff outlined the
Regional Housing Strategy that aims
to address housing supply, afford-
ability, and availability issues. Speak-
ers detailed the Commonwealth’s
housing priorities and offered
unique perspectives from across the
country, including strategies from
Vail, Colorado, Lake Tahoe, and the
City of Boston.
Experts from on- and off-Cape
shared recent local efforts to
advance Town Meeting articles in
support of housing development
and affordability and discussed
data, tools, and resources available
to Cape Cod communities to support
their housing goals.
Equity Driven Planning
Dr. Karilyn Crockett, Professor with the
MIT Department of Urban Studies and
Planning, led off the first day of plenary
session speakers with insights from her
work as the City of Boston’s first Chief
of Equity. She connected the Summit’s
efforts to strengthen the region with
bold thinking and commitments for equi-
ty-driven planning. Over the course of the
event Dr. Crockett and other speakers dis-
cussed designing planning processes and
solutions that incorporate and engage
vulnerable populations to ensure equity
across all priority initiatives.
2022 ONECAPE SUMMIT
IN REVIEW
The 2022 One Cape Summit, held in August,
welcomed more than 300 engaged and com-
mitted stakeholders in person for the first
time since 2019.
Designed to inspire informed action on our
region’s most pressing challenges, plenary
and breakout sessions held throughout the
two-day summit focused on ways to improve
housing affordability and accessibility, man-
age aging infrastructure, address marine
and freshwater quality, mitigate and adapt
to climate change, lay the foundation for
sustained economic development, ensure
equity in planning processes, and utilize the
best available data and information to make
informed decisions.
Over the course of the two-day summit,
inspiring speakers from across the region
and the country shared successes and les-
sons. The exciting conversations held both on
and off stage throughout the event have the
potential to translate into actionable steps to
solve our region’s most pressing challenges.
Explore all the 2022 OneCape Summit
resources and recordings at: onecape.
capecodcommission.org/
2 0 2 2 Y E A R I N R E V I E W 7
Florence Seldin Recognized with 2022 OneCape Award
The Cape Cod Commission
was honored to recognize Dr.
Florence Seldin with the 2022
OneCape Award for her many
remarkable contributions to
the community.
In addition to serving on
and holding leadership roles
on many boards and com-
mittees within the Town of
Chatham, she served as rep-
resentative to the Cape Cod
Commission from 2006 to
2009. Her legacy will live on
with the Dr. Florence Seldin
Family Support Program,
which provides funding to
help Chatham families access
preschool programs.
The OneCape Award is pre-
sented annually, during
the OneCape Summit, to a
person or organization that
exemplifies outstanding
leadership and dedication to
Cape Cod.
Economy and
Environment
Highlights
Over the course of the Summit,
the Commission’s mission to
balance environmental protec-
tion with economic progress
was reflected across speakers
and sessions.
Northeast Clean Energy Coun-
cil President and former Mayor
of Somerville Joe Curtatone
spoke to local leadership and
the climate economy, noting
the intersectionality of regional
issues and pathways for oppor-
tunity. His remarks connected
the importance of climate action
with exciting new business
development and economic
opportunities.
Plenary speakers and break-
out sessions aimed to highlight
ongoing work to improve the
region’s access to affordable
childcare, including an over-
view of the Early Education and
Childcare Needs Assessment
findings, the impact of child-
care on our local economy, suc-
cessful local efforts to provide
affordable childcare to resi-
dents, and legislative priorities
designed to improve affordabil-
ity and access to childcare.
COASTAL EROSION AND POND HEALTH
MOBILE WORKSHOPS
A guided tour of the Monomoy National Wildlife Refuge and
Jackknife Cove in Chatham offered mobile workshop attendees
a firsthand look at the rapidly changing coastline and offered
information on ways the community is building resiliency. A
separate tour of Pilgrim Lake in Orleans and Hinckley’s Pond
in Harwich offered attendees a better understanding of the
functions and stressors of Cape Cod’s freshwater resources
with an onsite workshop on pond ecology.
OneCape Summit 2022 proceedings
are available online. View all plenary
and breakout session recordings:
onecape.capecodcommission.org/
2 0 2 2 Y E A R I N R E V I E W8
C L I M AT E C H A N G E A N D C O A S TA L R E S I L I E N C Y
Strengthening the Region’s Low-lying Roads
Work is underway with all 15 Cape Cod communities
to examine vulnerabilities in the roadway network
and identify solutions.
Launched in 2021, work on the Low-Lying
Roads project ramped up in 2022, with work-
shops and site visits taking place in the towns
of Barnstable, Bourne, Brewster, Dennis,
Eastham, Orleans, Sandwich, Wellfleet, Truro,
and Yarmouth.
With funding support from the U.S. Economic Devel-
opment Administration and the Massachusetts
Municipal Vulnerability Preparedness (MVP) pro-
gram, the Commission contracted with the Woods
Hole Group to conduct a vulnerability assessment
of roadway segments, bridges, and culverts due to
flooding from the combined effects of sea level rise
and storm surge, employing state of the art model-
ing and community engagement to identify and pri-
oritize low lying roads to target for action.
Each town will receive three conceptual designs and
estimated costs for alternative solutions for two road-
way segments. The designs delivered should provide
communities with enough information to choose a
solution and seek funding for implementation.
CLIMATE ACTION PLAN
IMPLEMENTATION
The Cape Cod Climate Action Plan provides a
framework for adapting to and mitigating the
impacts of climate change on Cape Cod. Since
its adoption last year, Commission staff and
partners have been actively implementing rec-
ommendations. While the Climate Action Plan
identifies specific recommendations for the
Cape Cod Commission, such as providing data,
information, resources and technical support
and identifying funding, successful implementa-
tion relies on collaboration and continued com-
munity engagement.
Over the last year, Commission staff have
worked to develop a suite of resources that
support local efforts to address climate impacts
within their communities. These include the Low
Lying Roads Project, model bylaws that address
coastal resilience, large-scale solar projects, and
electric vehicle infrastructure, along with a com-
prehensive set of floodplain design guidelines.
Work is also underway to create additional reg-
ulatory tools for development in the floodplain,
including a coastal floodplain zoning bylaw and
wetland regulations.
In addition to these regional efforts, imple-
mentation of the Climate Action Plan requires
that communities have the resources and
tools available to plan for and implement local
actions. This will remain a focus of the Commis-
sion’s work in the coming year.
Learn more at: capecodcommission.org/our-work/low-
lying-roads-project/
LOCAL HAZARD MITIGATION PLAN RANKS
HIGHEST IN THE STATE
Commission staff has provided assistance preparing hazard mitigation plans
in many towns across the region, including Eastham’s 2020 plan. In 2022, the
Eastham Hazard Mitigation Plan scored the highest in Massachusetts and the
third highest in New England for the Community Rating System (CRS) hazard
mitigation plan credit. Each town is reviewed every five years, and score
increases lead to improved insurance rates for town residents carrying flood
insurance. This year, all nine participating Cape towns received high marks.
2 0 2 2 Y E A R I N R E V I E W 9
C L I M AT E C H A N G E A N D C O A S TA L R E S I L I E N C Y
Model Bylaw Aims to Improve Access to Electric
Vehicle Charging Infrastructure
The Cape Cod Commission’s
model municipal electric
vehicle (EV) bylaw is designed
to serve as a resource for
communities seeking to
incorporate consideration of
EV charging infrastructure in
their local bylaws. The recom-
mendations proposed in this
model bylaw are intended
to be flexible. Municipali-
ties may tailor and select
requirements most applica-
ble to their jurisdiction, and
to fit their specific needs and
goals. Strategic planning and
regional coordination will
continue to encourage the
development of EV charging
infrastructure and increase
awareness of EV options in
support of the region’s green-
house gas reduction goals.
The transportation sector is responsible for 56% of the region’s
greenhouse gas emissions. Learn more about the EV model
bylaw by visiting: capecodcommission.org/our-work/model-
municipal-electric-vehicle-bylaw
Climate
Ambassador
Program
Continues
Twenty-two students from
nine Cape Cod schools partic-
ipated in the second session
of the Climate Ambassador
Program, held from January to
May 2022. The Program is an
initiative to educate, engage,
and empower young people
on Cape Cod to work together
to combat the impacts of cli-
mate change. Over the course
of seven meetings, students
engaged in conversations on
global, regional, and local cli-
mate causes and impacts,
carbon reduction strategies,
resiliency planning, and equity
considerations. They learned
from climate experts and
advocates, building a baseline
for informed engagement and
advocacy. In December, the
Commission issued a call for
applicants for the third ses-
sion of the Program, which will
take place in early 2023. Learn
more at: capecodcommission.
org/climate-ambassadors
PROTECTING AND PRESERVING CAPE COD’S
HISTORIC STRUCTURES IN THE FLOODPLAIN
Working with the United States
Army Corps of Engineers Silver
Jackets program and several
state and local partners, the Cape
Cod Commission is developing
guidelines for protecting and pre-
serving the region’s numerous
historic structures that lie within
flood areas. This fall, the team
evaluated 15 historic structures of
various sizes and settings within
historic districts in Provincetown,
Sandwich, and Falmouth. The
resulting report will detail flood-
proofing options suitable for spe-
cific building types and locations,
designed to aid the preservation
of historic properties and serve
as a resource for historic prop-
erty owners on Cape Cod and in
similar coastal communities.
2 0 2 2 Y E A R I N R E V I E W10
R E G I O N A L T R A N S P O R TAT I O N A N D I N F R A S T R U C T U R E
New Bridges Needed for Cape Cod
The US Army Corps of Engineers (USACE)
and the Massachusetts Department of
Transportation (MassDOT) continued
working on a plan to replace the Bourne
and Sagamore bridges and improve the
area’s transportation network.
In April, local, county, and state officials
met with Senator Edward Markey to
review potential funding sources and
reinforce the importance of the proj-
ect. The USACE and MassDOT discussed
their continued partnership for pursuing
federal funding opportunities, design-
ing and constructing the bridges, and
engaging Cape communities. The Cape’s
state legislative delegation and commu-
nity leaders highlighted key priorities,
including improved pedestrian and traf-
fic safety, highway improvements on
Route 3, and the importance of having
an iconic bridge design that reflects the
beauty of Cape Cod.
MassDOT held meetings in November to
provide the public with updates on the
proposed Cape Cod Bridges Program
including updates on bridge types under
consideration and next steps.
In December, the Cape Cod Commis-
sion, Cape Cod Chamber of Commerce,
and Association to Preserve Cape Cod
announced the formation of a Canal
Bridges Task Force. The Task Force will
share information, assist with outreach
efforts, collect and coordinate input,
and advocate for the replacement of the
Bourne and Sagamore bridges in a man-
ner that is in the best long-term interest
of the region and its people.
INITIAL WORK UNDERWAY FOR 2024
REGIONAL TRANSPORTATION PLAN
Every four years, Cape Cod
Commission staff under-
takes an update of the
Regional Transportation Plan
(RTP), a long-range compre-
hensive plan that includes all
the Cape’s modes of transportation. The RTP is the primary means by which
federal and state entities allocate funds to the Cape’s transportation needs.
The 2024 RTP will articulate the long-range vision for the future of transpor-
tation on Cape Cod, looking ahead to the year 2050. The Plan is expected
to include strategies to meet Climate Action Plan goals to reduce vehicle
miles traveled, support low and no-carbon transportation options, and to
accelerate the electrification of the transportation system.
Development of the plan began in the fall. The Cape Cod Metropolitan
Planning Organization is anticipated to finalize and endorse the final plan
in summer 2023. For more visit: capecodcommission.org/rtp/
Learn more about the new Canal Bridges Task Force: cccom.link/bridges-task-force
ROUTE 28 EAST HYANNIS
CORRIDOR STUDY UNDERWAY
Public meetings for the Route 28 East
Hyannis Corridor study were held in
the spring. The study area expands from
Yarmouth Road in Hyannis to East Main
Street in Yarmouth. Project outcomes will
include a set of recommendations to provide
safe and convenient access for all users of the
roadway system. For more information, visit
the project website at: capecodcommission.
org/Route28EastHyannis
2 0 2 2 Y E A R I N R E V I E W 11
R E G I O N A L T R A N S P O R TAT I O N A N D I N F R A S T R U C T U R E
CREATING COMPLETE STREETS
In 2022, the Cape Cod Commission worked with the towns of
Bourne, Falmouth, and Barnstable to create Complete Streets
Prioritization Plans—aimed at improving travel safety and comfort
for all street users. A new, interactive public comment tool was
created for each town. Users can learn about the project background,
see existing roadway features, and add suggestions such as bike
lanes, crosswalks, and stoplights, along with comments, directly to
the project area map. Learn more at: capecodcommission.org/our-
work/complete-streets/
DATA STORY: TRANSPORTATION IMPROVEMENTS
LEAD TO SAFER INTERSECTIONS
An analysis of roadwork projects completed through the Cape
Cod Transportation Improvement Program explores how recent
investments are improving safety at those locations. The story
also integrates the newly updated Crash Dashboard that visualizes
vehicle crashes and their related statistics from 2018-2020. Explore
the data: datacapecod.org/pf/improving-intersections/
Prioritizing Transportation
Safety
Safety is a priority that drives which trans-
portation studies the Cape Cod Commission
undertakes and how they are carried out. Both
the state and the region share a goal of Vision
Zero: no traffic fatalities are acceptable.
Each year, staff reviews safety issues in the
region and identifies safety projects that will
help advance solutions, with particular atten-
tion paid to bicyclist and pedestrian safety.
Region wide efforts include staffing the
MPO, providing a guiding regional vision and
investments, and conducting regional safety
analyses. Local safety projects include provid-
ing direct local assistance for municipalities
through the Complete Streets Program and
efforts like corridor and planning studies, per-
forming road safety audits and safety studies,
and the regulatory review of developments.
Learn more about transportation safety efforts:
www.capecodcommission.org/safety
Enhancing Regional Electric Vehicle Infrastructure
Planning for the future of
electric vehicle (EV) infra-
structure is a key ele-
ment of Climate Action
Plan implementation and
a priority for transporta-
tion initiatives.
In 2022, the regional EV charging station siting
analysis was updated, reflecting current gaps in
charging station availability and high-demand
locations for future stations across the region.
A new model municipal EV bylaw was created
to serve as a resource for Cape Cod communi-
ties seeking to incorporate consideration of EV
charging infrastructure in local bylaws.
Recharge Massachusetts invited the Cape Cod
Commission to join its Participant Program. The
Program creates a space to recognize work in
the EV sector and creates a platform for organi-
zations to share knowledge, best practices, and
lessons learned along the way.
In addition, Route 6 was designated an “Alter-
native Fuel Corridor” by the Federal Highway
Administration on their National EV Alternative
Fuel Corridor Map. This status can help priori-
tize funding of EV fast charging locations.
2 0 2 2 Y E A R I N R E V I E W12
L O N G - T E R M E C O N O M I C S TA B I L I T Y
Data Cape Cod Expands Online Resources
The Cape Cod Commission’s new
Data Cape Cod website, launched
in February, aims to make complex
data and information about the
region’s people, places, and econ-
omy more accessible.
Featuring more than 20 interactive
dashboards and maps, Data Cape
Cod includes information across a
host of topics, such as the region’s
year-round and seasonal popula-
tions, real estate trends, housing
affordability, unemployment data,
small business information, and
other economic metrics.
Data Stories have become a regular
feature on the Data Cape Cod site,
providing additional detail and con-
text for regional challenges.
DATA STORY: A WIDENING GAP: HOUSING & EARNINGS ON CAPE COD
Explore how median sales prices for sin-
gle-family homes on Cape Cod have increased
at nearly 3 times the rate of average weekly
wages between 2019 and 2021, widening the
gap between income and housing costs. An
interactive dashboards allow for comparison
between towns and against state and US.
Regional Housing Strategy
Underway
In 2022, the Cape Cod Com-
mission began work on a
Regional Housing Strategy
that will address housing
supply, affordability, and
availability issues by identi-
fying appropriate areas for
housing development and
creating policies and strat-
egies to further the plan’s
goals. The effort is supported
by $932,576 from Barnstable
County’s allocation of fund-
ing from the American Res-
cue Plan Act.
Efforts have included struc-
turing a robust stakeholder
process, data collection and
review of housing plans
from other regions to sup-
port the planning process,
the creation of town-by-
town and regional housing
profiles and typologies to
help understand the cur-
rent housing landscape.
The planning process will
result in a strategy that
includes actionable recom-
mendations responsive to
the needs and preferences
of Cape Cod and tools and
resources such as design
guidelines and model bylaws
that communities can imme-
diately implement.
Explore the data: datacapecod.
org/pf/housing-earnings-
may-2022/
Explore all the Data Cape Cod resources: datacapecod.org/
2 0 2 2 Y E A R I N R E V I E W 13
L O N G - T E R M E C O N O M I C S TA B I L I T Y
LICENSE PLATE GRANT PROGRAM FUNDS NEW
HOUSING TOOL | In May, the Association to Preserve Cape
Cod and the Housing Assistance Corporation launched Grow
Smart Cape Cod, a mapping project that illustrates priority areas
for natural resource protection and for affordable moderate-
density housing development. The project was funded in 2020
by the License Plate Grant Program, which is administered by
the Barnstable County Economic Development Council and
the Cape Cod Commission on behalf of the Barnstable County
Commissioners. Explore the map: growsmartcapecod.org/
REGIONAL ECONOMIC PLANNING CONSIDERS
CHALLENGES TO DEVELOP SOLUTIONS
As part of the Cape Cod Commission’s economic development efforts,
the agency advances the development and implementation of the
Cape Cod Comprehensive Economic Development Strategy (CEDS).
The CEDS outlines a five-year action plan that aligns with regional
priorities. As the Barnstable County Economic Development Council
perpares to undertake the next update to the CEDS in 2023, they are
learning more about regional challenges including childcare, water
quality, climate, housing, and regional infrasructure.
Expanding Virtual
Stakeholder Engagement
The pandemic provided opportunities to
experiment with new and expanded tech-
nologies to create interactive experiences
that will be a component of robust public
engagement well into the future.
Using ArcGIS Experience Builder software,
Cape Cod Commission staff built a new online,
interactive public comment tool for Complete
Streets projects that offer information on the
project background, display existing features,
and provide a platform for public comments.
Several Cape Cod Commission projects
and initiatives now include interactive pub-
lic comment tools, including the Town of
Barnstable’s Local Comprehensive Plan and
the Commission’s Low-Lying Roads Project.
Comments and feedback gathered from
these tools serve as vital components for
plan development and implementation.
Childcare Needs Assessment
Report Released
Supported by $200,000 in
state funding, the Cape Cod
Commission collaborated
with Barnstable County and
the Rennie Center for Educa-
tion Research & Policy to con-
duct a survey-based needs
assessment related to early
education and childcare for
Cape Cod and the Islands.
The project aimed to better
understand existing levels of
provision and needs in the
early education and childcare
industries, identify gaps in
services, and explore poten-
tial strategies for improving
the accessibility of services
in the region.
The assessment was informed
by existing research and sur-
veys of families with small chil-
dren and childcare providers.
The report identifies several
areas for high-impact invest-
ment and action that include
providing childcare scholar-
ships and supporting afford-
able housing options for child-
care workers.
Learn more from the report:
capecodcommission.org/our-
work/childcare
Kristy Senatori, Executive Director
Abigail Bliss
Chelsea Bruck
Siobhan Cavacco
Sarah Colvin
Evan Costa
Gail Coyne
Emma Curran
Patty Daley
Philip Detjens
Lisa Dillon
Danielle Donahue
Martha Hevenor
Elizabeth Kellam
Sarah Korjeff
Tara Lewis
Kathleen Mason
Maria McCauley
Heather McElroy
Colleen Medeiros
Phil Mele
Cory Murray
Evan Moorman
David Nolan
Timothy Pasakarnis
Erin Perry
Alex Peterson
Gary Prahm
Jessica Rempel
Anne Reynolds
Jeffrey Ribeiro
Carolina Romero
Chloe Schaefer
David Still
Steven Tupper
Jordan Velozo
Michele White
Jessica Wielgus
2022 new hire
2022 departure
Cape Cod Commission Staff
Harold Mitchell | Sandwich, Chair
Fred Chirigotis | Barnstable
Stephen Mealy | Bourne
Elizabeth Taylor | Brewster
Tom Wilson | Chatham
Richard Roy | Dennis
Joyce Brookshire | Eastham
Robert Mascali | Falmouth
Jacqueline Etsten | Harwich
Ernest Virgilio | Mashpee
Douglas Fromm | Orleans
Dr. Cheryl Andrews | Provincetown
(January - March)
Peter Okun | Provincetown
(March - Present)
Kevin Grunwald | Truro
Richard Elkin | Wellfleet
Dennis Prebensen | Yarmouth
Ron Bergstrom | County Commissioner
John D. Harris | Minority Rep.
David Weeden | Native American Rep.
Michael Maxim | Governor’s Appointee
Cape Cod Commission Members
Cape Cod
Commission
members and staff
were busy with an
active regulatory
calendar in 2022.
The year saw more
than 60 meetings,
subcommittee
meetings, hearings,
and the first
Commission member
workshop convened
in-person since the
pandemic.
The continuous
dedication of
members and staff
to the mission of
“keeping a special
place special”
highlights their
commitment to
the important work
of the Cape Cod
Commission.
�,,
C A P E C O D C O M M I S S I O N
3225 Main Street • P.O. Box 226 • Barnstable, MA 02630
Phone: 508-362-3828 • Fax: 508-362-3136
www.capecodcommission.org
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
brewster-ma.gov
Office of the:
Select Board
Town Manager
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 Planned New Industrial Discharge of
Radioactive Waste from the Decommission Pilgrim Nuclear Power Station into Cape
Cod Bay Ocean Sanctuary
Dear Secretary Tepper and Director Engler:
The Town of Brewster Select Board voted on June 5, 2023 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 the 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.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
brewster-ma.gov
Office of the:
Select Board
Town Manager
Sincerely,
_______________________ _________________________
David Whitney, Chair Edward Chatelain, Vice Chair
________________________ _________________________
Kari Hoffmann, Clerk Mary Chaffee
_____________________________
Cindy Bingham
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
Archive d: Friday, June 2, 2023 3:13:48 PM
From: Nugent / Cerrone
M ail re ce ive d time : Sun, 28 May 2023 20:00:34
Se nt: Sun, 28 May 2023 20:00:25
To: Peter Lombardi
Cc: Cernug@capecod.net
Subje ct: Fw: Barnstable County Human Rights Advisory Commission
Importance : Normal
Se ns itivity: None
Attachme nts :
Town Liaison Outreach Document (1) (4).pdf; Liaison Responsibilities.pdf;
Peter--I am the Sandwich liaison to the Barnstable County Human Rights Advisory Commission and am trying to finda liaison for Brewster.
The BCHRAC works to protect and promote human rights in Barnstable County. We support people who cometo the BCHRAC with human rights concern, and refer them to other local, state and federal agencies. Many of thesecases involve illegal discrimination, which is the unfair treatment and lack of equal opportunity afforded to residents of theCounty due solely to their membership in a protected class. Protected classes are set out in the included attachments.
The BCHRAC also conducts educational forums to teach County residents what human rights are and to spreadthe word of our work and of the Advisory Commission.
The BCHRAC welcomes diversity among our members and our liaisons but this is a preference only and If anyone is interested, please refer them to me at cernug@capecod.net or at 774-238-9904.
Thank you, Lou Cerrone
Currently Seeking Town and Tribe Liaisons
Background
It is the Policy of Barnstable County to promote equal opportunity for all persons of Barnstable
County regardless of race, color, religious creed, national origin, gender, age, ancestry, sexual
or affectional preference, marital, family or military status, source of income, neighborhood or
disability, where unlawful discrimination exists in housing, employment, education, public
accommodations, town or county services, insurance, banking, credit and health care.
The Barnstable County Human Rights Advisory Commission (HRAC) fulfills this promise by:
engaging with communities, residents and visitors across the County; promoting equality and
human rights; and conducting human rights-related education and outreach. To achieve the
most favorable outcomes for the Member Communities and the individuals we all serve, the
Barnstable County Commission approved Ordinance 22-01 which provides for the Select Board
or Town Council of any town and the Mashpee Wampanoag Tribal Council to appoint one
representative to participate in the HRAC or Committee meetings, as a non-voting liaison.
Purpose
The Barnstable County Human Rights Advisory Commission is now seeking Town and Tribal
input into the selection of such representation and invites Member Communities to join the
HRAC to collectively address challenges that transcend town borders. We expect and hope that
given such a seat at the table, Member Communities will have a voice at the County level in
confronting human rights issues and promoting well-being and equality for all.
Note that HRAC serves Barnstable County Government and the citizens of Barnstable County
in an advisory capacity and in no way intends to drive activities or decisions that conflict with
police and enforcement powers granted to and reserved to other agencies of the
Commonwealth of Massachusetts by the General Court.
Commitment
The Barnstable County Human Rights Advisory Commission meets one time a month on the
third Monday of the month from 5pm to 6:30pm via an Internet application (Teams.)
The liaison would be asked to attend the monthly meeting as well as join one of the designated
sub-committees. Sub-committees also meet one time a month, or more often as needed or
when an event is upcoming. Two annual events sponsored by the BCHRAC are the Human
Rights Academy and the Awards and Recognition Breakfast.
Contact
If you have questions or have a selected liaison, please contact:
Human Rights Coordinator:
Leslie Dominguez-Santos
Leslie.dominguez-santos@capecod.gov
508-375-6611
HRAC Chair:
Jeanne Morrison
Jeanne137@verizon.net
HRAC Outreach Chair:
Barbara Morton
Barbara10Morton@gmail.com
Barnstable County Human Rights Advisory Commission (HRAC)
Town Liaison
LIAISON RESPONSIBILITIES
The Barnstable County Human Rights Advisory Commission (HRAC) was re-structured under
Ordinance 10-19, and then followed by Ordinance 22-01, with a focus on assuring equal
opportunity for all persons in Barnstable County regardless of race, color, religious creed,
national origin, sex, age, ancestry, sexual or affectional preference, marital, family or military
status, source of income, neighborhood or disability where unlawful discrimination exists in
housing, employment, education, public accommodations, Town and County services, insurance,
banking, credit, and health care.
The HRAC is comprised of nine voting members and two alternates, nominated by the Board of
Regional Commissioners, who represent the diversity of population, towns, and skills across
Barnstable County.
The HRAC also includes representational liaison seats for all 15 towns and the Wampanoag
Tribes in Barnstable County. Liaisons from each community will assist in collectively addressing
human rights issues in the County that transcend town boundaries. Liaisons work to ensure that
each Barnstable County community has a voice for human rights at the County Level.
Town and Tribal Liaisons to the HRAC must be residents of Barnstable County. Town and Tribal
Liaisons are appointed by each town’s Select Board, Town Council, or Tribal Council.
Liaisons are encouraged to:
1. Attend HRAC meetings. The HRAC shall meet no less than four times per year. All
meetings must comply with Massachusetts Open Meeting Law.
2. Function as an informational conduit between the HRAC and the community served.
Invite HRAC members to attend events in your community. Participate in HRAC events.
Help to get the word out in your community about human rights events.
3. Serve as a relational conduit between the HRAC and community served. Assist in
community-based relationship building with local organizations, elected and appointed
officials, etc.
4. Assist in educating the community served about human rights and protected classes.
Support the development and coordination of educational forums and events.
5. Assist one HRAC committee and the projects and initiatives undertaken
12/19/22
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: Planning Board/ ADUs
DATE: May 26, 2023
At its meeting on Wednesday, May 24, 2023, the Planning Board voted to pursue potential
amendments to the Accessory Dwelling Unit (ADU) provisions of the Brewster Zoning Bylaw
and directed me to communicate the same to the Select Board.
Over the next few months, the Planning Board will hold workshops, hearings and listening
sessions to engage and take input from the public, Town staff and related boards like the ZBA
and housing partnership, which will inform preparation of draft amendments. This, of course,
would be followed by the statutory hearing process required under the State Zoning Act. The
Board would aim to complete the proposed amendments for consideration at this Fall’s Town
Meeting.
The Planning Board proposes to commence this work immediately and will review a timeline
and work plan at its next meeting on June 14th.
To give you some idea of the ADU issues the Planning Board has discussed to date and might
address moving forward, I have attached memoranda from housing and planning staff that were
previously reviewed by the Planning Board.
I would be happy to discuss the foregoing with the Select Board at your convenience.
Thank you.
ENC
cc: Amanda Bebrin, Chair, Planning Board
Peter Lombardi, Town Manager via email
Donna Kalinick, Assistant Town Manager via email
Jill Scalise, Housing Coordinator via email
ADU Memo 4/27/23 Page 1
Date: April 27, 2023
To: Planning Board
From: Jon Idman, Town Planner
Re: ADU provisions revisited- Talking Points and Considerations
ZBL Sections 179-2, 179-42.2, Table 1, Table 2
_____________________________________________________________________________________
A. Policy Considerations
a. Whether to consolidate ADUs and “accessory apartment” uses
b. Owner Occupancy
i. Allow part-time residents/ not principal residents to have ADU?
ii. Recognize bona fide temporary absences of owner?
iii. Offer a ZBA special permit to rent both units? Condition to year-long lease?
c. Add ‘Purpose’ statement, underscoring year-round housing opportunities.
d. Clarify further that ADUs are not commercial uses, not for short term rentals, and that
properties w/ ADUs remain single family residential properties.
e. 12 mo. lease ADU vs year-round housing: allow 6 mo. lease term as consistent with year-
round housing purpose?
f. Should there be an annual building permit cap on ADUs/ ACDUs (which the ZBL currently
contains-20)?
g. ADUs: ‘subordinate to…’ vs ‘consistent with single family residential use’
h. Eliminate % size approach of ADUs to main dwelling.
i. Introduce new concept of not severing ‘ownership’ or use between principal dwelling and
ADU.
B. Administrative Considerations
a. Difficulty/ fairness of administering ADU size as a percentage of principal dwelling.
i. Unfairly advantages large main dwellings.
ii. May require an addition to main dwelling to achieve reasonably-sized ADU.
iii. “Zeno’s Paradox” problem of ADUs in main dwelling- size of ADU must be
deducted from main dwelling but size of ADU is based on existing floor area of main
dwelling.
b. Replace “Habitable Area”- not a defined term and has a special meaning under the SBC.
c. Special Permits
i. Zone II and PB Watershed- there are already flow and nitrogen controls on
development?
ii. There is no Herring River Watershed map in the ZBL.
iii. Is 30,000 sq ft the right threshold for a ‘small lot?’ Look at historical zoning?
d. Difficult enforcement: ADU vs. Residential Accessory Building w/ Bedrooms. Allowable in
same structure?
e. New ADU zoning permit/ registration program to document compliance.
Town Of Brewster
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x1133
Office of:
Planning Department
ADU Memo 4/27/23 Page 2
f. Clarify “Dirt Road Special Permits” and ADUs.
C. Mechanical Drafting Issues
a. ADU definition: Substantive terms should be moved to main provisions of ZBL.
i. Align definition for consistency with other existing related definitions (“dwelling
unit”) (“habitable area” vs. “net floor area”) and ADU provisions in body of ZBL.
b. Clarify that all ADUs are subject to ZBLs dimensional requirements (not just setbacks).
i. Recognize that setback analysis for buildings in R districts is complicated (e.g.
nonconforming structures; pre-existing developed lots).
Brewster’s Experience: ADU, ACDU, & Accessory Apartments since 2018 Bylaw
Comments from Brewster Housing Program, Jill Scalise, Housing Coordinator
1. Town Permits since 2018: 29
Accessory Dwelling Units (ADUs)- 16
- 14 by special permit (Zoning Board of Appeals (ZBA))
o In water protection area- 10 total, 7 in Zone 2; 3 in DCPC
o Lot under 30,000’ - 3
o Other- 1 (also modifications to a B & B)
- 2 by right (identified by Building Department and included in data)
Accessory Apartments- 7 (all ZBA special permits)
Accessory Commercial Dwelling Units (ACDUs)- 1 (permitted by Planning Board)
Security Apartments- 3 (all permitted by Planning Board)
Affordable Accessory Dwelling Unit (AADU)- 1 (old bylaw, Special Permit 4.10.18; CO 5.17.19)
Pre-existing apartment over retail- 1, Special Permit amended to remove owner occupancy
requirement.
2. Town Observations:
- Consistently receive inquiries from Brewster residents about ADUs. Very occasional
requests about accessory apartments. Hardly any inquiries about ACDUs.
- While we can record the number of permits issued, it’s an administrative challenge to
accurately count the number of ADUs created and in use. There is no uniform
mechanism to confirm that units are complete and occupied.
- Challenges noticed or expressed by residents:
o Septic requirements – number of bedrooms and/or water protection district
o Lot size- septic requirements and/or special permit path
o Percentage requirement- ADU can’t be more than 40% of the habitable area of
the principal dwelling.
o Principal residency requirement. Part-year residents have been interested in
having a year-round ADU.
o Cost to design and build ADU.
- The Building Department’s guidance, ADU/ACDU information sheet, has been helpful.
- The affidavit process has been difficult to set in place and oversee.
- The ADU and Special Permit process can intimidate people. Concerns include completing
forms and representation before the ZBA.
- Regularly refer people to and communicate with ADU resource programs (CDP & HAC).
This includes assistance with ADU process and possible funding.
3. Resources now available & their feedback to the Town:
Lower Cape ADU Resource Center: Community Development Partnership (CDP) and Homeless
Prevention Council (HPC) Lower Cape Housing & ADU Resource Center
May 2022– March 2023
Received approximately 100 inquiries from the Lower Cape
17 inquiries from Brewster.
Over half of Brewster inquiries were from folks aged 60 or older.
14 feasibility studies, 3 pending. Almost all require special permits because of Zone 2 or
under 30,000’.
5 households are still interested.
CDP’s experience of barriers to creating Brewster ADUs
o Cost of ADU
High price of construction $400-$450/ square foot
o Putting out money before knowing if an ADU can be permitted and/or built.
It can cost $5,000-$10,000 for site plans and architectural drawings.
o Fear or concern of going before ZBA intimidates people. This also overlaps with
the pre-permit financial costs.
o Cumulative impact – cost, lot size or Zone 2, # bedrooms & septic system, ZBA,
length of time to wait…it can become overwhelming.
o Part-year residency. Brewster may be the only Town on the Lower Cape that
requires owner to be a full year resident.
Housing Assistance Corporation (HAC) My Home Plus One ADU Program
My Home Plus One ADU Program - Housing Assistance Corporation Cape Cod (haconcapecod.org)
16 Brewster inquiries.
The biggest obstacles people are facing include septic capacity, lot size, cost, lack of contractor
availability, and wetland restrictions.
4. Next Steps
- Housing Production Plan Strategy #1:
o Reevaluate the existing ADU and ACDU bylaws and other references to
accessory apartments; explore amendments to streamline these provisions
and improve their efficacy.
- Continue improving information about the ADU process for Brewster residents.
- Continue internal communication, evaluation, and process improvements with
Building, Planning, Health, & Housing Departments.
- Keep open communication with ADU resources and programs.
- Consider Town outreach opportunities regarding ADUs & ACDUs.
6RE Wok
General Information
TOWN OF BREWSTER
2198 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-3701 En 1125
FAX: (508) 896-8089
EMAIL: BU I LDI NG @ BREWSTER-MA.GOV
OFFICE OF
BUILDING DEPARTMENT
ACCESSORY DWELLING UNITS (ADU) &
ACCESSORY COMMERCIAL DWELLING UNITS (ACDU)
The Accessory Dwelling Unit Bylaw is intended to provide additional year round housing options for
Brewster residents. Both ADU's and ACDU's may be located within the principle structure or in an
accessory building on the same property. While an Accessory Dwelling Unit is limited in size, there are no
restrictions on who can occupy it.
Size & Location
■ ACDU allowed only in the CH (Commercial High Density) and VB (Village Business) Zoning Districts
upon Board of Appeals Special Permit.
• ADU located in a Zone II and/or Pleasant Bay and Herring River watersheds allowed upon Board
of Appeals Special Permit.
• ADU on lots less than 30,000 square feet allowed upon Board of Appeals Special Permit.
■ ADU on lots of 30,000 square feet or greater allowed by building permit.
*ADU's shall have no more than 2 bedrooms and shall not exceed 900 square feet or 40% of the habitable
area of the principle structure, whichever is less.
**One parking space per ADU bedroom will be required.
Preliminary Steps for Property Owner
1. Verify property location relative to Zone II District, Pleasant Bay and Herring River Watershed
regions.
2. Verify that existing septic system is sized appropriately for additional bedrooms for the property.
3. Check on setbacks to property lines and wetlands if constructing a new building.
4. Review full Bylaw language found in Brewster Zoning Bylaws Section 2, Definitions and Section
42.2 and 42.3.
Restrictions and Special Considerations
• Owner of ADU must be a permanent resident on the property.
• ADU's and ACDU's shall not be used for short term rentals nor for renting of rooms or boarding of
lodgers.
• No more than two dwelling units on one property containing an ADU.
■ ADU property owner must file a notarized affidavit with the Building Department annually
attesting that either the principle dwelling or the ADU is the principle residence of the owner and
that the remaining dwelling is leased for periods not less than 12 months.
• ACDU property owner to file annual notarized affidavit attesting that the ACDU is leased for
periods of not less than 12 months.
N:\Building\ADU_ACDU\ADU BUILDING PERMIT REQUIREMENTS.doc
TOWN OF BREWSTER
2198 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-3701 EXT 1125
FAX: (508) 896-8089
EMAIL: BUILDING@BREwsTER-MA.GOV
�111LD1iUG PERMIT AP'irMinS
OFFICE OF
BUILDING DEPARTMENT
MATERIALS FOR ATTACHED OR DETACHED
ACCESSORY DWELLING UNITS (ADU),
ACCESSORY COMMERCIAL DWELLING UNITS (ACDU) OR
ACCESSORY APARTMENTS
• Information identified on Building Department Minimum Requirements to accompany all Building
Permit Applications for ADU's, ACDU's and Accessory Apartments.
• Submit proposed floor plans to Health Department.
• Submit scaled plans indicating labeled rooms, egress components, fire rated assembly
specifications (if attached to principle structure), fire alarm locations, energy conservation
information and interior room dimensions.
• For ADU's and ACDU's submit scaled floor plans of existing principle structure habitable space.
• Submit site plan indicating existing building and parking areas with each vehicle space measuring
a minimum of 10 feet by 20 feet.
• Brewster Building Department ADU/ACDU Addendum
**Please be aware that the State Building Code will need to be satisfied in creating an ADU, ACDU or
Accessory Apartment. It is suggested that an applicant consult with a construction supervisor or licensed
design professional prior to submitting an application to the Building Department.
N:\Building\ADU_ACDU\ADU BUILDING PERMIT REQUIREMENTS.doc
The following Code does not display images or complicated formatting. Codes should be viewed online. This
tool is only meant for editing.
Article IX
Special Regulations
§ 179-33 General provisions.
[Amended 5-14-1984 ATM, Art. 110]
The regulations which follow shall apply to the particular use or activity, whether it is permitted by right or
by special permit as an exception. In addition, the Planning Board, prior to the granting of a special permit,
may also impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood,
or otherwise serve the purposes of this chapter, including but not limited to the following: front, side or rear
yards greater than the minimum required by this chapter, screening, buffers or planting strips, fences or
walls, as specified by the Board; modification of the exterior appearance of the structures; limitation upon the
size, number of occupants, method and time of operation or extent of facilities, regulation of number and
location of driveways or other traffic features and off-street parking or loading or other special features
beyond the minimum required in this chapter.
§ 179-42.2 Accessory single-family dwelling units (ADUs).
[Added 12-3-2018 FYTM, Art. 12]
Accessory single-family dwelling units shall be permitted subject to the following standards:
A. An ADU may be located within or adjacent to a single-family house, or in a building accessory to a
single-family house, subject to the Definitions of § 179-2; the requirements of Table 1, Use Regulations,
and Table 2, Area Regulations/Minimum Required Lots; and all standards of this section.
B. An ADU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well), in
the watershed of the Herring River, or the watershed to Pleasant Bay, subject to approval of a Special
Permit by the Zoning Board of Appeals. All ADUs within these areas shall be required to install
advanced nitrogen treatment septic systems, if deemed necessary.
C. All construction in connection with an ADU attached to a principal dwelling shall conform to building
setbacks for a single-family house in the Zoning District where it is located.
D. Either the principal dwelling or the ADU must be occupied by the owner of the property, as defined in
§ 179-2 and the remaining dwelling unit shall be leased for periods of not less than 12 months. The
property owner shall be required to file a notarized affidavit with the Building Department annually,
stating that either the principal dwelling or the accessory single-family dwelling unit will be, and/or has
been, used as the principal residence of the owner for the next twelve-month period and that the
remaining dwelling will be leased for a period of not less than 12 months.
E. No more than 20 building permits shall be issued for the combined total of ADUs and ACDUs in a
single calendar year.
F. There shall be no renting of rooms or boarding of lodgers in an ADU.
G. An ADU shall conform to all applicable State and local laws regulating new construction or new
residential use including the State Building Code, and applicable plumbing, electrical, fire, health and
conservation regulations and bylaws. A Certificate of Occupancy shall be required for any ADU.
H. There shall be no more than two residential units in total on a lot containing an ADU.
I. A minimum of one parking space per bedroom of the ADU shall be provided.
J. An ADU shall be clearly subordinate in use, size and design to the principal single-family dwelling. An
ADU shall be designed so that, to the maximum extent practical, the appearance of the property on
which it is to be located remains that of a single-family residential property and the privacy of abutting
properties is maintained.
The following Code does not display images or complicated formatting. Codes should be viewed online. This
tool is only meant for editing.
Article I
General Provisions
§ 179-1 Authority; purpose.
A. The Brewster Zoning Bylaw, adopted in 1960, and all subsequent amendments thereto, hereinafter
called "this chapter," is adopted and from time to time amended as authorized by MGL c. 40A, as
amended, herein called the "Zoning Act," and by Article 89 of the Amendments to the Constitution, the
Home Rule Amendment.
B. In conjunction with the purposes stated in the Zoning Act, this chapter shall provide protection for
inland and coastal wetlands, as well as existing and potential watersheds, and shall give direction and
effect to the development objectives and recommendations contained in the Brewster Master Plan of
1970, as may be amended from time to time.
§ 179-2 Definitions.
A. Words used in the present tense indicate the future; the singular number includes the plural and the
plural the singular; the words "used" or "occupied" include the words "designed," "arranged,"
"intended" or "offered to be used or occupied"; the words "building," "structure," "lot," "land" or
"premises" shall be construed as though followed by the words "or any portion thereof," and the word
"shall" is always mandatory and not merely directory. [Amended 5-3-1999 ATM, Art. 29; 11-17-2003
FYTM, Art. 16]
B. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY SINGLE-FAMILY DWELLING UNIT (ADU)
A housing unit, complete with its own sleeping, cooking and sanitary facilities, that is accessory and
clearly subordinate to a principal dwelling. An ADU may be located within a single-family house
containing a principal dwelling, or in a building accessory to a single-family house. An ADU shall have
no more than two bedrooms and shall have a maximum habitable area of 900 square feet or 40% of the
habitable area of the principal dwelling, whichever is less. Unenclosed additions constructed to serve an
ADU such as an entry, secondary egress or exterior stairs shall not be included in the maximum
habitable area of the ADU.
[Added 12-3-2018 FYTM, Art. 12]
DWELLING, ONE FAMILY DETACHED
A single, separate dwelling unit, designed for occupancy by one family.
[Added 5-7-2012 ATM, Art. 23]
DWELLING UNIT
One or more living and sleeping rooms providing complete living facilities for the use of one or more
individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping,
eating, cooking and sanitation.
FAMILY
One or more persons, including domestic employees, occupying a dwelling unit and living as a single,
nonprofit housekeeping unit.
FLOOR AREA, NET
The sum of the areas of the several floors of a building measured from the interior faces of the walls. It
does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space
in accessory buildings or in the main building intended and designed for the parking of motor vehicles
in order to meet the parking requirement of this chapter or any such floor space intended and designed
for accessory heating and ventilating equipment.
ZONING
179 Attachment 1
Table 1
Use Regulations
Town of Brewster
[Amended 12-10-1979 STM, Art. 37; 5-12-1980 ATM, Arts. 39, 40 and 41; 12-8-1980 STM, Art. 18; 5-11-1981 ATM, Art. 32; 5-11-1982
ATM, Arts. 80 and 81; 5-14-1984 ATM, Arts. 100, 101 and 103; 8-27-1984 STM, Arts. 58 and 59; 5-13-1985 ATM, Arts. 89 and 93; 5-11-
1987 ATM, Art. 86; 5-9-1988 ATM, Art. 97; 10-17-1988 STM, Art. 26; 5-8-1989 ATM, Art. 47; 5-14-1990 STM, Arts. 6 and 10; 12-14-1992
STM, Art. 2; 11-15-1993 FYTM, Art. 20; 11-15-1999 FYTM, Art 23; 5-1-2000 ATM, Art. 35 11-17-2003 FYTM, Arts. 19 and 24;
11-18-2001 FYTM, Arts. 17 and 21; 5-3-2004 ATM, Art. 24; 11-15-2004 FYTM, Art. 17; 5-2-2005 ATM, Art. 31; 11-13-2006 FYTM,
Art. 25; 5-7-2007 ATM, Art. 24; 11-5-2007 FYTM, Art. 19; 11-17-2008 FYTM, Art. 18; 5-2-2011 ATM, Art. 33; 11-7-2011 FYTM, Arts. 13
and 17; 5-7-2012 ATM, Arts. 24 and 28; 5-6-2013 STM, Art. 6; 5-6-2013 ATM, Art. 23; 5-5-2014 ATM, Arts. 22 and 30; 12-3-2018 FYTM,
Arts. 11, 12, and 13]
KEY:
P =Permitted Use
S =Special Permit Use
Use with a dash ("-")=Prohibited Use
District
R-R R-L R-M C-H V-B I MRD PWS-CF
Residential
1.Accessory residential building P P P P P ---
2.Accessory commercial dwelling unit "ACDU"---S S ---
3.Accessory single-family dwelling unit "ADU" on a lot of 30,000
square feet or more
P P P S S ---
4.Accessory single-family dwelling unit "ADU" on a lot less than
30,000 square feet
S S S S S ---
5.Affordable multifamily dwelling units "AMFDU"---P ----
6.Cluster residential development S S S -----
7.Construction trailer P P P P P P --
8.Major residential development S S S S ----
9.Multifamily dwelling ---S ----
10.One-family detached dwelling unit P P P -P ---
11.One-family security dwelling ---P P P --
12.Planned residential development -S S -----
13.Row or town houses ---S ----
14.Subsidized elderly housing S S S S ----
179 Attachment 1:1 Supp 1, Nov 2019
ZONING
179 Attachment 2
Town of Brewster
Area Regulations
Minimum Required Lots1
[Amended 12-10-1979 STM, Art. 37; 5-12-1980 ATM, Art. 42; 5-14-1984 ATM, Arts. 104 and 105; 8-27-1984 STM, Art. 57; 5-13-1985 ATM, Arts. 66, 74
and 94; 5-12-1986 ATM, Arts. 35 and 36; 5-11-1987 ATM, Art. 82; 5-9-1988 ATM, Art. 96; 10-17-1988 STM, Art. 26; 11-13-2006 FYTM, Arts. 29 and 33;
11-5-2007 FYTM, Art. 13; 5-5-2008 ATM, Art. 20; 5-7-2012 ATM, Art. 26; 12-3-2018 FYTM, Art. 12]
179 Attachment 2:1 06 - 01 - 2019
BREWSTER CODE
District Use
Area
(square feet)
Lot Frontage2
(feet)
Yards3,4,5,6,7
Front
(feet)
Side
(feet)
Rear
(feet)
R-R Any permitted structure or principal use 100,000 plus 100,000 for the second
dwelling unit of a duplex
200 40 25 25
R-L Any permitted structure or principal use 60,000 plus 60,000 for the second dwelling
unit of a duplex
150 40 25 25
R-M Any permitted structure or principal use 60,000 plus 60,000 for the second dwelling
unit of a duplex
150 40 25 25
C-H Row commercial 40,000 150 30 20 20
Multifamily dwellings 130,000 plus 10,000 per bedroom 200 100 30 30
Hotel and motel 130,000 plus 2,000 per unit 200 100 30 30
Row house or townhouse 130,000 plus 10,000 per bedroom 200 100 30 30
Any other permitted structure or principal use14 15,000 80 30 15 15
V-B Any permitted structure or principal use 15,000 80 30 15 15
I Any permitted structure or use, other than those
listed above for the CH Zone (footnote 9)9
20,000 100 30 15 40
NOTES:
1 In general, only one principal structure shall be permitted on one lot. The exceptions are planned residential developments, row commercial development, subsidized
elderly housing, planned business developments, community facilities, building and construction trade shop or garage uses, public utilities, accessory single-family
dwelling units (ADUs), and accessory commercial dwelling units (ACDUs) that comply with all provisions of §§ 179-42.2 and 179-42.3, respectively. ADUs may be
permitted by right in the R-L, R-M and R-R zoning districts on lots of 30,000 square feet or greater, by Special Permit in these districts on lots less than 30,000 square feet,
and by Special Permit in the C-H, V-B and I zoning districts. Also, residential lots may contain two single-family units if the lot is twice that required by the Table of Area
Regulations for single-family residences in that district and if each unit is provided proper street access .
2 The width of the lot, measured at the front yard setback line, shall be at least 80% of the lot frontage.
3 At each end of a through lot, there shall be a setback depth required which is equal to the front yard depth required for the district in which each street frontage is located.
4 No building, except a boathouse or building used for agricultural purposes, shall be within 50 feet of any water body, watercourse or wetland area or, if subject to flooding,
within 50 feet beyond its flood line to the higher elevation.
5 Projections into required yards or other required open spaces are permitted subject to the following:
Balcony or bay window, limited in total length to 1/2 the length of the building, not more than two feet.
Open terrace or steps or stoop, under four feet in height, up to 1/2 the required yard setback.
Steps or stoop over four feet in height, windowsill, chimney, roof eave, fire escape, fire tower, storm enclosure or similar architectural features, not more than two feet.
6 Accessory buildings and structures. Any permitted accessory building in any R District shall conform to the following provisions:
It shall not occupy more than 40% of the required rear yard. It shall be not less than 40 feet for R-R and R-L Districts and 30 feet for an R-M District from any street lot
line and shall be not less than 25 feet in any R-R or R-L District or 20 feet in the R-M District from any lot line. It shall not exceed 30 feet in height.
A temporary stand for retail sale of agricultural or farm products, where permitted. May be six feet from the front lot line.
Any permitted barn shall be at least 50 feet from any street lot line or side or rear property line and at least 100 feet from any abutter's dwelling.
7 The front, side and rear yard clearances shown in this table for multifamily dwellings are applicable to each structure containing dwelling units. These distances should be
used as though each structure is set on a separate lot. For example, two structures sitting side by side would have side yard clearances each of 30 feet or a total of 60 feet
between the structures.
8 Intensity of use applications to nursing convalescent home. For purposes of interpreting the portion of this chapter, the term “unit” shall mean each bed designed for use by
an individual receiving care at such facility. The first three units of a nursing/convalescent home shall require a minimum land area equal to the lot requirements for any
179 Attachment 2:2 06 - 01 - 2019
XXXXXX
permitted structure or principal use in the district in which located, with the exception in the C-H District, where 20,000 square feet shall be required for the first three units
of a nursing/convalescent home. In all districts where such use is allowed, including by special permit, each additional unit shall require a minimum of 4,000 square feet of
land area. Front, side and rear yard requirements within the respective districts where special permits are required may be increased at the discretion of the Board of
Appeals, if the size of the project, proximity to incompatible adjacent uses or other factors potentially having an adverse effect on the health, safety or welfare of the
persons under care at such facility justifies a more extensive buffer from property lines. The Board of Appeals shall ensure that egress from such facility shall be on a street
which should be safe and adequate.
9 No building, loading space, parking space or structure, other than a sign, shall be located within 200 feet of the Industrial District boundary line in an Industrial District.
10 Exception, panhandle lots. This exception shall only apply to a single parcel of land at least three times the area required for a single lot in that residential district, intended
to be divided or subdivided into not more than two lots. Such a division or subdivision may be exempt from any or all of the requirements of the Town of Brewster
Planning Board rules and regulations, upon the express written approval of the Planning Board. The regulations for lot frontage as set forth in this section may be waived by
the Planning Board upon the following conditions:
There shall be no further subdivision of the lot(s).
The lots) shall be used for single-family residential purposes.
The area of the access to the lot as determined by the Planning Board shall not be used in determining lot size.
The access to the lot as determined by the Planning Board shall not be used to provide access to any other lots.
In no event shall the lot frontage and lot width be less than 30 feet.
Multiple use of this section of this chapter shall not be used as a means of accomplishing the subdivision of land without the construction of ways.
11 Cottage colony conversion. An existing nonconforming cottage colony may not be converted to a single-family dwelling use under separate ownership, unless the lot upon
which each building is located complies with the minimum requirements for single-family dwellings in the zoning district in which the land is located, and such
nonconforming cottage colony may not be converted to a single-family use under condominium-type ownership, unless the lot meets the minimum zoning requirements in
which the land is located.
12 For subsidized elderly housing, see S-I rather than Table 2.
13 An owner-occupied building containing two dwelling units, one of which shall be an accessory apartment with a net floor living area not exceeding 600 square feet, and
including not more than one bedroom, a kitchen, living room and bath, shall be allowed by a special permit granted by the Board of Appeals. Such dwelling shall be
deemed to be owner-occupied if either dwelling unit is occupied by the property owner of record on a year-round basis, except for bona fide temporary absences during
which the unit is not rented.14 Editor's Note: The C-L District which immediately followed was removed at the request of the Town
179 Attachment 2:3 00 - 00 - 0000
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Brewster Select Board
FROM: Donna J. Kalinick, Assistant Town Manager & Jill Scalise, Housing
Coordinator
RE: Housing Program Update
DATE: June 5, 2023
The Brewster Housing program has several ongoing and potential new initiatives that
may involve input and decisions from the Select Board in the next few months:
Brewster Affordable Housing Trust (BAHT):
As voted at May 2022 Spring Town Meeting, the BAHT has care, custody and control of
212 Yankee Drive, a single-family residence on our Subsidized Housing Inventory (SHI).
The BAHT has contracted with Housing Assistance Corporation and their sub, The
Resource Inc. (TRI) to rehabilitate the home and re-sell it to an eligible affordable
buyer. The home suffered severe water damage prior to 2018. The DPW has assisted
with landscaping and removal of some items. The remediation work and septic repairs
have been completed. The Town will be issuing an IFB in the next month to complete
the work required to bring the home back into livable standard. Funds for the work are
available from a Community Preservation Act grant for housing preservation as well as
undesignated Housing Trust funds. The cost is expected to exceed $50,000. According
to the BAHT bylaw, the Select Board has to approve expenditures that involve real
property that exceed $50,000. We expect to have the house fully rehabilitated in the fall
and to hold a lottery for the affordable resale.
The BAHT held a joint meeting with the Community Preservation Committee in January.
At that meeting, it was decided that the BAHT would take over the administration of the
Brewster Buydown program. The last of the $360,000 CPC funds that were dedicated to
the current Buydown fund were expended in March. The BAHT will be putting in an
application for $250,000 to the CPC for the November Town meeting to continue this
program. Information about the Buydown program is included in your packet as well as
a request to sign a letter of support for the CPC application. For the past six years
the standard Buydown award was $30,000. This is no longer adequate, and awards
are expected to range to $50,000. However, if the BAHT were to award over $50,000,
further approval would be required by the Select Board.
Office of:
Town Manager
Housing
1
The Millstone Community Housing initiative of building 45 units of rental housing on
Municipal Land off Millstone Road is currently in the comprehensive permit phase.
Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC)
filed for their comprehensive permit in late December and the first hearing was held in
February. The Zoning Board of Appeals closed the public hearing on May 9th and will be
reviewing a draft decision at their next meeting on June 13th. If the comprehensive
permit is issued, the Select Board will then have 90 days to make a request to the
Executive Office of Housing and Livable Communities (EOHLC), formerly known as the
Department of Housing and Community Development (DHCD), for up to 70% Local
Preference. The Housing Program will be holding a joint Local Preference information
session for the Select Board, Housing Trust, Housing Partnership, CPC and Finance
Committee prior to this decision coming before the Board. We also expect POAH & HAC
to apply through the CPC in the next funding round and to the BAHT for local funds to
support the community build.
In March the BAHT voted to designate funds for a part-time, up to 19 hours, Housing
Assistant to help implement the Town’s Housing Program. The position will begin in
FY24 and be funded with Housing Trust funds. A meeting is scheduled with the Human
Resources Director to create a job description and discuss the hiring process.
The BAHT has been having discussions about initiatives that are in varying stages of the
legislative process including year-round deed restrictions and Real Estate transfer tax.
These are policy decisions that have an impact beyond just the Housing program. The
Trust would request that the BAHT and Select Board have a joint meeting to get more
information on these programs and discuss next steps. It may also be prudent, given
the growth of the Housing Program, that we discuss revising the BAHT bylaw to
increase the amount that the BAHT can approve without Select Board approval. We
look forward to reviewing our current initiatives as we all work together to increase
housing options in the Town of Brewster.
FYI: Additional Housing Updates
The regional Community Development Block Grant (CDBG) for Childcare and Housing
Rehabilitation continues to serve the Brewster, Dennis and Wellfleet Community. The
FY21 childcare program is currently assisting 10 Brewster children, with $36,000
encumbered. 5 Brewster housing rehabilitation projects have also been approved in
FY21. The Town has submitted a FY22/23 grant application and is waiting on the
funding decision.
Habitat for Humanity of Cape Cod expects to begin marketing shortly on the two
Phoebe Way affordable homes. Habitat is waiting for the state’s final approval of the
affirmative fair housing marketing plan. One of the homes is a veteran’s preference.
2
Attachments:
1. Affordable Housing Trust Program Guidelines and Application
2. Affordable Housing Trust Bylaw
3. Parameters of Proposed BAHT Buydown Program
4. Proposed Application for the Housing Trust Buydown Program
5. Draft Letter of Support for BAHT Buydown Program
3
Town of Brewster
Affordable Housing Trust Fund
Program Guidelines & Application
Brewster Affordable Housing Trust Fund
Ned Chatelain
Tim Hackert
Madalyn Hillis-Dineen
Vanessa Greene
Donna Kalinick
Paul Ruchinskas
Maggie Spade-Aguilar
Staff contact: Jill Scalise, Housing Coordinator
Approved by the Brewster Affordable Housing Trust September 1, 2022
4
Brewster Affordable Housing Trust Program Guidelines and Application 2
Program Guidelines & Application
Table of Contents
Housing Guidelines Page #
I. Brewster Affordable Housing Trust Mission Statement & Goals 3
II. Roles and Responsibilities of the Housing Trust 4
III. Priorities of the Housing Trust 5
IV. Eligible Activities 7
V. Funding Guidance 9
VI. Project Monitoring 10
VII. Reporting 11
VIII. Periodic Updating of the Guidelines 11
IX. Application Process 11
X. Selection Criteria 13
XI. Application Form/ Attachment List 14
Glossary of Housing Terms available at: (Link to be added with new website)
5
Brewster Affordable Housing Trust Program Guidelines and Application 3
Town of Brewster
Affordable Housing Trust Fund
Program Guidelines and Application
I. Brewster Affordable Housing Trust Mission Statement and Goals
Housing Trust Mission Statement:
The Brewster Affordable Housing Trust (“BAHT”) seeks to expand and preserve year-round
rental and ownership homes that are affordable to moderate, low, and very low income
households. Our efforts will foster a welcoming environment for demographically and socio-
economically diverse populations. The BAHT is committed to education, collaboration, and
community engagement.
- Accepted April 4, 2019
Brewster Affordable Housing Trust (BAHT) Goals
The Trust has identified the following goals to use as guiding principles to implement Trust
Mission Statement:
1. Develop and Preserve Affordable Housing: The BAHT will develop and preserve
affordable housing and support the work of others seeking to do the same. Our work will serve
very low-, low-, and moderate-income individuals and families, which means households with up
to 100% Area Median Income (AMI).
2. Educate: The BAHT will work to educate individuals and organizations about Brewster’s
community housing and why affordable housing is important to the town, its residents and
visitors. Coordinating with the Brewster Housing Partnership (BHP), we will partner with other
housing organizations from within and outside Brewster to provide educational opportunities to
our citizens.
3. Advocate and collaborate: The BAHT will advocate for development proposals, projects,
local bylaws, state and federal laws, and other programs that advance our mission to create and
preserve affordable housing. We will collaborate with local, state, and federal officials as well as
public, non-profit and for-profit entities to achieve our goals.
4. Engage and Communicate: The BAHT will engage and communicate with town residents,
and listen to, and learn from, their ideas, so that our work reflects a broad consensus.
Originally approved by the Brewster Affordable Housing Trust August 15, 2019
6
Brewster Affordable Housing Trust Program Guidelines and Application 4
II. Roles and Responsibilities of the Brewster Affordable Housing
Trust
Purpose of the Trust:
The purpose of the Trust is to provide for the preservation and creation of affordable housing in
the Town of Brewster for the benefit of low and moderate income households and for the
funding of community housing as defined in and in accordance with the provisions of
Massachusetts General Laws, Chapter 44, Section 55C. The Trust can use property, both real and
personal, and expend funds as the Board of Trustees deems most appropriate to carry out such
purpose consistent with the policies adopted from time to time by the Select Board regarding
affordable housing.
Management of the Trust:
The Trust is governed by a Board of Trustees consisting of seven Trustees who are appointed by
the Select Board for a term of two years. The Board is comprised of one member of the Select
Board, Housing Partnership, Community Preservation Committee, and Planning Board; two
residents at large; and the Town Administrator or his designee.
The Powers of the Trustees:
As stated in the Declaration of Trust, the Trustees may undertake any activity that would create
and preserve affordable housing for the benefit of low and moderate income households. Their
powers include, but are not limited to, the right to receive, purchase and convey real or personal
property; to sell, lease, exchange or transfer property; to execute deeds, contracts, and grant
agreements; to employ and compensate advisors and agents; to borrow money; to manage or
improve real property and to abandon property which the Board determines not to be worth
retaining; to issue policy goals and statements to serve as guidelines for the Trust and to provide
funds for the benefit of low and moderate income households to assist in the acquisition,
creation, preservation, rehabilitation and support of housing affordable for such families. Any
expenditure of funds in an amount over $50,000, and any sale, lease, exchange, transfer of
conveyance of property having a value in excess of $50,000, requires the approval of the Select
Board.
Funding of the Trust:
The Brewster Affordable Housing Trust Fund (the “Trust Fund”) was initially funded by the
dissolution of the Affordable Housing Fund and the transfer of the funds to the Trust Fund.
Community Preservation Act (“CPA”) funds, in accordance Section 5 of the CPA, may be
allocated to the Trust Fund. CPA funds appropriated into the Trust Fund may be used only for
CPA approved activities, such as the acquisition, creation, preservation, and support of
community housing, and for the rehabilitation of community housing acquired or created using
CPA Funds. Additionally, the Trust Fund has received free cash from the Town of Brewster,
including a portion of Brewster’s Short Term Rental Revenue; these monies are not subject to
the CPA restrictions, but are required to be used for the purposes of the Trust.
7
Brewster Affordable Housing Trust Program Guidelines and Application 5
III. Housing Trust Priority Initiatives for FY 2022-23
A. Develop and Preserve Affordable Housing:
Develop new affordable housing (by building):
o Support and advance the development of community housing on the
Millstone Road property. Subsequent to RFP issuance, select developer
and support their efforts to develop rental housing in a timely manner.
Determine the amount of funding that the Trust should reserve for a
potential request, provide support through funding cycles and permitting
process, continue to engage the public.
o Participate in the exploration of the potential development of community
housing on the Cape Cod Sea Camps Parcels.
Develop new affordable housing (without building):
o Evaluate the effectiveness of the current accessory dwelling unit bylaws
and advocate for policy, financial, or implementation changes if necessary.
o Evaluate the effectiveness of the current rental voucher program.
o Revisit the feasibility of a rent-to-own program.
Evaluate the effectiveness and reach of the existing Community Development
Block Grant (CDBG) home rehabilitation program, refine procedures, and study
whether the Trust needs to explore supplementing the program in any way.
Continue to work to preserve the existing 3 Subsidized Housing Inventory (SHI)
homes in distress and other units through outreach and, when required, with
financial support.
Work with the Community Preservation Committee (CPC) to determine the future
of the Brewster Buy Down program
Develop rules and program guidelines for the BAHT, particularly around funding
requests
Participate in the Local Comprehensive Plan (LCP) process, including advocate
and explore a review of current zoning as it relates to housing.
B. Educate:
Hold at least annual forums and Select Board updates as well as regularly post
information on the Town website.
o Community Housing Fair and Forum
Hold ongoing joint meetings with other committees such as CPC, BHP, SB & FC
Hold, and/or participate in, Community Housing education sessions and forums
that address or include Fair Housing, Local Preference, and Regional
Partnerships.
8
Brewster Affordable Housing Trust Program Guidelines and Application 6
C. Advocate and Collaborate:
Advocate for the Trust’s current funding strategy that includes allocations from
the Community Preservation Act (CPA), dedication of the short-term rental
revenue, free cash and/or budget allocations, and Community Development Block
Grant (CDBG)
Develop a 5-year Financial Plan
Advocate for a more flexible CPA funding formula
Explore other potential Trust funding
Update Housing Production Plan
Participate in the Local Comprehensive Plan (LCP) planning process
Work with other housing partners in Town and in surrounding Towns.
For example:
o Partner: Explore partnering with local entities for street/yard clean-ups like
the Big Fix or Huckleberry Lane event.
o Support: local initiatives such as Accessory Dwelling Unit (ADU) bylaw
review with BHP, Community Preservation Committee (CPC) Buy-Down
Program, Cape Housing Institute, Habitat for Humanity Red Top Road,
Serenity at Brewster, and Cape Cod Sea Camps.
o Network: Attend events and communicate with housing partners.
o Guide: With other Town entities (including Open Space) create guidelines
for land. Review town parcels and properties for suitability for housing.
D. Engage and Communicate:
Provide opportunities for residents to share their thoughts and ideas.
o Community Housing Forum
o Continue engagement with residents during the Millstone Road developer
selection process.
o Citizen’s Forum
o Develop a diversity inclusion working group
Approved by the Housing Trust January 6, 2022
9
Brewster Affordable Housing Trust Program Guidelines and Application 7
IV. Eligible Activities
The Trust Fund can be used to support the following activities. Note that CPA funds must be used
only for those purposes specified in the CPA as allowable activities, while the Trustees may use
non-CPA funds for programs offering a broader range of purposes that are consistent with the
Declaration of Trust and the provisions of MGL Chapter 44, Section 55C.
A. PRESERVATION PROGRAMS
Preservation of Subsidized Housing Inventory (SHI) Affordable Homes:
1. Housing Preservation and Improvement Activities
The BAHT received a CPA grant of $500,000 in November 2019 to assist in the
preservation and acquisition of SHI homes. Funds will be prioritized for
affordable homes identified as non-compliant (for example, uninhabited) and/or
at risk of losing their affordable deed restriction.
In certain instances, the BAHT may use funds to preserve affordability of units
already included in the Town’s Subsidized Housing Inventory (“SHI”) by
providing funds for repairs necessary to enable residents to continue to reside in
their homes. This may include the purchase of homes in specific circumstances.
CPA Allowable Activities: CPA funds may be used for repairs that are necessary
to preserve affordable housing from injury, harm or destruction, which may
include, but are not limited to, the following:
Building envelope and site work to preserve the structural integrity of the homes
Roof, siding and window replacements to assure the water tightness of the
housing units
Upgrading of dangerous electrical or plumbing systems
Replacement of dangerous building systems that threaten the housing units
Failed Septic Systems
Installation of hard-wired smoke alarms, sprinklers and other building fire
suppression systems
Funds cannot be spent for maintenance or operating costs
Whether the BAHT will fund a particular project depends on the facts involved in each case, the
amount of funds sought, the eligibility of persons seeking assistance, the necessity of the repairs,
the funds available to the BAHT to support such program, whether the homes were acquired or
created originally with CPA funds, and other factors. The BAHT may obtain new deed
restrictions on properties to ensure the future affordability of the homes. There is no guarantee of
financial assistance.
10
Brewster Affordable Housing Trust Program Guidelines and Application 8
B. SUPPORT PROGRAMS (Loans/Grants for Individuals)
1. Brewster Rental Assistance Program
Provide a monthly rent subsidy and support to income eligible households. This program
is currently managed by Housing Assistance Corporation (HAC) for the BAHT. For more
information, see the Housing Office Webpage or this link: Microsoft Word - FACT SHEET
Brewster Rental Assistance Program.docx (brewster-ma.gov)
CPA Allowable Activities:
Grants, loans, rental assistance, interest-rate write downs or other assistance
directly to individuals who are eligible for community housing for the purpose of
making housing affordable
2. Brewster Affordable Home Buyers Buy-Down Program
The Town of Brewster, through Community Preservation Funds, provides up to $30,000
of grant assistance for eligible buyers purchasing a home in Brewster. The program,
contingent on existing funds, is available to households qualifying at 80% AMI (Area
Median Income) who agree to place a permanent affordable housing deed restriction on
the home. The grant assistance is provided as an interest free loan which is forgivable
after 30 years if the owners remain in compliance with the terms of the restriction. This
program is overseen by the Community Preservation Committee and specific applications
for this program are available at Town Hall and on the Housing Office webpage: Buy-
Down Ready Buyer Application (laserfiche.com)
CPA Allowable Activities:
Grants, Loans, Rental assistance, interest-rate write downs or other assistance
directly to individuals who are eligible for community housing for the purpose of
making housing affordable
3. Community Development Block Grant (CDBG) Housing Rehabilitation &
Childcare Assistance Program
CDBG housing rehabilitation and childcare assistance funds are available for low to
moderate income Brewster households earning up to 80% of the Area Median Income.
Housing Rehabilitation funds can provide a 0% interest, deferred, forgivable loan to
make critical home repairs. The program is designed to improve the housing conditions
of income qualified households. Funds up to $50,000 are available to eligible residents to
pay for critical home repairs, like: roofing and siding, electrical, heating and plumbing
work, structural repairs, lead paint abatement and energy efficiency upgrades such as
windows and storm doors. This program is managed by The Resource Inc. (TRI) and
applications are available from TRI at jean@theresource.org. Childcare funding offers
eligible families subsidies of up to $6,000 per child, to assist families in seeking or
maintaining employment. Bailey Boyd Associates oversees the Childcare assistance and
applications are available here: Childcare Programs — Bailey Boyd Associates.
11
Brewster Affordable Housing Trust Program Guidelines and Application 9
C. CREATION PROGRAMS (Development Loans/Grants)
1. DEVELOP NEW RENTAL HOUSING (Rental Expansion Program)
New Construction Units
Provide funding assistance to developers for construction of new affordable rentals with
deed restrictions required for long-term affordability.
2. DEVELOP NEW HOME OWNERSHIP HOUSING (Home Ownership
Expansion Program)
New Construction Units
Provide funding assistance to developers for construction of new home ownership
properties with deed restrictions required for long-term affordability.
V. Funding Guidance
The BAHT has established the following funding guidelines for eligible activities:
All financial transactions undertaken by the BAHT where Community Preservation Act
(CPA) funds are used must comply with the requirements of the Community Preservation
Act (CPA).
All affordable rental and homeownership units created through new construction must be
deed restricted.
Development loans provided under the Home Ownership and Rental Expansion Program
are limited to up to $100,000 per affordable unit and a maximum project amount
determined by the Trust. Tax credit units are limited to $50,000 per affordable unit. The
BAHT will determine the applicable interest rate to assist with project feasibility.
Payments will be deferred until the property is transferred unless the recipient is
determined to be in violation of loan terms (allowances for extenuating circumstances with
an appeal process), in which case payments will be due. Any loan proceeds will be
deposited into the Housing Trust Fund. All loans must be secured by a mortgage against
the property and may be subordinated to other project lenders. Deed riders for 10-15 years
are required for projects where the loan is more than $20,000 per unit and required for at
least 30 years or in perpetuity for loans of $50,000 or more per unit.
For rental developments, the project sponsor must enter into a Regulatory Agreement with
the Town and subsidizing agency that insures affordability in perpetuity to the greatest
extent possible.
A Land Development Agreement will be required for any Town-owned land.
12
Brewster Affordable Housing Trust Program Guidelines and Application 10
In addition to BAHT approval, expenditures over $50,000 require Select Board approval.
Funding is directed to creating and preserving affordable housing for low and moderate
income households, as defined below:
Low-income housing – Housing for those persons and families whose annual income
is at or below 80% of the area median income (AMI) for the Barnstable County area as
determined annually by the U.S. Department of Housing and Urban Development
(HUD) and adjusted by household size.
Moderate-income housing – Housing for those persons and families whose annual
income is above 80% AMI but at or below 100% AMI for the Barnstable County area
as determined annually by HUD and adjusted by household size.
While funded projects can include income tiers above the 100% AMI threshold, the Trust
Fund cannot be used for projects that are solely targeted to income levels above the 100%
level.
Funding guidelines can be waived or modified, if permitted under applicable law,
upon a majority vote of the BAHT and, if required, by the Select Board.
VI. Project Monitoring
The BAHT, with staff support from the Housing Office and/or management agency,
will work with the state’s Department of Housing and Community Development
(DHCD) and project sponsors to insure that all units that have been funded by the Trust
Fund are eligible for inclusion on the SHI, meet all requirements to be counted as part
of the SHI, and are monitored to ensure the continued affordability of such units.
BAHT will also monitor the affordability of units that have received Trust funds but are
not eligible for inclusion on the SHI. In these cases, the BAHT, with support from the
Housing Office and/or a management company, will annually confirm the continued
occupancy and eligibility of unit occupants by:
Checking Assessors records and resident mail listings to verify the continued
occupancy of the units. If the units involve homeownership, the deed rider will
require that the occupant notify the Town upon any intent to sell, and the Town will
have an opportunity to purchase or resell the unit based on a prescribed process
included in the deed rider (adaptation of DHCD’s deed rider). If the units involve
rentals, send a letter to the project sponsor requesting documentation listing the
incomes of the tenants and a copy of their leases to ensure that the tenants meet the
income qualifications, and the rents continue to be affordable.
Checking the Barnstable County Registry of Deeds to make sure that there have
been no changes in ownership/residency.
13
Brewster Affordable Housing Trust Program Guidelines and Application 11
Preparing an annual compliance report that documents the continued affordability of
these units.
VII. Reporting
With staff support from the Housing Office, the BAHT shall prepare an annual report that
summarizes the use of Trust funds during the fiscal year including amounts of funding, type of
funding, project description and status, as well as the balance in the Trust Fund. The books and
records of the Trust shall be maintained by the Town Accountant and audited annually as part of
the annual audit of the Town of Brewster. The results of the audit shall be provided to the Town.
VIII. Periodic Updating of the Guidelines
These Housing Guidelines shall be reviewed at least every three (3) years by the BAHT, with input
from the CPC and the Brewster Housing Partnership, and updated as necessary. The BAHT is
responsible for approving any changes and can also choose to amend the Guidelines any time if it
determines that certain requirements are no longer effective or viable or are necessary or
appropriate. Section III will be updated regularly to reflect the BAHT’s new FY priorities.
IX. Application Process
The application process involves providing information to the BAHT before funding
approvals can be granted. All submissions, scheduling and communications will be
coordinated through the Brewster Housing Office. The BAHT will accept applications on a
rolling basis.
Only those projects that receive the approval of the Board of Trustees and, if required, the
Select Board, are eligible to access funding from the Trust Fund. In making its determinations
on funding, the BAHT may consult with the Brewster Community Preservation Committee,
Planning Department and Planning Board, Zoning Board of Appeals, and/or other Town
commissions or boards. The approved applicant must enter into an agreement with the BAHT
that specifies the purpose and scope of the project, projected timeframe, and approved funding
for the project. The applicant must submit an original copy of the signed contract.
14
Brewster Affordable Housing Trust Program Guidelines and Application 12
X. Selection Criteria
The BAHT will apply the following selection criteria in its review of applications:
Selection Criteria
The project/program proposal is consistent with the BAHT’s Funding Priorities. These
include the following:
1. Increase affordable housing opportunities for year-round community to the extent permitted by law,
by prioritizing opportunities that support the Trust’s mission to expand and preserve year-round rental
and home ownership homes that are affordable to moderate, low, and very low-income households.
These projects should provide a welcoming environment for demographically and socio-economically
diverse populations. Proposals may serve a range of local housing needs, even if some of the units may
not be eligible for inclusion in the state’s Subsidized Housing Inventory (SHI).
2. Advance the creation of year-round affordable rental units to serve Brewster's most financially
vulnerable residents and other income-qualified persons and households.
3. Identify and take advantage of existing structures and/or properties that have discounted or
nominal acquisition costs, such as town owned or tax foreclosure properties, to make the
development of affordable housing more financially feasible.
4. Promote affordable housing using methods that minimize impacts on the built environment, such
as accessory apartments, small infill developments in existing neighborhoods, or buy-down
initiatives that convert existing housing into affordable units.
5. Develop a range of projects to serve a range of housing needs including housing for families,
seniors, and special needs populations.
6. Encourage mixed-income development to promote diversity and inclusion.
The funding request is reasonable as a portion of the overall project costs and on a per-unit basis
and adheres to the BAHT Funding Guidelines.
The development pro forma demonstrates that the project is feasible (not applicable if Trust Funds are
requested for predevelopment activities to determine feasibility of a project).
The applicant has demonstrated significant leveraging of the requested BAHT Funds with other
public and/or private funding sources.
The applicant is qualified to undertake the project and has demonstrated success in similar
capacity with comparable projects.
The applicant has demonstrated appropriate site control.
Projects provide additional public benefits such as open space, environmental/conservation,
energy efficiency, historic preservation, public safety, economic development, etc.
The project meets demonstrated community needs.
The applicant has demonstrated project support by other Town boards, committees, the Cape
Cod Commission, other pertinent organizations, and Brewster citizens, as appropriate.
15
Brewster Affordable Housing Trust Program Guidelines and Application 13
XI. Application Form/ Attachment List
16
Brewster Affordable Housing Trust Program Guidelines and Application 14
Town of Brewster
Affordable Housing Trust
Application Package
APPLICATION FORM
Project/Program Name: ____________________________________________
Trust Program: __________________________________________
Project Location
Street Address: ______________________________ Assessor’s Map & Lot #:_______
Legal Property Owner of Record:___________________________________________________
Sponsor(s)/Organization: _________________________________________________________
Contact Person Name & Title: _____________________________________________________
Telephone: __________________________Email: ______________________________
Mailing Address: __________________________________________________________
Budget Summary
Total Trust Funds Requested:
Total Project Cost:
Sponsor’s Signature: _______________________________ Date: __________
17
Brewster Affordable Housing Trust Program Guidelines and Application 15
Sponsor’s Printed Name & Title: ___________________________________________
Project Summary: Please summarize the proposed project and any special features (support
services, sustainability or energy conservation components, historic preservation, etc.)
18
Brewster Affordable Housing Trust Program Guidelines and Application 16
1. Sources of Funds: Check all that apply, include dollar amount, and circle if funds are committed or
proposed.
Brewster Affordable Housing Trust $ __________________ committed/proposed
*Brewster Community Preservation Fund $ __________________
______________committed/proposed (*Some funding from the Trust is derived from Community Preservation Funds. Check this box if seeking
additional funds from the Community Preservation Committee.)
Private Bank Loan__________________$ committed/proposed
Sales Revenue $
Other: $
Other: $
Other: $
2. Uses of Funds: Check all that apply. Predevelopment (feasibility, engineering, appraisals,
environmental studies/testing/mitigation, legal work, etc.)
Acquisition
Preservation
Site Preparation (tree clearing, earth removal, etc.)
New Construction
Redevelopment
Administration
Operations
Marketing
Other (please explain)
3. Targeted Population: Check all that apply.
Family Senior/Elderly
Homeless/At Risk of Homelessness Special Needs (identify population): ___________
Housing with Support Services (identify service providers):
Other (identify):
4. Type of Housing: Check all that apply.
Homeownership: Rental:
Single-family Single Room Occupancy
Condominium Individual/Family
Cooperative Group Residence, Congregate
Other Other (identify):
committed/proposed
committed/proposed
committed/proposed
committed/proposed
19
Brewster Affordable Housing Trust Guidelines 17
5. Unit Composition (If Applicable): List number of units in each category
Total <=30%
AMI
<=50%
AMI
<=80%
AMI
<=100%
AMI
<=120%
AMI
Market
Rate
SRO
1 Br
2 Br
3 Br
4 Br/+
Note: Refer to (www.huduser.org) for latest fair housing rates.
7. If applicable, Information about the Development Team including:
Owner/sponsor/development entity-
Experience-
Architect-
Engineer-
General Contractor (if known)-
Development Pro-forma-
Operating budget for rental project (For example- One Stop funding application)
Development pro-forma with sales prices for home ownership units.
Submission: All completed application packets should be submitted to:
Town of Brewster Affordable Housing Trust
Jill Scalise, Housing Coordinator
2198 Main Street
Brewster, MA 02631
jscalise@brewster-ma.gov
Phone: 5089-896-3701, ext. 1169
20
Chapter 18
AFFORDABLE HOUSING TRUST FUND
[HISTORY: Adopted 5-7-2018 STM by Art. 7. Amendments noted where applicable.]
§18-1.Name of the Trust.
The Trust shall be called the "Brewster Affordable Housing Trust," herein referred to as the "Trust."
§18-2.Purpose.
The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town
of Brewster for the benefit of low and moderate income households and for the funding of community housing as
defined in and in accordance with the provisions of Massachusetts General Laws, Chapter 44B ("Chapter 44B").
The Trust shall use such property, both real and personal, and shall dispense such funds in such manner as the
Board of Trustees shall deem most appropriate to carry out such purpose consistent with the policies adopted from
time to time by the Board of Selectmen regarding affordable housing. The Trust shall be governed by a Board of
Trustees in accordance with General Laws Chapter 44, Section 55C ("Section 55C"), as revised from time to time,
and the authority granted by Town Meeting.
§18-3.Board of Trustees.
A.There shall be a seven-member Board of Trustees (the "Board") appointed by the Board of Selectmen from
amongst the residents of the Town (except that the Town Administrator or a staff member selected as his or
her designee shall not be required to be Town residents). The members of the Board shall be comprised of as
follows:[Amended 5-6-2019 ATM, Art. 16]
(1)One member of the Board of Selectmen;
(2)One member of the Brewster Housing Partnership;
(3)One member of the Community Preservation Committee;
(4)One member of the Planning Board;
(5)Two residents at large; and
(6)The Town Administrator, a staff member or a resident (nonstaff member) selected by the Town
Administrator as the Administrator’s designee.
B.Trustees shall serve for a term not to exceed two years, with the initial terms of the Trustees staggered such
that Trustees who are members of the Board of Selectmen, the Brewster Housing Partnership, the Community
Preservation Committee, and the Planning Board, shall serve for a term of one year, and thereafter for two
years. Trustees who are appointed as representatives of boards or committees shall serve for two-year terms
or until they no longer serve on such board or committee, whichever is shorter. The Town Administrator shall
serve by virtue of the office. To the extent possible, the Board of Selectmen shall appoint as Trustees
individuals with background or interest in affordable housing, and specifically those with financial, legal or
development expertise, or experience and perspective on housing preservation. Any Trustee (other than the
Town Administrator or staff person acting as the Town Administrator’s designee) who ceases to be a resident
of the Town of Brewster shall vacate the office. Any Trustee may resign by filing with the Town Clerk written
notice thereof.[Amended 5-6-2019 ATM, Art. 16]
C.Any vacancy in the office of Trustee shall be filled by appointment of the Board of Selectmen, notice of which
shall be filed with the Town Clerk. The title to the Trust estate shall thereupon and without the necessity of
any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees.
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§18-4.Meetings of the Trust.
The Board shall meet at least quarterly in the Town of Brewster at such time and at such place as the Trustees shall
determine. Special meetings may be called by the Chair or by a majority of Trustees. Notice of all meetings of
the Trust shall be given in accordance with the provisions of the Open Meeting Law, General Laws Chapter 30A,
Sections 18-25. While a majority of the full Board of Trustees shall constitute a quorum for the transaction of any
business of the Board of Trustees, less than a quorum may, subject to the requirements of the Open Meeting Law,
continue a meeting to a time, date and place certain.
§18-5.Powers of the Board.
The powers and duties of the Board shall include the following, all of which shall be carried on in furtherance of
the purposes and in compliance with the terms set forth in Section 55C of Chapter 44 of the General Laws:
D.Trustees may be removed by the Board of Selectmen at any time for cause following the opportunity for a
hearing. For purposes of this bylaw, the term "cause" shall include, but not be limited to, violation of any
local, state, or federal law; incapacity to perform the duties of a Trustee; and acts of a Trustee, that in the
opinion of the Board of Selectmen, are negligent or detrimental to the Town of Brewster or the Trust; and
four consecutive absences from Board of Trustees meetings. Reference to the Trustee shall mean the Trustee
or Trustees for the time being hereunder.
E.The Trustees shall annually elect a Trustee to serve as Chair. The Chair may establish sub-committees and/or
ad hoc task-related committees to carry out the purposes of the Trust. Chairs of the sub-committees may be
selected by the members of the sub-committees.
A.To accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer
from any person, firm, corporation or other public or private entity, including but not limited to money, grants
of funds or other property tendered to the Trust in connection with any by-law or any general or special law
or any other source, including money appropriated pursuant to the Community Preservation Act, Chapter 44B
of the Massachusetts General Laws; provided, however, that any Community Preservation Act monies
received shall be used exclusively for community housing and shall remain subject to all the rules, regulations
and limitations of that chapter when expended by the Trust, and such funds shall be accounted for separately
by the Trust; and provided further, that no later than July 15 of any calendar year, the Trust shall ensure that
all expenditures of funds received from said Chapter 44B are reported to the Community Preservation
Committee for inclusion in the year end reporting to the Massachusetts Department of Revenue;
B.To purchase and retain real or personal property, including, without restriction, investments that yield a high
rate of income or no income; provided that any expenditure of funds in excess of $50,000 to purchase real or
personal property shall first be approved by the Board of Selectmen;
C.To sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by
private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts
and enter into such undertaking relative to Trust property as the Board deems advisable notwithstanding the
length of any such lease or contract; provided that any sale, lease, exchange, transfer or conveyance of any
property having a value in excess of $50,000 shall first be approved by the Board of Selectmen;
D.To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts,
promissory notes, releases, grant agreements and other instruments sealed or unsealed, necessary, proper or
incident to any transaction in which the Board engages for the accomplishment of the purposes of the Trust;
E.To employ advisors and agents, such as accountants, appraisers and lawyers as the Board deems necessary;
F.To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation
between income and principal as the Board deems advisable;
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§18-6.Acts of Trustees.
G.To apportion receipts and charges between incomes and principal as the Board deems advisable, to amortize
premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or
otherwise;
H.To participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or
powers of attorney with or without power of substitution to vote any securities or certificates of interest; and
to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and
any other corporation or person;
I.To deposit any security with any protective reorganization committee, and to delegate to such committee such
powers and authority with relation thereto as the Board may deem proper and to pay, out of Trust property,
such portion of expenses and compensation of such committee as the Board may deem necessary and
appropriate;
J.To carry property for accounting purposes other than acquisition date values;
K.To borrow money on such terms and conditions and from such sources as the Board deems advisable, to
mortgage and pledge trust assets as collateral, provided that any borrowing of funds in excess of $50,000 shall
first be approved by the Board of Selectmen;
L.To make distributions or divisions of principal in kind;
M.To comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the Trust,
including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness
or other obligation, and subject to the provisions of Section 55C, to continue to hold the same for such period
of time as the Board may deem appropriate;
N.To manage or improve real property; and to abandon any property which the Board determined not to be
worth retaining;
O.To hold all or part of the Trust property uninvested for such purposes and for such time as the Board may
deem appropriate; and
P.To extend the time for payment of any obligation to the Trust;
Q.To issue policy goals and statements to serve as guidelines for the Trust;
R.To provide funds for the benefit of low and moderate income households to assist in the acquisition, creation,
preservation, rehabilitation and support of housing affordable for such families; and
S.To exercise such additional powers, if any, as may be set forth in MGL c. 44, §55C, as it may be amended
from time to time.
A.Except as otherwise provided, any action of the Board of Trustees shall be approved by a majority of those
present and voting at a duly called meeting provided that a quorum is present, and any and all instruments
executed by such majority shall be binding upon the Trust, and shall be conclusive evidence that such action
has been duly authorized. The Trustees may, by instrument executed by all the Trustees, delegate to any
attorney, agent or employee such other powers and duties as they deem advisable, including power to execute
and deliver instruments as fully as the Trustees might themselves and to sign and endorse checks for the
account of the Trustees of the Trust. The Trustees shall not delegate the authority to amend or terminate the
Trust and no such delegation shall be effective. No Trustee shall be required to give bond. No license of court
shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the
Trust estate. No one dealing with the Trustees need inquire concerning the validity of any act of the Trustees
or see to the application of anything paid to or upon the order of the Trustees. No Trustee shall be liable for
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§18-7.Status of Trust and Board of Trustees.
The Trust is a public employer and the members of the Board are public employees for purposes of General Laws
Chapter 258. The Trust shall be deemed a municipal agency and the members of the Board of Trustees special
municipal employees for purposes of General Laws Chapter 268A, the Conflict of Interest Law. The Trust is a
governmental body for purposes of Massachusetts General Laws Chapter 30A, Sections 18-25, the Open Meeting
Law. The Trust is also a board of the Town for purposes of General Laws Chapter 30B, the Uniform Procurement
Act, and General Laws Chapter 40, Section 15; provided, however, that agreements and conveyances between the
Trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the Town shall
be exempt from said Chapter 30B. Notwithstanding the foregoing, neither the Trustees nor any agent or officer of
the Trust shall have the authority to bind the Town.
§18-8.Custodian of funds.
The Town Treasurer shall be the custodian of the Trust's funds and shall maintain separate accounts and records
for said funds. The Treasurer shall invest the Trust's funds in the manner authorized by MGL c. 44, §55B. Any
income or proceeds received from the investment of unrestricted funds shall be credited to and become part of the
Trust. The yearly approved budget, and any approved budget revisions, will be filed with the Town Treasurer. As
custodian, the Treasurer shall issue checks or transfer monies as directed by the Trustees and approved by the Board
of Selectmen. In addition to the requirements of MGL c. 44, §55C, the Trust shall comply with all requirements,
if any, of all the funds deposited into the Trust, and shall ensure that restricted funds, and any interest thereon,
are appropriately segregated and reported. The books and records of the Trust shall be audited annually by an
independent auditor in accordance with accepted accounting practices. Cost associated with the independent audit
shall be borne by the Trust. Upon receipt of the audit by the Board of Trustees, a copy shall be provided forthwith
to the Board of Selectmen.
§18-9.Funds paid to the Trust.
Notwithstanding any general or special law to the contrary, all moneys paid to the Trust in accordance with
any zoning by-law, exaction fee, or private contribution shall be paid directly into the Trust and need not be
appropriated or accepted and approved into the Trust. General revenues appropriated into the Trust become Trust
property and these funds need not be further appropriated to be expended. All moneys remaining in the Trust at the
end of any fiscal year, whether or not expended by the Board within one year of the date they were appropriated
into the Trust, remain Trust property.
§18-10.Taxes.
The Trust is exempt from General Laws Chapters 59 and 62, and from any other provisions concerning payment of
taxes based upon or measured by property or income imposed by the Commonwealth or any subdivision thereto.
§18-11.Duration of the Trust.
This Trust shall continue until terminated by a vote of the Brewster Town Meeting. Upon termination of the Trust,
subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and
the Trustees, the net assets of the Trust shall be transferred to the Town and held by the Board of Selectmen for
the act, negligence or default of any other Trustee or any employee, agent, or representative of the Trustees
selected with reasonable care, nor for errors in judgment, nor mistakes of law or fact made in good faith nor
in reliance in good faith on advice of counsel nor for other acts or omissions in good faith.
B.In exercising these powers, the Trustees shall recognize the role of the Board of Selectmen or it's designee as
the principal procurement officer under MGL c. 30B, including the bidding and awarding of all contracts.
Where an act of the Trustees requires prior written notice to the Board of Selectmen, notice shall be deemed
given when addressed to the Board of Selectmen.
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affordable housing purposes except that any net funds generated pursuant to MGL c. 44B which shall be returned to
the CPA Fund for community housing. In making any such distribution, the Trustees shall, subject to the approval
of the Board of Selectmen, sell all or any portion of the Trust property and distribute the net proceeds thereof or
they may distribute any of the assets in kind to the Board of Selectmen. The powers of the Trustees shall continue
until the affairs of the Trust are concluded.
§18-12.Compensation of Trustees.
Trustees shall not receive a salary, stipend, bonus or other means of compensation for their service as a Trustee,
nor shall they be eligible for any benefits from the Town of Brewster. Trustees may be compensated for reasonable
out-of-pocket expenses for travel and other Trust-related expenses. All such out-of-pocket expenses shall be fully
documented with receipts for expenses prior to payment by the Trust.
§18-13.Annual report.
The Trustees shall prepare an annual report describing the activities of the Trust on a calendar year basis. The
annual report shall be submitted to the Brewster Board of Selectmen by December 31st of each year and will be
included in the Town's Annual Report. The annual report shall list all financial transactions conducted by the Trust
including all revenues and costs, provide a balance sheet of liabilities and assets of the Trust, list an inventory of
all affordable housing units created, sold, and/or managed by the Trust, and any other pertinent information related
to the business of the Trust.
§18-14.Recording; amendments.
The Trustees are hereby authorized to execute a Declaration of Trust and Certificate of Trust for the Trust, to
be recorded with the Barnstable Registry of Deeds and the Barnstable Registry District of the Land Court, as
applicable. The Declaration of Trust may be amended from time to time except as to those provisions specifically
required under MGL c. 44, §55C and/or this bylaw, by an instrument in writing signed by a majority of the
Trustees and approved at a meeting called for that purpose, and approved by the Board of Selectmen.
§18-15.Titles.
The titles to the various Sections herein are for convenience only and are not to be considered part of said Sections
nor shall they affect the meaning or the language of any such Section.
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Parameters of Affordable Housing Trust Buydown Program
Approved by Housing Trust 5.11.23
Proposed Program: The Affordable Housing Trust may provide up to $50,000* of grant
assistance for eligible buyers purchasing a home in Brewster. The program, contingent on
existing funds, is available to households qualifying at up to 80% AMI (Area Median Income)
who agree to place a permanent affordable housing deed restriction on the home. The program
is targeted to preserve affordable homes already on the Town’s Subsidized Housing Inventory
(SHI). The grant funds will reduce, buydown, the purchase price of the home. In extenuating
circumstances, the Trust may decide to direct funds in connection with a purchase to assist with
verified, required repairs which will help preserve the home. The grant assistance is provided as
an interest free loan which is forgivable after 30 years.
*Amounts over $50,000 may be considered but will require approval of both the Affordable
Housing Trust and the Select Board.
Amount of Grant Assistance: The amount of assistance will be determined on a home-by-home
basis. The aim is to ensure that SHI home resales are affordable with a sales price set to be
affordable for a household making 80% AMI. If necessary, the Trust will consider making the
home affordable to a household at 70% AMI. It is expected that buydown grants will range up
to $50,000. Amounts over $50,000 may be considered but will require approval of both the
Affordable Housing Trust and the Select Board.
Program Eligibility (from original CPC Buydown Program):
First Time Homebuyer, defined as someone who has not owned a home within the past
3 years. Some exceptions.
The household must occupy the property as their principal residence.
The property must be located in Brewster.
A household cannot have more than $75,000 in assets.
The total household income must not exceed 80% of AMI.
Maximum Household Income Limits for 2022
2022 HUD
Income Limits
Household
Size
1
Person
2
Persons
3
Persons 4
Persons 5
Persons 6
Persons
Affordable
limits
80% of AMI
$60,900
$69,600
$78,300
$86,950
$93,950
$100,900
26
Proposed BREWSTER AFFORDABLE HOME BUYERS
BUYDOWN PROGRAM
READY BUYER APPLICATION
Program: The Town of Brewster, through Community Preservation Funds, provides up to
$50,000 of grant assistance for eligible buyers purchasing a home in Brewster. The program,
contingent on existing funds, is available to households qualifying at 80% AMI (Area Median
Income) who agree to place a permanent affordable housing deed restriction on the home. The
grant assistance is provided as an interest free loan which is forgivable after 30 years.
Eligibility:
First Time Homebuyer, defined as someone who has not owned a home within the
past 3 years. Some exceptions.
The household must occupy the property as their principal residence.
The property must be located in Brewster.
A household cannot have more than $75,000 in assets.
The total household income must not exceed 80% of AMI.
Maximum Household Income Limits for 2023
2023 HUD
Income Limits
Household
Size
1
Person
2
Persons
3
Persons 4
Persons 5
Persons 6
Persons
Affordable
limits
80% of AMI
$64,450
$73,650
$82,850
$92,050
$99,450
$106,800
For more information and questions, please contact: Jill Scalise, Brewster Housing Coordinator
at 508-896-3701 x1169
jscalise@brewster-ma.gov
27
Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
Ready Buyer Application Checklist
□ Signed application form (ALL adult household members are applicants)
□ Documentation of your income sources and assets (see Required Financial
Documentation sheet)
□ Mortgage pre-approval letter. The letter must be from a mortgage lender and conform
to the “LIP Program Standards for New Mortgage Loans.” (See Appendix 2)
□ Signed agreement on affordability and deed resale restrictions.
□ Signed Application Certification and Consent for Release of Information for ALL adult
household members.
Brewster Buydown Program Application Process
Submit Ready Buyer application with all documentation & mortgage pre-approval letter.
After initial eligibility determination, placement on the Brewster Ready Buyer List.
When specific home is identified, submit Purchase & Sale agreement for final approval.
Property appraisal &/or home inspection will then be required.
IF THE HOME BUYER IS DETERMINED BY AN AFFORDABLE RESALE HOUSING LOTTERY
WHERE BREWSTER BUYDOWN FUNDS HAVE BEEN ADVERTISED (for example by Housing
Assistance Corporation), DOCUMENTATION FROM THE HOUSING LOTTERY MAY BE USED
FOR INCOME VERIFICATION AND ELIGIBILITY.
Final approval and authorization of funds made by the Affordable Housing Trust.
Deed restriction, secondary mortgage, and promissory note signed, and funds released at
closing.
Return completed application to:
Brewster Planning Department
Attn: Jill Scalise, Housing Coordinator
2198 Main St. Brewster, MA 02631
Brewster does not discriminate based on race, color, national origin, religion, sex, familial status, and
handicap (disability). Disabled persons are entitled to request a reasonable accommodation of rules,
policies, practices, or services, or to request a reasonable modification of the housing, when such
accommodations or modifications are necessary to afford the disabled person equal opportunity to use
and enjoy the housing.
28
1
BREWSTER AFFORDABLE HOME BUYERS
BUYDOWN PROGRAM
READY BUYER APPLICATION
(All adult household members are considered applicants)
Applicant Name:________________________________________________________________
Address:_______________________________________________________________________
City/Town:____________________________________State:_______Zip Code:_____________
E-mail Address:_________________________________________________________________
Telephone: (Day):__________________________ (Evening):____________________________
Employer’s Name:________________________________________ Town:_________________
Co-Applicant Name:_____________________________________________________________
Address:______________________________________________________________________
City/Town:____________________________________State:_______ Zip Code:____________
E-mail Address:_________________________________________________________________
Telephone: (Day):________________________ (Evening):______________________________
Employer’s Name:________________________________________ Town:_________________
29
Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
2
Household Members
List all household members including yourself:
Name Date of Birth Soc. Sec. # Relationship to Applicant
1._______________________________________________________________Self__________
2.____________________________________________________________________________
3.____________________________________________________________________________
4.____________________________________________________________________________
5.____________________________________________________________________________
6.____________________________________________________________________________
Gross Annual HOUSEHOLD income: $______________
Down Payment Available: $_____________
Are you a first-time homebuyer? YES □ NO □
Someone who has not owned a home in 3 years, a person 55 and older, or a displaced homemaker.
Have you completed a certified homebuyer education course? YES □ NO □
If so, please attach a copy of your completion certificate.
A certified Home Buyer Education course is strongly recommended. On Cape Cod, the Community
Development Partnership (CDP) in Eastham and Housing Assistance Corporation (HAC) in Hyannis offer
these classes. Please see www.capecdp.org; 508-240-7873 or www.haconcape.org; 508-771-5400. You
can also see ww.chapa.org for a list of courses.
30
Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
3
ANNUAL HOUSEHOLD INCOME INFORMATION
Households must meet certain maximum income limits in order to be eligible to participate in
the lottery for a home, as outlined in the Lottery Information Package. Gross annual income is
income from all sources, including all wages and salaries prior to deductions, overtime pay,
commissions, tips, fees and bonuses, and other compensation for personal services, net business
income, interest/dividend income, Social Security, Supplemental Security Income, pension
payments, disability income, unemployment compensation, alimony/child support, and
veterans’ benefits, for all adult household members over the age of 18, unless the member is a
full-time student. Income for full-time students who are the head of household or spouse must
be counted in annual income. See APPENDIX 1: Income and Assets for more details.
Please attach all third party documentation for your sources of income
(see Required Financial Documentation sheet for detailed information).
Annual Income (Applicant): Gross Income for the past 12 months: $_____________________
Employer Name: ________________________________________________________________
Employer Address: ______________________________________________________________
Phone: __________________ Position: ______________________________________________
Wage/Salary per week before taxes and withholding: $_________________
Additional Income from other source(s):
Source:________________________________________________________________________
Income per month: $____________________
Source:________________________________________________________________________
Income per month: $____________________
Annual Income (Co-Applicant): Gross Income for the past 12 months: $__________________
Employer Name: ________________________________________________________________
Employer Address: ______________________________________________________________
Phone: __________________ Position: _____________________________________________
Wage/Salary per week before taxes and withholding: $_________________
Additional Income from other source(s):
Source:_______________________________________________________________________
Income per month: $_____________________
Source:_______________________________________________________________________
Income per month: $_____________________
Note: If any other adult household members have income, please attach a separate sheet of
paper with their income information as described above. Third party documentation is
required.
31
Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
4
HOUSEHOLD ASSET INFORMATION
Please complete the following asset information for all household members. Assets to be
included: cash, savings and checking accounts, stocks, bonds and other forms of capital
investment, excluding equity accounts in homeownership programs or state-assisted public
housing escrow accounts. Do not include the value of personal property such as furniture and
automobiles. See APPENDIX 1: Income and Assets for more details, and Required Financial
Documentation for verification documentation needed.
Name on Account: ______________________________________________________________
Bank Name and Address: _________________________________________________________
Savings Account Number: ________________________
Recent Balance: $_______________________________
Checking Account Number: _______________________
Recent Balance: $_______________________________
Other (e.g. Certificate of Deposit) Account Number: ______________
Balance: $______________
Name on Account: ______________________________________________________________
Bank Name and Address: _________________________________________________________
Savings Account Number: ________________________
Recent Balance: $_______________________________
Checking Account Number: _______________________
Recent Balance: $_______________________________
Other (e.g. Certificate of Deposit) Account Number: ______________
Balance: $______________
Stocks and bonds, other liquid assets:
Description:____________________________________________ Value: $______________
Description:____________________________________________ Value: $______________
Description:____________________________________________ Value: $______________
Total Household Assets: $____________________
Note: If any other household members have assets from additional sources, please attach a
separate sheet of paper for each with their asset information as described above.
32
Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
5
AFFIRMATIVE MARKETTING
Please complete the following section to assist us in fulfilling affirmative marketing requirements.
Responses will not affect your application.
Household Race (Head of Household):
□ Caucasian
□ American Indian/ Alaskan Native
□ African American
□ Hispanic/Latino
□ Cape Verdean
□ Asian/Pacific Islander
33
Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
6
BREWSTER AFFORDABLE HOME BUYERS
BUYDOWN PROGRAM
READY BUYER APPLICATION
This form must be signed by all adult household members and returned with your
application.
Affordability and Resale Restriction Certification:
I/We have read the summary of resale restrictions in the Information Package and agree to the restriction.
I/We have been advised that a copy of the Deed Rider governing resale of the affordable homes is
available at the Brewster Town Administrator’s Office for my/our further review and that I/we may
request a copy to be sent to me/us or my/our lender. I/We also understand that, when I/we are ready to
purchase a unit, a full copy of the Deed Rider will be provided to me/us.
_____________________________________________ ________________________
Applicant Signature Date
_____________________________________________ _________________________
Co- Applicant Signature Date
Applicant Certification and Consent to Release Information:
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY TO YOU:
□ I/We certify that the information in this application and in support of this application is true and
correct to the best of my/our knowledge and belief under full penalty of perjury. I/We
understand that perjury will result in disqualification from further consideration in this program.
□ I/We understand that the use of this application is for a potential grant to purchase an
affordable home in Brewster, and does not guarantee an offer.
Your signature(s) below gives consent to the Town of Brewster, to verify information provided in this
application. No applications will be considered complete unless signed and dated by the Applicant and
Co-Applicant (if any).
_____________________________________________ ________________________
Applicant Signature Date
_____________________________________________ _________________________
Co- Applicant Signature Date
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Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
7
Required Financial Documentation & Verification Sheet
□ Two months of most recent, consecutive paystubs for all working members of the
household age 18 years and older.
□ Federal Tax Returns (1040) from the last 3 years. Include W-2 and 1099-R forms.
□ Verification of child support (copy of child support order, etc.)
□ Verification of any other household income, ie: Social Security, SSDI, SSI, VA benefits,
unemployment benefits, public assistance, etc. You may provide a copy of the official
statement of monthly amount received for the present year.
□ Savings account statement- submit the three most recent bank statement copies
□ Checking account statement- submit the three most recent bank statement copies
□ Verification of student status for each child 18 years of age or older who is a full time
student.
□ Mortgage pre-approval letter. The letter must be from a mortgage lender and conform
to the “LIP Program Standards for New Mortgage Loans.” (Appendix 2)
35
Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
8
APPENDIX 1: Income and Assets
INCOME:
Income Limit: Total household annual income must be at/below the 80% Barnstable County Median
Income limits, as adjusted for household size.
Maximum Household Income Limits (Barnstable MSA) for 2023
2023 HUD
Income Limits
Household
Size
1
Person
2
Persons
3
Persons 4
Persons 5
Persons 6
Persons
Affordable
limits
80% of AMI
$64,450
$73,650
$82,850
$92,050
$99,450
$106,800
Annual Household Gross Income means all income, from all sources, of all current adult household
members for the 12-month period following application.
Annual income includes but is not limited to the following:
• The full amount, before ANY payroll deductions, of wages and salaries, overtime pay, commissions,
fees, tips and bonuses, and other compensation for personal services
• Net income from the operation of a business or profession
• Interest, dividends, and other net income of any kind rom real or personal property
• Payments from Social Security, annuities, insurance policies, retirement funds, pensions, disability or
death benefits, and other similar types of period receipts
• Payments in lieu of earnings such as unemployment and disability compensation, worker’s
compensation and severance pay
• Welfare assistance payments
• Alimony and child support
• Regular pay, special pay, and allowances of a member of the Armed Forces
ASSETS:
Asset Limit: Total household assets cannot exceed $75,000
Household Assets include the following:
• Cash in savings accounts, checking accounts and safety deposit boxes, etc., certificates of deposit,
bonds, stocks, treasury bills, mutual funds and money market accounts
• Revocable trusts.
• Equity in rental property or other capital investments
• Retirement plans are included when the holder has access to the funds, even though a penalty may be
assessed. Retirement funds are NOT included if amounts can only be withdrawn if upon termination of
employment or retirement
• Cash value of life insurance policies available to the applicant before death.
• Personal property held as an investment (this includes gems, jewelry, coin collections, or antique cars
held as investments; personal jewelry is NOT considered an asset)
• Lump sum receipts or one-time receipts. (i.e. inheritance, capital gains, one-time lottery winnings,
victim’s restitution, settlements on insurance claims (including health and accident insurance, worker’s
compensation, and personal or property losses), and any other amounts that are not intended as
periodic payments.
• A mortgage or deed of trust held by an applicant.
Household assets do not include:
• Personal property. (clothing, furniture, cars, wedding ring and other jewelry that is not held as an
investment, vehicles specially equipped for persons with disabilities)
• Term life insurance policies. (i.e. where there is no cash value)
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Brewster Affordable Home Buyers Buydown Program Ready Buyer Application
9
• Equity in the cooperative unit in which the applicant lives.
• Assets that are part of an active business. Business DOES NOT include rental of properties that are held
as investments unless such properties are the applicant’s main source of income.
• Assets that are not effectively owned by the applicant
Assets disposed of for less than fair market value: Applicants must declare whether an asset has been
disposed of for less than fair market value during the two years preceding application. If an asset has
been disposed of for less than fair market value, the amount counted as an asset is the difference
between the cash value and the amount actually received.
APPENDIX 2: LIP (Local Initiative Program) Program Standards for
New Mortgage Loans
The loan must be a fully amortizing fixed rate mortgage with a down payment of at least 3%, at
least half of which must come from the buyer’s own funds.
The loan must be made by an institutional lender. Loans from private parties are not allowed.
The loan must have a fixed rate through the full term of the mortgage that is a current fair
market interest rate.
The loan can have no more than 2 points.
The buyer’s monthly housing costs (inclusive of principal, interest, property taxes, hazard
insurance, private mortgage insurance and condominium or homeowner association fees) may
not exceed 38% of the buyer’s monthly gross income.
Non-household members shall not be permitted as co-signers of the mortgage.
APPENDIX 3: Summary of Affordable Housing Deed Restriction
An affordable housing deed is a legal document recorded at the Registry of Deeds that specifies the
resale, refinance and leasing provisions for the referenced property. The deed restriction ensures that
the unit remains affordable for future purchasers of the property. It is strongly recommended that
purchasers of a deed restricted affordable home review the deed restriction with their attorney and
lender prior to closing.
Here is a general description of the deed restriction:
The property must be the owner’s principal residence.
The deed rider restricts the resale price of the property. The rider includes a formula to calculate
the future maximum resale price based on the Area Median Income at the time of resale.
Owners of a deed restricted home must notify the monitoring agent, the Town of Brewster, in
writing of their intention to sell or convey the home.
Owners of a deed restricted affordable home cannot rent, lease, refinance or encumber the
home without prior written consent of the monitoring agent, the Town of Brewster.
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Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
June 5, 2023
Faythe Ellis, Chair
Community Preservation Committee
2198 Main Street
Brewster, MA 02631
Dear Ms. Ellis,
On behalf of the Town of Brewster Select Board, I am pleased to send you this Letter of Support
for the Affordable Housing Trust’s Community Preservation Grant request of $250,000 to manage the
Brewster Affordable Buydown Program. This program, initiated in 2007, has assisted Brewster first time
homebuyers in purchasing affordable homes in Brewster. All Buydown homes are required to have an
affordable deed rider in perpetuity.
One key economic development goal, outlined in the Town’s Vision Plan, draft Local
Comprehensive Plan, and Housing Production Plan, and one of the greatest threats facing the local
economy, is the lack of attainable and affordable housing in Brewster. The Buydown Program addresses
this housing need. Over the past 16 years the program, supported by Brewster residents allocating
$360,000 in CPA funds, has aided 12 households in purchasing affordable Brewster homes. The funds
have also enabled the Town to retain homes on the Town’s Subsidized Housing Inventory, protecting an
important asset in a difficult housing environment.
When the Buydown program was first developed, Brewster did not have a municipal housing
trust. The Community Preservation Committee (CPC) took initiative, developed the Buydown program,
and demonstrated the program’s effectiveness in meeting an affordable housing need. The Select Board
appreciates the ongoing dialogue, communication, and coordination between the CPC and Housing
Trust in determining the value and best path forward for this program. The Select Board supports the
continuation of the Buydown Program, the $250,000 in CPA funding request, and the management by
the Housing Trust. Thank you for the fine work of the Community Preservation Committee.
Sincerely,
Select Board Chair
Office of:
Select Board
Town Administrator
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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 (“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 Solar Net Metering Credit
Agreement (“NMCA”) with Altus Power dba CA MA Solar, LLC, dated in October 2016 for the
purchase of net metering credits generated as a result of a solar power generating facility located
in Canton, Massachusetts;
WHEREAS, Truro purchases 100% of the of net metering credits generated by the solar
electricity generating facility, which is producing more net metering credits than Truro can use;
WHEREAS, the Town of Brewster (“Brewster”) has energy accounts that can be offset
by Truro’s 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 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:
2
The Parties agree that terms used but not defined in this Agreement shall be as defined in
the NMCA, a copy of which is attached hereto.
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.Procedure for Transfer of NMCs. The Transfer of NMCs from Truro to Brewster shall be
processed as follows:
A.Upon the Parties’ execution of this Agreement, Truro will offer to Brewster a specific
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, (i) either agree to such percentage, or
propose a different percentage of total NMCs it wishes to purchase (“Contracted
NMCs”), which number will not exceed the Offered NMCs, and (ii) will provide Truro
with the Brewster electric accounts to which NMC’s are to be allocated together with the
percentage of such NMC’s to be assigned to each such account. Such Contracted NMCs
shall then become the basis for the NMC allocation between the Parties. For avoidance
of doubt, the actual financial value of the NMCs will fluctuate from month to month with
the performance of the solar facility and the value of NMCs and rates 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 provide Truro with its Eversource account numbers and percentage
allocations to each account to which NMCs are to be allocated. To the extent that
Brewster purchases electricity from a competitive electricity supplier for any of such
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accounts, Brewster shall request consolidated billing, so that its electricity supply charges
are included on the Eversource invoices for such accounts. Truro will submit a Schedule
Z to Eversource with Brewster’s as well as Truro’s NMC allocations. The Parties
understand and acknowledge that Eversource limits changes to a Schedule Z to twice per
calendar year.
C.If, during the term of this Agreement, Truro intends to file a Schedule Z to adjust the
allocation of NMCs to its own electric accounts, it shall provide Brewster advance
written notice so that Brewster will have an opportunity either to make an adjustment to
its own accounts or initiate a modification of its Contracted NMCs in accordance with
Section 2C, below. If Brewster desires to make such an adjustment or modification, it
shall provide written notice to Truro within 30 days of receipt of Truro’s notice. If
Brewster does not provide such notice, Truro may proceed to file a Schedule Z without
adjustment to Brewster’s NMC allocation.
D.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),
but without the need for an estimate of financial value. The revised Contracted NMCs
will become the new basis for NMC allocation only when implemented by Eversource
following the filing of a revised Schedule Z. If, however, within 30 days following
delivery of its Offered NMCs to Brewster, Truro has not received a response from
Brewster, Truro may prepare and file a revised Schedule Z with Eversource according to
Truro’s Offered NMCs, with allocations to Brewster’s accounts adjusted pro rata to its
then current allocations.
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E.Within 30 days’ of receipt of the Eversource invoices for Brewster’s electric accounts on
the 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.
F.The Parties agree to exchange documentation as needed to confirm the transactions,
including electric bills or other correspondence sent to or received from Eversource.
Before the end of each fiscal year on a date to be agreed upon, the Parties shall designate
representatives who shall meet to review NMCs allocated to Brewster and amounts paid
by Brewster for the fiscal year, and the associated Eversource invoices for Brewster’s
Schedule Z electric accounts. To the extent that such review indicates an underpayment
or overpayment, the Parties shall cooperate so that the payment or credit, as applicable,
necessary to rectify the discrepancy is promptly made by the appropriate Party.
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.
Notwithstanding the foregoing, any change to an existing NMC allocation to Brewster will
not take effect unless and until a revised Schedule Z has been filed with and implemented by
Eversource.
5
4.The Parties shall reasonably cooperate and assist each other in performing all activities and in
the execution of other instruments necessary to implement the provisions of this Agreement,
including without limitation, drafting and filing Schedule Zs, and conferring with Eversource
or Truro’s counterparty under the NMCA. The Parties shall also reasonably cooperate and
exercise reasonable efforts to negotiate and resolve any disputes arising under this
Agreement.
5.Appropriation. Brewster’s obligations to purchase NMCs from Truro shall be subject to
appropriation. If Brewster anticipates insufficient funds to pay for NMCs, it shall make
reasonable efforts to notify Truro of such as soon as reasonably practicable, upon which
notification the Parties shall confer regarding the status of funding, the allocation of other
available funds, if any, and/or reducing Brewster’s NMC allocation through the filing of a
revised Schedule Z with Eversource.
6.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.
7.Termination. Notwithstanding anything to the contrary in this Agreement: This Agreement
may be terminated for any reason, or no reason, by either party upon ninety (90) days written
notice to the other party; provided, however, that Truro may terminate this Agreement upon
30 days’ written notice in the event Brewster fails to pay undisputed amounts for NMCs
allocated to its electric accounts by Eversource, unless Brewster cures such failure within
such 30-day period, and Brewster shall be entitled to keep and be obligated to pay for all
NMCs allocated to its electric accounts by Eversource before and after termination, provided
that the Parties shall reasonably cooperate to file a revised Schedule Z with Eversource as
soon as reasonably practicable following any termination of this Agreement.
6
8.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.
9.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.
10.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.
11.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.
12.No Third Party Beneficiaries. Notwithstanding anything to the contrary herein, there are no
third party beneficiaries to this Agreement.
13.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
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.
14.Assignment. Neither Party may assign this Agreement in whole or in part without the written
consent of the other Party. Subject to the foregoing, this Agreement shall be binding upon
7
and inure to the benefit of each of the Parties hereto and the respective heirs, legal
representatives, successors and assigns of each.
15.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.
16.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
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
____________________________ ____________________________
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Email: Townmanager@brewster-ma.gov
Website: www.brewster-ma.gov
Licensing Board
Rules and Regulations
Purpose:
The Select Board is the Local Licensing Authority (LLA) for the Town of Brewster and has sole
authority for the issuance and regulation of all licenses within the Town. The Select Board will
exert every effort to provide the residents and guests of the Town with establishments offering
quality goods and services and will resist issuance of licenses to establishments with a
consistent operation of poor-quality goods and services. It shall be the policy of the Select
Board to deny the issuance of licenses to any person, corporation, or business that has neglected
or refused to pay any local taxes, fees, assessments, betterments, other municipal charges or
who has outstanding violations with any town department. In furtherance of this purpose, the
Select Board of the Town of Brewster adopts the following rules and regulations.
Compliance:
Where the Town of Brewster Licensing Board Rules and Regulations conflict with the General
Laws of the Commonwealth of Massachusetts, the General Laws shall prevail. The General
Laws most frequently referred to herein relating to these Rules and Regulations are:
Chapter 138, Alcoholic Liquors
Chapter 140, Licenses
References to the General Laws are indicated herein by the letter "c" for the Chapter and by the
symbol "§" for the Section, i.e., c.138 § 1. Where the Town of Brewster Licensing Board Rules
and Regulations conflict with the Rules and Regulations of the Alcoholic Beverages
Commission, the latter shall govern.
Chapter 138, Section 2 prohibits sale, storage, transportation, importing, exporting,
manufacturing with the intent to sell, keeping for sale and exposing for sale without a license. If
any individual conducts such activities without a license they are in violation of Chapter 138.
The license and any permits required for premises operations must be posted in a conspicuous
location within the licensed premises, clearly visible and accessible for inspection by
regulators, enforcement officers and the general public.
Policy No: 2
Date Approved: June 8, 1987
Dates Amended: 8/25/1997
6/05/2023
1
Omissions and Waivers:
The omission of reference in part, or in its entirety, to any law, code, ordinance or regulation
taking precedence over the Rules and Regulations set forth herein shall not constitute a waiver
on the part of the Town to require the applicant to comply with the law, code, ordinance or
regulations.
Authorization to Issue Licenses:
The Select Board, acting as the Local Licensing Authority, authorizes the issuance of the
following licenses: Liquor Licenses (for both on-premises under §12 and off-premises
consumption under §15 and Special Licenses under §14), Common Victualler, Inn Holder &
Lodging, Entertainment, Hawker & Peddler, Auctioneer, Class II and Livery, New and Used
Car Dealers, and Special Event Licenses.
No license shall be issued until payment in full of all applicable fees is received by the
Town. Fees may vary depending upon the type of application submitted, license fees are non-
refundable. Additional fees may be required by other town departments or organizations (i.e.,
Police Department, Building Department, Commonwealth of Massachusetts).
The licensed premises shall at all times be subject to inspection by the Local Licensing
Authority, the Alcoholic Beverages Control Commission (ABCC), the Brewster Police, the
Fire Department, Building Commissioner/Inspector, Board of Health agent or other duly
authorized Town agents.
Local Alcoholic Beverages Licensing Regulations
The Select Board takes very seriously the responsibility of granting liquor licenses and
expects all applicants to adhere to the regulatory requirements. Failure to comply may result
in the suspension, cancellation or revoking of a license previously granted or the refusal to
grant or renew the license. No license can be issued, surrendered, transferred, sold or
amended without the specific prior approval of the LLA, subject to the provisions of the
applicable law of the Commonwealth.
The Licensee is responsible in acquiring all permits, licenses, and/or certifications necessary
to conduct business; and be responsible for prompt notification to the LLA of any projected
change or amendments to the approved license.
Types of Retail Licenses
Section 12 (On- Premises)
Commonly referred to as a “Pouring License”, seven types of pouring licenses exist: hotel,
restaurant, tavern, club, general-on-premises, continuing care retirement community and War
Veteran’s Club. Licenses authorizing sale of beverages to be drunk on premises issued to a
common victualler dully licensed under Chapter 140, to conduct a restaurant, an innholder duly
licensed under said chapter to conduct a hotel, a pub brewer, a continuing care retirement
community and a keeper of a tavern as defined by Chapter 140, in the Town of Brewster wherein
the granting of licenses under this section to sell all alcoholic beverages or only wines and malt
2
beverage and a keeper of tavern will be treated as a new application as outlined above and on the
applicant check list.
Section 14 (Special License)
Commonly referred to as “one-day” licenses, a special license to pour liquor at an indoor or
outdoor activity may be issued to the responsible manager. No person may be granted such
licenses permitting sales on an aggregate of more than 30 days in a calendar year. No Special
License under Section 14 shall be granted to any person while his/her application for an
annual and or seasonal license under Section 12 is pending before the LLA or before the
ABCC.
Special licenses for the sale of all alcoholic beverages, wine, or malt beverages, or any of
these beverages, may be issued by the LLA only to a person at least 21 years of age acting on
behalf of a nonprofit organization. No other person may be issued a special license to sell all
alcoholic beverages. Special licenses for the sale of wine, malt beverages, or both, may be
issued by the local licensing authorities to any person at least 21 years of age who is
conducting an activity or enterprise for profit.
Section 15 (Off-Premises)
Commonly referred to as a “Package Store License” which can be used in various types of
business (e.g., package stores, supermarkets and convenience stores).
Categories of Retail Liquor Licenses:
All alcoholic beverages (wines, malt beverages, and distilled spirits)
Wine only
Malt beverages only
Wine and malt beverages
The quota of liquor licenses is based on the municipality’s population enumerated in the most
recent federal census. Brewster is notified by the ABCC what the quota of licenses is
determined by the most recent census.
The quota of liquor licenses is based on the municipality’s population enumerated in the most
recent federal census. Brewster is notified by the ABCC what the quota of licenses is
determined by the most recent census.
Application Procedures:
All license applications must be submitted in complete form for the LLA to consider, contact the
Town Manager’s office to obtain the Town Liquor License application. The ABCC requires an
application to be completed for liquor licenses, this is in addition to the Town’s application. The
ABCC application and checklist can be found here, Apply for an Alcoholic Beverages Retail
License (New or Transfer) | Mass.gov. All applications, accompanying documents and payment
must be received at least 4 weeks in advance of a Select Board meeting. Town Manager’s office
will determine the timeline of events for advertisement, abutter’s notification, public hearing, etc.
3
While the Town Manager’s office will assist any individual with the filing of an application, it is
not the responsibility of the office staff to prepare the application or other required forms;
accordingly, any deficiencies and/or omission in an application shall be deemed the
responsibility of the applicant.
New Annual/Seasonal Liquor Licenses:
Applicant shall prepare and compile all documents required by General Law, ABCC and
the Town of Brewster and submit to the Town Manager’s office. The applicant shall be
responsible for ensuring the licensed premises has successfully passed all building/fire
inspections, and that all taxes are paid to date.
A public hearing will be scheduled and placed on an upcoming Select Board meeting
agenda; notice will be published in the local newspaper at least 10 calendar days in
advance of said hearing. Applicants are required to send a copy of the notice, by certified
mail to all direct abutters and provide proof as part of the application.
The application will be sent to Department Heads for review and comments; feedback
will be shared with the LLA in the e-packet prior to the public hearing.
At the hearing the LLA will consider input from the applicant, town staff, and interested
members of the public relative to the application.
Should the LLA vote to approve the new license, the application will subsequently be
forwarded to the ABCC for its consideration. When properly granted or renewed, annual
licenses shall be effective from January 1 through December 31 of the same year, or from
the date in which the ABCC approves until December 31 of the same year.
The LLA sets the terms that a seasonal licensee can operate. The LLA can permit a seasonal
licensee to operate as late as January 15th. Requests for extensions must be in writing to the
LLA stating the reason for the extension request. If license extension is granted, the fee of
$175.00 and notification will be made to the ABCC. No one-day license can be issued or allowed
on that seasonal license premises during the dormant period.
Renewal of Annual/Seasonal Liquor Licenses:
The applicant shall be responsible for meeting all renewal requirements and deadlines
established by General Law, the ABCC and the Town of Brewster.
The Town Manager’s office will mail all annual and seasonal liquor licenses holders a
renewal application that must be signed in the month of November (for Annual) and in
the month of March (for Seasonal).
Renewals will be reviewed and acted upon by the LLA during their respective months.
The LLA will analyze each request on an individual basis and notify the licensee
accordingly.
The application must include a Liquor Liability Statement and provide a Certification of
Insurance showing the policy number and expiration date.
The applicant shall be responsible for ensuring the licensed premises has successfully
passed all building/fire inspections, and that all taxes are paid to date.
Annual and Seasonal license holders wishing to reduce the period of service to meet the
public need, i.e., twelve months of the year from January 1 to December 31 and from
4
April 1 to November 30, respectively, shall submit a request in writing to the Licensing
Board. Justification for the request shall be submitted therewith.
The following transactions all require an application to be submitted to the Local Licensing
Board, upon the decision of the Board, the application will be submitted to the ABCC:
New License • Change of Location
Transfer of License • Alteration of License Premises
Change of Manager • Change of Corporate Name
Change of Offices/Directors/LLC Managers • Change of Ownership Interest
Change of Class (i.e., Annual/Seasonal) • Change of Corporate Structure
Change of License Type (i.e., club/restaurant) • Pledge of Collateral
Change of Category (i.e., All Alcohol/Wine/Malt) • Mgt/Operating Agreement
Issuance/Transfer of Stock/New Stockholder • Change of Hours
Change of DBA
Applications must be made to the LLA prior to any of the above-listed actions take effect relative
to an existing license and/or licensed premises. All required fees must be paid in full prior to the
issuance of any new or modified license.
See below for “Special” (One-Day) Liquor Licenses.
Entertainment Licenses:
An Annual or One Day Entertainment License is required for any form of entertainment
including (but not limited to) recorded music, live music, amplified or acoustic music,
theatrical exhibitions, plays, disc jockey, coin operated games, pool/billiards, etc. This applies
to the use of entertainment/music inside and/or outside. The applicant must complete the
Entertainment License Application and submit it to the Town Manager’s office.
New Annual Entertainment Licenses:
A completed application and payment must be submitted to the Town Manager’s
office.
A public hearing will be scheduled and placed on a future Select Board meeting
agenda; notice will be published in the local newspaper at least 10 calendar days in
advance of the public hearing.
Applicants are required to send a copy of the notice, by certified mail to all direct abutters
and provide proof as part of the application. The abutters letter and list will be supplied to
the applicant by the Town Manager’s office.
The application will be reviewed by Department Heads for comment; feedback will be
shared with the LLA in the e-packet prior to the public hearing.
Renewals:
The Town Manager’s office will contact all Annual Entertainment License holders for
renewal in the month of May.
5
A public hearing will be scheduled and placed on an upcoming Select Board meeting
agenda; notice will be published in the local newspaper at least 10 calendar days in
advance of said hearing.
At the hearing the LLA will consider input from the applicant, town staff and interested
members of the public relative to the application.
For One-Day Entertainment licenses, complete applications must be submitted to the Town
Manager’s office at least 4 weeks prior to a Select Board meeting. Applications will be
reviewed by various Department Heads for comment and feedback that will be shared at the
Select Board meeting and with the applicant.
Common Victualler, Inn Holder & Lodging Licenses
A completed application must be submitted to the Town Manager’s office at least 4 weeks
prior to a scheduled Select Board meeting with all required documentation and payment. A
public hearing may be scheduled with notice published in the local newspaper at least 10
calendar days in advance of said hearing. The LLA will review the application and feedback
from town staff to determine if a license shall be issued. Licenses will not be issued to any
applicant if there are any outstanding violations or unpaid taxes. All licenses are valid for one
calendar year and must be renewed through the Town Manager’s office in December of each
year.
Hawker & Peddler, Class II and Livery, New and Used Car Dealer Licenses
A completed application must be submitted to the Town Manager’s office at least 4 weeks
prior to a scheduled Select Board meeting with all required documentation and payment. The
application will be reviewed by various departments and feedback provided to the Select
Board for consideration. The LLA will consider the application during a Select Board
meeting. All licenses are valid for one calendar year and must be renewed through the Town
Manager’s office in the month of December each year. Please note that fingerprinting is
required for all Hawker & Peddler Applications per the Town Bylaw.
Special Event Licenses
A property not specifically designed or permitted to be used for infrequent events occurring
within a 24-hour period such as, but not limited to, art or theatrical exhibitions, concerts,
dinners, parties and weddings, to be attended by the public, including properties not expressly
permitted to be rented for such occasions. Applications for 5 or fewer events per year must
receive a license from the Select Board. Applications for greater than 5 events per year must
receive a Special Permit from the Board of Appeals.
A complete application must be submitted to the Town Manager’s office at least 4 weeks prior to
a scheduled Select Board meeting with all required documentation. Applicants are required to
notify abutters via certified mail to all direct abutters and provide proof as part of the application.
The abutters letter and list will be supplied to the applicant by the Town Manager’s office. The
application will be reviewed by Town staff for comments; feedback will be shared with the LLA
in the e-packet prior to the public hearing.
6
Operating the Business
“Licensed Hours” are those which are designated on the licensee’s alcohol license issued by the
local licensing authority. Massachusetts Sate Law says that §12 licensees cannot be barred from
serving alcohol between 11:00am and 11:00pm. LLAs may grant extended operating hours. In no
event can sales be made between 2:00am and 8:00am. Licensed establishments may operate
outside of licensed hours where permitted but may not serve/sell alcohol outside of licensed hours.
A violation of any of the following restrictions shall constitute a violation.
Closing Hours: the following was approved in the minutes of Select Board meeting on September
25, 1984:
“Please be advised that the closing hour for all liquor establishments in the Town of
Brewster is 1:00 o'clock a.m. unless the license specifies an earlier closing time. No
orders for alcoholic beverages shall be taken after 12:40 a.m., referred to as "Last
Call" and all beverages must be cleared from the tables and service area no later than
1:00 a.m. and no person, employee or otherwise, shall remain on the premises after
2:00 a.m. The regulation is promulgated by the Brewster Licensing Board by
provisions of Chapter 138, Section 12 of the General Laws of the Commonwealth
of Massachusetts, and the Brewster Police Department is notified to enforce the
closing hour. This regulation shall be in full force and effect from this date unless
specifically waived in writing by said Licensing Board.”
Chapter 138, Section 12- Sale of alcoholic beverages to be drunk on-premises
Hours during which sales of alcoholic beverages may be made by any licensee shall be fixed by
the LLA either generally or specifically for each license. Licensees cannot be barred from serving
alcohol between 11:00am and 11:00pm Monday through Saturday. In no event can sales be
made between 1:00am and 8:00am. A licensee can open on a Sunday at 12:00 noon, the
exception to this is if the LLA accepts M.G.L c. 138, §33B, they may authorize a restaurant, hotel,
club, or veterans club to open as early as 10:00am.
Chapter 138, Section 15- Sale of alcoholic beverages not to be drunk on the premises
Any holder of a license under this section shall be permitted to make sales in accordance with the
terms of their license at any time between 8:00 a.m. and 11:00 p.m. Monday through Saturday,
except where otherwise noted. Licensee chooses the hours of sale on a Sunday, so as long as the
sales do not commence before 10:00am and conclude not later than 11:00pm or 11:30pm on a
day before a legal holiday.
Minimum hours of operation under section 15:
Package Goods Store Annual License - 9:00 a.m. to 9:00 p.m. Monday through Saturday,
unless otherwise noted.
Any licensee intending to close a licensed premise, whether on a temporary or permanent basis,
must notify the LLA in writing prior to such closing stating reasons why the premises will be
closed and when the premises will reopen, i.e., renovations, vacations, natural disasters.
7
“SPECIAL”/ ONE-DAY LIQUOR LICENSES
A Special one-day license granted under M.G.L c. 138, §14 does not require the approval of
the ABCC. As ABCC approval is not necessary, the local licensing authority may impose
additional regulations/conditions with respect to these licenses. A one-day license to pour
liquor at an indoor or outdoor activity or enterprise may be issued to the responsible manager.
No special license shall be granted to any person while his/her application for an annual or a
seasonal license is pending before the local licensing authority. No person may be granted such
licenses permitting sales on an aggregate of more than 30 days in a calendar year.
The number of persons on the licensed premises shall not exceed the occupancy limits allowed
by law for the premises. The hours of sale and service shall not deviate from those permitted for
retail liquor licenses. No alcoholic beverages may be sold, served or consumed on the licensed
premises, or in adjacent premises such as parking or recreational areas, after the expiration time.
The applicant, or other designated person will be responsible for the orderly conduct of the
function/event for which the license is issued. Function related activities must not create an
undue imposition upon any adjacent residences, the local licensing authority may require the
applicant to notify abutters prior to the function.
Any individual or organization interested in acquiring a One-Day Only Liquor License to sell
all alcoholic or wine and malt beverages must follow the following procedures:
Fingerprinting of the responsible manager may be required through the Brewster Police
Department, additional fees are associated with this process. Please allow additional
time for processing.
Complete an application and return to the Town Manager’s Office with the fee, at least
4 weeks prior to a Select Board meeting. Additionally, the local licensing authority
may require a site plan of the proposed event and abutter notification may be required.
If fingerprints are required, the applicant will be notified.
The application will be submitted for review by various department heads who will
provide feedback and recommendations to the local licensing authority.
During the scheduled Select Board meeting, the application will be voted on for
approval or denial. If approved the applicant will be notified and provided with a
signed one-day liquor license for their proposed event. If denied, the applicant will be
notified within 24 hours of the Select Board meeting of the decision.
Enforcement
The local licensing authority and any enforcement designees (Police Department, Fire
Department, Building Inspector, Board of Health, or other duly authorized Town agents) may at
any reasonable time make an investigation on its own initiative as to compliance with license
requirements.
8
Terms, Licensing excerpts:
The following is excerpted from the Massachusetts General Laws, Chapter 138, Section 23 and is
inserted here to emphasize a strict policy of the Board.
"Whenever, in the opinion of the local licensing authorities, any applicant for
a license under Section 12, 14, 15 and 30A fails to establish to their
satisfaction his compliance with the requirements in this chapter...said
authorities may refuse to issue or reissue to such applicant any such license;
and whenever in their opinion any holder of such a license fails to maintain
compliance with this chapter or it appears…therein in violation of any
provision of this chapter, they may, after hearing or opportunity therefore,
modify, suspend, revoke or cancel such license, or may levy a fine in
accordance with regulations which shall be promulgated by the alcoholic
beverages control commission;..."
Suspension, Forfeiture of license hearing
The following is excerpted from the Massachusetts General Laws 138, Section 64 and is inserted
here to emphasize a strict policy of the Board.
"The Licensing authorities after notice to the licensee and reasonable opportunity
for him to be heard by them, may modify, suspend, revoke or cancel his
licenses upon satisfactory proof that he has violated or permitted a violation of any
condition thereof, or any law of the commonwealth… If the license is revoked, the
licensee shall be disqualified to receive a license for one year after the expiration of
the term of the license so revoked, and if he is the owner of the premises described in
such revoked license, no license shall be issued to be exercised on said premises for
the residue of the term thereof."
Appeal of Decisions
A licensee has five business days from receipt of the written decision to appeal to the ABCC a
decision made by the Local Licensing Authority.
A licensee has thirty (30) calendar days from receipt of the written decision of the ABCC to
appeal the decision to the Superior Court.
Approved by the Brewster Select Board:
__________________________ __________________________
Dave Whitney, Chair Edward Chatelain, Vice Chair
__________________________ __________________________
Kari Hoffmann, Clerk Mary Chaffee
__________________________
Cindy Bingham
9
POLICY NO: 2
DATE APPROVED: 6/8/87
AMENDED: 8/25/97
TOWN OF BREWSTER
LICENSING BOARD
RULES AND REGULATIONS
PURPOSE
The Licensing Board of the Town of Brewster will exert every effort to provide the residents and
guests of the Town with establishments offering quality goods and services and will resist
issuance of licenses to establishments with a consistant operation of poor quality goods and
services. In furtherance of this purpose, the Board of Selectmen of the Town of Brewster adopts
the following rules and regulations.
COMPLIANCE
Where the Town of Brewster Licensing Board Rules and Regulations conflict with the General
Laws of the Commonwealth of Massachusetts, the General Laws shall prevail. The General Laws
most frequently referred to herein relating to these Rules and Regulations are:
Chapter 138, Alcoholic Liquors
Chapter 140, Licenses
References to the General Laws are indicated herein by the letter "C" for the Chapter and by the
letter "s" for the Section; i.e., C. 138/s 1.
COMPLIANCE WITH ALCOHOLIC BEVERAGES CONTROL COMMISSION RULES
AND REGULATIONS
Where the Town of Brewster Licensing Board Rules and Regulations conflict with the Rules and
Regulations of the Alcoholic Beverages Commission, the latter shall govern.
OMISSIONS AND WAIVERS
The omission of reference in part, or in its entirety, to any law, code, ordinance or regulation
taking precedence over the Rules and Regulations set forth herein shall not constitute a waiver on
the part of the Town to require the applicant to comply with the law, code, ordinance or
regulations.
SECTION 12:
Licenses for Alcoholic Beverages to be Drunk on the Premises issued to Common Victuallers
licensed under Chapter 140, Licenses, to conduct a restaurant, an innholder, to conduct a hotel
and a keeper of a tavern will be treated as a new application as outlined above and on the
Applicant Check List. Action by the Board on renewal of annual licenses shall be made during the
month of December.
Renewals for seasonal licenses under Section 12 and 15 shall be made automatically during the
MONTH OF MARCH unless the application fails to meet the requirements of the Massachusetts
General Laws or these regulations. Action by the Board on renewal of seasonal licenses shall be
made after March 1, and shall terminate at the discretion of the Board, but not before June 1.
Annual and Seasonal license holders wishing to reduce the period of service to meet the public
need, i.e. twelve months of the year from January 1 to December 31 and from April 1 to
November 30, respectively, shall submit a request in writing to the Licensing Board. Justification
for the request shall be submitted therewith. The Licensing Board shall analyze each request on
an individual basis and notify the licensee accordingly in writing.
Payment for renewed licenses must be made at the time the license is picked up by the licensee.
Seasonal License Extensions requests must be made in writing by the licensee, stating the reason
for the extension request. If license extension is granted, the fee is $175.00 and notification will
be made to the ABCC.
Closing of Licensed Premises - The licensee's request must be in writing to the licensing
authority, stating reasons why the premises will be closed and when the premises will reopen, i.e.,
renovations, vacations, natural disasters.
TERMS, LICENSING EXCERPTS
The following is excerpted from the Massachusetts General Laws, Chapter 138, Section 23 and is
inserted here to emphasize a strict policy of the Board.
"Whenever, in the opinion of the local licensing authorities, any applicant
for a license under Section 12, 14, 15 and 30A fails to establish to their
satisfaction his compliance with the requirements in this chapter...said
authorities may refuse to issue or reissue to such applicant any such
license; and whenever in their opinion any holder of such a license fails
to maintain such compliance or whenever it shall appear to them that the
nature of the business...no longer satisfies the definition thereof contained in
chapter, or that alcoholic beverages are being sold, served or drunk therein
in violation of any provision of this Chapter, they may, after hearing or
opportunity therefor modify, suspend, revoke, or cancel such license."
the applicant resides..." and shall follow the description of the design under
Regulation 51 of the ABCC Rules and Regulations in Full Force and
Effect 1975.
SUSPENSION, FORFEITURE OF LICENSE HEARING
The following is excerpted from the Massachusetts General Laws 138, Section 64 and is inserted
here to emphasize a strict policy of the Board.
"The Licensing authorities after notice to the licensee and reasonable opportunity
for him to be heard by the Board, may modify, suspend, revoke or cancel his
licenses upon satisfactory proof that he has violated or permitted a violation of any
condition thereof, or law of the Commonwealth...if the license is revoked, the licensee
shall be disqualified to receive a license for one year after the expiration of the term of
the licenses revoked, and if he is the owner of the premises...no license shall be issued
to be exercised on said premises for the residue of the term thereof"
CLOSING HOURS (Minutes of 9/25/84)
Please be advised that the closing hour for all liquor establishments in the Town of Brewster is
1:00 o'clock a.m. unless the license specifies an earlier closing time. No orders for alcoholic
beverages shall be taken after 12:40 a.m., referred to as "Last Call" and all beverages must be
cleared from the tables and service area no later than 1:00 a.m. and no person, employee or
otherwise, shall remain on the premises after 2:00 a.m. COPY FROM REGULATIONS
APPROVED BY BOARD is attached. The regulation is promulgated by the Brewster Licensing
Board by provisions of Chapter 138, Section 12 of the General Laws of the Commonwealth of
Massachusetts, and the Brewster Police Department is notified to enforce the closing hour. This
regulation shall be in full force and effect from this date unless specifically waived in writing by
said Licensing Board.
CHAPTER 138, SECTION 12 - SALE OF ALCOHOLIC BEVERAGES TO BE DRUNK ON THE
PREMISES - Common Victuallers (Restaurants), Innholders, Clubs, etc. - Hours during which
sales of alcoholic beverages may be made by any licensee as aforesaid shall be fixed by the local
licensing authority either generally or specifically for each license. No licensee shall be restricted
in accordance with the terms of the license from making sales after 11:00 a.m. and before 11:00
p.m. Monday through Saturday or 12:00 noon Sunday, except where otherwise noted.
CHAPTER 138, SECTION 15 - SALE OF ALCOHOLIC BEVERAGES NOT TO BE DRUNK ON
THE PREMISES - Package Good Stores - Any holder of a license under this section shall be
permitted to make sales in accordance with the terms of their license at any time between 8:00
a.m. and 11:00 p.m. Monday through Saturday, except where otherwise noted.
MINIMUM HOURS OF OPERATION UNDER SECTION 12
Innholders Annual License - minimum hours of operation Saturday and Sunday from 12:00 noon
to 7:00 p.m. December first through April first. The licensing authority must be notified in
writing the exact hours the Inn will be in operation.
Common Victualler Annual Licensee - must remain open at least four (4) hours daily December
first through April first. Upon renewal of license this Board must be notified in writing the exact
hours the restaurant will be in operation.
MINIMUM HOURS OF OPERATION UNDER SECTION 15
Package Goods Store Annual License - 9:00 a.m. to 9:00 p.m. Monday through Saturday, unless
otherwise noted.
ATTACHED DOCUMENTS
The following attached documents are hereby made part of these Rules and Regulations as if
incorporated herein.:
Calendar of Holidays for Current year
Application Check List
ABCC Document
BLB Document
BREWSTER LICENSING BOARD
ONE -DAY ONLY LIQUOR LICENSE Effective January 1, 1984
Any individual or organization interested in acquiring a One -Day Only Liquor License to sell all
alcoholic or wine and malt beverages must follow the following procedures:
1. Fill out an application and return to the Selectmen's Office with the fee.
2. A completed list of "parties of interest" must accompany the application.
Parties of interest shall mean petitioner, abutters, owners of land directly
opposite on any public or private street or way, and must be certified by
the Board of Assessors.
3. A public hearing date will be set and a legal advertisement will be placed
in a local newspaper.
4. The petitioner must send out by certified mail a copy of the legal
advertisement as it appeared in the local newspaper within three (3)
days of publication to all those "parties of interest" listed, and the
cost for both the certified mailings and legal advertisement are to be
borne by the petitioner.
5. The legal hearing must be held prior to any function requesting a
One -Day Only Liquor License.
CHANGE OF MANAGER - ALL ALCOHOLIC BEVERAGE LICENSED
ESTABLISHMENTS
Effective December 1, 1984 all requests for CHANGE OF MANAGERS will be handled as
follows:
1. Petition for Change of Manager (Form 997) must be completed in
duplicate.
2. Petition filed by corporation shall be signed by some officer duly
authorized by a vote certified by the clerk or secretary of the
corporation, together with a copy of the certificate of its
corporation. A copy of the vote appointing its manager or other
principal representative, and a copy of the manager's birth
certificate or proof of U. S. citizenry, shall also accompany the
petition.
Filing fees: A certified check payable to the Commonwealth of Massachusetts, and a
check payable to the Town of Brewster must accompany petition.
The Administrative Secretary will set up a hearing date when all requested information has been
received.
The hearing date will be posted on the Selectmen's Agenda at least forty-eight (48) hours prior to
the date and time of the scheduled meeting. The Board of Selectmen will review the petition for
change at the designated meeting.
APPLICATION FOR LIQUOR LICENSE
Application must be submitted in addition to the ABCC application. There is a separate fee for a Town of Brewster
Liquor License based on the type. Payment is required to process and is non-refundable once the license is
approved. Following submission of a completed application the request will be scheduled for a public hearing
during at a Select Board meeting. Please allow 4-6 weeks for processing, submit to Town Manager’s office or
licenses@brewster-ma.gov.
Type of Liquor License (please choose all that apply):
꙱New License ꙱Transfer of License ꙱Change of Class ꙱Change of Category
꙱Other______________________________ ꙱Seasonal ꙱Annual
꙱§12 “Pouring License” (e.g., restaurants, hotels, clubs, taverns, general on-premises)
꙱§15 “Package Store License” (e.g. package stores, convenience stores)
꙱All alcoholic beverages ꙱Wine only ꙱Malt beverages Only ꙱Wine and malt beverages
Please note that Brewster has a certain number of licenses allowed by the ABCC.
Section 1: Applicant Information
Applicant’s Name:
Applicant’s Address:
Telephone # and Email Address:
Section 2: Business Information
Business Name and d/b/a (if applicable):
Business Address:
Business Mailing Address:
Proposed Hours of Operation:
Proposed Hours of Liquor Sales:
Office of:
Select Board
Town Manager
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
www.brewster-ma.gov
Description of premises:
Applicant must attach a site plan (map) of the property, detailing where liquor sales will occur.
Section 3: Additional Information:
Will there be any structural changes at the business address? Yes: ______ No: _____
*If yes, a building permit may be needed, please contact the building department for more information.
Will there be any entertainment provided at the business? Yes: ______ No: _____
*If yes, an Annual Entertainment or a One-day Entertainment License may be required, please contact the Town
Manager office for more information.
Will there be any food service or tobacco sales? Yes: _____ No: ______
*If yes, contact the Health Department to obtain required permits.
If abutter notification is required, the applicant will be provided with the abutter notification letter and address list. The
applicant must provide proof that notification was sent using certified mail. Abutter notification must be completed prior
to the public hearing. Failure to do so will result in a delay in processing.
Liquor Licensing Conditions:
Annual Liquor License holder establishments may not close for more than 30 consecutive days without
Local Licensing Authority (LLA) approval.
Applicant has reviewed the Alcoholic Beverages Control Commission Frequently Asked Questions.
Renewals for Annual licenses will begin in November of each year and in March for Seasonal licenses.
The license holder is responsible to submit all required paperwork and payment in a timely manner.
Once issued the Liquor License shall run with the original applicant. If there is any change in property
ownership, management, hours of sales, or type of liquor license, a new application must be submitted.
Liquor Licenses, when issued, come with the understanding that the LLA (the Select Board) has the
authority to call a hearing to review the status of the license upon:
o Any change of use or nature of use, or
o Any traffic problems that arise, noise concerns, or
o Any other unforeseen concerns that are raised that warrant attention, or
o Any issue, concern, and/or violation raised by Town officials, or
o Any notification from the ABCC of violations.
The LLA has full authority to condition, amend or revoke the Liquor License
Signature on the application attests that the applicant understands and accepts procedural conditions and
permits the Town to conduct site visits to the property.
Application and supporting documents will be distributed to municipal departments including (but not
limited to) Health, Building, Fire, Police, Conservation, Natural Resources and Planning for
feedback/comments.
Manager of record must submit to fingerprinting through the Brewster Police Department.
Fingerprinting Requirement:
In the fall of 2021, the Town of Brewster passed a bylaw requiring civil fingerprinting for the State and
National criminal history screening of applicants for the following municipal licenses: Alcoholic Beverages
License (Manager), Hawker & Peddler, and Ice Cream Truck Vendor.
Licensing applicants may appear at the Brewster Police Department, located at 631 Harwich Road, contact Lt.
Mawn at (508) 896-7011 x2101 or cmawn@brewster-ma.gov to schedule an appointment.
Payment of Fingerprinting Fees:
Fingerprinting fees include Federal, State and Local fees. Before being fingerprinted, all licensing applicants
must pay the statutory fingerprinting fee of thirty dollars ($30.00) with a money order or bank check payable to
the “Commonwealth of Massachusetts”. In additional to a signature, the money order or bank check shall
include the name of the applicant hand-printed in block letters.
The applicant must also pay the municipal fingerprint fee of seventy dollars ($70.00) by check submitted to the
Brewster Police Department.
*The Board of Selectman will not approved any Alcoholic Beverages License, Hawker & Peddler, or Ice Cream
Truck vendor applications until the results of the State and National criminal history information has been
received. This will take a minimum of 2 weeks.
Applicant Signature: ____________________________________ Date: _____________________________
Internal Use Only:
Application Received:_________ Fingerprint Results Received:_________ Public Hearing Date:_________ Dept. Review: _________
Abutter Notification:__________ LLA Decision: ________ ABCC Submission Date:___________ ABCC Decision:_________
APPLICATION FOR
ONE-DAY LIQOUR LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager’s office or licenses@brewster-ma.gov.
Section 1: Applicant Information
Applicant/Property Owner:
Applicant’s Address:
Telephone # and Email Address:
Section 2: Event Information
Type of Event:
Location of Event:
Date of Event & Proposed Times:
Type of Liquor to be served (beer, wine, both, etc.):
Number of attendees anticipated:
Section 3: Server Information:
Server name, address, and phone #:
Has the server provided fingerprints to the Brewster Police Department in the last 3 years? Yes____ No____
*If no, please see page 2 and contact the Police Department to complete fingerprinting, the additional fees are to be
paid directly to the Police Department. This may delay your application processing time. *
Section 4: Additional Information:
Will food be provided? Yes_____ No_____ If yes, please contact the Health Department for a Temporary Food Permit.
Applicant Signature: ____________________________________ Date: ______________________________
Office of:
Select Board
Town Manager
Application Fee: $35.00
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
Please note in the fall of 2012 the Town of Brewster passed a bylaw requiring civil. fingerprinting for the state and national criminal history screening of applicants for the following municipal licenses:
Alcoholic Beverages License (Manager)
Hawker & Peddler
Ice Cream Truck Vendor
All holders of the above listed licenses must be fingerprinted. Licensing applicants may appear at the Brewster Police Department, located at 631 Harwich Road, contact Lt. Mawn at 508-896-7011 x 2102 or by email at cmawn@brewster-ma.gov to schedule an appointment.
Lt. Mawn Date
Payment of Fingerprinting Fees:
Fingerprinting fees include federal, state and local fees. Before being fingerprinted, all licensing
applications must pay the statutory fingerprint fee of thirty dollars ($30.00) with a money order
or bank check payable to the "Commonwealth of Massachusetts". In addition to a signature, the
money order or bank check shall include the name of the applicant hand-printed in block letters.
Licensing applicants may pay the municipal fingerprint fee of seventy dollars ($70.00) by check.
*The Board of Selectmen will not approve any Alcoholic Beverages License, Hawker & Peddler, or Ice
Cream Truck vendor applications until the results of the state and national criminal history information
have been received. This will take a minimum of 2 weeks.
1
APPLICATION FOR ANNUAL ENTERTAINMENT LICENSE
Following submission of a completed application and payment, allow up to 4-6 weeks before
a public hearing with the Select Board is scheduled. Submit complete application to Town
Manager’s office or email to licenses@brewster-ma.gov.
Section 1: Applicant Information TYPE: New Renewal
Name of Business/Corporation:
Name of Business Owner:
Business Address (location of entertainment):
Mailing Address if different:
Telephone # and Email Address:
Section 2: Type of Entertainment to be offered (check all that apply):
______ Dancing by patrons ______Live music ______Theatrical exhibitions/Play
______ Dancing by live performers ______Amplified music ______Disc Jockey
______ Karaoke ______Radio/Television ______ Coin operated Games
______Juke Box ______Recorded Music ______ Pool/Billiards
______Other (please explain):
Section 3: Proposed Days and Hours of Entertainment
Mondays: Start time: ____________ End time: ___________
Tuesdays: Start time: ____________ End time: ___________
Wednesdays: Start time: ____________ End time: ___________
Thursdays: Start time: ____________ End time: ___________
Fridays: Start time: ____________ End time: ___________
Saturdays: Start time: ____________ End time: ___________
Town of Brewster
2198 Main Street
Brewster, MA 02631
(508) 896-3701
www.brewster-ma.gov
Office of:
Select Board
Town Manager
2
Sundays: Start time: ____________ End time: ___________
Section 4: Location of Entertainment: ______Indoors ______Outdoors
If outdoors, the applicant must provide proof of ownership/lease for use of the outdoor space.
Please describe what efforts the applicant/business has taken to reduce the impact of noise from
outdoor entertainment to neighboring residents and businesses. Please attach a property map with
proposed locations of entertainment.
Section 5: Detailed Description of Proposed Entertainment
Section 6: Previous or Current Violations
In the past year, has the applicant or business been notified of any violations? ______ Yes ______No
If yes, please state the reason for the violation and the current status:
3
Entertainment licenses are valid July 1- June 30th each year. The Town Administration office will
contact current Annual Entertainment License holders in early May to renew their license. The
Select Board will hold a public hearing in the month of June to review all Annual Entertainment
Licenses. All taxes must be paid to the Town of Brewster before applications will be reviewed.
It is the responsibility of the applicant to understand the rules and regulations associated with
an entertainment license. By signing this form, the applicant certifies that he/she has read
Chapter 272, Section 29 thru 31 of Massachusetts General Law.
Applicant Signature: _____________________________________ Date: ________________
INSTRUCTIONS FOR AN ENTERTAINMENT LICENSE
1.Only completed applications accompanied with the required fees will be accepted. The
applicant will then be scheduled for a public hearing before the Select Board.
2.A COMPLETE application consists of the following:
a.A properly and completely filled out application form.
b.A site plan or diagram sketch of the property that includes the properties
buildings, parking, and proposed site for entertainment.
c.Check (made out to the Town of Brewster) or cash in the correct amount.
d.If requesting Entertainment on Sundays, an additional check made out to the
Department of Public Safety and a signed Commonwealth of Massachusetts
License for Public Entertainment on Sunday.
3.The Town Administration office will advertise the public hearing at least two weeks prior to
its date.
4.The Town Administration office will provide the applicant with an abutters map, list of
addresses and approved letter that the applicant must mail to abutters at least two weeks
prior to the public hearing date.
ENTERTAINMENT LICENSE FEES
One-Day Entertainment License $35 per event
Weekday License (Monday- Saturday) $250 per year
Sunday License* $50 after 1:00pm
$100 prior to 1:00pm
Coin Operated Amusement $30 per device
*Sunday Licenses are issued through the State, if applying for a Sunday license, the Town
Administration office will provide you with the required application.
LOCAL LICENSING AUTHORITY- BREWSTER SELECT BOARD
Upon written application describing the proposed entertainment, the Select Board may grant,
an entertainment license including reasonable terms and conditions. The Select Board may
revoke, cancel, or suspend any license issued upon evidence that the terms and conditions of
such license are being violated. No refund is possible after a license has been issued.
Any changes to the entertainment license that has been previously approved will require the
owner/business to apply for a new Entertainment License through the Select Board.
APPLICATION FOR
ONE-DAY ENTERTAINMENT LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager’s office or licenses@brewster-ma.gov.
Section 1: Applicant Information
Applicant’s Name:
Applicant’s Address:
Telephone # and Email Address:
Section 2: Event Information
Type of Event:
Location of Event:
Date of Event & Proposed Times:
Description of entertainment proposed (include name of band or DJ, and if entertainment will be live, acoustic
or amplified, etc.):
Will entertainment be performed indoors or outdoors:
Section 3: Additional Information:
Will temporary structures be erected (i.e., platforms, scaffolds, tents, pavilions, etc.)? Yes: ______ No: _____
*If yes, a building permit may be needed, please contact the building department for more information.
Number of anticipated attendees over the course of the event: _________ Maximum # at any one time: _______
Applicant Signature: ____________________________________ Date: ______________________________
Office of:
Select Board
Town Manager
Application Fee: $35.00
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
www.brewster-ma.gov
APPLICATION FOR
COMMON VICTUALLER LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager’s office or licenses@brewster-ma.gov
Section 1: Applicant Information
Applicant’s Name:
Applicant’s Address:
Telephone # and Email Address:
Section 2: Business Information
Name of Establishment:
Address of Business:
Name of Business Manager and Phone #:
Hours of Operation Seating Capacity:
Description of Business and Purpose:
Please note that the premises must be inspected by the Building Department, Health Department and Fire
Department before the Select Board will review the application. All municipal taxes must be paid prior to the
license approval.
Please submit the following with your application:
Copy of lease or deed
Copy of floor plan
Copy of Menu
Copy of Business Structure Documents (Articles of Organization, LLC Agreement, Partnership
Agreement, Business Certificate)
Applicant Signature: ____________________________________ Date: ______________________________
Office of:
Select Board
Town Manager
Application Fees: $50
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
APPLICATION FOR
INN HOLDER/LODGING HOUSE LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager’s office or licenses@brewster-ma.gov.
Section 1: Applicant Information
Applicant’s Name:
Applicant’s Address:
Telephone # and Email Address:
Section 2: Business Information
Name of Business and Federal ID #:
Address of Business:
Description and Purpose of Building Use:
Number of Rooms: ________ Occupancy at Capacity: ____________
Please submit the following with your application:
Copy of lease or deed
Copy of floor plan
Copy of Business Structure Documents (Articles of Organization, LLC Agreement, Partnership
Agreement, Business Certificate)
Applicant Signature: ____________________________________ Date: ______________________________
Office of:
Select Board
Town Manager
Application Fees: $50
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
APPLICATION FOR
HAWKER & PEDDLER LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Manager’s office or licenses@brewster-ma.gov.
Section 1: Applicant Information Type: Daily Annual
Applicant’s Name:
Applicant’s Address:
Telephone # and Email Address:
Section 2: Business Information
Name of Business and SS# or Federal ID #:
Address of Business:
Name of Business Manager & Phone Number:
Proposed Location of Business in Town:
Dates and Hours of Activity/Operation:
List all specific items for sale and the estimated quantity maintained on the premises:
Applicants must submit to fingerprinting through the Brewster Police Department, the Select Board will not
approve any application until the results of the fingerprints have been received. This will take a minimum of
two weeks. All payments for fingerprinting will be collected through the Brewster Police Department.
By signing this application, you agree and understand this permit will be issued in accordance with Mass.
General Law Chapter 101, Section 5.
Applicant Signature: ____________________________________ Date: ______________________________
Office of:
Select Board
Town Manager
Application Fees:
Daily: $50.00
Annual: $100.00
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
Please note in the fall of 2012 the Town of Brewster passed a bylaw requiring civil. fingerprinting for the state and national criminal history screening of applicants for the following municipal licenses:
Alcoholic Beverages License (Manager)
Hawker & Peddler
Ice Cream Truck Vendor
All holders of the above listed licenses must be fingerprinted. Licensing applicants may appear at the Brewster Police Department, located at 631 Harwich Road, contact Lt. Mawn at 508-896-7011 x 2102 or by email at cmawn@brewster-ma.gov to schedule an appointment.
Lt. Mawn Date
Payment of Fingerprinting Fees:
Fingerprinting fees include federal, state and local fees. Before being fingerprinted, all licensing
applications must pay the statutory fingerprint fee of thirty dollars ($30.00) with a money order
or bank check payable to the "Commonwealth of Massachusetts". In addition to a signature, the
money order or bank check shall include the name of the applicant hand-printed in block letters.
Licensing applicants may pay the municipal fingerprint fee of seventy dollars ($70.00) by check.
*The Board of Selectmen will not approve any Alcoholic Beverages License, Hawker & Peddler, or Ice
Cream Truck vendor applications until the results of the state and national criminal history information
have been received. This will take a minimum of 2 weeks.
APPLICATION FOR
LIVERY/ CLASS II LICENSE
Application must be submitted at least 4 weeks prior to the date of the event. Following submission of a
completed application and payment, the request will be placed on a Select Board meeting agenda for review.
Submit to Town Administration office or licenses@brewster-ma.gov.
Section 1: Applicant Information
Applicant’s Name:
Applicant’s Address:
Telephone # and Email Address:
Section 2: Business Information
Name of Business:
Place of Business:
Description of Vehicle(s): Please include the VIN numbers and number of seats exclusive of the operator
1.______________________________________________________________________________________
_
2.______________________________________________________________________________________
_
3.______________________________________________________________________________________
_
4.______________________________________________________________________________________
_
5.______________________________________________________________________________________
_
Office of:
Select Board
Town Manager
Application Fee: $75.00
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
List of all drivers and their MA License #:
1.______________________________________________________________________________________
_
2.______________________________________________________________________________________
_
3.______________________________________________________________________________________
_
4.______________________________________________________________________________________
_
5.______________________________________________________________________________________
_
The following must accompany this application:
A current list of rates for running the service.
Proof of insurance with the following amounts:
o $500,000-$1,000,000 Bodily Injury
o $100,000 Property Damage
Check made payable to the Town of Brewster for $75.00
By signing this application, you agree and understand Select Board Policy #1: The Rules and Regulations of
Taxi Cabs and the Operation Thereof
Applicant Signature: ____________________________________ Date: ______________________________
SPECIAL EVENT APPLICATION
Application must be submitted at least four (4) weeks prior to the date of the event. Please submit to Town
Manager’s office or licenses@brewster-ma.gov
Applications for 5+ events per year, must receive a Special Permit from the Zoning Board of Appeals and must
contact the Planning Department to facilitate the process.
APPLICANT INFORMATION
Applicant Name: ________________________________________ Phone #: __________________________
Applicant Address: _________________________________________________________________________
Business Name: __________________________________________ Email: ____________________________
EVENT INFORMATION
Type of Event: _____________________________________________________________________________
Location of Event (if different from applicant address): ____________________________________________
Date and Hours requested of proposed event: Date: ___________________ Times: ____________________
Maximum # of guests anticipated: ____________ Estimated # of vehicles at one time: ___________________
Is this event open to the public: Yes_____ No ______?
ADDITIONAL DETAILS
Will food be offered/provided at the event? Yes _____ No______
If yes, applicant must obtain a food service permit from the Health Dept.
Will alcoholic drinks be offered/served at the event? Yes _____ No______
If yes, applicant must obtain a one-day liquor license from the Select Board.
Will entertainment be provided at the event (amplified/acoustic/live)? Yes _____ No______
If yes, applicant must obtain a one-day entertainment license from the Select Board.
Will any temporary structures be erected (platforms, scaffolds, tents, pavilions, etc.)? Yes _____ No______
If yes, applicant must apply for a permit with the Building Dept.
*For applications submitted to the Select Board (Special Event, Liquor and Entertainment) licenses can be obtained at the same Select
Board meeting.
SUBMIT WITH APPLICATION:
Provide a brief description of the proposed event(s) on the reverse side of this application or on a
separate sheet of paper.
Provide a scaled site plan indicating property boundary, existing building location(s), driveway, proposed
parking, location of event activity and location of portable sanitary facilities if applicable.
Applicant is responsible to notify direct abutters and properties directly across the street via regular mail,
using the abutter notification form available through the Assessing Department.
Town of Brewster
2198 Main Street
Brewster, MA 02631
Phone: (508) 896-3701
Website: www.brewster-ma.gov
Office of:
Select Board
Town Manager
Licensed Special Event Conditions:
Special Event Licensing shall run with the original applicant. If there is any change in property ownership
or applicant, then a new application shall be submitted.
Special Event Licensing, when issued, comes with the understanding that the Select Board has the option
to call a hearing to review a Special Event License upon:
o Any change of use or nature of use, or
o Any traffic problems that arise, or
o Any other unforeseen concerns that are raised that warrant attention
o Notification of violations of the terms of the Special Event License, the Select Board has full rights
to amend or revoke the original Special Event License.
The Select Board has full authority to condition the Special Event License.
Signature on the application attest that the application understands and accepts procedural conditions
and permits the Town to conduct site visits to the property.
Application and supporting documents will be distributed to municipal departments including (but not limited
to) Health, Building, Fire, Police, Conservation, Natural Resources and Planning for feedback/comments.
A property, not specifically designed or permitted to be used for infrequent events occurring within a twenty-
four-hour period such as, but not limited to, art or theatrical exhibitions, concerts, dinners, parties, and
weddings, to be attended by the public, including properties not expressly permitted to be rented for such
occasions. Applications for five or fewer events per year must receive a license from the Select Board.
Applications greater than five events per year must receive a Special Permit from the Board of Appeals; provided,
however, that such venue has first received a license from the Select Board for such event. Special Permits for
Special Event Venue Uses shall be renewed annually [Added 5-6-2013 ATM, Art. 23; amended 11-13-2017 FYTM,
Art. 13; 12-3-2018 FYTM, Art. 11]
Applicant Signature: ___________________________________ Date: _____________________________
Office Use Only:
Notices Sent: ______________ Meeting Date: ________________ Date Approved: __________________
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BREWSTER SELECT BOARD POLICY #45
Date Adopted:12/16/13
Amended: 06/10/22
Amended: [insert date]
PUBLIC MEETING PARTICIPATION BY REMOTE TECHNOLOGY POLICY
A. PURPOSE
1. The Massachusetts Attorney General’s Regulations, 940 CMR 29.10, permit
remote participation by public body members in certain circumstances. This
policy defines how the Town of Brewster will utilize remote meeting
participation by public bodies.
2. The Town will strive to provide opportunities for both in-person and remote
participation at board and committee meetings to the greatest extent
practicable.
B. MINIMUM REQUIREMENTS FOR REMOTE PARTICIPATION
1. Brewster has adopted the provisions of 940 CMR 29.10(2), so 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.
2. The chair shall be responsible for ensuring that a quorum is physically present
at the meeting location. Members should select a chair who expects to be able
to be physically present at most meetings.
3. Members of a public body who participate remotely and all persons present at
the meeting location shall be clearly audible to each other.
4. 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).
5. 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. 23(d).
Office of:
Select Board and
Town Manager
6. The All Citizens Access Committee shall be exempt from these provisions.
C. FREQUENCY OF REMOTE MEETING PARTICIPATION
1. 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.
2. Members of regulatory boards (Select Board, Planning Board, Zoning Board of
Appeals, Board of Health, Conservation Commission, and Historic District
Commission) must be physically present for at least 75% of meetings of that
public body in a given fiscal year.
D. TECHNOLOGY
1. Remote participants shall use Town video conferencing media (e.g., Zoom).
2. When video technology is in use, the remote participant shall be clearly
visible to all persons present in the meeting location.
3. The chair or, in the chair's absence the person chairing the meeting, will
determine how to address technical difficulties that arise as a result of utilizing
remote participation, but is encouraged wherever possible to suspend
discussion 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.
4. 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.
5. All board and committee meetings will be broadcast on BGTV Channel 18
and/or livestreamed on the Town website to the greatest extent practicable,
and video recordings will be available.
E. REMOTE PARTICIPATION PROCEDURES
1. As a courtesy, a member needing to participate remotely in a meeting should
notify the chair, or the person chairing the meeting, as soon as possible.
2. 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.
3. All votes taken during any meeting in which a member participates remotely
shall be by roll call.
4. 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.
5. 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 meeting. If used during the meeting, such documents shall
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
Select Board Meeting 6.05.23 1
For Your Information (FYIs)
1.Cape Cod Chamber of Commerce Information on a Possible Cape Cod Tourism
Destination Marketing District
2.FY2023 Income Limits Summary
3.FY21 Brewster Community Development Block Grant Program Monthly Update
4.Committee Resignations
5.Committee/Board/Commission Re-appointments
Archive d: Friday, June 2, 2023 3:14:58 PM
From: Paul N iedzwiecki, Cape Cod Chamber of Commerce
M ail re ce ive d time : Wed, 24 May 2023 14:08:56
Se nt: Wednesday, May 24, 2023 10:08:56 AM
To: Peter Lombardi
Subje ct: Cape Cod TDMD: Thank You and What’s Next
Importance : N ormal
Se ns itivity: None
View as Webpage
Thank you for providing the Cape Cod Chamber of Commerce with
the opportunity to present informati on on a possible C ape C od Touri sm
Destination Marketi ng Di strict (TDMD). Attached for your reference i s
a slide deck wi th presentati on hi ghlights. You can also read more about
the state legislation for TD MD s here.
Why is the Chamber presenting
this opportunity?
As the Destination Marketing
Organi zation (D MO) and Regional
Tourism Counci l (RTC) for Cape
Cod, the C ape C od C hamber is
conti nually seeking out new tools
and strategi es to market our region
to visi tors and strengthen the
Cape’s local year-round economy.
The Chamber sees a Cape Cod
TDMD as a promi sing option to:
* Grow our region’s economy during the less-traveled shoulder
seasons
* Help secure the summer season economy that so many of our
local businesses and workforce rely on
* Give our region a reliable, sustainable source of funding to
market the region competitively
* Weather external economic forces, like continuously changing
state budgets and tourism market trends
* Address some of the most pressing issues our communities
face – includi ng the need for housi ng and year-round job
face – includi ng the need for housi ng and year-round job
opportunities
* Provide direct benefits to the hotel, motel, and B &B
businesses that participate i n the TD MD
How could a TD MD specifically benefit tow ns? Would a TD MD compete
with opportunities to increase the balance of the Cape Cod & Islands
Water Protection Fund (CC IWPF)?
A C ape Cod TDMD has potential to grow the local economy in a way that other
excise and surtaxes do not. Thi s growth, i n turn, pays dividends that support
regi onal community development and i nfrastructure needs. For example:
* Increasi ng shoulder season lodging volume through a TDMD would result,
subsequently, in more funding to the CC&I Water Protection Fund.
* TDMD-generated growth i n the commercial tax base will help offset the
grow ing burden on residential taxpayers to fund community
development needs.
* A TD MD allows for regional-scale investment in workforce housing,
local events, and other community development ini ti ati ves – without
i mpacting town budgets.
* Unli ke an increase in the WPF surcharge, the formation of a TD MD
juri sdiction is authorized at the S elect Board level and does not require
Town Meeting approval.
* Our local hotels and motels WANT the option to self-assess and
allocate TD MD funds to directly benefit their businesses.
* Formati on of a TDMD would only apply to hotels, motels, and bed &
breakfast busi nesses. This means a Cape Cod TDMD would not
preclude future increases to short-term rental surcharges/excise.
What’s N ext?
We look forward to continui ng the conversation on a possible C ape C od TD MD
with local hotels, motels, and B&B busi nesses. We wi ll also be reaching out to the
Cape Cod Muni cipal Leaders group to solici t their feedback on the proposed
TDMD and di strict plan.
We appreciate you taking the ti me to meet with us and welcome your questions
and continued feedback around thi s opportuni ty. Please do not hesitate to reach
out to me directly if I can provide any additional informati on as we move forward
with the formati on of a TDMD for C ape C od.
Sincerely,
Paul Ni edzwiecki , CEO
Cape Cod Chamber of Commerce
* M assachusetts’ annual state investm ent in
tourism lags far behind other states in the country at
just $10 million per year f or the entire state.
* Am ong New England states, M assachusetts
ranks second lowest for annual investm ent in
travel and tourism .
* M eanwhile, we are seeing a widespread
recovery in international travel and m any other dom estic destinations are
routinely outspending us in their m arketing efforts.
* To rem ain com petitive as a sum m er tourism destination and m ove toward
a m ore year-round econom y, additional resources are needed to m arket
and prom ote Cape C od.
Connect with Us
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FY 2023
Income
Limit Area
FY 2023 INCOME LIMITS DOCUMENTATION SYSTEM
HUD.gov HUD User Home Data Sets Fair Market Rents Section 8 Income Limits MTSP Income Limits HUD LIHTC Database
FY 2023 Income Limits Summary
Median Family Income
Click for More Detail 1 Category
Barnstable
Town, MA
MSA
$124,300
FY 2023 Income Limit
Persons in Family
1 2 3 4 5 6 7 8
Very Low (50%) Income
Limits ($) _ 40,300
Click for More Detail
Extremely Low Income
Limits ($)*
Click for More Detail
Low (80%) Income
Limits ($)
Click for More Detail
46,050 1 51,800 57,550 62,200 66,800 71,400 76,000
24,200 1 27,650 31,100 34,550 37,350 40,280 45,420 50,560
64,450 73,650 82,850 92,050 99,450 106,800 114,150 121,550
NOTE: Brewster town is part of the Barnstable Town, MA MSA, so all information presented here applies to all of the Barnstable
Town, MA MSA.
The Barnstable Town, MA MSA contains the following areas: Barnstable Town city, MA; Bourne town, MA; Brewster town, MA;
Chatham town, MA; Dennis town, MA; Eastham town, MA; Falmouth town, MA; Harwich town, MA; Mashpee town, MA; Orleans town,
MA; Provincetown town, MA; Sandwich town, MA; Truro town, MA; Wellfleet town, MA; and Yarmouth town, MA.
* The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50ths (60
percent) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human
Services (HHS), provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely
low income limits may equal the very low (50%) income limits.
Income Limit areas are based on FY 2023 Fair Market Rent (FMR) areas. For information on FMRs, please see our associated FY 2023
Fair Market Rent documentation system.
For last year's Median Family Income and Income Limits, please see here:
FY2022 Median Family Income and Income Limits for Barnstable Town, MA MSA
Select a different county or county equivalent in Select any FY2023 HUD Metropolitan FMR Area's
Massachusetts: Income Limits:
Bourne town
Boxborough town
I Boxford town
Boylston town
Braintree Town city
Brewster town
Select county or county equivalent
Barnstable Town, MA MSA
Select HMFA Income Limits Area
Or press below to start over and select a different
state:
Select a new state
Update URL for Bookmarking or Emailing I
Prepared by the Program Parameters and Research Division, HUD.
TO: Donna Kalinick, Jill Scalise, Town of Brewster
FROM: Cassie Boyd Marsh, Bailey Boyd Associates, Inc.
DATE: June 1, 2023
RE: FY21 Brewster CDBG Program Monthly Update
Administration:
The administration of the grant continues to go well, with funds moving steadily and
DHCD reports submitted on time with positive feedback.
We were alerted by program staff on May 30th that DHCD has transitioned to the
Executive Office of Housing & Livable Communities (EOHLC), based on Governor
Healy’s initiative to establish a stand-alone secretariat focused on housing. There are
no immediate changes to points of contact, and all existing contracts remain valid.
EOHLC has a new Secretary, Ed Augustus, starting June 1st. We don’t expect
significant change at the program level but will certainly keep you updated with any
relevant news.
Housing Rehabilitation:
We’re continuing our steady progress in the Housing Rehab program. Currently, there
are 15 projects approved and in all stages of the process. 7 homes are complete and 4
are under construction, 4 in pre-construction. Additionally, there are 7 applications
awaiting review.
One of the current projects out to bid for a general contractor will almost certainly
require a single case waiver- formal approval from EOHLC to spend more than the
maximum allowed per project. These are not common and are only approved after close
evaluation from the Grant Administrator and EOHLC program staff. Extenuating
circumstances- often a large amount of lead paint in addition to other critical repairs, or
unforeseen complications to a project already in progress- are granted approval. Until
TRI have this project further along, they will be waiting to approve new projects to
ensure that the program budget can accommodate them.
Finally, TRI is thrilled to have two new General Contractors joining their pool of qualified
bidders. With contractors in high demand, their pool has gotten smaller over the last
year, so adding additional bidders will strengthen the program & make progress more
efficient.
Childcare Subsidy Program:
The Childcare Subsidy Program continues to progress well, and as summer approaches
we’re being contacted by new families in need of assistance during the busy tourist
season. We’ve had 26 applications to date, of which 18 have been approved. 27
children are currently utilizing funds (or about to begin when school ends). We’re 71%
encumbered for the year and looking forward to the coming months.
To: Sharon Tennstedt
CC: Elton Cutler
May 17,2023
Due to circumstances beyond my control, I can no longer reliably
attend future Board Meetings.
I therefore tender my resignation to the Board.
It has been a wonderful experience and a privilege to serve for the
past five years.
Sincerely,
Stephen Holmes
Jonathan O'Neil
PO Box 1035
Brewster, Ma 02631
Jonathanoneil99@gmail.com
Health and Human Service Committee
Brewster ,MA
Dear Members,
5/29/2023
This letter represents my official notice of resignation from my position at Health
and Human Service Committee be made on 5/30/2023. I have moved to Harwich.
It's been a great pleasure to work alongside the Committee Members and
appreciate the experience and knowledge I gained during my time here.
Sincerely,
Jonathan O'Neil
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Memo
To: Brewster Select Board
From: Erika Mawn, Executive Assistant
Date: June 1, 2023
Re: Re-Appointments to Boards and Committees
This memo will review the status of the Town of Brewster Board and Committee members
whose term will end on June 30, 2023. Following the Select Board policy, the Chair of the
Board/Committee was notified of members whose terms were expiring and were asked if they
recommended their re-appointment. All members were then contacted to verify re-
appointment to their current board or committee. This memo is to serve as a request for re-
appointment and recommendation by the Board/Committee Chair to serve another term.
At the Select Board meeting on June 26, 2023, re-appointments will be placed on the consent
agenda for approval. For those members that did not wish to be re-appointed, a vacancy will
be added to the website.
Member Re-appointments
Committee / Board Member Name Term
Affordable Housing Trust Vanessa Greene (Housing Partnership Rep)
Antone Freitas (Planning Board Rep)
Paul Ruchinskas (CPC Rep)
2-year term
Alewife Committee Gary Kaser 3-year term
Alewife Warden Doug Erickson
Gary Kaser
William Lemaitre
1-year term
Bay Property Planning Committee Amanda Bebrin (VPC Rep)
Patricia Hughes (Natural Resources Rep)
Thomas Wingard (Recreation Comm Rep)
Karl Fryzel
Peter Johnson
Caroline McCarley
Katie Miller-Jacobus
Clare O’Connor-Rice
John Phillips
Jan Crocker (Cultural Council Liaison)
Allyson Felix (Alternate)
1-year term
Bicycle and Pedestrian Committee Susan Riseman 3-year term
Board of Assessors G. Howard Hayes 3-year term
Office of:
Select Board
Town Manager
Committee / Board Member Name Term
Community Preservation Committee Elizabeth Taylor (Planning Board member)3-year term
Conservation Commission Casey Chatelain Dannhauser
Bruce Evans
Gary Kaser
3-year term
Council on Aging Jay Green
Penny Holeman
3-year term
Crosby Property Committee Diana Lamb
Cate O’Neil
3-year term
Cultural Council Richard Perry 3-year term
Golf Commission Andrea Johnson
Anne O’Connell
3-year term
Historical Commission George Boyd
Jeffrey Hayes
3-year term
Housing Partnership Jillian Douglass
Vanessa Greene
3-year term
Human Services Committee Deborah Blackman-Jacobs
Sean Parker
Lisa Perkins
3-year term
Natural Resources Advisory
Commission
Elizabeth Taylor
Chris Williams
3-year term
Old Kings Highway Historic
Committee
Tom Turcketta (Builder)1-year term
Open Space Committee Peter Herrmann
Don Keeran
3-year term
Pond Property Planning Committee Cynthia Baran (Water Commissioners Rep)
Tim Hackert (Affordable Housing Rep)
Elizabeth Taylor (Open Space Rep)
Chris Williams (Natural Resources Rep)
Jan Crocker
Stephen Ferris
Katie Gregoire
Doug Wilcock
Suzanne Kenney (VPC liaison)
Anne Weirich (Alternate)
Melissa Lowe (MA Audubon Liaison)
Tino Kamarck (BCT Liaison)
1-year term
Recycling Commission Susan Skidmore 3-year term
Stonybrook Millsites Committee Doug Erickson
Roger O’Day
3-year term
Vision Planning Committee Patricia Hess 3-year term
Water Quality Review Committee Cynthia Baran
Bruce Evans
Kimberly Crocker Pearson
Robert Michaels
Charlotte Degen
1-year term
(staggered)
Zoning Board of Appeals Brian Harrison 3-year term
Select Board
Committee / Board Member Term
Audit Committee David Whitney 3-year term
Water Quality Review Committee Ned Chatelain 1-year term
Employee Re-appointments
Committee / Board Member Term
Cemetery Commission James Jones 3-year term
Crosby Property Committee Peter Lombardi 1-year term
HOME Consortium Barnstable
County
Donna Kalinick (alternate)1-year term
Tree Warden Josh Sargeant 1-year term
Tri-Town Groundwater Protection Peter Lombardi 3-year term
Water Quality Review Committee F. Davis Walters
Any Von Hone
1-year term
Vacancies
Committee / Board Number of Vacancies
All Access Citizens 4 Openings
Archivist 1 Opening
Bicycle and Pedestrian Committee 2 Openings
Council on Aging Board 3 Openings (1 Member / 2 Alternates)
Crosby Advisory Committee 2 Openings
Cultural Council 1 Opening
Golf Commission 1 Opening
Brewster Housing Partnership 1 Opening
Health and Human Services 1 Opening
Natural Resources Advisory Commission 2 Opening
Open Space Committee 2 Openings
Zoning Board of Appeals 4 Openings (Alternates)