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Home My Public Portal AboutSelect Board -- 2023-06-05 Minutes�4��\ 0¢E'"$T°°°� Town of Brewster "o�!`¢ A V" �% 2198 Main Street cE ;o s Brewster, MA 02631-1898 r _ — �w Phone: (508) 896-3701 www.brewster-ma.gov toF p0 N\\\\�\\\��\ MINUTES OF THE SELECT BOARD MEETING DATE: June 5, 2023 TIME: 5:30 PM PLACE: 2198 Main Street QWICe ofof: Select Board Town Manager REGULAR SESSION PARTICIPANTS: Selectperson Whitney, Selectperson Chatelain, Selectperson Bingham, Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Danielle Panzica and Jamie Valdez (owners of Kitchen Cafe), Christopher Senie, Andrea Wong, Jon Idman, Amanda Bebrin REMOTE PARTICIPANTS: Selectperson Hoffmann Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Peter Lombardi called the meeting to order at 5:30pm, read the meeting participation and recording statement and declared a quorum. Executive Session Selectperson Chaffee moved to enter into executive session. Selectperson Bingham second. 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). A roll call vote was taken. Selectperson Whitney -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes. The Board vote was 5 -Yes, 0 -No. The Select Board returned to Regular Session at 6:05pm. Public Announcements and Comment Laurel Labdon, 62 Whiffletree Ave., congratulated Ned Chatelain on a successful campaign and expressed her satisfaction with the election and the recount. Select Board Reorganization Selectperson Whitney nominated Ned Chatelain as Chair, Mary Chaffee as Vice Chair and Kari Hoffmann as Clerk. Selectperson Bingham second. Mr. Lombardi asked the three members if they accept the nomination, all responded yes. A roll call vote was taken. Selectperson Whitney -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes. The Board vote was 5 - Yes, 0 -No. Mr. Lombardi turned the meeting over to Chair Chatelain. Select Board Appointments to Bay Property PlanninE Committee and/or Pond Property Planning Committee Chair Chatelain noted that the charges for both of these committees require a Select Board representative, whoever they cannot be the Chair of the Select Board. Selectperson Chaffee nominated Dave Whitney as Select Board 6.05.2023 www.brewster-ma.gov Page 1 of 9 w m //�,,� office of: Town of Brewster \\��\\\�0a� Fq Select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 o Phone: (508) 896-3701 — = www.brewster-ma.gov . f 0. representative to the Bay Property Planning Committee. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Select Board Announcements and Liaison Reports Selectperson Bingham shared that she attended a meeting hosted by the Council on Aging at the Crosby Mansion regarding Social Security and it was incredibly well done. Town Manager's Report Mr. Lombardi shared the following: • The Town and Brewster Ponds Coalition are co -hosting the Annual Ponds Summit on Friday June 16, from 9am –12pm at the Brewster Baptist Church. More information can be found on the Town website and Brewster Ponds Coalition website. The focus will be on septic systems and impacts on our ponds. • The Town's Finance Team led a year end training session for Town staff, this an example of the great work the staff does to support each other to provide a high level of service to our residents. • The State has an assistance program for low-income residents to help pay for portions of their water bills, for at least $200/year in funding as a direct subsidy, to help reduce the water bills. This will help our residents in needs in providing financial assistance, the program is confidential. 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 L Sign Notice of Lease for Lot 4, Brewster Industrial Park, also know as 52 Commerce Park Road, Bretten Johnson Selectperson Hoffmann moved to approve the Consent Agenda for June 5, 2023, as recommended in the packet. Selectperson Chaffe second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on Intermunicipal A4treement with Truro for Net Meterin Credits Mr. Lombardi noted that in working with Town Counsel the terms of the agreement have been finalized, adding that there is nothing substantively different from previous drafts. Select Board 6.05.2023 www.brewster-ma.gov Page 2 of 9 "'o O"E'"sr�� Town of BrewsterOffice of: 9��9 `* Select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 y ` Phone: (508) 896-3701 r -^gip' www.brewster-ma.gov Selectperson Chaffee moved to approve and sign the Intermunicipal Agreement with Truro. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Seekine Residents to Serve as Liaison to Barnstable County Human Rights Advisory Commission Mr. Lombardi shared that this Commission has been in place for several years and the Town has two residents who serve in a formal capacity on the commission. The Commission has completed outreach to all Cape Communities regarding their interest in having Towns formally appoint liaisons to serve on the Commission. The liaison helps to make sure the connection between the work of the Commission and the activities of the Town are strengthened. This liaison position is consistent with discussion in taking steps forward in terms of Diversity, Equity and Inclusion, and another opportunity for a resident to represent the Town. Information will be posted on the Town website as a vacancy, interested residents can submit their application. Current residents who serve on the Commission will be available to speak with interested residents to learn more. FYIs Mr. Lombardi noted the initiative from the Cape Cod Chamber of Commerce in creating a tourism destination marketing district, there will be more to come in future months. 6:30pm Public Hearing- Annual Entertainment License Application: JDT Investments LLC d/b/a the Kitchen Cafe Selectperson Hoffmann moved to open the public hearing for the Annual Entertainment License application for JDT Investments LLC, d/b/a The Kitchen Cafe as noted in the advertisement. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Danielle Panzica stated that based on the letters received, they are removing live music from their application. The request is for a Bluetooth speaker to be placed by the approved food trailer, in the indoor dining area and the attached patio. Ms. Panzica reviewed that they currently run a full-service restaurant, their trailers all have permits, and the food truck is not operating though it has been inspected by Board of Health. Adding that they have followed the rules and regulations that the Town has put forth for their business and there are no zoning violations for the Kitchen Cafe. Christopher Senie, attorney for Meredith Baier, expressed concerns of outdoor entertainment as outlined in the application, specifically on the patio. Appreciates that the Kitchen Cafe has removed live music portion, does not oppose reasonable indoor entertainment. Mr. Senie suggested the following conditions: 1. Hours of entertainment fpm -9pm. 2. Entertainment only indoors, with doors/windows closed except when patrons come and go. 3. Reasonable entertainment, no bands. 4. Entertainment be conducted in such away that is not plainly audible at 150ft. Select Board 6.05.2023 www.brewster-ma.gov Page 3 of 9 �� Offloe of: Town of Brewster ?.�o� 'i 0p select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 Phone: (508) 896-3701 49 www.brewster-ma.gov Ee pro Andrea Wong, 124 Windsor Landing Road, is not interested in having outside music from 8am —10pm that she can hear from her home. Believes this is unreasonable, agrees that this should be indoors and not outdoors, and the volume level is a concern. Selectperson Hoffmann summarized the written correspondence received from residents regarding the Annual Entertainment License application. Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. The Select Board will be acting on recorded music by a Bluetooth speaker both indoors and outdoors from 8am until 10pm. Clarification that the patio is outdoors, that has a canopy with side walls that remain open during nice weather. Jamie Valdez, owner of the Kitchen Cafe, noted that the speaker is lower than a vehicle driving by and provides background music for customers. The proposal is to have speakers in both the food trailer (when open) and in the patio (weather permitting) and inside the restaurant. The television would be just in the dining area. Mr. Valdez would like the ability to have acoustic music only indoors. Selectperson Whitney supports Bluetooth speakers inside and outside, with the 150ft (from the source) rule from fpm - 9pm and to allow acoustic live music indoors only. Chair Chatelain added no amplified music indoors, acoustic music only. Selectperson Hoffmann moved to approve the Annual Entertainment License application, JDT Investments LLC, d/b/a The Kitchen Cafe with the following conditions: indoor and outdoor entertainment through a Bluetooth speaker Not clearly audible from 150 feet from the speakers themselves • Hours are fpm —9pm, seven days a week • Permitting indoor, unamplified music, acoustic entertainment with doors and windows closed Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham - yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 - No. Res ort of the 2023 Beautify Brewster Day- Mei. Morris, Recycling Commission and Ryan Burch Natural Resources Del?artment Ryan Burch provided history of the Beautify Brewster Day that started 12 years ago, the event brings awareness to the community about the amount and type of litter found in Brewster. Mr. Burch thanked the planning committee, local businesses for their generosity and donations and the volunteers in making each year a success. Meg Morris shared that each year the event keeps improving, data collection began about four years ago. This year the top five categories: cigarette butts, nips, beverage cans, plastic, and food wrappers were all up except food wrappers. Adding that the purpose is to help educate and be more aware of the litter in Town. Select Board 6.05.2023 www.brewster-ma.gov Page 4 of 9 .40,yea., E�!srU///''�, O Town of Brewster Office of: O� "oF ELuea 9 GG Select Board 2198 Main Street Town Manager 3� a - Brewster, MA 02631-1898 ,°r — ` 0 = Phone: (508) 896-3701 _ www.brewster-ma.gov Cape Cod Commission 2022 Year in Review Update- Kristy Senatori, Cape Cod Commission Executive Director Kristy Senatori noted the high-level priorities from the past year that will carry through to the next year: • Water Quality: efforts have increased significantly across the Cape with significant progress in available funding and financing options. Last year, the Water Protection Fund awarded $28M in subsidies across the cape, to date the fund has distributed nearly $100M in Wastewater grants. Of the 890 lakes and ponds in the region, less than 10% are monitored consistently, more data collection is needed to help inform pond management and improvement strategies. • Coastal Resiliency and Climate Change: continue to implement the Climate Action Plan and develop tools and resources that the 15 communities on Cape can use. The Commission initiated the Low - Lying roads project, potential strategies are in place and can begin to look for funding opportunities. The Commission developed model bylaws that address coastal resiliency, large scale solar projects, EV charging infrastructure, and comprehensive flood plain design guidelines. • Housing:: began work on a Regional Housing Strategy for Cape Cod, will address housing supply, affordability, and availability. By identifying areas that are appropriate for housing development and creating policies and strategies that are appropriate to the Cape. Selectperson Chaffee noted how important the Cape Cod Commission is in protecting Cape Cod and guiding growth. Ms. Senatori responded that the Commission has often had to adjust and modify based on the challenges and have has to be opportunistic in facing these challenges. The Commission looks at the environment and the economy collaboratively and tries to keep them in balance. Having a planning agency helps to look more comprehensively on how to operate as an entire region. Letter of Opposition to Proposed Eversource 2023-2027 Vegetation Management Plan Chair Chatelain shared that we have not received the information to act on this agenda item this evening. Letter of ODDOSition to Proposed Discharge of Radioactive Waste from Pilgrim Power Plant Mr. Lombardi noted that the Association to Preserve Cape Cod (APCC) had shared correspondence asking Towns to sign a draft letter to express Brewster's support for the research and general legal analysis and position that the APCC has taken in terms of Holtec's proposed potential discharge wastewater through the decommissioning of the power plant. Selectperson Chaffee moved to authorize the Select Board Chair to sign the letter of opposition to the proposed discharge of radioactive waste from Pilgrim Power Plant. Selectperson Whitney second. Selectperson Hoffmann noted that the agenda item does not state a vote would be taken. This item will be placed on the next Select Board meeting for vote. Letter of opposition to Proposed Joint Base Cape Cod Shooting Ran e Selectperson Chaffee provided additional information to our residents, noting that the Massachusetts National Guard has proposed building a machine gun range on Joint Base Cape Cod. Even though it is more than 30 miles this has significant implications for our community. Selectperson Chaffee shared the draft Select Board 6.05.2023 www.brewster-ma.gov Page 5 of 9 `a\a�\"0VLF-WaT/////ii,� F,Q�;� Of Town of Brewster-fice of: ,0' Q pVOR c °Fm• Select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 01. �, Phone: (508) 896-3701 r v __ _ www.brewster-ma.gov report from the US Environmental Protection Agency (EPA) of the potential implications of the construction of the machine gun range, including containment of drinking water on the Cape. It is important to provide input to the EPA until June 26, comments can be sent to:.rlssacomments(@epa.gov. Chair Chatelain noted that the Board voted at the last meeting to send the letter. information from Planning Board Regarding Potential Updates to the Accesson/ Dwellint_Unit Bylaw Town Planner, Jon Idman introduced the topic noting that the Planning Board voted on their desired intent to move forward with a reinvestigation of the Accessory Dwelling Unit (ADU) Bylaw provision of the zoning bylaw. Based on the observations and some potential amendments to the Accessory Dwelling Unit provisions. The Planning Board will continue to review this topic at their meetings and will commence the activity of the re -investigation of the ADU provisions at their meeting on June 14, 2023. The Board will look to Fall Town Meeting to present their findings. Amanda Bebrin, Chair of the Planning Board, referenced the memo in the packet noting that the Planning Board intends to hear from the public on their experience in trying to create additional housing, making this a more user-friendly bylaw. Jon Idman defined what an Accessory Dwelling Unit is, adding that the Planning Board would like to clarify what is currently in the zoning bylaw. An ADU is not for short term rental purposes and aims to provide year-round housing opportunities while preserving the integrity of single-family residential districts within the Town. Ms. Bebrin added that reducing barriers to the ADU bylaw would not result in a construction free for all as current building and septic requirements will still be required. Ms. Bebrin shared that the Planning Board will be borrowing best practices from neighboring Towns ADU experience. Jillian Douglass, Pebble Path, commented in relation to the review of the ADU bylaw, Brewster was on the forefront of the original bylaw, and the Town was very conservative at the time. Adding that it is time for the Town to review what we have done in the past and encourages the Town to take a lot of public input. Brewster Housjqg_ Prot ram & Affordable Housing Trust Update & Vote to Authorize Chair to Sign Letter of SupL�ort for CPC Buy Down Funding App lWation — Donna Kalinick & Jill Scalise Housing Coordinator Ms. Kalinick stated that since May of 2022, when Town Meeting approved the transfer of 212 Yankee Drive to the Affordable Housing Trust (AHT), there has been work completed to rehabilitate the property as part of the subsidize housing inventory. The AHT has hired both The Resource Inc. and Housing Assistance Corporation to assist in the process. Ms. Kalinick thanked the Department of Public Works for their assistance throughout the rehabilitation process, as they have gone above and beyond with this property. Ms. Kalinick provided a timeline for the property and hopes to have it completed by December 2023. Ms. Scalise introduced the Affordable Homeowners Buy Down Program which provides funds to assist low to moderate incomes in purchasing affordable deed restricted homes. When needed, the resale price is reduced and the home becomes affordable to be purchased and a new universal deed rider is placed on the Select Board 6.05.2023 www.brewster-ma.gov Page 6 of 9 .a��"oft y�'aTw"„� �`t , "." , F9G,, Town of BrewsterOtrice of: o�0 90.,,, ,' I 2198 Main Street Select Board Town Manager 3 > Brewster, MA 02631-1898 — V. t4__ �= Phone: (508) 896-3701 _ www.brewster-ma.gov lel ORPORIA, 19. It property that ensures that the home will remain affordable in perpetuity. Over the past 16 years this program has expended $360K and assistant 12 households in purchasing affordable homes. The Housing Trust is seeking approval to apply for funding for a grant in the amount of $250K. The grant is due July 1t to the Community Preservation Committee. Ms. Scalise reviewed the Millstone Community Housing project which looks to build 45 units of rental housing on municipal land. If the comprehensive permit is approved, the Select Board would then be involved in requesting local preference from the State if desired. The housing program is looking to hold an information session this summer to provide background information on local preference before a decision is made. In March the Housing Trust voted to designate funds for a part-time (up to 19 hours) housing assistant to help implement the housing programs to start in FY24. There will be future discussions on initiatives looking at both year-round deed restrictions and a real estate transfer tax on high end transfers. The Trust would like to meet with Select Board over the summer, as these are policy decisions that have an impact beyond the housing program. Ms. Scalise provided additional updates regarding the Regional Community Block Grant for housing rehabilitation and childcare assistance and mentioned Habitat for Humanity is looking to build two homes on Phoebe Way. Selectperson Chaffee moved to authorize the Chair to sign the letter of support for the Buy Down Funding application. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on Select Board Policy Updates (#2 and #451 Ms. Kalinick noted that along with the Licensing Board Rules and Regulations Policy, the Town has created new applications that are more thorough. Some of the licensing is outlined in State Law that give clear guidelines and others allow for more flexibility as the licensing authority. This policy covers annual, seasonal and one day liquor licenses, entertainment licenses (annual renewals and one day), common victualler, inn holder, lodging, hawker and peddler, Class II and livery, new and used car dealers and the Special Event license that is specific to Brewster. Ms. Kalinick noted that the goal is to have the applicant understand that the licenses are all handled through the same process. Selectperson Hoffmann recommended adding a revision date at the bottom of the applications. Selectperson Hoffmann moved to approve Select Board Policy #2 with the suggested revisions. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Select Board 6.05.2023 www.brewster-ma.gov Page 7 of 9 `�\�\�\`uuunulumirr°rrui�bUi 0ReW8�'''��G Town of Brewster Select Board 0� Yee 9 0,� 2148 Main Street Town Manager Brewster, MA 02631-1898 o ` y ` Phone: (508) 896-3701 r = _ = www.brewster-ma.gov Io. 15.....�� Mr. Lombardi shared that a purpose statement was added to Select Board Policy #45 and some minor changes, with no significant policy changes, just clarifying language. Selectperson Hoffmann expressed her concerns with the current wording of the policy regarding a quorum in person, and read a statement on compassion and appreciation and allowing flexibility with our attendance. Selectperson Hoffmann moved to modify and edit the following to the proposed Select Board Policy. A. Purpose: #1. Include the Act extending the temporary provisions pertaining to the Open Meeting Law, #2. Instead of limiting it to the greatest extent practicable, also use wording of the extension of the temporary provisions to provide adequate and alternative access to remote meetings. B. Minimum Requirements for Remote Participation #2. "Ensuring that a quorum is physically present" change to present either remotely or in person. #3. The quorum of the public body does not necessarily need to be physically present. Selectperson Whitney second. Selectperson Chaffee commented on adding references to temporary policies as they will sunset, and reasons why she feels this policy does allow flexibility. Mr. Lombardi reviewed the participation policy from 2013 through 2020. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -no, Selectperson Chaffee -no, Selectperson Whitney -no, Chair Chatelain-no. The Board vote was 1 -Yes, 4 -No. Chair Chatelain recommended the following revision to Purpose statement #2, to state "The Town will strive to provide opportunities to the public for both in person and remote participation at board and committee meetings to the greatest extent practicable. To provide flexibility to board and committee members in accordance with the following policy." Selectperson Chaffee moved to revise Purpose Statement 2 as outlined. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. There was discussion on the process to remove a member from a committee if they fail to meet the minimum requirements for in-person attendance. it was agreed that this would be added to the policy. Selectperson Hoffmann moved to adopt Policy #45 as revised with the additional of language from the Town Charter. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -no, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 1 -No. Matters Not Reasonably Anticipated by the Chair None Select Board 6.05.2023 www.brewster-ma.gov Page 8 of 9 Questions from the Media None Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Next Meetings June 26, July 10, July 24, August 7, and August 21, 2023 Office of; Select Board Town Manager Adjournment Selectperson Hoffmann moved to adjourn at 9:10pm. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Respectfully submitted by Erika Mawn, Executive Assistant 01 !!' _ Approved: )/0 Signed: Date Selectperson Hoffman=n. Clerk of the Select Board Accompanying Documents in Packet: Agenda, Town Managers Report, Consent Agenda items, Annual Entertainment License Application, 2023 Beautify Brewster Report, Cape Cod Commission 2022 Report, Letter of Oppositions, Barnstable County Human Rights Advisory Commission, Potential Updates to ADU Bylaw, Brewster Housing Program & Affordable Housing Trust, Intermunicipal Agreement, Select Board Policy Updates, FYIs. Select Board 6.05.2023 www.brewster-ma.gov Page 9 of 9