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Home My Public Portal AboutCPC Packet 101123Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 COMMUNITY PRESERVATION COMMITTEE MEETING AGENDA 2198 Main Street October 11, 2023 at 4:00 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly. Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID: 837 7728 4808 Passcode:326439 To request to speak: Press *9 and wait to be recognized. ZoomWebinar:https://us02web.zoom.us/j/83777284808?pwd=NjB3WldRTGRxb0l0WXhIS1J0Y1NOQT09 Passcode:326439 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 (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). Please note that the CPC may take official action, including votes, on any item on this agenda. 1.Call to Order 2.Declaration of a Quorum 3.Meeting participation statement 4.Recording Statement: As required by the Open Meeting Law we are informing you that the Town will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair. 5.Public Announcements and Comment: Members of the public may address the CPC on matters not on the meeting’s agenda for a maximum of 3-5 minutes at the Chair’s discretion. The CPC will not reply to statements made or answer questions raised during public comment but may add items presented to a future agenda. 6.Financial Update 7.Recap of warrant article presentations to Select Board and Finance Committee 8.Discussion and possible vote on draft warrant article for November 13 Town Meeting 9.Discussion and possible vote on award letters for Fall Town Meeting projects 10.Recap of First Annual Volunteer Fair 11.Project Updates 12.Approval of Minutes 13.Matters Not Reasonably Anticipated by the Chair 14.Announcements 15.Next Meeting: Annual Public Hearing October 25 at 4 PM 16.Adjournment Date Posted:Date Revised:Received by Town Clerk: 10/6/23 Community Preservation Committee Faythe Ellis Chair Sarah Robinson Vice Chair Sharon Marotti Treasurer Elizabeth Taylor Clerk Roland Bassett, Jr. Christine Boucher Bruce Evans Peggy Jablonski Paul Ruchinskas CPC Assistant Beth Devine Community Preservation Committee: FY24 Forecast as of 10/1/2023 3,624,053$ 1,223,691$ 358,153$ 1,581,844$ 1,581,844$ Pre FY24 FY24 10%10%10% Open Space Housing Historical $ 2,002,817 $ 144,789 $ 301,854 $ 1,174,593 3,624,053$ $ 158,184 $ 158,184 $ 158,184 $ 1,107,291 1,581,844$ $ 2,161,001 $ 302,973 $ 460,039 $ 1,174,593 $ 1,107,291 5,205,897$ Open Space Housing Historical $ (49,050) $ (94,400) $ (46,183) (79,092)$ Spring 2024 Town Meeting Approved (70,580)$ 107 Main St, Orleans (55,000)$ Juniper Hill, Wellfleet (55,000)$ FORWARD Phase 2 (125,000)$ Accessible Outdoor Furniture (9,670)$ Fall 2024 Town Meeting Applications Spring Rock Village (507,500)$ Buydown Program - Housing Trust (255,000)$ Total YTD Obligations - fy24 $ (189,633) $ - $ - $ (1,077,750) $ (79,092)(1,346,475.20)$ $ 1,971,368 $ 302,973 $ 460,039 $ 96,843 $ 1,028,199 3,859,422.04$ Total net available from all accounts [5] Allocated funds from the revised funding allocation method voted on at town meeting in the Spring of 2023. New allocation is 70% for Undesignated Fund Balance FY-24 Estimated Funds available FY-23 Estimated total balance forwarded [1]: FY-24 Estimated local tax revenue: FY-24 Estimated State contribution [2]: Total FY-24 Estimated funds available: Undesignated Fund Balance [4] Undesignated Fund Balance [5] FY-23 Actual Unreserved Fund Balance with Original Match(4) FY-24 Estimated revenue fy24 Estimated Unreserved Fund Balance as of 9/24/2023 with Adjustments FY-24 obligations as of 08/19/2023 BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond Administration Expense [3] Housing Coordinator [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional {4{ Balance forwarded for all unallocated funds in the previous "Budgeted for Unreserved Funds" account, which contained funds using the Pre- FY24 allocation method (2) State Match revenue is projected at 30% [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional Coalition dues. BONDS BONDS Warrant Projects by CPA Category Open Space Housing Historical Recreation Admin/Undesignate d (4 categories)Revenue Assumption FY24 Spring TM approved 305,580$ 9,670$ 79,092$ 1,581,844$ FY24 Fall Proposed 762,500$ FY25 Spring FY25 Fall FY26 Spring FY26 Fall FY27 Spring FY27 Fall Totals -$ 1,068,080$ -$ 9,670$ 79,092$ 1,581,844$ % of revenue 0%68%0%1%5% Target %30%30%10%10%20% Description Notes Open Space Housing Historical Recreation Unallocated Reserve - Historic, Rec, Housing Unallocated Reserve - all Admin Carryover EOY FY22 1,556,879$ 45,370$ 500,351$ 757,756$ Bond expenseFY23-27 (819,837)$ Net amount (A)737,042$ 45,370$ 500,351$ 757,756$ 2,040,519$ Revenue EOY FY23 50/10/10/25/5 906,595$ 181,319$ 181,319$ 472,422$ 71,535$ 1,813,189$ FY24 TAP 30/30/10/10/15/5 543,957$ 543,957$ 181,319$ 181,319$ 271,978$ 79,092$ 1,581,844$ FY25 TAP 30/30/10/10/15/5 474,553$ 474,553$ 158,184$ 158,184$ 237,277$ 81,070$ 1,621,390$ FY26 TAP 30/30/10/10/15/5 486,417$ 486,417$ 162,139$ 162,139$ 243,209$ 83,096$ 1,661,925$ FY27 TAP 30/30/10/10/15/5 498,577$ 498,577$ 166,192$ 166,192$ 249,289$ 85,174$ 1,703,473$ Subtotal (B)2,910,099$ 2,184,823$ 849,154$ 667,835$ 472,422$ 1,001,752$ 399,967$ 8,381,821$ TOTAL available for projects A + B 3,647,141$ 2,230,193$ 1,349,505$ 667,835$ 1,230,178$ 1,001,752$ 399,967$ 10,422,340$ 35%21%13%6%12%10%4% Notes:1. Annual Revenue increase estimated at 2.5% - to be updated once actual revenue calculated 2. New Allocation targets applied to begin with FY24 revenue. 4. Open Space debt expense FY23-28 deducted from carryover revenue 5. Therefore, Open Space TAP calculated based on same annual revenue estimate as other categories TARGET ALLOCATION POLICY TRACKING FY24-FY27 (9/27/23) BACKGROUND ASSUMPTIONS/ CPC BUDGET PROJECTIONS Housing Trust 5 Year-Plan FY23-27 12.29.22 FY23 FY24 FY25 FY26 FY27 Carryforward Balance 1,195,879 1,190,879 893,879 714,569 1,053,821 Anticipated Revenues 1,891,900 2,870,580 2,344,461 2,519,557 2,425,927 Appropriations 1,896,900 3,167,580 2,523,771 2,180,304 2,567,196 End Balance 1,190,879 893,879 714,569 1,053,821 912,553 FY23 FY24 FY25 FY26 FY27 Projects:Funding Source Housing Coordinator CPA- Salary Only 66,900 70,580 74,461 78,557 82,877 Benefits paid by the Town-approx. 35K/ year Housing Program Asst.BAHT Salary Only -42,000 44,310 46,747 49,318 19 Hours- new non-benefitted position Rental Assistance CPA 150,000 150,000 150,000 Preservaton of SHI Homes CPA 300,000 200,000 Buy Down Program CPA 300,000 300,000 Housing Production Plan CPA 30,000 212 Yankee Drive BAHT 75,000 Town Development of Other Properties BAHT 500,000 500,000 Outside Applications for Funding BAHT 50,000 50,000 50,000 50,000 Millstone Road Community Housing CPA/BAHT 1,000,000 Legal Expenses CPA/BAHT 5,000 5,000 5,000 5,000 5,000 Housing Rehabilitation-Child Care Vouchers CDBG-Regional Grant 1,300,000 1,500,000 1,700,000 1,700,000 1,700,000 Town is lead community for Dennis, Wellfleet and Brewster Total Appropriations:1,896,900 3,167,580 2,523,771 2,180,304 2,567,196 Sources Short Term Rentals Allocation 375,000 400,000 420,000 441,000 463,050 Financial Forecast 5% escalator CPA Housing Coord. Wages 66,900 70,580 74,461 78,557 82,877 CPA Rental Assistance 150,000 150,000 150,000 CPA for SHI Homes -200,000 Proceeds on Re-sale of SHI Homes 150,000 CPA Buy Down 300,000 300,000 CPA Housing Production Plan 30,000 CPA Millstone Rd. Community Housing 250,000 Grants & Donations Community Development Block Grant (CDBG)1,300,000 1,500,000 1,700,000 1,700,000 1,700,000 Total Revenues:1,891,900 2,870,580 2,344,461 2,519,557 2,425,927 CPA Rev 216,900 820,580 224,461 378,557 262,877 CPA Exp 516,900 570,580 224,461 378,557 262,877 390,675.00 5 year average Estimated annual CPA revenue 1,492,304 1,529,612 1,567,852 1,607,048 1,647,225 Target Allocation Policy- Housing 30%447,691 458,884 470,356 482,115 494,167 TAP - Open Space 30%447,691 458,884 470,356 482,115 494,167 TAP - Recreation 10%149,230 152,961 156,785 160,705 164,722 TAP- Historic 10%149,230 152,961 156,785 160,705 164,722 CPA Recommended 20%298,461 305,922 313,570 321,410 329,445 1,492,304 1,529,612 1,567,852 1,607,048 1,647,225 Rev. 09/27/23 Page 1 of 4 COMMUNITY PRESERVATION ACT FUNDING (Special Town Meeting) ARTICLE NO.X: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from Fund Balances Reserved for future expenditure, the amounts shown below, for the purpose of future expenditures, operating and administration expenses, and reserve funds related to Community Preservation, Historic Preservation, Open Space, Community Housing and/or Recreation; and to authorize the Town Administrator to enter into contracts for operating and administration related to Community Preservation, Historic Preservation, Community Housing and Open Space and/or Recreation, all as follows: Purpose Item Funding Source(s) Amount 1 Community Housing a.Brewster Affordable Housing Trust Affordable Buydown Program Undesignated Fund Balance $255,000 b.Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC) Development of affordable housing units at Spring Rock Village on Millstone Road Undesignated Fund Balance $507,500 Sub-total $762,500 Grand Total $762,500 For Fiscal Year 2024 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee; provided however, that the above expenditures may be conditional on the grant or acceptance of appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing, running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of G.L. c.184 and G.L. c.44B, Section 12, and to authorize the Board of Selectmen to convey or accept such restrictions; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance(s) for future appropriation using the allocation formula of 10% Open Space and Recreation, 10% Housing, 10% Historical and 70% for Budgeted Reserve for CPA. Or to take any other action relative thereto. (Community Preservation Committee) (Majority Vote Required) Rev. 09/27/23 Page 2 of 4 COMMENT In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of the modified Community Preservation Act (CPA). The act appropriates a 3% surcharge on the town’s real estate tax revenues, which are reserved in a special fund in order to finance projects and programs for the purposes of preservation of open space, recreation, community housing, and historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year 2024, which is projected at 25%. In Fall 2022 Brewster adopted, through a local bylaw, a distribution schedule for the annual CPA funds beginning in FY24 as follows: 10% of the funds for open space and recreation, 10% for community housing, 10% for historic preservation, and the 70% undesignated reserve balance is available for any CPA eligible project. The 2022 bylaw also established a non-binding 2023-2027 Target Allocation Policy as follows: 30% for Open Space, 30% for community housing, 10% historic preservation, 10% recreation, and 20% for any CPA eligible project. 1. Community Housing: a. Brewster Affordable Housing Trust – Brewster Affordable Buydown Program – Brewster Affordable Housing Trust's (BAHT) Affordable Buydown Program is a continuation of the Brewster Affordable Homebuyers Buy Down Program which began in 2007 and, over the past 16 years, expended $360,000 to assist 12 households in purchasing affordable homes in Brewster. Funding is now exhausted. When the Buy Down program was first developed by the Community Preservation Committee (CPC), Brewster did not have a municipal housing trust. Going forward, the BAHT will manage the Buydown Program which may provide up to $50,000 of grant assistancei to first-time affordable homebuyers purchasing a home in Brewster. Eligible households may make up to 80% of the Area Median Income (AMI) and must agree to place a permanent deed restriction on the home. The grant funds reduce, buy down, the purchase price of the home to make the home affordable and are provided as an interest-free loan, forgivable after 30 years. The program is targeted to preserve affordable homes already on the Town's Subsidized Housing Inventory (SHI). These monies will fund buydown awards and administrative expenses for the program. The Brewster Housing Partnership recommended approval of this request to the Community Preservation Committee. Total Project Cost: $255,000 CPC Request: $255,000 CPC Vote: 9-0-0 b. Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC) – Development of affordable housing units at Spring Rock Village on Millstone Road Spring Rock Village is the proposed development of 45 affordable housing units located on Millstone Road in Brewster. The community will provide apartments for a range of household types – with affordable rents that working Brewster households can support. The site design creates a sociable neighborhood that preserves the existing 16-acre woodland Rev. 09/27/23 Page 3 of 4 habitat and minimizes building footprints by centering several four-unit apartment buildings around a town center. The development prioritizes sustainability with its town-center-focused site layout and commitment to Passive House energy efficiency. The apartments will include 15 one-bedrooms, 25 two-bedroom, and 5 three-bedrooms scattered across the buildings featuring traditional Cape Cod architecture. The project is close to Nickerson State Park, the Cape Cod Rail Trail, and public transportation provided by Cape Cod Regional Transit Authority. Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC) were selected by the Brewster Affordable Housing Trust to develop this project through a Request for Proposals process. (RFP) The Town of Brewster, through the Affordable Housing Trust, Select Board and town staff crafted the vision for this project prior to releasing a Request for Proposals from developers. The project is scheduled for completion in June 2026. The initial lease up for tenants will include a 55% local preference (24 units) and a 15% regional preference (7 units). $500,000 of the award will be used for construction costs of the project. $7,500 will be used to pay CPC legal and administrative expenses related to the award. The Brewster Housing Partnership recommended approval of this request to the Community Preservation Committee. Total Project Cost: $27,128,227 CPC Request: $507,500 CPC Vote: 8-0-0 Rev. 09/27/23 Page 4 of 4 i Question for Legal – Will this wording preclude BAHT from the option of providing a buydown in excess of $50,000? If so, we recommend removing the phrase “up to $50,000” – the committee preference is to leave it in the summary. Page 1 of 3 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 October 2, 2023 Brewster Affordable Housing Trust (BAHT) Donna Kalinick Jill Scalise 2198 Main St Brewster MA 02631 RE: Brewster Affordable Buydown Program Award Letter Dear Ms. Kalinick and Ms.Scalise: I am pleased to inform you that on September 13, 2023, the Brewster Community Preservation Committee (CPC) voted to recommend approval to Brewster Town Meeting of $255,000 for the Brewster Affordable Housing Trust’s (BAHT) Affordable Buydown Program by providing up to $50,000 of grant assistance to first-time affordable homebuyers purchasing a home in Brewster as described in the application dated July 6, 2023. The primary purpose of the program is to preserve the affordability of existing homes on the Subsidized Housing Inventory (SHI) that are being resold. Should Brewster Town Meeting on November 13, 2023, vote to approve this request, the funds will be made available to the BAHT within 30 days of the execution of a Grant Agreement. The Town will make the Grant Funds available to the Grantees in accordance with the provisions of a Grant Agreement to be entered into by the Grantees and the Town in a form substantially similar to the agreement attached hereto as Exhibit A, which agreement shall include the terms and conditions stated below (the “Grant Agreement”). No Grant Funds will be paid to Brewster Affordable Housing Trust until the Trust has complied with the other terms of the Grant Agreement. PROJECT DESCRIPTION The Brewster Affordable Housing Trust's (BAHT) Affordable Buydown Program is a continuation of the Brewster Affordable Homebuyers Buy Down Program which began in 2007 and, over the past 16 years, expended $360,000 to assist 12 households in purchasing affordable homes in Brewster. The Buydown program was first developed by the Community Preservation Committee and provided up to $30,000 of assistance to reduce the purchase price of the property and make the home affordable for a first-time home buyer making up to Community Preservation Committee Page 2 of 3 80% of AMI. The Buy Down award, provided at closing, took the form of a 30-year forgivable interest-free loan, and also required a permanent affordable deed restriction to be placed on the property. A promissory note was signed, and both a municipal lien and affordable deed rider were recorded on the property. Funding for the original Buy Down Program is now exhausted. Today Brewster has a municipal housing trust. In January 2023 the CPC and BAHT held a joint meeting where they discussed several Brewster housing initiatives including the Buy Down Program. It was decided that, going forward, the BAHT would manage the Buydown Program. After evaluating the program and current increasing mortgage rates, the initial limit of grant assistance was increased to $50,000 for first-time affordable homebuyers purchasing a home in Brewster. The actual amount of assistance will be determined on a home-by-home basis. Amounts above $50,000 may be considered but would require Select Board approval. 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. The program, in form, continues as previously. Homebuyers must agree to place a permanent affordable deed restriction on the home. The grant funds will reduce, buydown, the purchase price of the home and be provided as an interest free loan, forgivable after 30 years. The program is targeted to preserve affordable homes already on the Town's SHI. Some of the Town's older deed restrictions can be lost if an eligible purchaser cannot be found. Furthermore, the deed rider resale formulas may result in a price that may not be affordable to low-to-moderate income households earning up to 80% AMI. Occasionally, a home may be in disrepair. Buydown funds have been helpful in situations that require considerable repairs to make the home functional and livable. PROJECT ELIGIBILITY The CPA specifically authorizes the grant of funds to a Trust (GL c.44B, §5(f) states that: “A city or town may appropriate money in any year from the Community Preservation Fund to an affordable housing trust fund”). The CPC may properly grant CPA funds to the Trust, provided, of course, that the Trust uses the CPA funds only for the Permitted Purposes and subject to the limitations set forth in the CPA. The Trust may not use funds for ordinary maintenance or for the rehabilitation or improvement of homes not acquired or created using CPA funds. GL c.44, §55C, the Trust’s enabling statute, was specifically revised to note that the Trust may receive “money from chapter 44B; provided, however, that any such money received from chapter 44B shall be used exclusively for community housing and shall remain subject to the rules, regulations and limitations of that chapter when expended by the trust.” The Trust must account for the CPA funds separately from other monies held by the Trust, and ensure that “all expenditures of funds received from” the CPA must be “reported to the community preservation committee…for inclusion in the community preservation initiatives report….” GRANT AWARD TERMS AND CONDITIONS Page 3 of 3 The disbursement of the Grant Funds awarded by the CPC is contingent upon the following terms and conditions: 1)The Project is approved and $255,000 has been appropriated therefore by Brewster Town Meeting; Town Meeting is expected to vote on November 13, 2023. The amount awarded includes buydown funding as well as funds to offset administrative and legal expenses related to administering the program. 2)The funds can be used for the Buy Down Program as described in the application dated July 6, 2023 and in accordance with the program guidelines as established by the Trust and that may be amended from time to time. 3)The funds will be transferred to the Trust within thirty days of the execution of the Grant Agreement. 4)The funds need to be expended by December 31, 2026. 5)The Grant Agreement can be extended by mutual agreement. 6)The Trust will take all steps necessary to eventually include any newly created units in the Subsidized Housing Inventory (“SHI”). 7)The Trust has complied with the terms of the Grant Agreement. 8)Pursuant to the Grant Agreement, any funds not utilized for the Project shall be returned to the Town and deposited in the CPC’s pre-FY24 Undesignated Fund Balance. 9)The Trust shall provide project status reports/updates to the CPC liaison every six months until Project completion, at which time a final report will be due. 10)The CPC liaison for this project is Paul Ruchinskas at 508-896-5671 or pjruch@comcast.net. Do not hesitate to contact him with any questions or concerns. The CPC is pleased to be able to play a role in this much needed community housing project. Please do not hesitate to contact me should you have any questions or concerns. If the terms of this award letter are acceptable, please agree and accept by signing electronically below within 15 days of receipt. On behalf of the Brewster Community Preservation Committee, thank you, and I remain, Very truly yours, Faythe Ellis Chair- Brewster CPC Page 1 of 7 2198 Main Street Community Preservation Brewster, Massachusetts 02631-1898 Committee (508) 896-3701 FAX (508) 896-8089 October 2, 2023 Vita Shklovsky Senior Project Manager Preservation of Affordable Housing (POAH) 2 Oliver Street, Suite 500 Boston, MA 02109 David Quinn Director of Housing Development and Planning Housing Assistance Corporation 460 West Main Street Hyannis, MA 02601 Re: Spring Rock Village, Millstone Road Affordable Housing Award Letter Dear Ms. Shklovsky and Mr. Quinn, I am pleased to inform you that on September 27, 2023, the Brewster Community Preservation Committee (CPC) voted to recommend approval to Brewster Town Meeting of $500,000 for Preservation of Affordable Housing (POAH)/Housing Assistance Corporation (HAC) project to build 45 affordable housing units located at Spring Rock Village, Millstone Road, Brewster, MA (Project) as described in the application dated June 30, 2023. Should Brewster Town Meeting on November 14, 2023, vote to approve this request, the funds will be made available to POAH/HAC on December 31, 2023, as described below. The Town will make the Grant Funds available to the Grantees in accordance with the provisions of a Grant Agreement to be entered into by the Grantees and the Town in a form substantially similar to the agreement attached hereto as Exhibit A, which agreement shall include the terms and conditions stated below (the “Grant Agreement”). The Grant Agreement will require the Grantees to enter into a Regulatory Agreement and Declaration of Restrictions with the Massachusetts Department of Housing and Community Development (“DHCD”) and the Town on terms satisfactory to the Town, which shall specify the affordability requirements, run with and bind the Property for a minimum term of Page 2 of 7 40 years and survive foreclosure of any mortgages and/or other liens encumbering the Property and grant the Town the independent right to enforce the terms thereof without regard to whether DHCD remains as a party thereto (the “Regulatory Agreement”). All mortgages and/or other liens shall be subordinated to the Regulatory Agreement. No Grant Funds shall be disbursed until the Regulatory Agreement has been recorded against the title to the Property. In the event that a Regulatory Agreement is not recorded until after construction commences, the Grantees will enter into an affordable housing restriction with the Town on terms substantially similar to the Regulatory Agreement (the “Affordable Housing Restriction”), which may be superseded by the Regulatory Agreement (the Regulatory Agreement and/or the Affordable Housing Restriction, a “Restriction”). PROJECT DESCRIPTION The Grantees requested $500,000 to help fund the Project. The property at Spring Rock Village in Brewster MA will hold 45 affordable housing units providing apartments for a range of household types – for families as well as seniors and smaller households with affordable rents. The development prioritizes sustainability with its town-center-focused site layout and commitment to Passive House energy efficiency. The apartments will include 15 one-bedrooms, 25 two-bedrooms, and five three-bedrooms in several buildings featuring Cape Cod architecture. More than one third of the 45 homes will be targeted for households or individuals earning less than 50% of Area Median Income (AMI). All restricted apartments will be affordable in perpetuity. The Brewster Community Preservation Committee voted to recommend funding of $500,000 for the application. The Grantees’ compliance with the terms of the Grant Agreement and the Restriction will be secured by a 30-year mortgage on the Property granted by the Grantees to the Town, which may be subordinated to a first mortgage, and the Grantees will use said Grant Funds to pay for construction period expenses of the Project. The award of the Grant Funds will be in the form of a 0% loan, which will be discharged at the end of said 30-year term if the Grantees have been in compliance with the Restriction for said term; interest will be due in the event of a default. The mortgage will run with and bind the Property for the entire 30-year term, notwithstanding any repayment of the Grant Funds, to ensure compliance with the affordability requirements in the Restriction. PROJECT ELIGIBILITY The Project complies with the provisions of the Community Preservation Act (“CPA”), G.L. c. 44B, §5(b)(2), which provides that CPA funds may be expended “for the acquisition, creation, preservation and support of community housing.” The Project is eligible for funding under the CPA as the Town will use CPA monies to “support” the Project and to “acquire” an affordable housing restriction. It will provide funds to an entity that will own the Property and/or operate community housing, which Town funds, in addition to other funds, will make the Project economically feasible and affordable Page 3 of 7 to its occupants. Any real property interest acquired with CPA funds must be protected for a minimum period of 30 years. Since the Restriction is proposed in perpetuity, the Restriction would comply with the CPA’s requirements. The money will be used for the acquisition, creation, and preservation of community housing, as it will be used for the construction of the Project and will result in the imposition of the Restriction, with the affordability restrictions set forth therein, thereby ensuring the long-term public benefit of preserving affordable housing opportunities on Cape Cod. GRANT AWARD TERMS AND CONDITIONS The disbursement of the Grant Funds recommended by the Brewster CPC shall be contingent upon the following terms and conditions, which shall be incorporated in the Grant Agreement: 1)The Grantees and the Town shall execute the Grant Agreement in substantially the form attached hereto as Exhibit A. 2)Prior to the release of any Grant Funds, and in no event later than December 31, 2025, the Grantees shall submit the following information to the CPC for its review and approval: • Documentation that the Project has been duly permitted by all applicable state, local and federal permitting agencies and that the Town of Brewster’s Building Commissioner has issued a Building Permit for the Project; • A final project sources and uses budget, including documentation that all projected sources have been committed in order to determine that the amount of the Grant Funds continues to be necessary; • Final development budget; • Final operating budget; • Project schedule; • Construction contract; and • A DHCD-approved Tenant Selection Plan that provides, to the extent allowable by state and/or federal funders, local preference for individuals and families that reside or work in Brewster, MA. 3) The Grantees shall execute and deliver to the Town a Note, Mortgage, and Restriction including the terms hereof and in form acceptable to Town Counsel and record said Mortgage and Restriction. 4) The Grant Funds are restricted to hard construction costs. 5) The Grant Funds will only be released to the Grantees as reimbursement for construction work completed in accordance with the provisions of this Award Letter Page 4 of 7 and the Grant Agreement. Requests for reimbursement, including documentation of the expenses incurred, shall be submitted to Beth Devine (bdevine@brewsterma.gov), CPC Assistant. The CPC reserves the right, through its agent, to inspect the work prior to approving any funding request. The applicant may request up to 90% of the award at 50% construction completion. 6) The CPC will withhold $50,000 of the Grant Funds until all 45 units have received certificates of occupancy and been included in the Town’s SHI. 7) Pursuant to the Grant Agreement, any funds not utilized for the Project shall be returned to the Town and deposited in the CPC’s pre-FY24 Undesignated Fund Balance. 8) The Grantees shall provide project status report/updates to the CPC liaison every 3 months commencing on the execution of the Grant Agreement until project completion, at which time a final report will be due. 9) The Project must be completed no later than December 31, 2025. The Project term may be extended for good cause shown, but such extension must be in writing signed by all the parties hereto. 10) The terms and conditions herein shall be binding on the parties unless and until amended, in writing, by mutual agreement. Any significant change in the approved Project shall require CPC approval and amendment of this award letter. The CPC Chair shall determine whether a change is deemed to be significant. 11) The CPC liaison for this project is Sarah Robinson at 508-240-1056 or robinsonfinancialsolutions@comcast.net. Do not hesitate to contact her with any questions or concerns. The CPC is pleased to be able to play a role in this much-needed community housing project. Please do not hesitate to contact me should you have any questions or concerns. If the terms of this award letter are acceptable, please agree and accept by signing electronically below within 15 days of receipt. On behalf of the Brewster Community Preservation Committee, thank you, and I remain, Very truly yours, Faythe Ellis Chair- Brewster CPC You're invited to participate in the CDP's Lower Cape Housing Institute (LCHI) 2023-2024! The LCHI provides ongoing education and technical assistance to elected and appointed municipal officials and town staff about strategies to increase housing production on the Lower and Outer Cape. Our programming is free of charge and is open to all interested town board and committee members (not just the ones who deal with housing specifically!). We especially encourage new board and committee members, as well as future town leaders, to participate. The two components of the LCHI are virtual workshops, covering a range of topics addressed by regional housing experts; and quarterly Municipal Peer Group Meetings, an informal space for housing advocates to network and share ideas, challenges, and best practices. See the attached calendar and brochure, or our website, for the full list of dates and descriptions. We kicked off the year's curriculum with Fall Peer Group Meetings last month and had a great turnout and discussions! October offers two great workshop opportunities: "Housing 101: Building & Advocating for the Homes We Need," on 10/17 at 10am, and "Beyond the Usual Suspects: Addressing Barriers to Participation for Community Engagement" on 10/31 at 10am. Register for workshops here and Peer Group Meetings here! Pre-registration is required and Zoom information will be sent out before each session. Feel free to share and invite anyone you think would benefit from attending, and contact Amanda Bebrin, Director of Housing Advocacy, with any questions. We look forward to another great year of learning, collaborating, and innovating strategies to address the housing needs of the Lower and Outer Cape. Amanda Bebrin Director of Housing Advocacy Pronouns: she, her, hers Community Development Partnership Capecdp.org I (508) 290-0130 I amanda@capecdp.org Stay current on education and advocacy opportunities for the Lower and Outer Cape: Sign up for our monthly Housing Advocacy Newsletter! 2 0 2 3 - 2 0 2 4 L O W E R C A P E H O U S I N G I N S T I T U T E H e l d S e l e c t T u e s d a y s , 1 0 a m - 1 1 :3 0 a m V i r t u a l W o r k s h o p s Register at capecdp.org, and click on Upcoming Events and then Housing to sign up for workshops and peer groups. Pre- registration is required. C o n t a c t : A m a n d a B e b r i n D i r e c t o r o f H o u s i n g A d v o c a c y a m a n d a @ c a p e c d p .o r g 5 0 8 -2 9 0 -0 1 3 0 L o w e r & O u t e r C a p e P e e r G r o u p M e e t i n g s Q u a r t e r l y , S e l e c t T u e s d a y s a n d T h u r s d a y s 3 p m - 4 :3 0 p m F a l l P e e r G r o u p W i n t e r P e e r G r o u p S p r i n g P e e r G r o u p S u m m e r P e e r G r o u p Outer Cape Peer Group Tuesday, September 12th Lower Cape Peer Group Thursday, September 14th Regional Peer Group Meeting Tuesday, December 12th 3 pm - 5pm Regional Peer Group Meeting Tuesday, March 12th 3 pm - 5pm Outer Cape Peer Group Tuesday, June 11th Lower Cape Peer Group Thursday, June 13th W O R K S H O P : H O U S I N G 1 0 1 What is housing, affordable and attainable? Who needs it? What are the various types of housing that would meet the need of a diverse community? What can it look like and how does it get built? What do we need to get the best housing? What housing developments are happening in your town? Date: October 17, 2023 This workshop addresses barriers to housing production on the Lower & Outer Cape by providing effective strategies to create more homes in your town. You will leave this workshop with the knowledge and language to support housing initiatives as well as a firm understanding of what must be done to solve your town’s housing crisis. We’ll explore the following questions: W O R K S H O P : C O M M U N I T Y E N G A G E M E N T Date: October 31, 2023 Housing opportunities are made or broken at the local level, but recent research* has shown that the loudest voices in the room often do not represent the community as a whole. In this session, we’ll explore a variety of methods for inviting groups that are underrepresented in local decision- making, including renters, POC, and parents, into the conversation in order to create more equitable outcomes. W O R K S H O P : A D U ’S T O Z O N I N G C H A N G E S : S T R A T E G I E S T O E N C O U R A G E H O U S I N G P R O D U C T I O N Date: January 9, 2024 Historically, zoning has been used to exclude development, uses, and people. This workshop will explore how we can reimagine zoning to encourage certain development patterns, create needed homes, and attract a range of residents. Zoning-based tools ranging from ADU’s to design standards and housing “by right” can be used to accomplish these goals; this workshop will also discuss the practicalities of implementing these strategies. W O R K S H O P : L O C A L P R E F E R E N C E : “...B U T W H O ’S G O I N G T O L I V E T H E R E ”? Date: February 13, 2024 What are local preference and affirmative fair marketing? Is local preference working the way people think it does? While the term seems self-explanatory, the mechanics of local preference are complex and not widely understood. Providing homes for local people and providing homes for new residents are equally important in a healthy, sustainable community, and we’ll explore how local preference is involved in that equation. W O R K S H O P :F I N A N C I N G A T T A I N A B L E H O U S I N G Date: April 2, 2024 In order to address the housing shortage, towns must allocate significant local funds to create more units serving a range of income levels. This workshop will examine how affordable housing development initiatives are financed, as well as exploring gaps in financing, and will analyze the impact of allocating short-term rental taxes to housing initiatives. Tuesday | 10.17.23 | 10 am - 11:30 am | Remote via Zoom AGENDA: What is housing and who needs it? What can it look like? How does it get built? What housing developments are happening in your town? This workshop addresses barriers to housing production on the Lower Cape by providing effective strategies to increase housing in your town. We’ll explore the following questions: WHO SHOULD ATTEND: Town board and committee members, town staff who are directly involved in housing including all housing staff, planners and community development staff. This is especially helpful to new board and committee members. C l i c k H e r e t o R e g i s t e r o r c o n t a c t A m a n d a B e b r i n , H o u s i n g A d v o c a c y D i r e c t o r a t ( 5 0 8 ) 2 9 0 - 0 1 3 0 o r e m a i l a t a m a n d a @ c a p e c d p . o r g SPEAKERS: Jay Coburn, Chief Executive Officer | CDP Amanda Bebrin, Director of Housing Advocacy | CDP HOUSING 101 WORKSHOP: BUILDING & ADVOCATINGFOR THE HOMES WE NEED LOWER CAPE HOUSING INSTITUTE Lower Cape Housing Institute 2023- 2024 SEPTEMBER 2023 OCTOBER 2023 Workshop: Housing 101 Tuesday, 10/17 at 10 am - 11:30 am DECEMBER 2023 JANUARY 2024 Workshop: ADU’s to Zoning Changes: Strategies to Encourage Housing Production Tuesday, 1/9 at 10 am - 11:30 am MARCH 2024 Regional Peer Group Meetings Tuesday, 3/12 at 3 pm - 5 pm APRIL 2024 MAY 2024 2024 Annual Town Meetings JUNE 2024 FEBRUARY 2024 Outer Cape Peer Group Tuesday, 9/12 at 3 pm - 4:30 pm Lower Cape Peer Group Thursday, 9/14 at 3 pm - 4:30 pm Workshop: Community Engagement Tuesday, 10/31 at 10 am - 11:30 am Workshop: Local Preference - “But who’s going to live there?” Tuesday, 2/13 at 10 am - 11:30 am Workshop: Financing Affordable Housing Tuesday, 4/2 at 10 am - 11:30 am Town Captain Huddle Thursday, 5/30 at 12 pm - 2 pm Outer Cape Peer Group Tuesday, 6/11 at 3 pm - 4:30 pm Lower Cape Peer Group Thursday, 6/13 at 3 pm - 4:30 pm Regional Peer Group Meetings Tuesday, 12/12 at 3 pm - 5 pm T o r e g i s t e r , e m a i l A m a n d a B e b r i n , D i r e c t o r o f H o u s i n g A d v o c a c y a t a m a n n d a @ c a p e c d p .o r g From: Vitalia Shklovsky <vshklovsky@poah.org> Sent: Tuesday, October 3, 2023 10:15 PM To: Jill Scalise <jwertz-scalise@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov> Cc: David Quinn <dquinn@haconcapecod.org> Subject: EV charging spaces Hi Jill, Donna, I’d like to circle back with Chrisne Boucher about our plan for EV charging spaces at Spring Rock at our meeng last week. I don’t have her contact informaon, so would you mind sending that over? Alternavely, you can forward this message to her directly: We are planning to have 16 EV Ready charging spaces at the site, which will cover the Passive House requirements for EV spaces for our property (considering our property size and number of total parking spots). When we are closer to construcon, we will decide on the number of actual charging spaces based on how much our budget will allow. In addion, our property management company POAH Communies is tracking the rate at which tenants are adopng electric vehicles, to convert the EV Ready spaces to actual charging staons. We will know that informaon when we are closer to starng construcon as well. Thanks, Vita Vitalia Shklovsky | Senior Project Manager Pronouns: She, her, hers Preservation of Affordable Housing, Inc. vitasky@poah.org | M: 508 308 5097 2 Oliver Street, Suite 500 | Boston MA 02109 www.poah.org | Newsletter | Twitter | LinkedIn | Facebook BREWSTER COMMUNITY PRESERVATION GRANT QUARTERLY PROJECT STATUS REPORT Name of CPA Recipient: Habitat for Humanity of Cape Cod, Inc. Quarter Ending Date: September 30, 2023 Project Title: Brewster Red Top Road Community Housing (aka Phoebe Way) Project Representative/CPC Contact Name: Elizabeth (Beth) Hardy Wade, Director of Land Acquisition Address: 411 Main St., Suite 6A, Yarmouth Port, MA. 02675 Telephone Number: 508-362-3559 x 24 Email: land@habitatcapecod.org Amount: $100,000 # of Homes: 2 Project Status: Permitting: The Town Clerk stamped ZBA decision was recorded at the Barnstable County Registry of Deeds on January 24, 2022: BK 34849, PG 19; Subdivision Plan at: PB 694 PG 44. Habitat closed on the donation of the two lots from Beth Finch on February 28,2022. Deed for transfer of property at: BK 34935 PG 265. Regulatory Agreement, recorded on October 20, 2022, at the Barnstable County Registry of Deeds at BK 35434 PG 166 (original delivered to the Planning office). Building permits were issued in November 2022. Amended RA recorded at the Registry of Deeds on May 11, 2023, BK 35779 PG 33 (original delivered to the Planning Office). Infrastructure: Update: 90% Complete: Each homes’ septic system has been installed, inspected, and covered; Water lines have been installed to both houses; Electric lines installed in both houses; and a new telephone pole has been installed by entry roadway. The street sign for Phoebe Way is in place. Driveway gravel will be placed at the end of construction. Construction: Update: 10% Complete: The girts have arrived and have been placed at the foundation. Trusses will be on site any day. Volunteers are working with our staff carpenter to prepare the two homes for wall raising day- currently scheduled for Saturday, November 11th at 8 a.m. (subject to change) Fundraising: A CPC grant agreement amendment was executed on April 17, 2023, allowing for an adjusted AMI served by the project (1 home at 60% AMI, 1 home at 80% AMI). Since our last report two additional home sponsors have been secured at $50,000 each. Solar funding is secured for the site. Robust fundraising efforts continue. Homeowners: Update: Applications closed on August 14, 2023, with 30 applications received. We are in the final review process and expect to be ready for the lottery soon. The three-bedroom home prices are set at: $164,750 (1 home at 60% AMI) and $233,700 (1 home at 80% AMI). The home lottery will be subject to a Veteran Preference for one of the homes; however, if we fail to find a qualified Veteran applicant, we will roll the preference over to provide a local preference option. Volunteers or Events/Press: We have scheduled a “Kick-off” event for Monday, November 6, 2023 at 4 p.m. at Brewster Baptist Church. The date is subject to change based on the timing of the lottery selection. Brewster Phoebe Way Pro Forma Bud v Act 2023-09-30 2 HOMES FUND USES Revised As Of: 06.30.2023 BUDGET PER UNIT PER SF % of TTL ACTUAL % of TTL DIFFERENCE a 0 0 0 0%0 0%0 Site Work/Hard Costs Drainage 11,000 5,500 2 1%307 0%10,693 Driveways and Parking 22,500 11,250 5 2%0 0%22,500 Earthwork/Topsoil 26,500 13,250 6 3%45,775 11%(19,275) Excavate, Backfill, Septic, Waterline 61,000 30,500 13 6%147,332 36%(86,332) Lawns, Plantings and Walkways 10,000 5,000 2 1%0 0%10,000 Other: 0 0 0 0%0 0%0 Roadway 103,500 51,750 22 10%0 0%103,500 Sheds 27,500 13,750 6 3%6,488 2%21,012 Site Landscaping & Loam Shoulders 12,500 6,250 3 1%9,605 2%2,895 Site Utilities (not extensions/road)35,500 17,750 7 3%12,275 3%23,225 Water/Wells 8,600 4,300 2 1%18,000 4%(9,400) b Subtotal Site Work 318,600 159,300 66 31%239,782 59%78,818 Direct Construction Appliances 8,000 4,000 2 1%0 0%8,000 Cabinets & Vanities 17,000 8,500 4 2%0 0%17,000 Carpentry/Doors & Windows 100,000 50,000 21 10%0 0%100,000 Concrete 42,000 21,000 9 4%47,066 12%(5,066) Electrical 33,380 16,690 7 3%0 0%33,380 Insulation 17,580 8,790 4 2%0 0%17,580 Interior Finish 40,600 20,300 8 4%0 0%40,600 Plumbing/HVAC 66,566 33,283 14 6%0 0%66,566 Solar Install 0 0 0 0%0 0%0 c SubTotal Direct Construction 325,126 162,563 68 32%47,066 12%278,060 d SubTotal Site Wk & Direct Const (b + c)643,726 321,863 134 63%286,849 71%356,877 6% of (d) General Requirements 38,624 19,312 8 4% 3,921 1% 34,703 6% of (d) Builder's Profit 38,624 19,312 8 4% 17,211 4% 21,413 2% of (d) Builder's Overhead 12,875 6,437 3 1% 5,737 1% 7,138 e Total Gen Req, Profit, Overhead 90,122 45,061 19 9%26,869 7%63,253 f 5% of a,b,c,d Construction Contingency 36,692 18,346 8 4% 0 0% 36,692 g TOTAL HARD/CONST COSTS (a+b+c+e+f)770,540 385,270 161 75%313,717 77%456,823 PHOEBE WAY, BREWSTER Site Acquisition House Costs Brewster Phoebe Way Pro Forma Bud v Act 2023-09-30 2 HOMES FUND USES Revised As Of: 06.30.2023 BUDGET PER UNIT PER SF % of TTL ACTUAL % of TTL DIFFERENCE PHOEBE WAY, BREWSTER House Costs Accounting 3,000 1,500 1 0%0 0%3,000 Architectural 500 250 0 0%0 0%500 Bond Premium 0 0 0 0%0 0%0 Construction Interest 12,375 6,188 3 1%0 0%12,375 Engineering 12,900 6,450 3 1%27,795 7%(14,895) Family Programs/Volunteer Services 12,292 6,146 3 1%0 0%12,292 Financing/Application Fees/Appraisal 500 250 0 0%0 0%500 Insurance 5,684 2,842 1 1%0 0%5,684 Legal 4,500 2,250 1 0%8,057 2%(3,557) Maintenance (unsold units)0 0 0 0%0 0%0 3% of home $Marketing (Affirmative Fair Housing)11,954 5,977 2 1%2,281 1%9,672 Permits/Surveys 2,000 1,000 0 0%8,390 2%(6,390) Real Estate Taxes 0 0 0 0%0 0%0 Security 0 0 0 0%0 0%0 Site & Construction Supervision 70,193 35,096 15 7%0 0%70,193 Utilities 0 0 0 0%0 0%0 Less Discounts/Gifts in Kind 0 0 0 0%0 0%0 h Subtotal Soft Costs 135,897 67,949 28 13%46,523 11%89,374 i 5.0%Soft Cost Contingency 6,795 3,397 1 1%0 0%6,795 j 142,692 71,346 30 14%46,523 11%96,169 k 913,232 456,616 190 89%360,241 89%552,991 l 12.5%Developer's Fee 114,154 57,077 24 11%45,030 11%69,124 TOTAL DEVELOPMENT COST 1,027,386 513,693 214 100% 405,271 100%622,115 ACTUAL DIFFERENCE $398,450 $0 ($398,450) $0 $0 $0 $100,000 $90,000 ($10,000) $60,000 $0 ($60,000) $375,000 $136,597 ($238,404) $93,936 $178,674 $84,738 $0 $0 $0 $0 $0 $0 $1,027,386 $405,271 ($622,115) Note 1: Note 2: Note 3: Note 2 HARD AND SOFT COSTS TOTAL SOFT COSTS Construction Funding - CPC FHLBB Grant - Awarded Habitat Developer Equity Fundraising: Designated Grants & Sponsorships Solar Grants & Energy Rebates Other The "Proceeds from Sale of Homes-USDA" is based on 2023 EOHLC approved pricing. We will add a solar costs & funding sources for this project once it is identified. The above Development Cost does not include donations and professional discounts, estimated at $10K - $20K per home. Note 1 Soft Costs FUND SOURCES Proceeds from Sale of Homes Acquisition Funding Community Preservation Committee Minutes of July 26, 2023 Page 1 of 5 vd 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE Hybrid Meeting w In-Person Quorum Wednesday, July 26, 2023, at 4:00 p.m. MEETING MINUTES OF JULY 26, 2023 Present: Community Preservation Committee (CPC) – Chair Faythe Ellis, Vice Chair Sarah Robinson, Clerk Elizabeth Taylor, Roland Bassett, Bruce Evans, Peggy Jablonski (4:15), Paul Ruchinskas – Remote Attendees: Treasurer Sharon Marotti, Christine Boucher Absent: Also Present: Cindy Bingham, Select Board Chair Ellis called the meeting to order at 4:05 pm, announced a quorum, and read the Recording Statement. 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. 1.Public Announcements and Comment- none 2.Financial Update Included in the packet is the usual material, Community Preservation Committee Forecast. Added into the packet are placeholders for the Fall Town Meeting requested amounts that will be reviewed later today. In addition, an updated housing trust five-year plan has been included from 12/29/22, this is the most up to date plan. Please ignore page 4 of the packet, it needs to be removed. No discussion. 3.Declaration and votes on completeness, timeliness, and CPA eligibility for Fall Town Meeting applications: a. Harwich Cemetery Commission/ Revolutionary War Memorial /$23,000 b. Brewster Affordable Buydown Program / Brewster Affordable Housing Trust / $250,00 c. 0 Millstone Road/Preservation of Affordable Housing and Housing Assistance Corp./$500,000 a.Harwich Cemetery Commission / Revolutionary War Memorial / $23,000 Approved: VOTE: Community Preservation Committee Minutes of July 26, 2023 Page 2 of 5 Legal Opinion received and emailed to the Committee members It was a lengthy commentary regarding the Opinion Has everyone had time to review the Opinion? Okay Summary: -This project does not meet CPA requirements for historic funding -However, the door has been left open for some alternative options Feedback from the Committee -The Harwich Cemetery Committee would have to rewrite their application to say that they are looking for money to improve the Cemetery and make it more of a historical site in order to qualify for the money. -Is the Cemetery currently designated as an Historic Resource? Not know. -The CPC would be interested to know: What was the Legal Opinion, if they got one, from the Harwich Town Council for this project. Note: It was funded by Harwich. -The CPC would like to see the Harwich Legal Opinion. In their application they reference 50 projects where CPA money has been used to restore memorials. This request is a little different than a restoration request. -We could run it by Eric Dray at the Town Council and get his take on the project as he would be involved if we move forward -Any comments on completeness and timeliness? No Next Steps: -This topic will be reviewed at the next meeting in early August based on the additional information required from the Historical Commission. b.Brewster Affordable Housing Trust / Brewster Affordable Buydown Program / $250,000 Replenish the Buydown program with $250,000 in CPA funding. -Do we need additional information on the opinion from Sharen? Opinion was clear. -Did we get one in 2007? Not obtained Questions with regards to Completeness and timeliness? -Elizabeth Taylor: Why are they only asking for $250,000, aren’t we talking about giving out more funds per person? Paul stated the following: o We see this as a preservation for supporting existing affordable housing. Not necessarily a program for people to afford new units. The rise from $30,000 to $50,000 was to accommodate for interest rates and housing prices. o We average one to two a year, and we do not want to go another 10 or 12 years before we deplete the funds. The $250,00 would support at 3- or 4-year time frame. And we want to be cognoscenti of the future housing requests. -Sarah Robinson: The application is for $250,000 but their budget (Proforma) looks like they are expecting $300,000. Paul stated the following: o The financial forecast was done before we had the initial discussion. It was a combination of knowing that we were going to have a Millstone ask from both the CPC and the Trust. Again, thinking that we do not want this to be a 5-to-10-year timeline. -Sharon Marotti: Would this help the buyer or the seller with regards to the work that would need to be done on the house? o It is to help the buyer. For example, a few items in the home inspection that the seller cannot address. Community Preservation Committee Minutes of July 26, 2023 Page 3 of 5 o If the house does not need extensive work than the $50,000 would go to lowering the mortgage -The CPC will be receiving a full presentation from the Affordable Housing Committee with regards to the distribution details. Motion to declare the Brewster Affordable Housing Trust / Brewster Affordable Buydown Program / $250,000 – Complete, Timely and CPA Eligible MOVED by Roland Bassett. Bruce Evans second. Roll Call Vote: Bruce Evans - yes, Sharon Marotti – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Christine Boucher – yes, Elizabeth Taylor – yes, Peggy Jablonski – yes, Chair Ellis – yes VOTE 9-yes 0-no c.0 Millstone Road/Preservation of Affordable Housing and Housing Assistance Corp./$500,000 Note Paul is on the Board of Housing Assistance Corporation and recused himself from participating on this topic. The application was submitted by the Preservation of Affordable Housing and the Affordable Housing Corporation. They are requesting $500,000. -We do have the Legal Opinions stating that it is CPA eligible Questions with regards to Completeness and timeliness? -No Next Steps: -An Official Referral email will be sent to the Housing Partnership -Looking for them to review the application Motion to declare the 0 Millstone Road/Preservation of Affordable Housing and Housing Assistance Corp./$500,000 – Complete, Timely and CPA Eligible MOVED by Rolland Basset. Bruce Evans second. Roll Call Vote: Bruce Evans - yes, Christine Boucher - yes, Sharon Marotti – yes, Roland Bassett – yes, Sarah Robinson – yes, Elizabeth Taylor – yes, Peggy Jablonski – yes, Chair Ellis - yes. VOTE 8-yes 0-no There was a conversation with regards to the Housing Coordinator position. It was noted that the funding for that part-time position would not be coming from this committee’s financials. 4.Summary of meetings with citizens about CPA Funding Process Over the past couple of weeks, we (Faythe and Sarah) had requests from a few citizens groups with regards to reviewing the process to get items submitted to the CPC. How things work in getting an item before the CPC for a funding request. Community Preservation Committee Minutes of July 26, 2023 Page 4 of 5 -Met with the Golf Commission, they noted that there have been Golf projects funded by another Town’s CPA. The application process was reviewed. -Met with citizens who are tennis and pickleball advocates. Looking for information to get funding together for their projects. The application process was reviewed, and it was suggested that they reach out to the Recreation Department. -Both groups were sent the Affordable Housing Application as an example. -Both groups were surprised at the level of funds that might be available. -This committee will need to understand the financing of the Golf Course and what impacts it which they would have on the request. 5.Set Date for Annual Public Hearing It was decided at the meeting in June that this topic would be deferred until we had a full understanding of the application in front of this committee. Note Wednesday, October 11th is the last regular meeting. Need to finalize the Warrant Article. Plan the Annual Public Hearing for October 25th. It will happen before the Town meeting scheduled for November. We will be doing the same task that has been successful for us over the past few years; notifying people and sending emails. 6.Project Updates Habitat Project on Red Top Road. Faythe liked the format. They are looking for applicants however they have not built the houses. They are looking for applicants. Applications are due by August 14th, www.habitatcapecod.org and/or call the Habitat Office in Yarmouth Port for additional information. In addition, the details are in the packet provided during this meeting or reach out to Faythe with any additional questions. 7.Approval of Minutes from 6/28/23 & 7/12/23 Approval of Minutes from 6/28 -Second page number 4 – third bullet – second line should be Resident Selection Process -No other edits MOVED by Rolland Bassett. Peggy Jablonski second. Roll Call Vote: Bruce Evans - abstain, Christine Boucher - yes, Sharon Marotti – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Elizabeth Taylor – yes, Peggy Jablonski – yes, Chair Ellis - yes. VOTE 7-yes 0-no 1-abstain Approval of Minutes from 7/12 -Page 3 number 8 – Housing Trust – 3rd line – The Resource Inc (TRI) for resourcing the people in charge of renovation and Housing Assistance Corporation (HAC) for handling the sale for the future buyer – Paul will send to Faythe written out. -No other edits MOVED by Rolland Bassett. Bruce Evans second. Roll Call Vote: Bruce Evans - yes, Christine Boucher - yes, Sharon Marotti – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Elizabeth Taylor – yes, Peggy Jablonski – yes, Chair Ellis - yes. VOTE 9-yes 0-no Community Preservation Committee Minutes of July 26, 2023 Page 5 of 5 8.Matters Not Reasonably Anticipated by the Chair - none 9.Announcements– none Announcements: -July 27th dance party at the Sea Camp at 6:00 PM -July 29 there is a Long Pond Guided walk, you will need to register for this activity -July 29 starting at 10:00am there is the Griss Mill Indian Corn Pudding Party -August 5 Community Forum for the Sea Camps and you will need to register on the Town website 10.Next Meetings – August 9, 2023 at 4PM / August 17 at 6PM / August 23 at 4PM The CPC is going to be invited to attend remotely a local preference information session. Faythe will email out the flier with the additional information. MOTION made by Bruce Evans to adjourn the meeting at 5:15 pm. Sarah Robinson second. Roll Call Vote: Elizabeth Taylor – yes, Christine Boucher – yes, Sharon Marotti – yes, Bruce Evans – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sarah Robinson – yes, Peggy Jablonski – yes, Chair Ellis - yes. VOTE 9-yes 0-no Respectfully submitted, Joanne Weeden Packet of additional documents available on website for public review.