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HomeMy Public PortalAboutSelect Board -- 2023-10-16 Minutes\°a""°� EWa.�', \((1L')�-Tk Town of Brewster �� =_ nti'; 2198 Main Street Select Board Town Manager 3` a y z Brewster, MA 02631-1898 a Phone: (508) 896-3701 _ %,i;W:t.i S r hi . :www.brewster-ma.gov FREI.JSTER7 _i Li ; R, MINUTES OF THE .SELECT .BOARD „MEETING REGULAR SESSION DATE: October 16, 2023 TIME: 6:00 PM PLACE: 2198 Main Street, Room A Participants: Chair Chatelain, Selectperson Chaffee, Selectperson Hoffmann, Selectperson Whitney, Town Manager Peter Lombrdi, Assistant Town Manager Donna Kalinick, Conservation Commission: Chair Michael Tobin, Vice Chair Cas4y Chatelain, Bruce Evans, Gary Kaser, Kimberley Crocker Pearson, Ronald Slowek and Steve Mckenna, Depa:ttment of Natural Resources Director Chris Miller, Citizen Matilda Delano, Planning Board Chair Amanda Bebrin, Human Resources Director Sue Broderick Absent: Selectperson Bingham Call to Order, Declaration of a CLuoruM, Meetine Participation Statement and Recording Statement Chair Chatelain calledthe meeting to order at 6:00pm, read both the meeting participation and recording statement and declared a quorum. :; Public Announcements and Comment None i Select Board Announcements and Liaison ftports Selectperson Hoffmann praised the Brewster Ladies Library Association for the Nickerson Memorial Lecture: Geraldine Brooks on Saturday October 14, 2023. Town Manager's Restirt Mr. Lombardi shared that Brewster has received the Government Finance Officers Association Distinguished Budget Presentation Award for the FY24 budget. This award is the standard in terms of best practices in State, County and Local budgetary practices. This recognizes the Town's organization and communication with residents in presenting the budget. Y ConsentAAgenda a. Meeting Minutes: September 27, October 2, and October 4, 2023 b. One Day Liquoli License Applications (16): Cape Rep Theatre c. Drummer Boy:Park Facility Use Request: Brewster Chamber of Commerce d. Request for Pr'o-rated Seasonal Liquor License Fee: Pico's Taco Shack Seiectperson Hoffmann requested a slight amendment to the meeting minutes of October 4, 2023. 1� Selectperson Chaffee.moved to approve the Consent Agenda as amended. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. Select Board 10.16.2023 www.brewster-ma.gov Page 1 of 6 E.„ru0///% office of: \,\��` 0 VL Town of Brewster �` k 6LO d ,�,Q°%� I Select Board ° 2198 Main Street Town Manager 3 a = Brewster, MA 02631-1898 ° Phone: (508) 896-3701 www.brewster-ma.gov $ RpoFk Review 2022-2023 Hunting Season Data & Vote on 2023-2024 Town _Prat�ertu Hunting Policies- Joint Meetin with Conservation Commission r Conservation Commission Chair Michael Tobin called the meeting to order at 6:07pmyand declared a quorum with all members present. Mr. Lombardi reviewed that Town Meeting in 2022 approved a citizen's petition which created a new Town Bylaw allowing bow hunting in the Punkhorns for a three-week period in December. The Conservation Commission, Select Board and Water Commissioners all have care, custody, and control of various parcels within the Punkhorn. A map identifying the areas which allows bow hunting was developed that is consistent with the bylaw. Mr. Lombardi noted that there was not an increase in the number of hunting permits purchased last year and there were no issues or incidents. The recommendation is to adopt the same policy that was agreed to last year, including the map. i S Chris Miller reviewed the three areas that hunting is allowed on Conservation land, the Commission votes each year on hunting for all three locations. The only change from last year's policy lithe bow hunting date, which will start on the first Monday of December for a three-week period. Conservation Commission members provided comment: • Gary Kaser inquired about the ability to expand the hunting area as outlined on the map since there were no accidents and to help control the deer population. • Member Steve McKenna asked about the allowed dates of bow hunting and why it doesn't coincide with the State's bow hunting dates. Mr. Miller responded that the bylaw is specific to the three-week period in December for bow hunting in the Punkhorns. • Numerous members of the Conservation Commission would like to wait at least another year before considering expanding the hunting area but agree that in the future it should be considered. S' Sally Mahoney, 0 Birch Lane, expressed her concern about public outreach and doesn't feel that the information has reached those who frequent the Punkhorns where bow hunting is all She also reviewed the dates that bow hunting is allowed. It was confirmed that the three-week period starts on the first Monday of December for three weeks, this excludes all Sundays as there is no hunting allowed State- wide on Sundays. Mr. Miller and Mr. Lombardi noted that information regarding bow hunting will be placed on the Town website, Town social media pages, kiosks at trail heads, and that signs will be posted at the edge of the buffer zones. Information is available through the Town Clerk's office and anyone that purchases a hunting permit will be provided with information including the map. Conservation Commission member Chatelain moved to approve the 2023 Hunting policy as described. Member Crocker Pearson second. A roll call vote was taken. Member Chatelain-yes, [Member Kaser-no, Member Crocker Pearson -yes, Member Slowek-yes, Member Mckenna-yes, Member..Evans-yes, Chair Tobin - yes. The Commission vote was 6 -Yes, 1 -No. Select Board 10.16.2023 www.brewster-ma.gov Page 2 of 6 Town of BrewsterOffice of; �� f ti �a s�F9'�'• Select Board o 2198 Main Street Town Manager 4 6 3 y3 Brewster, MA 02631-1898 o = Phone: (508) 896-3701 www.brewster-ma.gov r to, is Selectperson Hoffmann moved to approve the 2023-2024 Brewster Hunting Regulations as outlined in the packet. Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. Conservation Commission member Crocker Pearson moved to adjourn the meeting at 7:27pm. Member Chatelain second. A roll call vote was taken. Member Chatelain-yes, Member Kaser-yes, Member Crocker Pearson -yes, Member,Slowek-yes, Member Mckenna-yes, Member Evans -yes, Chair Tobin -yes. The Commission vote was"7-Yes, 0 -No. Discuss and Vote on Fall 2023 Special Town Meeting Warrant Articles a. Citizens Petitions: Short Term Rental Restriction Bylaw; Short Term Rental Bylaw Registration - Matilda Delano Selectperson ehaffee recused herself from this item. Ms. Delano presented the citizens' petitions noting that the registration system in Brewster is being proposed so that short terms can be tracked, data can be collected, and the Town can manage short- term rentals and the impact they have on the Town. The restriction bylaw is to allow only one short term rental per owner unless the owner is a full time Brewster resident. The goal is to limit the impact that short term rentals have on the housing market in the area and to create long term housing opportunities for residents who have been impacted by the housing crisis. Mr. Lombardi reviewed the process of the citizens' petition once received by the Town Clerk's office, noting that the' original petition was not necessarily in the form of a bylaw. Town Counsel has prepared a motion to put the article in a proposed General bylaw. Mr. Lombardi noted some of the several modifications to the original petition, including a new section about enforcement and responsibilities of Town offices and an effective date of January 1, 2025. There was a review of the steps that would need to occur for this bylaw to take effect, including the costs of the proposal and questions rais4d by Town Counsel. it was noted that the Board is not to consider the amendments as part of the vote this evening as they will be presented on Town Meeting floor. Select Board members provided comments on the proposed bylaws, noting that short-term rentals is part of the Select Board Strategic Plan for FY24. The Board is in favor in reviewing the impact that short term rentals have, but do not feel now is the time with the information at hand. Ms. Delano responded that short term rental registration is not unique to Brewster and other Massachusetts' Towns have similar restrictions that she is proposing. Mr. Lombardi stated that the very first review by Town Counsel on petition articles is the extent to which similar articles have been approved by the Attorney General's Office. The state has been clear that broadly municipalities have the authority and ability to regulate short term rentals in ways similar to this. r Select Board 10.16.2023 www.brewster-ma.gov Page 3 of 6 �in�f�rrrrnumetta�uu C S Ms. Delano shared that her family has been going through the housing crisis for close to a decade and she has been waiting to see the Town take a stance against the things that have been happening. She would like the Town to take a proactive stance addressing the impact that short-term rentals have on our communities. She stated that it is important to collect data to come up with housing solutions in the future. 4 Selectperson Hoffmann moved to recommend Article 13 as drafted. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -no, Selectperson Whitney -no, Chair Chatelain-no. The Board vote was 0 -Yes, 3 -No. Selectperson Hoffmann moved to recommend Article 14 as drafted. Selectperson Whitney second. Selectperson Hoffmann stated that a no vote is not about the issue, the Select Board has this on the strategic plan for discussion. A roll call vote was taken. Selectperson Hoffmann -no, Selectperson Whitney -no, Chair Chatelain-no. The Board vote was 0 -Yes, 3 -No. b. Zoning Bylaw Amendments: Accessory Dwelling Unit- Amanda Bebrin Ms. Bebrin noted that nothing in the proposed draft has changed since the Se ect Board recommended the amendments for the Planning Board public hearing. Ms. Bebrin provided an overview of the proposed changes to the original bylaw which includes the ADU definition, that the ADU must be used as year-round housing and cannot be used as a short-term Tental. There is a requirement that the ADU must be continuously occupied with a minimum of';a 12 -month lease. The amended bylaw only allows for owner occupants but does propose a path forpart-time residents to create ADUs through a special permit process before the Planning Board. These is no minimum lot size required to create an ADU and the lot size that triggers a Special Permit is proposed to be reduced. Ms. Bebrin reviewed other housekeeping items that have been proposed and stated that the bylaw is consistent with the Vision Plan and the recently certified Housin'Production plan as a strategy. Selectperson Hoffmann moved to recommend Article 5 for the warrant. Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Whitney -yes, Selectperson Chaffee -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. c. Opioid Settlement Funds Appropriation Mr. Lombardi reviewed that the Town participated in Class Action lawsuits relative to the opioid epidemic and there have been two settlements to date, as a result we are eligible to receive varying levels of annual payments for the next 15 years, totaling just under $500K. The State has very specific and rigid protocols for expenditure of the funds, including that they need to be segregated from the General Fund. The proposal is for Town Meeting to appropriate the funds into a special article, then to create a working group to determine the allocation of the funds. The Town will go through a public outreach process to solicit input from individuals and families significantly impacted by the opioid epidemic. Mr. Lombardi noted that until the State passes legislation that allows the funds to be automatically placed in a receipt reserved for appropriation account, the Town will every Fall go to Select Board 10.16.2023 www.brewster-ma.gov Page 4 of 6 f p�rrrsuiiiiiiii�� Town of Brewster 4 .;ErF o Q° 2198 Main Street Select Board Town Manager efi a = Brewster, MA 02631-1898 o _ a Phone: (508) 896-3701 www.brewster-ma.gov �in�f�rrrrnumetta�uu C S Ms. Delano shared that her family has been going through the housing crisis for close to a decade and she has been waiting to see the Town take a stance against the things that have been happening. She would like the Town to take a proactive stance addressing the impact that short-term rentals have on our communities. She stated that it is important to collect data to come up with housing solutions in the future. 4 Selectperson Hoffmann moved to recommend Article 13 as drafted. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -no, Selectperson Whitney -no, Chair Chatelain-no. The Board vote was 0 -Yes, 3 -No. Selectperson Hoffmann moved to recommend Article 14 as drafted. Selectperson Whitney second. Selectperson Hoffmann stated that a no vote is not about the issue, the Select Board has this on the strategic plan for discussion. A roll call vote was taken. Selectperson Hoffmann -no, Selectperson Whitney -no, Chair Chatelain-no. The Board vote was 0 -Yes, 3 -No. b. Zoning Bylaw Amendments: Accessory Dwelling Unit- Amanda Bebrin Ms. Bebrin noted that nothing in the proposed draft has changed since the Se ect Board recommended the amendments for the Planning Board public hearing. Ms. Bebrin provided an overview of the proposed changes to the original bylaw which includes the ADU definition, that the ADU must be used as year-round housing and cannot be used as a short-term Tental. There is a requirement that the ADU must be continuously occupied with a minimum of';a 12 -month lease. The amended bylaw only allows for owner occupants but does propose a path forpart-time residents to create ADUs through a special permit process before the Planning Board. These is no minimum lot size required to create an ADU and the lot size that triggers a Special Permit is proposed to be reduced. Ms. Bebrin reviewed other housekeeping items that have been proposed and stated that the bylaw is consistent with the Vision Plan and the recently certified Housin'Production plan as a strategy. Selectperson Hoffmann moved to recommend Article 5 for the warrant. Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Whitney -yes, Selectperson Chaffee -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. c. Opioid Settlement Funds Appropriation Mr. Lombardi reviewed that the Town participated in Class Action lawsuits relative to the opioid epidemic and there have been two settlements to date, as a result we are eligible to receive varying levels of annual payments for the next 15 years, totaling just under $500K. The State has very specific and rigid protocols for expenditure of the funds, including that they need to be segregated from the General Fund. The proposal is for Town Meeting to appropriate the funds into a special article, then to create a working group to determine the allocation of the funds. The Town will go through a public outreach process to solicit input from individuals and families significantly impacted by the opioid epidemic. Mr. Lombardi noted that until the State passes legislation that allows the funds to be automatically placed in a receipt reserved for appropriation account, the Town will every Fall go to Select Board 10.16.2023 www.brewster-ma.gov Page 4 of 6 Town Meeting to appropriate the funds that fall into Free Cash to the Special Article for specific purposes. Selectperson Hoffmann moved to recommend Article 9, Opioid Settlement Funds Appropriation to Town Meeting. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Whitney -yes, Selectperson Chaffee -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. Vote to Close Fall 202�ecial_Town Meeting Warrant Selectperson Hoffmann moved to close Fall 2023 Special Town Meeting Warrant. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Whitney -yes, Selectperson Chaffee -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No, Review Status of FY23 Goals & Discuss and Vote on FY24 Town Mana er Goals Ms. Broderick reviewed that each Select Board member was asked to identify three goals for the Town Manager for FY24 as well as to comment on the FY23 goals that the Board set last year. The aggregate comments on FY23 ark provided in the packet, as well as the FY24 goals that were suggested for the Town Manager. The five pribrity goals that the Board decides on this evening will be reviewed and discussed during next year's Town Manager's evaluation. Y Selectperson Chaffee differed the following for discussion: 1. Sea Camps- continue to guide and supervisor Bay Property Planning Committee and Pond Property Planning Coma ittee activities including interim public use and public access to the bay and pond properties, develop strategies leading to a positive outcome at Town Meeting regarding the long- range comprehensive plans, and explore revenue generating opportunities and financing of priority projects. 2. Water Resources- continue to manage Pleasant Bay watershed permit, develop new watershed permits for Bads River and Swan Pond and educate the community about changes to Title V regulations and new DEP nitrogen sensitive watershed permit regulations by mid -2024. 3. Communication —the Town Manager will establish a plan, and make significant progress toward implementing it, to optimize communications with the public in a changing communications environment by June 2024. 4. Infrastructure -Complete the Long Pond boat ramp project in time for the 2024 summer season. 5. Open Space- d8velop a standard criteria and process to evaluate potential land acquisitions. Mr. Lombardi noted the lessons learned from last year, adding that some of the goals may have been a little ambitious in terms of the timeline. He recognized the significant undertaking that some of these goals have, including those pertaining to the Sea Camps propertigs. Ms..K�linick added that the Sea Camps goal includes interim uses and operations, which is a large'percentage.of time that Town Administration wgrks on regularly. Members of the Select Board talked through their options, considering that the Sea Camps are a priority that Select Board 10.16.202ill- Page 5 of 6 Town of Brewster Board d �9 2198 Main Street Mana er Town > Brewster, MA 02631-1898 o.y N 'Phone: (508) 896-3701 www.brewster-ma.gov PO Town Meeting to appropriate the funds that fall into Free Cash to the Special Article for specific purposes. Selectperson Hoffmann moved to recommend Article 9, Opioid Settlement Funds Appropriation to Town Meeting. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Whitney -yes, Selectperson Chaffee -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. Vote to Close Fall 202�ecial_Town Meeting Warrant Selectperson Hoffmann moved to close Fall 2023 Special Town Meeting Warrant. Selectperson Whitney second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Whitney -yes, Selectperson Chaffee -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No, Review Status of FY23 Goals & Discuss and Vote on FY24 Town Mana er Goals Ms. Broderick reviewed that each Select Board member was asked to identify three goals for the Town Manager for FY24 as well as to comment on the FY23 goals that the Board set last year. The aggregate comments on FY23 ark provided in the packet, as well as the FY24 goals that were suggested for the Town Manager. The five pribrity goals that the Board decides on this evening will be reviewed and discussed during next year's Town Manager's evaluation. Y Selectperson Chaffee differed the following for discussion: 1. Sea Camps- continue to guide and supervisor Bay Property Planning Committee and Pond Property Planning Coma ittee activities including interim public use and public access to the bay and pond properties, develop strategies leading to a positive outcome at Town Meeting regarding the long- range comprehensive plans, and explore revenue generating opportunities and financing of priority projects. 2. Water Resources- continue to manage Pleasant Bay watershed permit, develop new watershed permits for Bads River and Swan Pond and educate the community about changes to Title V regulations and new DEP nitrogen sensitive watershed permit regulations by mid -2024. 3. Communication —the Town Manager will establish a plan, and make significant progress toward implementing it, to optimize communications with the public in a changing communications environment by June 2024. 4. Infrastructure -Complete the Long Pond boat ramp project in time for the 2024 summer season. 5. Open Space- d8velop a standard criteria and process to evaluate potential land acquisitions. Mr. Lombardi noted the lessons learned from last year, adding that some of the goals may have been a little ambitious in terms of the timeline. He recognized the significant undertaking that some of these goals have, including those pertaining to the Sea Camps propertigs. Ms..K�linick added that the Sea Camps goal includes interim uses and operations, which is a large'percentage.of time that Town Administration wgrks on regularly. Members of the Select Board talked through their options, considering that the Sea Camps are a priority that Select Board 10.16.202ill- Page 5 of 6 VLF.rW s Town of Brewster i of• \\'O"\a ' o p° `q4�s 2198 Main Street Select Board Town Manager Brewster, MA 02631-1898 i y Phone: (508) 896-3701 www.brewster-ma.gov ,,ru/7111H�ll��pl�lllwo_ � d have multiple goals that need to be accomplished, also that some of these are included in the Select Board's strategic plan which Town Administration is the primary responsible party.', Selectperson Whitney moved the following goals for the Town Manager for Fiscal Yea{ 24: 1. Sea Camps - guide interim public use and public access to the bay and pond properties. 2. Sea Camps - develop strategies leading to a positive outcome at Town Meeting regarding the long- range comprehensive plans. 3. Sea Camps - explore revenue generating opportunities and financing of priority projects. 4. Water Resources - continue to manage Pleasant Bay watershed permit, develop new watershed permits for Bass River and Swan Pond and educate the community about changes to Title V regulations and new DEP nitrogen sensitive watershed permit regulations by mid -2024. 5. Communication - the Town Manager will establish a plan, and make significant progress toward implementing it, to optimize communications with the public in a changing communications environment by June 2024. Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Whitney - yes, Selectperson Chaffee -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. r FYls- No questions/comments Matters Not Reasonably Anticipated b the Chair -.None questions from the Media.. - None Next Meetings November 6, November 13 (Town Meeting), November 27, December 4 (Joint with Finance Committee), and December 18, 2023 Adjournment Selectperson Hoffmann moved to adjourn at 7:34pm. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Chair Chatelain-yes. The Board vote was 4 -Yes, 0 -No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: _ ,K Dat Accompanying Documents in Packet: Agenda, TM Report, Consent Agenda Items, Hunting Review & Policy,_Fall 2023 STM Warrant Articles, TM Goals, FYls. Select Board 10.16.2023 www.brewster-ma.gov Page 6 of 6 Signed•.. Selectp*Hfl� Clerk of the Select 'Board