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HomeMy Public PortalAbout040317fyibackup FYI ITEMS (MAIL) APRIL 3.2017 A, Email on change to resident beach parking regulations B. Letter from Outer Cape Health Services, re; selling property at 0 Main St. C. February 2017 PRIM Statement D. Copy of notice to abutters, re; work at 179 Crosby Lane (site of former tennis courts) E. Cape Light Compacts January 2017 Energy Efficiency report F. Letter of resignation from John Halvorson from Historic District Committee G. Letter from Arthur&Diane Romme,re; possible dog park location H. Copy of April 2015 letter to Town Administrator from Natural Resources Director, re; Breakwater Beach encroachment issues I, Copy of Orleans Planning Board public hearing notice, re; temporary moratorium on recreational marijuana J. Notice from Ma Office on Disability, re; ADA Improvement Grant Program K. March 7, 2017 Conservation Commission meeting minutes L. Copy of Donna Kalinick's MA Certified Public Purchasing Officer certificate 1 I j]l I 3 3 i E 1 i i E i F FYI—APRIL 3,2017 Page 1 of 1 i E9 i E'i-A Susan Broderick From: Kathy Lambert Sent: Saturday, March 18, 2017 9:55 AM To: Susan Broderick Subject: Fwd: beach parking permits Sent from my Galaxy Tab©S2 E -------- Original message -------- E From:j-ldegray@comcast.net Date: 3/18/17 9:54 AM{GMT-05:00} To: Kathy Lambert <kiambert@brewster-ma.gov> Subject: beach parking permits Dear board of Brewster Selectmen I have been a seasonal resident of Sweetwater Forest for 95 years, would like to comment on your 92-99-96 beach parking permits change. I know it's to late to change, but would just like to remind the board for future actions to keep in mind that 95% of seasonal resident of are fixed income seniors. That contribute to the community business for up to seven months of the year, and are great representatives for the town of Brewster, where ever they winter Thank You i john DeGray f i E i !I I E {E i E 3 F J 1 €� E`E E 0 U 4r., 3. Ca e Your Community Health Center s i March 17,2017 3 Board of Selectmen Town of Brewster 2198 Main Street I Brewster, MA 02631 1 Dear Members of the Board of Selectmen: Outer Cape Health Services (OCHS) purchased a parcel of land at 0 Main Street Route 6A in Brewster several years ago.This property was to be developed as another Health Center location for OCHS. At this time,we have changed direction In our strategic planning process and will concentrate our efforts on a new site in Harwichport and renovating our current site in Wellfleet.We will not be pursuing a site In Brewster. Our plans are to sell this property and we intend to list it within the next several weeks. I am writing to this Board In advance of these actions in order to keep you informed prior to this becoming public knowledge within the town. i Should you have any questions, I can be reached at 508-90S-2800 Ext.2229. Thank you for your consideration. Sincerely, Patricia A. Nadle Chief Executive Officer i 1 Harwich•269 Chatham Road • Harwich,MA•02645 Well feet 3130 Route 6• Wellfleet, MA 02667 Provincetown•49 Kemp Way•Provincetown, MA•02657 3 www.outercape.org E i .. ............ I.,I..-..—.-........... ............... -laaqr dtvzuwns erre zq�oz p9q.?vjjv s7 mn000vinoeffo;uawalv;r payujap p, 'EZtlg-9t,6(LI 9)OZ)SFPOL Inud-M)RIO saxuaS juaqO joivaS inof,4;)u4uo;)asuald'juauxa4mis inol 2ur pitgai suo4sanb Suc a,&ulq noCII ISJOILVIS :sum puna jLaHS;3ql ui 4uau4s;)AmmoS jo OnJEA 4OSS U Pu Olp L TOZ'SZ 2aiglupl jo s'V 9C'66ZL6 gl'SLI'ZZ .aAOq'V So anpA JUOM�SaAUJ Ul a2UrqZ):WK -s-asso-1/sui ao pozpog punj 1,9H t76T8L'H 09-ZZL'Lt, 19,11 g,v I :sasso-1/sur.e 0 pom r=mri punct pH Ot,'9L Ct, ZZ-9LE'81 Evav'z -auloouj TWUMSONUI JOH (90'16'0 (Lg'6Zt,*t,) (n,goz) :SQQj JUQ=21Otmw ss;a-j 9j7-1,99'-V 68'908'ZZ LL'ZE9'Z :QtUOO[q j=EU1jSOA1q SS019 :smoHoj so sanjA4=pamwmn q3nojq;a3uuqa pa aqj sluasaidai anIVA juaU3MAul ui AUCq3 ION l9'TE9'TL6`I 15-10'ILVI -.sim poxjadaqjiqjanruA psm pu taipua jnoA 00-0 00-000'9L 00,0 :013M POUZd Olp JOJ pUnj'qST3 2IR(01)UIOJg S22Mlqoxz TnoA 61-89t7'9t, 9E'66Z'L6 -mm pouad otDiqj onjUA JUQIEL4SaAUT IM OZUUq'3 inok :sem pouad aqj iqj anIvA wssu pu 2umui2,aqino)L alu(I OJL JcaA.ZRpuat-Oz) Q;16(i 01 j,"A 1183si3 49(1 OJL WOW LTOZ ISZ SAuniqal 04 LIOZ 110 f-miuqal Putti isluiL swauaa saaina-a ams la�SMUE[JO UA&OJL jolowaA4n3aX:3 'V.�D'A�Sloi.L-E)Ieeqo]Vq 'uolsog .0 60�Zo suasnLioesseVq ijeqo'lp-jaueo JaAlaOO-d pue jainsuej.L'&jeqpjoE)-9 qejoqa(] OqZ ejj.nS'jaajjS aje}S t PJeOG JUOUIOBeUBPV JUOUIJSOAUI SOAJOSO& UO.ISUOd 73; Pension Reserves Investment Management Board 84 State Street,Suite 250 Deborah B.Goldberg,Treasurer and Receiver General,Chair Boston,Massachusetts 02109 Michael G.Trotsky,CFA,Executive Director Town of Brewster Cash Investment February 01,2017 to February 28,2017 Month To Date Fiscal Year To Date Calendar Year To Date Your beginning net asset value for the period was: 0.00 0.00 0.00 Your investment income for the period was: 0.00 0.00 0.00 Your total contributions for the period were: 0.00 75,000.00 0.00 Your total redemptions for the period were: 0.00 0.00 0.00 Your total exchanges for the period were: 0.00 (75,000.00) 0.00 Your state appropriations for the period were: 0.00 0.00 0.00 Your ending net asset value for the period was: 0.00 0.00 0.00 As of February 28,2017 the net asset value of your investment in the Cash Fund was: $0.00 If you have any questions regarding your statement,please contact your Senior Client Services Officer Paul Todisco(617)946-8423. A detailed statement ofyour account is attached to this summary sheet. Pension Reserves Investment Management Board kv 84 State Street,Suite 250 Deborah B.Goldberg,Treasurer and Receiver General,Chair Boston,Massachusetts 02109 Michael G.Trotsky,CFA,Executive Director PHTF90200002 Town of Brewster Commonwealth Of Massachusetts Investment Detail SRBT-BREWSTER 02/28/2017 Investments Units Of Participation Cost Price Market Value Unrealized Gain/Loss 9,192.227 HCST OPEB MASTER TRUST 1,471,961.73 160.0952 1,471,631.51 -330.22 Total Investment: 1,471,961.73 1,471,631.51 330.22 Pension Reserves Investment Management Board 84 State Street,Suite 250 Deborah B.Goldberg,Treasurer and Receiver Genera[,Chair Boston,Massachusetts 02109 Michael G.Trotsky,CFA,Executive Director PHTF90200002 Town of Brewster Commonwealth Of Massachusetts Statement of Change In Net Assets SRBT-BREWSTER 02/28/2017 Current Period Fiscal Year Year To Date 02101/2017 02/28/2017 07/01/2016 02/28/2017 01/01/2017 02/28/2017 NET ASSETS-BEGINNING OF PERIOD 1,449,456.36 1,299,332.15 1,425,163.32 DISBURSEMENTS: CASH FUND EXCHANGES 0.00 75,000.00 0.00 RECEIPTS: CONTRIBUTIONS: PARTICIPANTS 0.00 75,000.00 0.00 INVESTMENT INCOME: UNREALIZED GAIN/LOSS-INVESTMENT 14,511.61 47,722.50 33,783.94 MASTER TRUST ALLOCATED EXPENSES -64,17 -871.68 -129.82 MASTER TRUST CHANGE IN REALIZED G/L 5,236.51 31,200.54 8,507.85 MASTER TRUST INVESTMENT INCOME 2,632.77 22,805.89 4,667.46 MT ALL INVESTMENT MANAGER FEES -141.57 -3,557.89 -361.24 UNIT EXCHANGES 0.00 75,000.00 0.00 Total Receipts 22,175.15 247,299.36 46,468.19 Total Disbursements: 0.00 75,000.00 0.00 Net Assets-End of Period: 1,471,631.51 1,471,631.51 1,471,631.51 STATEMENT EXPLANATION Below you will find a description of each item posted to your statement. CAPITAL ACCOUNT Summary of Account Activity: A summary statement produced for your investment in the State Retiree Benefits Trust Fund(SRBTF)includes both month-to- date and fiscal year-to-date information.This statement is also furnished to the Public Employee Retirement Administration Commission(PERAC). Your beginning net asset value for the period: The total balance of your investment as of the opening date of the statement period. Your change in investment value for the period: The total increase or decrease in your investment includes net investment income,realized gains or losses,and unrealized gains or losses. Your total exchanges from(to)cash fund: Movement of funds occurring on the first business day of each month between your Cash Fund and Capital Account(SRBTF). Your ending net asset value for the period: The total balance of your investment as of the closing date of the statement period. Gross investment income: Represents your allocable share of the SRBTF's income associated with securities and other investments(Le.real estate),except for realized and unrealized gains or losses.It is principally interest,dividends,real estate income,and private equity income. Management fees: Represents your allocable share of the SRBTF's expenses related to PRIM's investment advisors,consultants,custodian and operations expenses. Net investment income: Represents your allocable share of the SRBTF's gross investment income,less Management Fees. Net fund unrealized gainsllosses: Represents your allocable share of the SRBTF's increase or decrease in value,attributed to a change in value of securities or other investments held in the PRIT Fund,relative to original cost These gains or losses are`unrealized"because the investments have not yet been sold. Net fund realized gains/losses: Represents your allocable share of the SRBTF's increase or decrease in value attributed to the PRIT Fund's sale of securities or other investments(i.e_real estate property).Whether you"realize"a gain or loss depends upon the price at which the investment was sold in relation to its original purchase price. CASH FUND Your beginning net asset value for the period: The total balance of your investment as of the opening date of the statement period. Your investment income for the period: Interest earned for the period Your total contributions for the period: Sum of all funds(i.e.wires and/or checks)sent into your SRBTF account during the statement period_Cash contributed any day during the month except the first business day will remain in your Cash Fund until the first business day of the following month,when it will then be exchanged into the General Allocation Account(SRBTF). Your total redemptions for the period: Sum of all funds sent by wire from the PRIT Fund's custodian bank to your government entity during the statement period.A redemption made be made at any time throughout the month as long as your Cash Fund balance equals or exceeds the amount you wish to redeem. Your ending net asset value for the period: The total balance of your investment as of the closing date of the statement period. If you have any questions about this statement,please call your Senior Client Service Officer,Paul Todisco(617)946-8423. PENSION RESERVES INVESTMENT TRUST SUMMARY OF PLAN PERFORMANCE RATES OF RETURN(GROSS OF FEES) Periods Ending February 28,2017 Target Acncil Calendar Since NAV S(000) Allocation% Allocation% Month FY 117 YTD I Year 3 Year 5 Year 10 Year Inception GLOBAL EQUITY 29,534,105 41.9% 44.3% 2.48 13.05 5,66 22.69 4.87 8.76 4.40 5.61 CORE FIXED INCOME 7,777,208 13.0% 12.1% 1,17 -5,61 1.57 0.10 5.33 3.97 5.03 7.49 VALUF-ADDED FIXED INCOME 5,266,353 10,0% 8.2% 1.17 5.99 2.32 12.61 3.35 5,07 6.51 8.32 PRIVATE EQUITY 6,713,324 10.0% 10.4% -0.29 8.24 0,04 14.18 16.87 17.37 14.11 14.46 REALESTATE 6,440,030 10.0% 10.0% 1,04 3.77 1.59 9.81 11.45 11.51 6.47 6.58 TIMBERLAND 2,420,204 4.0% 3,8% 0,09 4.47 0.44 7.23 5.80 6.80 6.96 9,07 KEDGE FUNDS(NET OF FEES) 5,570,891 10.0% 8.7% 1.16 7.98 2.25 9.48 2.69 5.54 3.23 4,54 PORTFOLIO COMPLETION STRATEGIES 734,344 1.1% 1.1% 1.15 -1.68 1,72 0.31 0.66 OVERLAY 668,310 0.0% 1,0% 1.07 3.76 2.49 10.06 4.04 4,97 TOTAL CORE 64,384,057 100% 100% 1.54 7.455 3.28 14.37 6.47 8155 5.27 9.37 INTEREd BENCHMARK(target allocation without private equity benchmark) f 1.54 7.53 3.03 15.16 5.80 7.68 5.19 9.84 TOTAL CORE BENCHMARK(target allocution with prrvafe equity benchmark) ' 1.70 7,76 3.29 15.45 5.50 7.11 4.92 9.75 PARTICIPANTS CASH 9,670 0.07 0.48 0.14 0.65 0.33 0.26 0,87 3.83 TEACHERS'AND EMPLOYEES'CASH 31,578 0.07 0,48 0,14 0.64 0.33 0.26 0.61 2.60 TOTAL FUND 64,425,304 1.53 7.43 3.27 14.31 6.45 852 5.25 9.42 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands Massachusetts Wetlands Protection Act(M.G.L. C.131 S.40) Brewster Conservation Commission Brewster Wetlands Protection Bylaw Chapter 172 Notice to Abutters i f Date: 3/16/2017 To:Abutters of property located at: 179 Crosby Lane(Site of the Former Tennis Courts) Assessors'Map 115 Parcel 6 From: John O'Reilly, P.E., P.L.S. (JM O'Reilly&Associates, Inc.) Applicant Owner of Property. Town of Brewster In accordance with the requirements of G.L c. 131, §40, Massachusetts Wetlands Protection Act and Section 5, the Town of Brewster Wetlands Protection By law, this is notification to you that a filing has been submitted to the Brewster Conservation Commission on behalf of the applicant for a proposed project at the above captioned location. The Project Includes the following: The project includes the clearing of vegetation within the former tennis court area, The patching of the existing pavement,as a result of the root removal and the delineation of the parking stalls. All work and activity,within the Buffer zone,is proposed on the former paved tennis courts j I The proposed work will occur within 54 feet of: j hifand Wetlands NO WORK IS PROPOSED WITHIN THE 50 FOOT I Coastal Wetlands BUFFER ZONE E The project will occur within an Inland Wetland. The project will occur within a Coastal Wetland. The information and plans for the project may be reviewed between 8:30 AM and 4:00 PM at the Conservation Department, Brewster Town Offices, 2198 Main Street. A public hearing will be held 1 Tuesday, April 4 20_.1L, at the Brewster Town Offices. Hearings begin at 7:00 PM, The hearing notice will be publicized In the Cape Codder Newspaper no less than five(5)days prior to the hearing. If you have any questions, please call the Brewster Conservation Department at 896,3701,extension 135, between the hours of 8:30 AM and 4:00 PM. i Sincerely, e Renresentative far Agolicant Brewster Wetlands Protection]By-atv Notim to Abudess 1 f i Cape Light "° Cape Light Compact Compact P.O. Box 427, Barnstable, MA 02630 Energy Efficiency 1.800.797.6699 1 Power Supply 1.800.381.9192 Fax: 774.330.3018 1 capelightcompact.org April 4, 2016 P t1rirllf.,i ` Mr. Michael Embury Town Administrator 2198 Main Street Brewster,MA 02631 Dear Mr. Embury, Attached for your information and dissemination to your Board of Selectmen/Town Council is the Cape Light Compact's monthly Energy Efficiency Report. The Report reflects the program activity for all of Cape Cod&Martha's Vineyard and breaks out the detail on a town-by-town basis. Below is a summary of the activity in your town for the month of December 2016. To view each of your monthly reports,please visit our website at www.capeliRhtcomPact.orR and click on Reports. • 154 residents and/or businesses in Brewster participated in the program. • $124,446 in incentive dollars were distributed to the 154 participants. + 169,675 kWh were saved through implementation of these energy efficiency measures. If you have any questions on the attached report,please contact me at(508) 375-6636. Sincerely, Margaret T, Downe Administrator Enclosure cc: Colin Odell Working Together Toward A .Smarter Energy Future Fi Aquinnah I Barnstable I Barnstable County I Bourne I Brewster I Chatham I Chilmark i Dennis I Dukes County I Eastham I Edgartown I Falmouth Harwich I Mashpee 1 Oak Bluffs f Orleans i Provincetown I Sandwich l Tisbury I Truro I Wellfleet I West Tisbury I Yarmouth Energy Efficiency Program Activity by Town 3191178:47 Page 1 of 1 Town Name: BREWSTER Program Period: 2017 Current Dates: 1/1/2017-1/31/2017 Cumulative Dates: 1/1/2017-1/3112017 Residential N +nr,CorsstrucEian 0.00 $0.000 0.00 $0.00 0 $0.00 0.00% Residelnt><aNer�r.C l ... .. .. . .... .... ......... .......� ------__.__..____..__. onstrucion(Low-; 0,00$ 0.00 0 0.00 $0.00 0 $0.00 0,00% Income Reside.ntiah"Mu1ti�Fainily;Retro"fit.. 0.00 $0.00 0 0.00 $0.00 0 $0.00 0,00%. Resider a[:Hb e;EnergyServices,7 1,932.00 $9,000.00 12 1,932.00 $9,000.00 12 $524,473.72 1.72% - ._._--._,__ ----------- �tesisientaahHriEnergy 5erv`jces-RCS", 0.00 $0.00 0 0.00 $0.00 0 $67,102.31 0.00% Residential Betsayior/Feedback Ptagram 0.00 $0.00 0 0.00 $0.00 0. $0.00 0.00% Residential.}ieatrn Br,C , g ooltng;Equlprnent; 2,272.00 $1,838.00 1 2,272,.00 $1,838.00 1 $0.00 0.00% _.._.___.____-_._. _.___._._._.- -___.----------- ___,.__..- ._. _--_.------ .--___ ____.._-_- _.-- --._.____-_.-._ Resitientaal r=tssrsirmer Products 4,647.00 $2,685.00 3 4,647.00 $2,685.00 3 $0,00 0.00% Re"sidential.Layhtiiig'. - 0.00 $0.00 0 0.00 $0.00 0 $0.00 0.000/0 Residential H 1lT Loan 0.00 $6,092.07 3 0.00 $6,092.07 3 $0.00 0.00% x � A M SIE Low-Income-Single:Fattiilq.[tettofi 0.00 $0.00 0 0.00 $0.00 0 $146,221.08 0.00% L �±r?Incoirme N6u( -Family:'Retro tit. 0.00 $0.00 0 0,00 $0.00 0 $0,00 "NEVIOit A11119=01, c« wo ..- ....._....-...,_- __._.._..._ ____... __._a?��.,,_., .w__,.. rP; x ?-k`-, �_�Y�,4r s sa._:...- � ...�'. �.a, ?�__z;;3�au•y€1�;. CireZ Rleint Builriir<gs,$i Major Renovations. . 0.00 $207.00 1 0.00 $207.00 1 $0.00: 0.00% CSd New`Biirlchngs Fc Major,Renoriations- 0.00 $0.00 0 0.00 $0.00 0 $0.00 0.00% JUnIcipa C&I Imtiai.Purchase'&'Enoof, Useful Life 0.00 $0.00. 0 0,00 $0.00 0 $0.00 -- --�- 0.00% �iI Existeng Building Retrofit LARGE D.00 $0.00 0 0.00 $0.00 0 $0.00 0.000/0 t:&Y Existirig Building Retrofit MEBZEIM ___.____ --0.00 $0.00- _-_0 OAO 0.00-.-- ------ O,__._..._'157,402.95 C d,Ei[IStitig 15411din"Rearo it-,Mln kipall 0.00 $2,400.00 4 0.00' $2,400.00 4 $0.00 C&I Small zSusiness: 0.00 $0.00 0 0.00 $0.0(1 0 $137,382.94. OAO% C&Z;Meiltifamrly Retrofit 0.00 $0.00 0 0100 $0.00 0 $0.00 0.00% C&ZMUfIk�[fa1R111y=�N1Cli1[cipal ;;? .:,;' 0.00 $0.00 0 0.00 $0.00 0 $0.00 0.000/0 c I.1€ stream u ti ri ,, < .` 0.00 $0.00 0 0.00 $0.00 0 $0.00 0.00% Z � •4. :tit•.eY.:dk.r�,�4�� x Vs4•. ,..�" 4 y.;a-€�`L.ivr,f� J.� � .S,.udu.:A ,%ta[hel � e y;. �': *Costs include those costs that has been recorded through this period and are not necessarily representative of all activity through this month **All information presented is preliminary and subject to change. I i John Halvorson j PO Box 358 2026]Main Street Brewster,MA 02631 March 20, 2017 Michelle Tero,Secretary Larry Houghton, Chairman Brewster Historic District Go mnisaien CL: c- Town of Brewster,MA 02631 Dear Michelle,Larry and Fellow Committee Members, I would like you all to know how much I've enjoyed serving for many years as chairman,and most recently as simply the"builder"position on our local committee. I am proud of my service to the Town of Brewster and to the Regional Dings Highway Commission. I feel it is important to give opportunity for others to serve as I have done. Therefore,today I resign my appointment to the Historic District Committee. I wish you all well in upholding the guidelines of the Commission. Sincerely, Jo alvorson i 1 I 3 d f Susan Broderick From: ARomme <aromme02530gmail.com> Sent: Monday, March 20, 2017 9:54 AM To: Susan Broderick;James Foley;John Dickson; Peter Norton; Cynthia Bingham; David Whitney Subject: proposed dog park location Dear Board of Selectman, i On March b, 2017 the chairperson of the Brewster Dog Park committee discussed the possibility of a fenced in area off route 124 behind the Brewster Police Station as a location for a proposed dog park. The Brewster Board of Health states the water source for the private wells on Captain Perry road and Proprietors Cartway comes from the aquifer located on this site. These roads are private dirt right of ways that are not on town water. Since 2012 we have been advising the Board of Selectmen of our concerns from the excess ammonia in dog urine and the numerous known bacteria and parasites found in dog feces. Documented studies place dog feces as high as 3rd on a list of contributors to contaminated water. Massachusetts Department of Environmental Protection regulations prohibit dog parks near wetlands and public watersheds. We ask that the Board of Selectmen prohibit any consideration of a dog park on the town parcel off route 124 in this area and ensure that the private well users are protected with the same levels as our public water supply. This board's commitment toward preventing Eversource herbicide spraying on the utilities lines in town is admirable as these utility lines run through Captain Perry road. The prospect of another pollutant to our sole source of water is terrifying, reading news stories of Eastham's tainted private wells due to the pollution from the town's landfill, Hyannis's pollution problems from the county fire academy and upper Cape water contamination from Otis air base give cause for our fears. We ask for your consideration in this request to provide protection to our water supply and protection for our sole source aquifer. j Respectfully Arthur and Diane Romme 100 Proprietors Cartway Brewster, MA l i I i I a\\u�lu�i4n 9419u1u1uu�a�� Wo, �i' Town of Brewster Department of Natural Resources 4 t s o a D 2198 Main Street a p Brewster,Massachusetts 02631-1898 (508) 896-3701 /�//1y111!!{111911 ti144i1111111\\\\\ i I I April 9, 2015 �. To: Charlie Sumner Town Administrator From: Chris Miller, Director of Natural Resources Re: Breakwater Beach encroachment issues F r Charlie: As part of the survey work for the proposed Breakwater resiliency project,we surveyed the eastern property boundary. Several of the neighboring properties have extended their landscaped yards onto the town property. The Conservation Commission Order of Conditions for the project requires us to contact these property owners to address the issues. I have included some images showing the encroachment below. I believe our best approach is to issue a letter to each property owner identifying the issues, and requesting that they remove any lawn or landscaping from the town property and revegetate the area with native plants. Jim in Conservation would be available to provide suggestions from our native species list. I would also suggest we require some marker(low fence,row of stones, etc.)to identify the property border and keep landscapers etc. from again expanding the lawns or dumping yard waste onto the town property. I do not think we need to pursue enforcement actions at this time or require detailed restoration plans. At the northern end there are trails into and down the active dunes from two parcels. I would like to stop use of these trails and revegetate these areas, and require a split rail fence at the property border with each parcel to discourage future paths. As the property is under the care and custody of the Selectmen,I need their authorization to proceed. I would suggest that the best time to plant new vegetation is in the fall, so we could ask that these neighbors have the encroachments remedied by November 15,2015, i i i l : I i i MAP 58 LOT 44 115 THE TIDES COURT NIF LAPIDUS PATH CA MAP 58 LOT 43 105 THE TIDES COURT NIF MAUGEL MAP 58 LOT 41 61 THE TIDES COURT NF CHRISTIE MAP 58 LOT 40 55 THE TIDES COURT O NIF JONES 111 50 FEET D o (not reproduced to scale) 22 PUBLIC HEARING NOTICE Town of Orleans Planning Board Pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section.5, the Orleans Planning Board will hold a public hearing on.April 25,2017 at 7:00 PM in the Nauset Room, Orleans Town Hall, 19 School Road,"Orleans,MA. The purpose of the hearing is to accept public comments on the following proposed amendments to the Zoning By-laws. All proposed text may be inspected at the Orleans Town Clerk's Office or the Orleans Planning Department at the above address,Monday through Friday between. 8:30 AM and 4:30 PM. Article X: Amend ZoninLy Bvlaw to add Temvorary Moratorium. i To see if the Town will vote to amend the Town's Zoning Bylaw by adding a new Section 164- i 40.4,""Temporary Moratorium on Recreational Marijuana Establishments and Marijuana Retailers"that would provide as follows, and further to amend the Table of Contents to add Section 164-40.4: Section 164•-40.4. Temporary Moratorium on Recreational Marijuana Establishments and Marijuana Retailers §1. Purpose. By vote at the State election on November 8; 2016, the voters of the Commonwealth approved a law regulating the cultivation; distribution,possession and use of marijuana for recreational purposes. The law provides that it is effective on December 15,2016 and the Cannabis Control Commission is required to issue regulations regarding implementation by September 15,2017. Chapter 351 of the Acts of 2016, approved by the Governor on December-30, 2016 and effective immediately as an emergency law, extends the time period for the issuance of the regulations by six months to March 15,2018. (See Section 11 of Chapter 351 of the Acts of 2016.) Currently Under the Zoning Bylaw, Recreational Marijuana Establishments and Marijuana Retailers are not permitted uses in the Town and any regulations promulgated by the Cannabis Control Commission are expected to provide guidance to the Town in regulating Recreational Marijuana Establishments and Marijuana Retailers. The regulation of Recreational Marijuana Establishments and Marijuana Retailers raise novel J J and complex legal,planning, and public safety issues and the Town needs time to study and consider the regulation of Recreational Marijuana Establishments and Marijuana Retailers and address such novel and complex issues, as well as to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments and Marijuana Retailers and other uses related to the regulation of recreational marijuana. The"Town intends to adopt a temporary moratorium on,the use of land and structures in the Town for Recreational Marijuana Establishments and Marijuana Retailers so as to allow the Town sufficient time to engage in a planning process to address the effects of such structures and uses in the Town and to adopt provisions of the Zoning Bylaw in a manner consistent with sound land use planning goals and objectives. i... .'. i the impact and operation of Recreational Marijuana Establishments and Marijuana Retailers and related uses. §4 Severability. The provisions of this Bylaw are severable. In the event that any provision,paragraph, sentence, or clause of this Bylaw is hereafter judicially found to be invalid, such decision, invalidity or voidance shall not affect the validity of the remaining portion of this Bylaw. or to take any other action relative thereto. (Board of Selectmen) I i i 3 jj 1 . r i } 7 d 3 Massachusetts Office on Disability One Ashburton Place, Room 1305 Boston, MA 02108 Charles D. Baker,Governor 617-727-7440 TTY Karyn E. Polito, Lt. Governor 800-322-2020 TTY David D'Arcangelo, Director 617 727-0965 FAX March 16, 2017 R � Michael Embury Town Administrator Town Hall ' 2198 Main St. Brewster MA 02631 Dear Prospective Applicant: The Massachusetts Office on Disability (MOD) is pleased to announce the Municipal Americans with Disabilities Act (ADA) Improvement Grant Program application and selection process. Eligible applicants include any Massachusetts city, town, special purpose district and/or regional governmental organization (hereinafter referred to as"Applicants"). Grants will support capital improvements specifically dedicated to improving programmatic access and/or removing barriers encountered by persons with disabilities in facilities throughout the Commonwealth. Grants of up to$250,000 will be awarded to successful Applicants to remove barriers and create and improve accessible features and programmatic access for persons with disabilities throughout the Commonwealth. Examples include but are not limited to increasing both physical access and programmatic access i through the addition of features such as: ramps, elevators, power lifts and Limited Use/Limited Application (LULAs), signage, communication access devices, curb cuts and/or any other features that are designed to improve architectural access and/or programmatic access. Grants will be awarded on a competitive basis to projects that demonstrate real and tangible positive impacts to persons with disabilities. Municipalities that have signed, or are willing to sign, a Community Compact (CC) will be provided priority for grant funding and additionally communities that have selected the "Public Accessibility Best Practice" option will also be provided priority for grant funding. Every City or Town in the Commonwealth is eligible to apply. Planning Grants will also be available for applicants that have not yet met the Administrative Requirements set forth in Title II of the ADA and do not have Self-Evaluation or Transition Plans. i Application Process and Deadlines; Year 1 Application period is March 20, 2017 through June 30, j 2017. All Year 1, FY17 grants must be submitted in hard-copy. For grant related instructions and documents please visit our website at www,mass.gov/mod/adagrant. Additionally, we will be conducting a grant j overview meeting, scheduled for April 28, 2017 from 10am-11am , 1 Ashburton Place, Room 1306 Boston, at which we will provide technical assistance and answer questions regarding the grant program. b 3 Thank you for your interest in improving access for persons with disabilities. We look forward to working with you. Sincerel j David D`Arcangelo Director i 3 i Brewster Conservation Commission Minutes— Meeting Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act Massachusetts General Law Chapter 939, Section 40, Wetlands Protection Act(WPA), 310 CMR 10.00 Regulations Massachusetts Department of Environmental Protection (MA DEP) (M.G.L. C.131. § 40) And Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw) Wetland Regulations 1.01 —9.15 Call to Order Vice Chairman Hayley Winfield convened the Tuesday, March 7, 2097 meeting of the Brewster Conservation Commission at 7:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Vice Chairman Hayley Winfield, Commissioners Bruce Evans, William Klein, Nicole Smith, Conservation Administrator Noelle Bramer, Natural Resources Director Chris Miller, Department Assistant Carol Spade i Not Present Chairman Michael Tobin, Commissioner Peter Wells Vice Chairman Winfield read the following into the record: "As required by the Massachusetts Open Meeting Law,the Conservation Commission is informing the public that this meeting will be audio and video* recorded. Anyone else intending to record is required to inform the Chairman prior to the meeting." Public Hearings Request for Determinations of Applicability Thomas Monaghan requests determinations as to whether the work—construction of a retaining wall, and the area-are subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 82 Turning Mill Road, Assessors' Map 33, Parcel 29 (formerly 3616-7). Summary of Applicant Testimony Thomas Monaghan attended. He submitted a photo*of the project area showing its uneven i terrain, which he believed would help illustrate the need for the proposed retaining wall. He then further described the resource area and the project as contained in the Request for Determination and plan*. Summary of Staff/Conservation Commission Comments The Commission requested that should the project require removal of a tree, it be re placed with an appropriate inland tree or shrub from the Conservation Commission Approved planting List: i Cape Cod Cooperative Extension Service (www.capecodex tension.org), of native Conservation Commission Approved plantings. Summary of Public Comments The public had no comment. 3 Bruce Evans moved, William Klein seconded the motion to close the public hearing and issue determinations, as shown: Negative Determination 3 Brewster Conservation Commission Minutes March 7, 2017 1 i i 1 I E 3. The work described in the Request is within the Buffer zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). 6. The area and/or work described in the Request is not subject to review and approval by Town of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw. The Commission unanimously approved the motion. *List of documents submitted for the Request for Determination and discussed at this hearing = 1. Site Plan J. M. O'Reilly...PE and Surveying Services...82 Turning Mill Road As- Built 2110117 2. Photo of project area submitted 317117 at hearing Notices of Intent (Continued Hearing) Annmarle D. Galli requests a variance from the Brewster Wetlands Protection Bylaw to construct an approximate 28 foot long,4 foot wide seasonal dock connected to an existing 12+foot long ramp, in the waters of Long Pond. Property is on 323 Hamilton Cartway, Assessors' Map 81, Parcel 2 (formerly 47183-3). Eligible voters: Evans, Klein, Tobin, Wells, Winfield Hearing opened January 3, 2017 (testimony taken) continued to January 17 (no testimony), February 7, (testimony taken). Due to an unavailable voting quorum, the project proponent submitted a written request to continue the above referenced hearing to March 21, 2017. Bruce Evans moved, Nicole Smith seconded the motion to continue the hearing to March 21, 2017. The Commission approved the motion unanimously. (Continued Hearing) Ming and Jennie Lee propose to demolish an existing cottage and construct a new dwelling and garage. The activity, including tree, shrub and other vegetation removal and planting with native plants, is proposed to be in and within 50 feet of coastal resource areas (variance from the Brewster Wetlands Protection Bylaw). On 336 Robbins Hill Road, Assessors' Map 38, Parcel 77 (formerly 213). Eligible voters: Evans, Klein, Smith,Tobin,Wells, Winfield Hearing opened November 22, 2016 (no testimony taken), December 6 (testimony taken),January 17, 2017 (testimony,. taken), February 7, (testimony taken). The Conservation Commission continued the hearing of February 7, 2017 to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions. 1 Summary of Applicant Testimony Matt Farrell, J. M. O'Reilly, Inc. and Nick Crawford, Crawford Land Management, represented the applicants. Applicants Ming and Jennie Lee and James Hagerty, Reef Builders were among attendees. Following review of findings and special conditions under the WPA and BWP By-law, Bruce Evans moved, Nicole Smith seconded the motion to close the hearing, approve the project with 1 findings and special conditions as drafted, and issue an Order of Conditions. The Commission unanimously approved the motion. Eligible voters: Bruce Evans, William Klein, Nicole Smith, Hayley Winfield(4-0) (Continued Hearing) Ming and Jennie Lee request to nourish with on-site sand, construct staked double layer blankets of coir(experimental in Cape Cod Bay) and plant native vegetation, and construct a sand drift fence in coastal resource areas (variance from the Brewster Wetlands Protection Bylaw). On 336 Robbins Hill Road, Assessors' Map 38, Parcel 77 (formerly 213). ' Eligible voters: Evans, Klein, Smith, Tobin,Wells, Winfield Hearing opened November 22, 2016 (no testimony taken), December 6 (testimony taken),January 17, 2017 (testimony taken), February 7, (testimony taken). i 1 i Brewster Conservation Commission Minutes March 7, 2017 2 3 The Conservation Commission continued the hearing of February 7, 2017 to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions. Matt Farrell, J. M. O'Reilly, Inc. and Nick Crawford, Crawford Land Management, represented the applicants. Applicants Ming and Jennie Lee and James Hagerty, Reef Builders were among attendees. The Conservation Administrator stressed that special conditions shall include a condition with specifics as follows: A detailed monitoring report written by a Professional Engineer, shall be submitted to the Conservation Commission prior to May 15, annually, outlining the condition of the shoreline protection measures, beach system and site conditions. The monitoring report shall include a detailed summary of any maintenance activities and beach nourishment activities. The monitoring report shall also document any supplemental vegetation. 3 i The representatives agreed to this condition. Fallowing review of said findings and special conditions under the WPA and BWP By-law, Nicole Smith moved, Bruce Evans seconded the motion to close the hearing, approve the project with findings and special conditions drafted as discussed, and issue an Order of Conditions. The Commission unanimously approved the motion. Eligible voters: Bruce Evans, William Klein, Nicole Smith, Hayley Winfield(4-0) I (Continued Hearing) Michael Tusick proposes (variance from the Brewster Wetlands Protection Bylaw)to install a septic system meeting Title V of the State Sanitary Code and remove and abandon an existing cesspool within 50 feet of inland resources. Property is on 49 Swift Lane, Assessors' Map 69, Parcel 101 (formerly 5/23). Eligible voters: Evans, Klein, Smith, Winfield Hearing opened February 21, 2017 (testimony taken) The Conservation Commission continued the hearing of February 21, 2017 to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions. Jason Ellis, J. C. Ellis Design, submitted a statement in writing to the Commission that as representative for the owner, the applicant accepts the proposed findings and special conditions of the Conservation Commission for this project under the WPA and BWP By-law. Following review of findings and special conditions under the WPA and BWP By-law, Nicole Smith moved, William Klein seconded the motion to close the hearing, approve the project with findings and special conditions as drafted, and issue an Order of Conditions, The Commission unanimously approved the motion. Eligible voters: Bruce Evans, William Klein, Nicole Smith, Hayley Winfield(4-0) i *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. J. C. Ellis Design Septic System Upgrade Plan 49 Swift Lane rev. 312117 Ocean Edge Resort LTD Partnership requests to amend Order of Conditions SE 9-1701 to apply beach nourishment on coastal resource areas and relocate landward a sand drift fence and beach access ramp - off 2907 Main Street, Assessors Map 90, Parcel 160 and i others (formerly 1411-49 and others) Due to an unavailable voting quorum, the project proponent submitted a written request to continue the above referenced hearing to March 21, 2017, William Klein moved, Nicole Smith seconded the motion to continue the hearing to March 21, 2017, Bruce Evans abstained. The Commission approved the motion. New Venture Holdings proposes to construct an office building, parking area and paved access drive, install underground utilities and create rain gardens to accommodate stormwater runoff. Work will occur within 100 feet of inland wetlands. Property is on 0 Underpass Road, Assessors' Map 78, Parcel 117 (formerly 151156). E Brewster Conservation Commission Minutes March 7, 2017 3 l i E Due to an unavailable voting quorum, the project proponent submitted a written request to continue the above referenced hearing to March 21, 2017. Bruce Evans moved, William Klein seconded the motion to continue the hearing to March 21, 2017. Nicole Smith abstained. The Commission approved the motion. Citizens' Forum The public had no comment at this time. Report of the Natural Resources Director The Natural Resources Director again stressed*that all town landings have approved open permitting for replacing sand and/or erosion control fencing, as the result of recent storms. The Town staff added sand at Paine's Creek Landing, and are continuing; moving east. Staff are also removing many downed tree/tree limbs in town owned areas The town hopes to commence work on two Orders of Conditions at Ellis Town Landing to replace or improve drainage, etc., in April of 2017. *Document discussed: 1. Conservation Commission minutes, February 21, 2017 7 Report of the Conservation Administrator I. MA Association of Conservation Commissioners (MACC)Annual Conference— The Conservation Administrator reported she and Vice Chairman Winfield attended the annual MACC Conference on March 4, 2017. i The Conservation Administrator and Ms. Winfield stressed that it was a very fine experience. Each attended three interesting educational workshops important to Commissioners and Agents. Ms. Bramer explained that Conservation Commissions may now view videos of the workshops held at the conference, via computer. She will forward the link to that website to Commissioners, and encouraged them to view workshops. Requests for Extension to Order of Condition 1. Order of Conditions SE 9-1616, Beechwood Landing Association, Beach at Landing Drive, 8211, (48179-1) Fallowing the recommendation of the Conservation Administrator, Nicole Smith moved, William Klein seconded the motion to approve the above referenced request for an extension, under the MA ACT and BWP Bylaw for one year. The Commission unanimously approved the motion. E Requests for Administrative Review I 1. Ocean Edge 11 Association, Ocean Edge Drive, 901154 (1411), dwelling roof repair The Commission did not act on the above due to an unavailable quorum. Review and Approval of Minutes 1. February 21, 2017 .f Having reviewed the above referenced minutes, Bruce Evans moved, Nicole Smith seconded the motion to approve them as revised. The Commission unanimously approved the motion. i Any Topics not reasonably anticipated by the Conservation Commission Chairman I. Winstead Road, Assessors' Map Known as 61 and 62, etc., Parcels 38 to 60 (formerly Assessors' Map 40 and 49, Parcels 67 and 8)Winstead Road Assessors' Map 49, Pond Oaks LLC, Bank of New England E 7 i E Brewster Conservation Commission Minutes March 7, 2017 4 i Re: Letter dated February 21, 2017 from Richard Judd, Chairman, Brewster Planning Board - Proposed Special Permit MRS2004-23 granted in accordance with Brewster Zoning By-law§179-35.2 Modification of Major Residential Development, to resolve outstanding roadway improvements and amend conditions of the permit The Conservation Administrator explained the above referenced Petition for a Special Permit Modification, and requested the Conservation Commission determine whether to support the Planning Board's decision to remove some outstanding conditions of the Special Permit from the authority of the Planning Board, as described in Mr. Judd's letter. The Conservation Commission has an outstanding Order of Conditions for the subdivision road, Order of Conditions SE 9-1272. The requirements for planting and otherwise protecting wetland resource areas from impacts of the subdivision roadway construction, etc. described in Mr. Judd's letter, are those also required in Order of Conditions SE 9-1272 and the authority of the Conservation Commission under wetland laws. Therefore, the Commission consensually supported the Planning Board's decision not to duplicate that authority. E Document signatures At 7:20 PM, Nicole Smith moved, Bruce Evans seconded the motion to adjourn the meeting. The i Commission unanimously approved the motion. The meeting adjourned at 7:20 PM. Carol Spade *Note: The words, "wetland"and"resource area"are synonymous. The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetiand. As the municipal focal point for environmental protection, Conservation Commissions were given the responsibility in 1972 for administering the ACT. Since that time the Commissions have served In a regulatory as well as a conservation capacity. In 1979, Lovequist v. Conservation Commission of Town of Dennis,the Supreme Judicial Court { upheld that by-laws are not in conflict with the Wetlands Protection Act,so long as they impose f stricter standards on projects affecting wetlands and other resource areas. Among the list of documents*for this meeting is the following: 1. Conservation Commission Approved Planting List. Cape Cod Cooperative Extension Service (www.capecodextension.org), list of native woody plants for coastal/inland wetland buffer zones depicting the species, size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources...Invasive Plants in Massachusetts1/1/05 3. Administrative Report of the Conservation Administrator 4. 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