The URL can be used to link to this page

Home My Public Portal About111014fyibackup FYI ITEMS (MAIL) NOVEMBER 10,2014 A. Memo from Cape Cod Tech, re; meeting on possibility of MSBA grant. B. Decision from Attorney General's office on article 31 from the May 5, 2014 Town Meeting. FYI—November 10, 2014 Page 1 of 1 *A RoNol P.5mnhom,III CAPE E C O 1J TECH H Phone: Oft X3.74500 S1rwri1lre+xle111-pflwror Cape Cod Regional Technical High School Fm%: (30)432-7916 Pain Orcun Hotness:Ichnrrnlsl Z40), 351 Pleasant Lake Avenue, Harwich, MA 02645 rr"111I: b3a11b0111@CgPV1ed1,U_V October 27, 2014 Mr. Charles Sumner 2198 Main Street Brewster, MA 02631 Mr. Charles Sumner, Capc Cod Tcch ha beer, pursuing n Massachusetts School Building Authority IMSBA) project within their"core" program for the purpose of a major renovation or a new school. The district has submitted a total of five (5) Statements of Interest(501)to the MSBA since 2010. For nearly two years, my business manager, Erin Orcutt and I have been highlighting our facility needs and our pursuit of an MSBA project in order to share the financial costs with the state for our sending districts. During the last town meeting season, we secured the right to establish a stabilization fund for the purpose of financing the initial costs associated with a future MSBA project. Our most recent 501 submission was in January 2014. This month we were notified that our school was designated for an MSBA "senior study" which entailed a tour of our facility and interviews with key staff to verify the contents of our 501. On Tuesday October 21, 2014,the MSBA conducted the "senior study" of our school, At the meeting, we were informed that out of one hundred and eight Sill's submitted,Cape Cod Tech was one of twenty-five (25)schools designated for a "senior study". From the twenty-five (25), a substantial percentage of districts will be recommended to move forward with an invitation into the MSBA eligibility period. We expect to be notified before the end of 2014 if we will be offered an invitation. Needless to say, the likelihood of a project here at our school has increased significantly and the need to fund our stabilization fund has increased as well. The initial costs will include an MSBA feasibility study and schematic design. It is these two phases in the MSBA process that ascertain the scope, schedule and budget for a potential project. I am inviting you to a breakfast meeting to discuss this matter here at the school on November 19tt' at 8:34 AM in our"Hidden Cove" restaurant. Please RSVP to my office at 508-432-4500 x 214 at your earliest convenience. Thank you- Respectfully, ou. Respectf/u�lyl lley, Robert P. Sanborn, III Superintendent/Director Barnstable • Bre4vster - ChLiiham • Dennis • Eastham • Harwich • Mashpee - Orleans • Provineetown • Truro • Welltleet • Yarmouth SI .\ THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DIVISION 10MECHANIC STREET, SUITE 301 s,8 WORCESTER,MA 01608 1\4AR'r11A C,OAKLEY Arl`ORNkY GENERAL (508)792-7600 (508)795-1991 fax ww'w.niass,�,,ov/a4o November 6, 2014 Colette M. Williams, Town Clerk Town of Brewster 2198 Main Street Brewster, MA 02631 SUPPLEMENTAL DECISION' Re: Brewster Annual Town Meeting of May 5,2014 ------ Case#7120 Warrant Articles#21,22, 24, 30, 31, and 34 (Zoning) Warrant Article#25 (General) Dear Ms. Williams: Article 31 - As more fully explained below, we disapprove and delete Article 31 (and the related map) from the May 5, 2014 Annual Town Meeting.2 Article 31 would have amended the Town's zoning by-laws by rezoning certain parcels of land from the Village Business District to the Commercial High Density District. The Planning Board Hearing notice for Article 31 was not posted or published as required by G.L. c 40A, § 5. General Laws Chapter 40A, Section 5, provides in part as follows (with emphasis added): Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the . . . town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the . . . town hall for a period of not less than fourteen days before the day of said hearing. ' This letter explains in more detail the Plarming Board Hearing process that occurred for Article 31 and supplements our decision dated November 5,2014. 2 In a decision dated June 19, 2014, we approved Articles 21, 22, 24, 25 and 34, and the map related to Article 24 and in a decision dated September 18,2014, we approved Article 30. The notice that was posted and published pursuant to G.L. c. 40A, § 5, referred to a March 26, 2014, hearing date. According to Town Officials, the March 26, 2014, meeting was cancelled due to weather and was later rescheduled to March 31, 2014. However, the only notice given for the March 31, 2014, hearing was the notice required under G.L. c. 30A, §§ 18-25 (the "Open Meeting Law"). There was not a 14-day notice of the March 31, 2014, hearing as required by G.L. c. 40A, § 5. On June 19, 2014, the Attorney General elected to proceed under the provisions of Chapter 299 of the Acts of 2000 (which amended G.L. c. 40, § 32). This provision allows the Attorney General to direct the Town Clerk to post and publish a notice of the defect and allows for objection or claims to be filed regarding the procedural defect. On July 21, 2014, the Town Clerk certified that the notice of defect was posted and published in accordance with the provisions of Chapter 299. The Town Clerk received letters from 20 people in response to the Chapter 299 posting and publishing process. These letters have been provided to us. All of the letters received by the Town Clerk include statements explaining why the notice defect regarding Article 31 was misleading or otherwise prejudicial. For example, a number of the letter writers assert that the Planning Board hearing notice was not widely circulated as is required and "we did not have an opportunity to attend the hearing to voice our opposition. Therefore, we regard the lack of notice to be prejudicial[.]" In light of the statements in these letters regarding the prejudicial impact of the notice defect, we have determined that each of the documents qualifies as a valid Chapter 299 objection or claim regarding Article 31. Chapter 299 dictates that the Attorney General may not waive the notice defect if any valid claims are received. As amended, G.L. c. 40, § 32, provides in pertinent part as follows (with emphasis added): If no claim was made,the attorney general may waive any such defect;but, if any claim is made then the attorney general may not waive any such defect. Under the provisions of Chapter 299, the filing of a valid claim removes the Attorney General's discretion to waive the defect. For this reason we must disapprove and delete Article 31. We recommend that the Town consult with Town Counsel regarding the steps the Town should take to resolve this issue at a future Town Meeting.' ' We also received correspondence from one resident urging this Office to approve the Article despite the Chapter 299 claim letters because the letters contain "many falsehoods." We have carefully reviewed the information set forth in this letter. However, it does not furnish any basis for us to approve Article 31 because, once a Chapter 299 claim letter is, received the Attorney General has no discretion to waive the defect and approve the Article. See G.L. c. 40, § 32,as amended by Chapter 299 of the Acts of 2000. 2 Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by-laws and amendments take effect on the date that these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the date they were voted by Town Meeting,unless a later effective date is prescribed in the by-law. Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL Kelli E. Gunagan,Assistant Attorney General Municipal Law Unit Office of the Attorney General Ten Mechanic Street, Suite 301 Worcester, MA 01608 508-792-7600 cc: Town Counsel Sarah A. Turano-Flores 3