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HomeMy Public PortalAboutCommunity Preservation Committee -- 2015-08-12 Minutes APPROVED: 9/9/15 VOTE: 6-0-0 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 n a, FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE . Held a Regular Meeting On Wednesday,August 12, 2015 at 4:30 p.m. At The Brewster Town Office Building, 2198 Main Street, Brewster, MA MEETING MINUTES OF AUGUST 12. 2015 "T1s required by the Open Afeeting Lax we are informing you that the Town will be audio taping this public meeting. It? addition, if anyone else intends to either video or audio tape this uteeting they are required to it?forrn the chair" We request that all cell phones be turned a/f or to vibrate. Present: Chair Paul Ruchinskas, Elizabeth Taylor, Joan Carstanjen, William Klein, Jeanne Boehm, Peter Johnson, and Roland Bassett. Also present: Mark Robinson, Executive Director of The Compact and Hal Minis President/Trustee, Brewster Conservation Trust. The Chair called the meeting to order at 4:30 pm 1. Approval of the minutes of the July 8, 2015 meeting. Motion made by William Klein to approve the CPC meeting minutes of July 8, 2015 as amended. Elizabeth Taylor seconded. VOTE: 7-0-0 2. Treasurer's Report. Elizabeth Taylor reviewed the Treasurer's Report dated August 11, 2015. The Professional Services balance for Open Space as of July 1, 2015 is $28,170. There is currently $590,000 in the Open Space Account, $134,000 in the Housing Account, $128,000 in the Historic Account, and $427,000 in the 30-Percent Account that are funds available to distribute. 3. Discussion and vote on the request from the Open Space Committee for $100,000 for the Mill Pond Conservation Project. Peter Johnson recused himself and left the room. The Mill Pond Conservation Project application was distributed. Mark Robinson, Executive Director of the Compact reviewed the Mill Pond Conservation Project whereby they are requesting CPC Meeting Minutes August 12, 2015 Page 1 of 4 $100,000 from the CPC Open Space Account to purchase two lots. There is a proposed conservation restriction on the two lots to be held by the Conservation Commission. Mill Pond is located between the towns of Harwich and Brewster. There is no public access to the pond from the Brewster side. Of these two parcels, one is owned by the Birdsalls and is a vacant parcel consisting of 2.32 acres. The other is a 2.23-acre parcel owned by Carol Buehler and consists of a house built in the 1940's with a brand new septic system. The house was never lived in and the property had been on the market for several years. The closing on both lots are to be in January 2016. The state grant that has been applied for will be awarded in November or December. The total cost of the project is $400,000. The differences in the buyer and seller appraisals came down to the appraisers using different criteria for the pond frontage, one evaluating the properties as on a pond with recreational value that would make the parcels more valuable and the other appraiser reviewing the parcels as being on a pond with wildlife value. Though this is not a swimmable pond, it is used for fishing. It is planned to remove the house and septic system. The removal of the driveway at the Buehler property will also make the area safer from a traffic standpoint. There was a review of how the parcels would be purchased and why it was necessary to purchase this way in order to access the state grants. Organizations involved in the purchase will be Orenda, the Compact, and Brewster Conservation Trust. A conservation restriction will be registered at the closing and is required due to the use of CPC funds. The Water Department is not participating in this project as these parcels are on the periphery of Zone 11 and it is hoped that the Water Department will contribute to a larger parcel of 17 acres next year. The Water Department did pay half for the Santorello parcel. All of these partnerships allow more open space to be purchased and this is very important. The conservation restriction imposed will not require public access. It is not expected that this property will be used for access to the pond, but it is expected to improve the quality of the pond. Motion made by Roland Bassett to accept the Mill Pond Conservation proposal as presented. William Klein seconded. VOTE: 6-0-0 - I 4, Review, discussion, and vote on the language for Article 8 of the September 2, 2015 Special Town Meeting warrant. Town counsel will be reviewing Warrant Article 8 to make any necessary changes. Motion made by Roland Bassett to accept the language in Article 8 subject to Town Counsel approval. William Klein seconded. VOTE: 6-0-0 Peter Johnson rejoined the meeting. CPC Meeting Minutes August 12, 2015 Page 2 of 4 5. Report/update on the status of the Brewster Cemetery Commission funding application. Joan Carstanjen updated the Committee on the Brewster Cemetery Commission's revised application, but the application did not meet this deadline due to town meeting being moved up to September 2, 2015. The revised application will be submitted for the next round. 6. Report/update on the status of grant agreements for the CPC awards from the May 4, 2015 Town Meeting. Paul Ruchinskas reviewed the CPC grant agreements. The Brewster Cemetery Association is almost fully executed, the HECH Agreement is expected to be sent out next week, and the Brewster Historical Society agreement has been sent to the Brewster Historical Society and they have recommended some edits. The edits will need to be reviewed by town counsel. 7. Discussion and vote of appointment of Jillian Douglass as CPC liaison for Harwich Ecumenical Council for the Homeless' homeowner rehab program. It was recommended to the Committee that all HECH applications go to Jillian Douglas as the liaison for her review and final okay instead of the Chair. Motion made by Roland Bassett to make Jill Douglas the liaison to the HECH rehab program. Jeanne Boehm seconded, VOTE: 6-0-1 8. Report/update on the status of the historic preservation restriction for the Cobb House project. Paul Ruchinskas reviewed the historic preservation restriction for the Cobb House project. Currently, the restriction as stated in the town meeting warrant article is to be held by the Board of Selectmen. The Chair in discussion with Eric Dray feels that the Historical Commission should hold the restriction. However, there was reservation by the Historical Society for the Historical Commission to hold the restriction due to some past history with the Commission. Eric Dray's experience with the Massachusetts Historical Commission would be that they would recommend that the local Historical Commission holds the restriction, but it has recognized Town Administrators and Board Of Selectmen as the holder of restrictions. This issue needs further discussion and if it is decided that a change be necessary, it may need to go back to Town Meeting for a change of the holder. Town Counsel will be asked for an opinion on the restriction and how to proceed if it needs to be changed. CPC Meeting Minutes August 12, 2015 Page 3 of 4 9. Report/update on the status of the historic preservation restriction for the Brewster Baptist Church project. Massachusetts Historical Commission sent a letter that was forwarded to the CPC on the Brewster Baptist Church historic preservation restriction. Town Counsel's opinion has been asked about the imposing of the preservation restriction, as there was nothing in the town meeting warrant article about the historic preservation restriction though it may have been outlined in the award letter. Eric Dray will also look at the building to see about an alternative restriction that the MHC stated that the CPC could potentially impose. This restriction is a condition on the release of the final $50,000. This also may need to go back to town meeting for revision. 10. Any other items that the chair could not reasonably anticipate. In the Lower Road Cemetery while excavating the vault in a mound of dirt it was discovered to be more extensive than originally thought. 11. Schedule next meeting. The next meeting will be held the second Wednesday, September 9, 2015. Motion made by Roland Bassett to adjourn the meeting at 5:27 pm. Peter Johnson seconded. VOTE: 7-0-0 Respectfully submitted, Donna Moberg, Recording Secretary Items used in the meeting: • Draft Minutes of July 8, 2015 • Treasurer's Report dated 8/11/2015 • Revised Open Space Application for Mill Pond Project 4 • Brewster Baptist Church Massachusetts Historical Commission Letter of 7124115 • Community Preservation Warrant Articles for September Town Meeting CPC Meeting Minutes August 12, 2015 Page 4 of 4