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Brewster, Massachusetts 02631-1898
(508) 896-3701
FAX (508) 896-8089
COMMUNITY PRESERVATION COMMITTEE
Held a Regular Meeting
On Wednesday, October 26, 2016 at 4:30 p.m.
At The Brewster Town Office Building, 2198 Main Street, Brewster, MA
PUBLIC HEARING MEETING MINUTES of October 26, 2016
Present: Chair Paul Ruchinskas, William Klein, Barbara Burgo, Elizabeth Taylor, Joan
Carstanjen, Jeanne Boehm, Peter Johnson and Roland Bassett
Also Present: Recreation Director Ellen Bearse, Steve Jones, Jay Colburn, Hal Minis, and others
The Chair called the Public Hearing to order at 4:30 pm.
Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town
will be videotaping and/or audio taping this public meeting. In addition, if anyone else intends to either video or audio
tape this meeting they are required to inform the chair." We request that all cell phones be turned off or to vibrate.
1. Public hearing: The Brewster Community Preservation Committee (CPC) will hold a Public
Hearing on Wednesday, October 26, 2016 at 4:30 pm in the Brewster Town Hall. The purpose
of the hearing is to provide and gather information on the community preservation needs and
possibilities in the areas of community housing, historic preservation, open space, and
recreation. The CPC resources of the Town of Brewster will be reviewed, and the information
gathered at the hearing will be useful in assessing any funding applications that the CPC may
be recommending to the voters at the May 2017 Annual Town Meeting. All interested parties
are invited to attend and questions and comments are welcome.
The Chair read the public hearing announcement and reviewed the CPA Act and the allowable
purposes for CPA funds and how much can be spent in each of the four areas: Open Space,
Historic Resources, Recreational land and Community Housing as outlined in the chart entitled
"Community Preservation fund Allowable Spending Purposes. There was a review of the
amended percentages to the CPA funding that the town made when it voted to accept it in July
2005. There was a review of some of the projects that have been able to be done though the use
of CPA funding. Applications for CPA funds are due December 1, 2016 though will be accepted
following this date. Those applications received after the December 1, 2016 due date are not
guaranteed to be acted upon for the 2017 Spring Town Meeting. At the Special Fall Town
Meeting, CPC has two articles on the warrant. One project is for$350,000 for Habitat for
Humanity and the other to reallocate CPC funding. There was a review of the current resources
available in the different categories for distribution for worthy applications. The application
deadline for the Fall Town Meeting is July 1.
CPC Public Hearing
Meeting Minutes October 26, 2016 Page 1 of 4
Recreation Director Ellen Bearse gave an update on the work to the Babe Ruth baseball fields
that will be completed in the spring. During this project, a handicap area was installed and Ellen
reviewed the parking areas that were added. It is expected to do the same at other ball fields in
town and the Recreation Commission may come to the CPC to request funds for this purpose.
Ellen will be working on an application she expects to submit by December 1, 2016 to rehab the
dock system on an Upper Mill Pond. Another project she hopes to start a conversation with the
Recreation Commission and public on is to install Basketball courts at a future date somewhere
in town.
Elizabeth Taylor gave an update to the project sheet distributed at today's meeting.
Peter Johnson gave an update on Crosby Barn project where the basement excavation is currently
taking place. The project is on schedule.
Paul Ruchinskas gave an update on the five-year housing plan for the town that started in 2009.
Unfortunately not a lot was acted upon so it is hoped that there will be recommendations come
out of the recent housing needs study and that CPA funds may be approved for some of the
recommendations. Peter Johnson is supportive of this affordable housing project and Jillian
Douglas gave an update on the Housing Production Plan funded through a Cape Cod
Commission grant and the funds have been allocated, the consultant has been hired and
interviews have taken place with members of the public. On November 2, 2016 there will be
public workshop from 4-6 at the Brewster Ladies Library. There will be a presentation followed
by a workshop to talk about housing aspects and the consultant will be present. Another public
workshop will be tentatively scheduled on November 17`". A draft report is expected early
December with a final report by the end of December.
No one else in the room came forward to speak and public hearing was closed and the meeting
moved to Agenda item 2.
Motion made by Peter Johnson to adjourn the public hearing at 4:48 pm and continue with
the regular CPC meeting. Roland Bassett seconded.
VOTE: 8-0-0
The Public Hearing was re-entered at 5:11 pm for late arrivals who wished to speak.
Jay Colburn, Executive Director of Community Development Partnership talked about
affordable housing in the eight towns of the lower Cape. He reviewed several projects that have
been completed in the various towns and the look at addressing the housing issues on a regional
basis. The Community Development Partnership expects to submit a proposal in the near future
for an affordable housing project in Eastham. Unfortunately, right now regional affordable
rental housing will not count towards the town's ten percent affordable housing state
requirement. There will be a lottery process and the local preference could be defined in the area
where the development takes place that will allow residents and workers in the region to
participate. There was discussion about perhaps including area towns in the Brewster Woods
projects and this will be researched further.
CPC Public Hearing
Meeting Minutes October 26, 2016 Page 2 of 4
Hal Minis, Brewster Conservation Trust spoke and gave a brief history of how the Brewster
Conservation Trust and the CPC have been able to work together. There was a review of open
land and how much moved to be developed recently and that that went to conservation. Some of
this undeveloped land needs to be kept open to keep the rural aspect of the town and to protect
the town's water. It is becoming more and more difficult to find large tracks of land combined
with the fact that land is becoming very expensive. There was discussion about affordable
housing and open space and that they do not need to compete for existence, but need to be
balanced.
Motion made by Peter Johnson to close the public hearing again at 5:23 pm. Roland
Bassett seconded.
VOTE: 8-0-0
2. Discussion and potential vote on whether to revise the prohibition on participation in the 2016
Harwich Ecumenical Council for the Homeless' homeowner rehabilitation program by
municipal and special municipal employees of the Town.
The Chair distributed and the Committee reviewed the opinion from the Legal Division Deputy
Chief, State Ethics Commission on allowing municipal and special municipal employees of the
Town to participate in the HECH (Harwich Ecumenical Council for Housing) program.
Following the reading of this opinion the Committee decided to reconsider its prohibition of
municipal and special municipal employees participation in the program. Concern expressed
that it is now one year after this opinion was written and it was felt that there does not appear to
be any changes in the ethic's law that would affect this opinion. Attorney Sarah Turano-Flores
does not agree with this opinion and Town Administrator Mike Embury agrees with Sarah, as he
is concerned about undue advantage that municipal and special municipal employees may have
on accessing these programs. Following discussion that though the ethics statute had not
changed, case law would be another area of concern and the pros and cons were discussed about
whether or not to go forward. It is felt that this ruling would impact town employees and
volunteers. The Ethics Commission arbitrates the ethics statutes. Since this program's
parameters have changed and the town is no longer reviewing the applicants, HECH is, this may
change the need to remove municipal employees from the program. Following additional
discussion, it was suggested that HECH ask on the application if the applicant is a municipal or
special municipal employee and that that trigger a request to the State Ethics Commission for an
opinion on the applicant being able to go forward. There was further discussion and then the
following motion was made.
Motion made by Peter Johnson to revise Condition 4.e in the October 7, 2016 draft CPC
award letter to HECH to read as follows: Brewster municipal and special municipal
employees and members of their immediate families (parents, children, siblings, spouse,
and spouse's parents, children, and siblings) are eligible to apply to and participate in the
program provided that they receive a determination from the Massachusetts Ethics
Commission that they are not in violation of the state ethics statute or regulations and that
they are therefore eligible to participate in the program. Roland Bassett seconded.
VOTE: 8-0-0
The opinion letter used in the meeting was collected.
CPC Public Hearing
Meeting Minutes October 26, 2016 Page 3 of 4
Peter Johnson moved to reopen the public hearing at 5:11 pm. Jeanne Boehm seconded.
VOTE: 8-0-0
3. Vote to approve minutes of October 12, 2016 CPC meeting.
Motion made by Roland Bassett to approve the minutes of October 12,2016 as presented.
Jeanne Boehm seconded.
VOTE: 8-0-0
4. Announcements.
Jeanne Boehm stated that the Lower Road Cemetery looks great and is done with the repairs
having been made. There needs to be an adjustment made to the payment.
Chair Paul Ruchinskas and Peter Johnson will be attending the Finance Committee on November
2, 2016 at about 7:15 pm.
5. Items that the chair could not have reasonably anticipated.
There were no other items discussed.
6. Next meeting: Wednesday,November 9, 2016 @ 4:30 p.m. at Town Hall.
Wednesday, November 9, 2016 and Wednesday, December 14, 2016 will be the next two
meetings.
7. Adjourn
Motion made by Jeanne Boehm to adjourn the meeting at 5:25 pm. Roland Bassett
seconded.
VOTE: 8-0-0
Respectfully submitted,
Donna J. Moberg, Recording Secretary
Items used in the meeting:
• Chart 1 Community Preservation fund Allowable Spending Purposes
• Opinion from Legal Division Deputy Chief, State Ethics Commission
• Draft Meeting Minutes of October 12, 2016
CPC Public Hearing
Meeting Minutes October 26, 2016 Page 4 of 4