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Home My Public Portal AboutCommunity Preservation Committee -- 2016-03-23 Minutes p\\\\\\1\15111 VI I Illlllllll/Il \a �¢E`V Approved: 4/27/16 Vote: 3-0-3 Revised & Re-voted: o 2198 Main Street 5/25/16 Brewster, Massachusetts 02631-1898 Re-Vote: 4-0-3 �h .,• ¢`` (508) 896-3701 ��/�/////I11fl111111(IA1111VVAAAAAAAD�� FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE Held a Regular Meeting On Wednesday, March 23, 2016 at 4:30 p.m. At The Brewster Town Office Building, 2198 Main Street, Brewster, MA MEETING MINUTES of March 23, 2016 Present: Paul Ruchinskas, Elizabeth Taylor, Roland Bassett, Barbara Burgo, Jeanne Boehm, William Klein, and Peter Johnson. Absent: Joan Carstanjen Also Present: Mark Robinson, Executive Director, The Compact of Cape Cod Conservation Trusts The Chair called the meeting to order at 4:34 pm Recording or Taping Notification: "As required by the Open Meeting Law we are informing you that the Town will be audio and video 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. Vote to approve minutes of March 9, 2016 meeting. Motion made by Roland Bassett to approve the meeting minutes of March 9, 2016 as amended. Jeanne Boehm seconded. VOTE: 6-0-1 2. Discussion and vote on the $125,000 funding request from the Open Space Committee for conservation restrictions as part of the acquisition of the Boehm property at Sheep Pond Woodlands conservation area. Jeanne Boehm and Peter Johnson recused themselves and left the room. There was a review of the proposed acquisition of Boehm property at Sheep Pond Woodlands conservation area consisting of 11 plus acres of high dry pine/oak woodlands. Mark Robinson, Executive Director of the Compact reviewed the proposed joint project between the Town of Brewster through the Open Space Committee, the Conservation Commission, and the Brewster Conservation Trust. This parcel is adjacent to the 60-acre Sheep Pond Woodlands Conservation area. The Gulls Way Forest is a focus area identified by the Open Space Committee. The Boehm's have agreed to sell the 11.11-acre parcel for $275,000. The Conservation Trust will provide $150,000 towards the Community Preservation Committee Meeting Minutes of March 23, 2016 Page 1 of 4 purchase and the Open Space Committee has voted to support the project unanimously by purchasing a$125,000 conservation restriction on the property. The Town will hold the conservation restriction. The request for the $125,000 of CPC funds for this parcel is coming from the Open Space Committee. The Brewster Conservation Trust has other funding sources. This is an important acquisition and the Brewster Conservation Trust cannot and will not purchase this parcel without a partnership with the Town, as it is too expensive for them to handle on their own. This acreage will be open to the public for passive recreation such as trails. Hunting will not be allowed on this property. Public access could be from the rail trail or Gull's Way. If there is a parking lot it will be only for 2 or 3 cars. Area residents could walk their dogs on this property. This will help to maintain the water quality in Sheep Pond due to limited development. The state stocks this pond with fish. It is deep and cold. The Open Space Committee has identified this parcel as a high priority acquisition through the priority ponds project. The Brewster Conservation Trust when purchasing a property outright has no legal obligation to put a conservation restriction on the property. Motion made by Roland Bassett to approve the acquisition of the Conservation Restriction for$125,000 on the Boehm Property. William Klein seconded. VOTE: 5-0-0 Following the vote, Jeanne Boehm and Peter Johnson rejoined the meeting. 3. Report and discussion of meetings with the Finance Committee and Board of Selectmen on CPC 2016 Town Meeting warrant articles. Paul Ruchinskas reported on the Finance Committee and Board of Selectmen meetings held recently. The Board of Selectmen voted 5-0 to accept all of the warrant articles except the Open Space Warrant Article as the CFC had not voted on this acquisition yet. It has been decided to include the debt service at the next Town Meeting warrant cycle. This information will be verbally conveyed at the Town Meeting however. Finance Committee Meeting: • The Brewster Recreation field repair and the HECH HELP projects were unanimously approved at the Finance Committee meeting. The Finance Committee suggested that the HECH project have increased funding though it was explained that it wasn't increased in this round per the request of the HECH. • Cape Repertory Theatre Company's $225,000 request was approved by a vote of 6 to 2. The main concerns of the Finance Committee were that this barn is not viewed from a public way and that this is a significant use of funds that may be able to be used for other projects. Concern was expressed about the barn getting into such a structural state. Community Preservation Committee Meeting Minutes of March 23, 2016 Page 2 of 4 • On the Cape Cod Village project, the Finance Committee's main concern was what the public benefit would be for Brewster residents. Many other concerns were raised about this project. There was a question as to why more towns were not encouraged or approached to participate. Brewster was approached by Cape Cod Village because it does not have any large housing project requests. Cape Cod Village will be returning to other towns to request funds. The Finance Committee has deferred action pending how the funds are to be structured. Two sticking points were no Brewster residential preference and no affordable housing credit for Brewster and that Orleans would receive all of the credit. How credit will be determined for each town will need to be addressed at the state level if more regional projects take place. One third of the monies that go into this project historically are state funds. Town Counsel's memorandum on the CPC Warrant Articles was distributed and the concerns were outlined and reviewed. • HECH: Town Counsel feels this project falls within the community housing requirements, but she is concerned on the income eligibility particularly with regard to liquid assets. Income eligibility needs to be explained to participants and monitored in this program going forward to continue to be in the public interest. These things need to be explicit in the award letters and/or grant award letters and need to be part of the HECH program going forward. • Crosby Barn: The Crosby Barn project Town Counsel concerns were the need to indicate the public benefits in Phase I in case Phase II does not occur. Town Counsel will review the Cape Rep lease with the state and the preservation restriction to make sure the project is protected. • Cape Cod Village: Town Counsel feels that Cape Cod Village is a viable regional project but it was recommended to add income eligibility to the warrant description. Public benefit for Brewster should be outlined. Brewster should be mentioned in the second deed restriction. It was felt that the award should be structured as a loan at zero percent interest. Additional information is needed for Town Counsel to make final judgments. Going forward there is a recommendation to have the CPC articles reviewed by another attorney that has CPA experience. This will be explored. There was a Town Counsel suggestion to have the award letters be a simply notification with the conditions being put into the grant agreement process. It is felt that by outlining the conditions in the award letter, it helps move the grant agreement process along faster. How this will be handled in the future will need to be decided. The CPC will need to appear before the Board of Selectmen for the Open Space project and the Finance Committee for both the Open Space project and the Cape Cod Village project. Community Preservation Committee Meeting Minutes of March 23, 2016 Page 3 of 4 4. Discussion and possible vote on changes to the conditions in the $100,000 Cape Cod Village conditional award letter. There is a change to the Cape Cod Village award letter and the condition to make this a zero percent note instead of a grant award. Motion made by Roland Bassett to change the Cape Cod Village $100,000 award from a grant to a zero percent note. Jeanne Boehm seconded. VOTE: 7-0-0 5. Treasurer's report. Elizabeth Taylor distributed and reviewed the Treasurer's report dated February 29, 2016, 6. Topics that the Chair could not have reasonably anticipated. There was brief discussion on the Land Bank conversation as presented to the Board of Selectmen, debt service, and the charges being made this round to the 30 percent fund,the rollover, and the reallocation of CPA funds. 7. Schedule next meeting. The next meeting will be April 13, 2016 at 4:30 pm Motion made by Peter Johnson to adjourn the meeting at 5:25 pm Roland Bassett seconded. VOTE: 7-0-0 Respectfully submitted, Donna 3, Moberg, Recording Secretary items used at the Meeting: ® Meeting Minutes of March 9, 2016 • Budget dated February 29, 2016 ® Draft Annual Town Meeting Warrant Articles ® Memo from the Town's attorney Sarah A. Turano-Flores Community Preservation Committee Meeting Minutes of March 23, 2016 Page 4 of 4