HomeMy Public PortalAboutCommunity Preservation Committee -- 2016-09-28 Minutes \\a\\\\mlltlunuuprrd!////// Approved: 10/12/16
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COMMUNITY PRESERVATION COMMITTEE
Held a Regular Meeting
On Wednesday, September 28, 2016 at 4:30 p.m.
At The Brewster Town Office Building, 2198 Main Street,Brewster,MA
MEETING MINUTES OF SEPTEMBER 28 2016
Present: Chair Paul Ruchinskas, William Klein, Peter Johnson, Roland Bassett,
Joan Carstanjen, and Jeanne Boehm and Elizabeth Taylor.
Also present: Assistant Town Administrator Jillian Douglas, Judy Barrett
Absent: Barbara Burgo
The Chair called the meeting 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. Vote to approve the minutes of the September 14, 2016 meeting.
Motion made by Roland Bassett to approve the meeting minutes of September 14,2016
as amended. William Klein seconded.
VOTE: 4-0-2
2. Discussion and vote to authorize the Chair to execute a memorandum of understanding
with the Department of Conservation and Recreation with respect to the recapture
condition in the award letter for the Cape Repertory Theatre's Crosby Barn historic
rehabilitation project.
Paul Ruchinskas reviewed the draft Memorandum of Understanding with the Committee.
DRAFT
MEMORANDUM OF UNDERSTANDING
BETWEEN
BREWSTER COMMUNITY PRESERVATION COMMITTEE AND
DEPARTMENT OF CONSERVATION AND RECREATION
CPC Meeting Minutes of
September 28, 2016 Page 1 of 4
This memorandum of understanding is entered into by and between the Brewster Community
Preservation Committee ("CPC") and the Department of Conservation and Recreation ("DCR") on this_
day of September, 2016.
WHEREAS, on February 17, 2016 the CPC voted to recommend approval to Brewster Town Meeting of
the Cape Rep Theatre's$225,000 funding request for the Crosby Barn's Preservation and Rehabilitation
Project("the Project"), which Project is further described in its January 11, 2016 application to the CPC,
which application is incorporated herein by reference and, as a public record, is on file with the Brewster
Town Clerk's office;
WHEREAS, on May 2, 2016, Brewster Town Meeting voted to approve Cape Rep Theatre's funding
request, as recommended by the CPC;
WHEREAS, Cape Rep Theatre and the CPC are now seeking to enter into a Grant Agreement permitting
the release of the CPA monies upon certain conditions intended to ensure the long term public benefit
from the expenditure of these public funds;
WHEREAS,those conditions include the requirement that DCR, having the care, custody and control of
the property leased to Cape Rep Theatre by the Commonwealth of Massachusetts ("the Property"),
provide certain assurances to the CPC, that when its Lease with Cape Rep Theatre terminates, DCR will
continue to ensure the long term public benefit from these public funds to the best of its ability;
NOW THEREFORE, the parties to this Memorandum agree to the following:
1. The parties agree that the Property is protected under Article 97 of the Amendments to
the Massachusetts Constitution ("Article 97"), as well as multiple historical designations by virtue of its
inclusion within the Old King's Highway Historic District,the State Register of Historic Places, and as a
contributing building to the former Crosby Estate, which is eligible for listing in the National Register of
Historic Places.
2. In the event the Commonwealth of Massachusetts ever undertakes a project on the
Property, DCR agrees that it will implement its Policy on Protection of Archeological and Cultural
Resources to ensure every effort is undertaken to protect the cultural and archeological values of the
Property.
3. DCR further agrees that, in the event DCR ever undertakes,funds, permits or licenses
any project on the Property, it will follow the procedures set forth in G.L. c. 9, §26-27C,to enable the
Massachusetts Historic Commission to make a Determination of Effect of the project on historic and
archaeological resources listed in the State Register and, if MHC determines the proposed project will
have an adverse effect on the historic values of the Property, DCR agrees it shall consult with MHC and
any interested parties to explore and implement feasible and prudent alternatives that would eliminate,
minimize or mitigate the adverse effects.
4. In the event the it is proposed to sell,transfer ownership or change the use of the
Property, DCR agrees that it would,through the Article 97 Process, request within the Secretariat that
the legislation include an appropriation to reimburse the Town its public funds expended in
rehabilitating and preserving the Crosby Barn and also include the imposition of a perpetual
preservation restriction pursuant to G.L. c. 184, §§31-32.
CPC Meeting Minutes of
September 28, 2016 Page 2 of 4
5. DCR's obligations are subject to specific appropriation by the General Court, availability
of funds, and applicable law.
Entered into on this_day of September, 2016.
Department of Conservation and Recreation, Brewster Community Preservation Committee
By: Leo P. Roy By: Paul Ruchinskas
Commissioner, DCR Chair, Brewster CPC
Motion made by Peter Johnson to authorize the Chair to sign the MOU on behalf of the
CPC in the form of the document before them on review today or in a form substantially
similar thereto, as negotiated further by town counsel and DCR. If any substantive
changes are made to the MOU that materially alter its affect, as presently written, the
Chair will return to the CPC for further authorization. Roland Bassett seconded.
VOTE: 7-0-0
Concern was expressed that Cape Rep is under the gun to get things underway and this
urgency will be expressed to the attorney drafting the MOU.
3. Discussion of advertising requirements, agenda, and outreach to individuals and groups
for the required annual public hearing on community housing, historic preservation, open
space, and recreation needs of the Town that might be assisted with Community
Preservation Act funding.
The Chair reviewed Section 5 of the Community Presentation Act that states the CPA should
study the needs of the community through a public hearing and that a legal notice two weeks
before the meeting should be posted. It is considered best practice that this public hearing is
done on an annual basis. It was the consensus of the Committee to have a public hearing on
October 26, 2016 and that last year's agenda format will be used. Donna will disseminate the
e-mail list from last year to the Committee for their review and recommendations.
4. Update on proposed Town Meeting articles.
The Chair will present the CPC Town Meeting Warrant Articles to the BOS next Monday.
Since Habitat is going to be at the BOS meeting in Harwich, it is felt that it will be more
important for them to be present at the Finance Committee meeting when it is presented
there.
The warrant articles deadline has been extended to October 17, 2016.
5. Items that the Chair could not have reasonably anticipated.
Bob Jones of Cape Cod Village has met with the Secretary of the Executive Office of Health
and Human Services and the State plans on supporting the operating expenses for this project.
The project has to be reduced from 16 units to 15 units to avoid additional requirements and
make it more feasible. Our award was for 16 units and we will need to determine if we need
any additional action to reduce the project, such as returning to town meeting. The location of
CPC Meeting Minutes of
September 28, 2016 Page 3 of 4
this project and the community support from the region was felt to be a huge positive for this
project with the Secretary. Cape Cod Village will be trying to get even more support from
other area towns.
Since a joint meeting of the CPC and the Planning Board doesn't seem possible right away,
there now are plans to hold a public housing workshop and invite everyone from all of the
Committees to that meeting. A date still needs to be set for this meeting.
Judy Barrett briefly reviewed the Housing Needs Assessment and a draft of this report should
be completed next week and will be sent to the Committee. Public workshops are very
helpful and may find something that the data doesn't show. The highlights of the Needs
Assessment will be will be presented at the Public Workshop. From the Public Workshop it is
hoped to define some of the goals and implementation strategies. This report needs to be
completed by the beginning of December to meet the funding deadline.
The data shows that there are significant senior housing issues, but there are also low-income
families in the community that are un-affordably housed or unsuitably housed. Mainly
affordability issues are the main focus for moderate and low-income families. The housing
plan will consider the lack of affordable and suitable housing and will include development
and will include restrictions in the community that may be hindering affordable housing. The
Public Housing Workshop may be postponed until after the CPC public hearing to see what
comes out of that meeting.
6. Schedule next meeting: Wednesday, October 12, 2016 @ 4:30 p.m. at Town Hall.
The next meeting date will be October 12, 2016 at 4:30 to review the drafts on the grant
agreements. The 2016 HECH program changes hopefully will be ready and we are trying to
make the process more efficient. The change in town attorneys has bogged this process
down. Concern expressed about weatherization issues that may not be addressed in time due
to the delay in being able to process applications. There needs to be a discussion about town
employees being able to participate in this program.
7. Adjourn
Motion made by Peter Johnson to adjourn the meeting at 5:00 pm. Roland Bassett
seconded.
VOTE: 7-0-0
Respectfully submitted,
Donna J. Moberg, Recording Secretary
Items used at the meeting:
• Draft meeting minutes of September 14, 2016
• Draft Memorandum of Understanding between Brewster Preservation Committee and
Department of Conservation and Recreation in conjunction with the Crosby Barn
• Draft of Town Meeting Articles
CPC Meeting Minutes of
September 28, 2016 Page 4 of 4