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Brewster Massachusetts 02631 - 1898
(508 ) 896- 3701
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FAX (508 ) 896 - 8089
COMMUNITY PRESERVATION COMMITTEE
Held a Public Hearing followed by a Regular Meeting
On Wednesday, November 8 , 2017 at 4 : 45 p .m.
At The Brewster Town Office Building, 2198 Main Street, Brewster, MA
PUBLIC HEARING AND MEETING MINUTES of 11/08/17
Present : Paul Ruchinskas , Peter Johnson, Barbara Burgo , Elizabeth Taylor, Diane Pansire, Faythe
Ellis , Roland Bassett, and William Klein .
Also Present : Brewster White Caps Chris Kenney, Cape Rep Janine Perry and Tricia Ares, Director
Housing Advocacy of Community Development Partnership Andrea Aldana, Brewster Housing
Partnership Steve Seaver, Brewster Housing Coordinator Jill Scalise, Brewster Conservation Trust Hal
Minis , Brewster Historical Society Sally Gunning and Stephen B . Jones . In addition the following
were present : James Prestilen, Barbara Prestilen, Donna Lelke , Brian Skea, Mary Ellen Mountin, Gale
McIver, Sheila Anderson, Janet Husband and Diane Romme .
Recording or Taping Notification : As required by the Open ryfeeting Lmv 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 audiotape this meeting
they are required to inform the chair. " We request that all cell phones be tanned off or to vibrate.
1 . Public Hearing : The Brewster Community Preservation Committee (CPC) will hold a Public
Hearing on Wednesday, November 8 , 2017 at 4 : 45 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 2018 Annual Town Meeting ,
Chair Paul Ruchinskas read the public hearing notice and gave a brief history of the Brewster
Community Preservation Committee and Community Preservation Act. There was an overview of the
CPC application process to apply for the monies raised through the 3 % local property tax and the
Community Preservation Act state match that are available in the different areas of community
housing, historic preservation, open space, and recreation . A chart entitled : " Community Preservation
Fund Allowable Spending Purposes" was distributed . There was a review of the projects completed
through the use of these CPA funds as well as the amount of resources currently available . Those in the
audience were invited to talk about potential upcoming CPC applications . BRRISTER T01l)N CLERK
' 18 JAN 101, 37AN
CPC Public Hearing and Meeting Minutes
Of November 8, 2017 Page 1 of 5
Sally Gunning, President Brewster Historical Society thanked the CPC for past support. They will be
looking to restore/preserve the outbuilding at the Cobb House that is a single building but added onto
over the years in 4 different sections . They are currently collecting information with regard to this
project . It is expected to display farming equipment in part of this space and to use the garage for
storage and to make part of the building climate controlled in order to display museum artifacts . They
would like to restore the front of the building to how it may have looked originally .
Steve Seaver, Chairman of the Brewster Housing Partnership also a local real estate broker gave an
overview of the local collaborative effort of the Cape Housing Institute that is a six-week session held
in this area in Harwich and has been very informative and educational on a number of issues . The
Brewster Housing Partnership plans to seek out needs and solutions along with identifying partners
with whom to collaborate . There are ten members of the town currently working on this collaborative
effort on housing needs . He introduced Andrea Aldana, Director Housing Advocacy for the
Community Development Partnership who reviewed the future of the Cape Housing Institute . She
implemented the Cape Housing Institute on the lower Cape . The Cape Housing Institute is one part of
a larger initiative of the Cape Community Housing Partnership and collaborates with the lower cape
Community Development Partnership that supports affordable housing . She reviewed the history of the
Cape Housing Institute . They hope to continue to offer this program annually and hope to expand the
program to contract for services for additional information in a regional approach in identified needed
areas .
Chris Kenney of the Brewster Whitecaps reviewed the Cape Cod Baseball League of ten teams that is a
non-profit, all volunteer organization. The Brewster Whitecaps will be looking for funding for
improvements to Stony Brook Elementary School fields after they finish collecting information and
develop a plan. Twenty-two home games are played on the field during the season in addition to a
clinic run by the Brewster Whitecaps . There are other groups in towns that also use these fields .
Janine Perry of the Cape Rep Theatre reviewed the benefits that the Cape Rep Theatre grants received
that helped to fund Phase I of the barn project and they are now looking to Phase II of the barn project .
She reviewed the benefits of the Cape Rep Theatre including economic benefits , restoration benefits of
the barn that also benefited local craftsmen. They are involved with over 30 different non-profits in the
area. They are planning a benefit with Habitat for Humanity next year . Phase I of the barn project has
saved the building . Cape Rep plans to be applying for the Mass Cultural Society grant funds and will be
applying for additional CPC funds once the scope of the next project is developed. Thank you to the
town' s people and CPC for its past help . Cape Rep ' s main purpose is to support local artists and there
was discussion on outreach to the local community artists . There was a discussion on ethnic diversity
in the theatre . Barbara Burgo and Janine Perry agreed to meet to discuss how to increase participation
in the theatre from the different ethic groups living on Cape Cod .
CPC Public Hearing and Meeting Minutes
Of November 8, 2017 Page 2 of 5
Hal Minis , Brewster Conservation Trust thanked the CPC for their partnership and contribution to the
six different projects that included saving 22 acres of environmentally sensitive land for open space .
The importance of funding open space was reviewed and included protecting ground water and
protecting the character of the town . Funding for purchasing open space around the ponds and for
protecting drinking water in Zone 2 is very important. As opportunities arise, the Brewster
Conservation Trust will submit proposals . Only 40 percent of the land in Zone 2 is protected . The
ponds in town are also impaired and it is important to protect the lands around the ponds .
Motion made by Elizabeth Taylor to close the public hearing at 5 : 32 pm. Roland Bassett
seconded .
VOTE : 8 -0 -0
2 . Update on Town Meeting Article 8 meetings .
Chair Ruchinskas reviewed Article 8 on the upcoming Town Meeting that has gone before the
Finance Committee . The Finance Committee will be malting their recommendation at their meeting
to be held prior to Town Meeting on November 13 , 2017 . They were concerned about the parking
lot layout . Some area residents in the area of the acquisition are opposed to the article .
3 . Discussion and vote on a $ 6 , 500 open space professional services request for the proposed
Meetinghouse Road acquisition.
Elizabeth Taylor reviewed the professional services request for $ 6 , 500 for the Meetinghouse Road
acquisition. These funds will be used for the perimeter plan for the Registry of Deeds and this will
be done following approval of the acquisition at Town Meeting . The estimate for the work is lower,
but there is concern that additional wont will be required going forward .
Motion made by Roland Bassett to approve the Open Space Professional Services request for up
to $ 6,500 for the Meetinghouse Road acquisition . William Klein seconded.
VOTE : 8 -0 -0
14 . Discussion and vote on proposed revisions (in bold italics) to the current CPC application .
Chair Ruchinskas reviewed the changes to the application . Applications received late in the process
are currently being referred to other town committees before they should be to help move the project
along . It is felt that this process needs to change and outlining these changes in the application will
help to clarify how the process should move along . In the future it needs to be determined if the
applications are complete , that the applications are eligible for the funds , and that the projects are
timely before the applications are referred to other committees in town.
Motion made by Peter Johnson to accept the revisions as proposed to the CPC application .
Roland Basset seconded.
VOTE : 840 0
CPC Public Hearing and Meeting Minutes
Of November 8, 2017 Page 3 of 5
5 . Discussion and vote on whether the change in the Brewster Woods project from 30 to 29 affordable
units is a substantial change and discussion and possible vote to revise the Brewster Woods Grant
Agreement and award letter .
Paul Ruchinskas and Barbara Burgo recused themselves from the Brewster Woods discussion.
Faythe Ellis tools over the meeting and stated that it was recently bought to the attention of the town
by the lead development partner that the grant agreement and the award letter did not specifically
spell out the fact that one of the 30 apartments would be unrestricted and the resident would not need
to be income eligible . It was suggested that it is important to amend the award letter and agreement
to agree with the appropriate unit mix .
Jill Scalise, Housing Coordinator for Town of Brewster distributed a legal opinion from the Town ' s
Legal Counsel, Shirin Everett, on this matter . Following a review by legal counsel of a variety of
background materials, it is Sharin Everett ' s opinion that the CPC is most familiar with the Project
and is best able to determine which considerations or criteria were significant in recommending the
Project to the Town Meeting and in Town Meeting approving the same, it is her opinion that the
CPC consider whether the differences between the Approved Project and the Proposed Project are
material enough to require a new CPC vote and a new Town Meeting . There is no bright-line test in
the CPA to determine the materiality of a change .
In her opinion, the CPC could reasonably determine that the new CPC and Town Meeting votes are
not required because the Proposed Project is not materially different from the Approved Project,
The Proposed Project contains one less affordable housing unit than the Approved Project .
According to Ms . Cohn ' s letter, the Proposed Project will contain 3 -7 Very Low Income Units ,
whereas the Town Meeting vote describes the Approved as consisting of 7 Very Low Income Units .
It is not certain, at this time, that the Proposed Project will in fact have fewer than 7 Very Low
Income Units . Since the Project is a rental development, the Proposed Project will have the same
impact on the Town ' s Subsidized Housing Inventory (SHI) as the Approved Project in that all 30
units will be included in the SHI . The one unit that is not affordable will be rented by the Grantees
to a property manager for the primary purpose of managing and maintaining the 29 affordable units
efficiently; the unit is not being used to maximize profit. In my opinion, since the Proposed Project
enables the Town to have the same benefit as the Approved Project, as all 30 units will be included
in the SHI, the 30t' unit will be used to support and maintain the Brewster Woods development, and
the Grantees properly represented the Proposed Project, the CPC may permissibly determine that the
Proposed Project is not so different from the Approved Project so as to constitute a different project .
Motion made by Peter Johnson as amended by Diane Pansire that the proposed agreement
changes of reducing the number of units from 30 to 29 does not constitute a substantive change
nor is the change from 7 affordable units to a range of 3 to 7 affordable units constitute a
CPC Public Hearing and Meeting Minutes
Of November 8, 2017 Page 4 of 5
material change and does not require a vote by this Committee or Town Meeting, Roland Bassett
seconded .
VOTE : 6-0 -0
Both Paul Ruchinskas and Barbara Burgo rejoined the meeting .
16 . Vote to approve the October 11 , 2017 meeting minutes .
Motion made by Roland Bassett to approve the meeting minutes of October 11 , 2017 with
changes and revisions . Faythe Ellis seconded.
VOTE : 6 -0-2
17 . Items the chair could not reasonably have anticipated .1
The Recreation Department will bring forward two projects : ( 1 ) accessibility for Freeman Way
fields and (2) work that needs to be done on the tennis courts and plans to apply December 1 , 2017 .
There was discussion on the Babe Ruth project bill and the amount of $ 14 , 077 .
The CPC public hearing has been well done over the last several years and there was positive
feedback about its structure .
18 . Next meeting : Wednesday, December 13 , 2017 4 : 45 p .m . at Town Halla
The next CPC meeting will be held on Wednesday, December 13 , 2017 at 4 : 45 pm .
Motion made by Roland Bassett to adjourn the meeting at 5 : 58 pm. William Klein seconded .
VOTE : 9-0 - 0
Respectfully submitted,
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Donna J . Moberg, Recording Secretary
i
Items used at the meeting :
• Community Preservation Fund Allowable Spending Purposes
• Down Cape Engineering, Inc . quote for Meetinghouse Road acquisition
• Meetinghouse Road professional services request
• Brewster Woods Community Housing Project Approval Letter dated 8 / 1 / 17
• Attorney Shirin Everett legal opinion on Brewster Woods
• Draft Meeting Minutes of October 11 , 2017
CPC Public Hearing and Meeting Minutes
Of November 8, 2017 Page 5 of 5