HomeMy WebLinkAbout2002-11-06
aJ
II
II
Community
Preservation
Committee
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA 02564
~
16 Broad St
Nantucket, MA 02554
AUG 0 4 2003
TIME:
COMMUN~SERV ATION COMMITTEE
MINUTES - I!;DA'! - NOn]\tm~1t 6, 2002
A meeting of the Community Preservation Committee, CPC, was held on Wednesday, November 6, 2002 at
2:30 PM at the Land Bank 22 Broad Street, Nantucket, MA.
Present were: Barry Rector, Chair, Ken Beaugrand, Rich Brannigan, Norman Chaleki, Polly Miller, Frank
Spriggs, and Alice MeW ade, Administrative Assistant.
The meeting was called to order at 2:40 PM, and a quorum was established. The agenda was approved.
PUBLIC COMMENT
Public Comment is expected to be ongoing throughout the meeting. No comments were raised at this time.
INTERVIEWS
NANTUCKET HOUSING AUTHORITY
FUNDING THE MIACOMET HOUSING INITIATIVE - $85,000
The applicant, Bill Snowden, spoke with the CPC office today. He is "stuck" off-island because of the weather
and subsequent cancellation of the Steam Ship Authority service between Hyannis and Nantucket. He e-mailed
the CPC an explanation of the NHA Funding the Miacomet Housing Initiative application. A copy of the e-
mail, one page, is attached hereto and incorporated herein. A copy of the substance of the application, two
pages, is attached hereto and incorporated herein.
Linda F. Williams, Chairperson of the Nantucket Housing Authority, NHA, was in attendance to explain the
Nantucket Housing Authority's association with this application. The NHA Board, while aware of the project,
never voted to support or endorse this application. Ms. Williams clarified that the application is not a NHA
application. The application is Mr. Snowden's application.
The ensuing discussion concerned the locus of the application, the anticipated costs of the project as stated in
the application, as well as other ancillary topics. There being no further discussion on this application, upon a
motion duly made and seconded, the Board VOTED (5-0-1), Mr. Chaleki abstaining, to close the Public
Hearing on this application.
1
COMMUNITY PRESERVATION COALITION
Barry Rector circulated a copy of a Memo he received from the Community Preservation Coalition, 2 pages, a
copy of which is attached hereto and incorporated herein. Clarification of the memo and its application to the
Nantucket CPC was discussed at length. The intricacies ofDOR regulations and constraints on expenditures
within the fiscal year time frame were also discussed. The similarity between an appropriation for the building
of a new school over a period of years and the appropriation for a CPC project were also discussed.
The consensus of the Committee was that the Nantucket CPC's position coincides with the following paragraph
from Chris's memo, 1st paragraph, second page:
"With regard to the timeline that you mention, an applicant should not start work on a project until the funding
for that project is approved at Town Meeting (after a prior recommendation by the CPC). If there is a pressing
need to begin work during the period after the April Town Meeting but before the start of the new fiscal year in
July, it seems reasonable that the project could go forward, so long as another source of temporary funding may
be secured (either a private or municipal (non-CPA) loan) which could then be paid back. This would not
violate the prohibition against replacing already appropriated funds, since at this point the CPA funds would be
appropriated and it would be clear that the loan is a temporary stopgap tool, rather than an appropriation to be
supplanted. "
Upon a motion duly made and seconded it was unanimously VOTED: " To modify the Memorandum of
Understanding to include "an applicant may not commence work until after Town Meeting approval and no
reimbursement will be made for any work done prior to Town Meeting."
It was agreed that if additional clarification was received regarding the effect DOR regulations may have of on
the disbursement of CPC funds, and it conflicted with the language in the above modification to the
Memorandum of Understanding, the language would be revised to reflect the clarification.
OLD BUSINESS
The Fiscal Year 2004 CPA Budget was discussed at length. Some line item entries still need to be confirmed.
Rich Brannigan and Barry Rector intend to meet with Connie Voges, Director of Finance, regarding the budget.
NEW BUSINESS
After a brief deliberation, it was agreed that the CPC would meet next Tuesday, November 12,2002 at noon.
The meeting is intended to last three hours.
ADJOURNMENT
Upon a motion duly made and seconded it was VOTED to adjourn this meeting for the day. The next meeting is
scheduled for Tuesday, November 12,2002 at 12:00 noon at the Land Bank. The meeting adjourned at 4:40 pm.
Respectfully submitted by,
I t{t, r1YlW~1-
Alice Mc Wade
Administrative Assistant
2
QfY\C C.pc "I bl 02-
Page 1 of 1
cpc
From:
To:
Sent:
Subject:
"bill snowden" <billysnowden@hotmail.com>
"cpc" <cpc@town.nantucket.net>; <bob@nantuckethousingoffice.org>
Wednesday, November 06, 2002 10:44 AM
Re:CPCI Miacomet proposal
To: CPC, Barry Rector, Chairman
Re: Miacomet infrastructure proposal.
The Nantucket Housing Authority is the owner of9 acres off surfside road. We contemplate using this
infrastructure money to create preliminary site design, preliminary road layout and sewer engineering
and home design for the property. It will be a single family homeownership concept.
The infrastructure monies will help write an RFP to secure a general contractor/developer who will build
a homeownership housing community reflective of our design after we have held public hearings
seeking neighborhood input.
A large portion of these infrastructure monies can be recaptured and returned to the CPC fund within or
before two years of commencement of building. This is accomplished by building in the CPC subsidy
infrastructure money in the RFP proforma. The sales of the units will return the money.
About the concept. There is general NHA consensus that Miacomet will be between 45 and 60 homes. It
will be 100% homeownership. It will be 100% local preference to Nantucket residents only (that is
legal-we had a state determination) The homes will span an affordability range from 80% of median
income(approx $46,000 dollars and a home that costs aprox $140,000) to 150% of median income
($76,000 and a home that costs aprox $300,000). Additionally, because CPA monies will be used in the
creation of these homes, ALL the units, even those above 80% of median income count towards our
10% goal. That is the result of new regulations adopted this October by DHDC.
We will work with the new housing office in an effort to create the first,all aftordable, community on
Town land. Being the first project, we realize that this has to be done right.
The answer to the Ken Beaugrand question is $70,000. That is the bare minimum that allows us to
design this properly. Remember, most of this money will flow back to the CPA fund within two years.
Thank you for your consideration,
Bill Snowden
Nantucket Housing Authority, member.
4/22/03
Community
Preservation
Committee
Application for CPA Funding
Date:
September 3, 2002.
Name of Organization:
Address:
Town, State, Zip Code:
E-mail:
Website:
Nantucket Housing Authority (NHA), 3 Marta Drive
Nantucket, MA 02554
Contact Person and/or Project Dir:
Bill Snowden for this specific Application, as a
member ofthe NHA
Names of Governing Board,
Trustees, Directors, members:
See attached.
Federal Tax ill #:
04-2857153
Proiect Information
Project Title:
Funding the Miacomet Housing Initiative.
Scope or Concept of Project:
This project advances the general goal of the Housing
Chapter of the Nantucket Comprehensive
Community and the Housing Action Plan adopted by
the Nantucket Board of Selectmen by providing
funding necessary to provide the minimum design
services in architectural, engineering and site
development needed to receive the required site
approval letter. Said letter is necessary to be able to
make such an Application to the Zoning Board of
Appeals for 50-60 single-family homes, of varying
levels of afford ability, on about nine acres of land
currently owned by the Housing Authority.
Project Objectives:
The purpose of this project is to give year-round
residents, including prospective essential service
employees, a first-time opportunity for home-
ownership by building 50-60 affordable homes.
RECEIVED
SEP 0 3 2002
By: . f\1'0JC\~
Projected Action Plan ITimeline:
Anticipated Project Cost:
Other Funding Sources:
CPC Funding Request:
Support documents:
Comparable Projects:
Budget/Budget Justification
Compliance with the
Goals and Objectives
of the CPA:
Immediately upon receipt of funds and completion of
RFD the above work will commence within one
year's time.
$85,000. Broken down as follows:
Site layout and landscape design : $25,000
Road, Sewer, Drainage, Survey: $35,000
Architects home design and certification: $25,000.
None applied for at this time.
$85,000.
Comprehensive Community Plan; The Housing
Action Plan are not attached and are sufficiently on
record in other Applications currently before you.
This is an action step of the affordable housing
initiatives of the Nantucket Housing Authority, the
Comprehensive Plan and the Housing Action Plan
adopted by the Board of Selectmen.
The Housing authority has already begun theRFP
process and has hired a consultant to draw up a
reliable pro-forma.
1. Protects unique character by promoting
preservation of sense of community.
Nantucket has been plagued by the exit of
long-time residents, who have few options,
but to sell their property, and move
elsewhere. The Nantucket Community also
needs essential service employees to maintain
a high quality of education, public health,
safety, and general community well-being.
The attraction of qualified employees is
dependent on providing housing that they
and their families can afford.
2. The program will promote housing with
existing, adequate infrastructure, without
putting additional burden on that
infrastructure.
3. InfilI and cluster development advocated by
the program promotes preservation of open
spaces and natural resources.
4. Development of affordable housing in
accordance with the Town and Country
concept will result in less consumptive land
use patterns.
Community Preservation Coalition
Memo
To: Nantucket Community PreseNation Committee
From: Community PreseNation Coalition
Date: November 1 , 2002
Re: Response to your question regarding the timing and funding of CPA projects
You have asked for guidance as to whether or not a project could be completed prior to the Town
Meeting vote that would approve funds for it, or more specifically, whether or not a Town Meeting vote
could result in the reimbursement of previously expended funds for such a project.
You reference Section 6 of the Act, which states that CPA funds "shall not replace existing operating
funds, only augment them." To start, this reference is not relevant in this case because it refers to the
operating funds of the municipality. Because the funds you are concerned with were spent by a private
entity, no previously appropriated municipal funds are being supplanted.
More relevant in this case is the first sentence in Section 6, "...upon the recommendation ofthe CPC,
the legislative body shall spend, or set aside for later spending...>> It is clear from this section that no
CPA funds may be spent without prior authorization from both the CPC and the local legislative body.
Thus, you are correct in your assertion that any entity that expends funds on a project with the hope of
subsequent reimbursement, does so with the risk that approval of those funds will be denied. No
guarantee could be made that a vote to reimburse the entity's expense would be either recommended
by the CPC or approved by Town Meeting.
Because there is a clear process by which CPA funds may be spent, recommendation by the CPC
followed by approval by the legislative body, an attempt to receive a retroactive reimbursement for an
eligible project seems at the very least to violate the spirit of the CPA if not the letter of the law.
If there is a project that the CPC feels is very important, and it needs to go forward far in advance of the
April Town Meeting, there is another option you may consider. If the CPC were approached with a
project in, say, November, and it is something that the CPC would definitely recommend to Town
Meeting for approval, you could try to make a non-binding agreement with them that if they go ahead
with the project and incur expenses which they take full responsibility for, the CPC would recommend
to Town Meeting the purchase of a deed restriction on the property. This would accomplish several
things: 1) it would allow for the initial project costs to be paid back to the entity, at least in part; 2) it
would protect that investment for the community in perpetuity; 3) it would allow for a time-sensitive
project to go forward where it might not otherwise be able to do so. The important thing to note here, of
course, is that there can be no guarantee that the deed restriction proposal will pass Town Meeting.
We are not aware of any other communities that have an explicit policy with regard to the funding of
projects that were fully or partially funded prior to Town Meeting approval. This is probably because
most communities have assumed that this is not allowable. We suggest that you encourage people
with project proposals to wait to begin spending funds until the appropriate approvals have been
obtained. This will avoid the awkward situation in which Town Meeting would vote against the purchase
1
of the deed restriction mentioned above, which would put the individual or organization who had
already spend the money in a financial predicament.
Witn regard to the timeline that you mention, an applicant should not start work on a project until the
funding for that project is approved at Town Meeting (after a prior recommendation by the CPC). If
there is a pressing need to begin work during the period after the April Town Meeting but before the
start of the new fiscal year in July, it seems'reasonablethat the project could go forward, so long as
another source of temporary funding may be secured (either a private or municipal (non-CPA) loan)
which could then be paid back. This would not violate the prohibition against replacing already
appropriated funds, since at this point the CPA funds would be appropriated and it would be clear that
the loan is a temporary stopgap tool, rather than an appropriation to be supplanted.
Another option to consider, which would give you considerably more flexibility, is to use previously
reserved CPA funds from one of the local reserve accounts. For example, if the project in question is
the renovation of a historic structure, Town Meeting may approve funding for the project from funds that
were previously reserved in the specific historic preservation reserve account. These funds may be
spent at any time during any fiscal year, so long as the CPC and Town Meeting have voiced their
approval prior to the expenditure. (According to DOR's recent guidance, you are prohibited from
spending unreserved funds between the time your tax rate is set in November or December and the
beginning of the new fiscal year on the following July 1. During this time period, however, you are free
to spend previously reserved CPA funds at any time, so long as the CPC and Town Meeting have
voiced their approval).
. Page 2
CJ
-
e
Community
Preservation
Committee
16 Broad St
Nantucket, MA 02554
COMMUNITY PRESERVATION COMMITTEE
MINUTES - WEDNEDAY- NOVEMBER 6, 2002
A meeting of the Community Preservation Committee, CPC, was held on Wednesday, November 6,2002 at
2:30 PM at the Land Bank 22 Broad Street, Nantucket, MA.
Present were: Barry Rector, Chair, Ken Beaugrand, Rich Brannigan, Norman Chaleki, Polly Miller, Frank
Spriggs, and Alice McWade, Administrative Assistant.
The meeting was called to order at 2:40 PM, and a quorum was established. The agenda was approved.
PUBLIC COMMENT
Public Comment is expected to be ongoing throughout the meeting. No comments were raised at this time.
INTERVIEWS
NANTUCKET HOUSING AUTHORITY
FUNDING THE MIACOMET HOUSING INITIATIVE - $85,000
The applicant, Bill Snowden, spoke with the CPC office today. He is "stuck" off-island because of the weather
and subsequent cancellation of the Steam Ship Authority service between Hyannis and Nantucket. He e-mailed
the CPC an explanation of the NHA Funding the Miacomet Housing Initiative application. A copy of the e-
mail, one page, is attached hereto and incorporated herein. A copy of the substance of the applica~ion, two
pages, is attached hereto and incorporated herein.
Linda F. Williams, Chairperson of the Nantucket Housing Authority, NHA, was in attendance to explain the
Nantucket Housing Authority's association with this application. The NHA Board, while aware of the project,
never voted to support or endorse tlis application. Ms. Williams clarified that the application is not a NHA
application. The application is Mr. Snowden's application.
The ensuing discussion concerned the locus of the application, the anticipated costs of the project as stated in
the application, as well as other ancillary topics. There being no further discussion on this application, upon a
motion duly made and seconded, the Board VOTED (5-0-1), Mr. Chaleki abstaining, to close the Public
Hearing on this application.
(
1
~c. C<='C \\h)lOl,
COMMUNITY PRESERVATION COALITION
6
Barry Rector circulated a copy of a Memo he received from the Community Preservation Coalition, 2 pages, a
copy of which is attached hereto and incorporated herein. Clarification of the memo and its application to the
Nantucket CPC was discussed at length. The intricacies ofDOR regulations and constraints on expenditures
within the fiscal year time frame were also discussed. The similarity between an appropriation for the building
of a new school over a period of years and the appropriation for a CPC project were also discussed.
The consensus ofthe Committee was that the Nantucket CPC's position coincides with the following paragraph
from Chris's memo, 1st paragraph, second page:
"With regard to the timeline that you mention, an applicant should not start work on a project until the funding
for that project is approved at Town Meeting (after a prior recommendation by the CPC). Ifthere is a pressing
need to begin work during the period after the April Town Meeting but before the start of the new fiscal year in
July, it seems reasonable that the project could go forward, so long as another source of temporary funding may
be secured (either a private or municipal (non-CPA) loan) which could then be paid back. This would not
violate the prohibition against replacing already appropriated funds, since at this point the CPA funds would be
appropriated and it would be clear that the loan is a temporary stopgap tool, rather than an appropriation to be
supplanted. "
Upon a motion duly made and seconded it was unanimously VOTED: " To modify the Memorandum of
Understanding to include "an applicant may not commence work until after Town Meeting approval and no
reimbursement will be made for any work done prior to Town Meeting."
It was agreed that if additional clarification was received regarding the effect DOR regulations may have of on
the disbursement of CPC funds, and it conflicted with the language in the above modification to the
Memorandum of Understanding, the language would be revised to reflect the clarification.
OLD BUSINESS
The Fiscal Year 2004 CPA Budget was discussed at length. Some line item entries still need to be confirmed.
Rich Brannigan and Barry Rector intend to meet with Connie Voges, Director of Finance, regarding the budget.
NEW BUSINESS
After a brief deliberation, it was agreed that the CPC would meet next Tuesday, November 12,2002 at noon.
The meeting is intended to last three hours.
ADJOURNMENT
Upon a motion duly made and seconded it was VOTED to adjourn this meeting for the day. The next meeting is
scheduled for Tuesday, November 12,2002 at 12:00 noon at the Land Bank. The meeting adjourned at 4:40 pm.
Respectfully submitted by,
/~~_ ~\lWt~
S(tYce Mc Wade
Administrative Assistant
2