HomeMy Public PortalAbout2006-11-13-Special Town Mtg Warrant
T0WN OF BREWSTER
SPECIAL TOWN MEETING
NOVEMBER 13, 2006
Barnstable, ss
To: Roland W. Bassett
Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed
to notify and warn the inhabitants of the Town of Brewster, qualified to vote in Town
affairs, to meet at the Stony Brook Elementary School Cafetorium on Monday, November
13, 2006 next, at 7:00 p.m. o’clock in the evening, then and there to act upon the
following articles:
UNPAID BILLS
ARTICLE NO. 1: To see if the Town will vote to transfer from available funds the
sum of TWO THOUSAND THREE HUNDRED FOUR AND 69/100 ($2,304.69)
DOLLARS to pay the following bills incurred but unpaid during a previous fiscal year:
a. YSI Environmental (Jane Johnson) $649.00
b. Medical Affiliates of Cape Cod $150.00
c. W.B. Mason, Inc. $78.00
d. Staples $281.00
e. Underwriter Laboratories $830.00
f. Kirk Roundsville $61.66
g. Anthony Dalmau $11.98
h. Glen Cefalo $213.93
i. Kirk Riker $29.12
Grand-total $2,304.69
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see if the Town will vote to transfer from available funds
and/or appropriate from surplus funds in some departments an amount of money to be
used in conjunction with funds appropriated under current fiscal year budgets during the
current fiscal year to pay shortfalls that would otherwise exist in the Fiscal Year 2007
budget of other departments, as follows:
a.Transfer the sum of $2,000.00 from line item no. 4 (Board of Assessors wages) to
line item no. 2 (Board of Selectmen’s Staff Wages) of article no. 5 of the 2006
Annual Town Meeting.
b.Transfer the sum of $800.00 from line item no. 6 (Town Offices Maintenance
Wages to line item no. 9 (Planning Department Staff Wages) of article no. 5 of the
2006 Annual Town Meeting.
c.Transfer the sum of $8,000.00 from Water Surplus to line item No. 14 (Water
Department Expenses) of Article No. 5 of the 2006 Annual Town Meeting.
d.Transfer the sum of $5,000.00 from Free Cash to line item No. 9 (Department of
Public Works Wages & Salaries) of Article No. 5 of the 2006 Annual Town Meeting.
e.Transfer the sum of $20,000.00 from Free Cash to line item no. 4 (Treasurer
Collector Salaries & Wages) of Article No. 5 of the 2006 Annual Town Meeting.
f.Transfer the sum of $10,000.00 from Article no. 3 (Cape Cod Technical School
Assessment) to line item No. 21 (Veterans’ Benefits) of Article No. 5 of the 2006
Annual Town Meeting.
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g.Transfer the sum of $42,000.00 from Free Cash to line item No. 2 (Legal Services
Expenses) of Article No. 5 of the 2006 Annual Town Meeting.
h.Transfer the sum of $3,000.00 from Free Cash to line item no. 1 (Elementary
School Budget) of Article No. 4 of the 2006 Annual Town Meeting.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 3: To see if the Town will vote to transfer from available funds a
sum of money for the purpose of funding the following capital acquisitions and
expenditures to be undertaken during Fiscal Year 2007 and to authorize the Town
Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best interests
of the Town, old equipment or vehicles deemed available, the proceeds from any such
disposition to be applied toward the cost of acquiring new equipment or services as the
case may be:
TRANSFER
FROM
AVAILABLE
ITEM DEPARTMENT FUNDS
1Department of Public Works:
a. Drainage/Road Maintenance Program $150,000.00
b. Mechanic’s Truck Replacement $45,000.00
c. Transfer Station Door Repair Project $20,000.00
d. Solid Waste Trailer Repair (2 units) $12,000.00
e. Solid Waste Trailer New Purchase $45,000.00
f. Cemetery Tree Removal Project $5,000.00
g. Mower Replacement $10,000.00
h. Landfill Monitoring Program $40,000.00
2Fire Department:
a. Rescue Service Billing Account $20,000.00
b. Fire & EMS Dispatch Services $35,000.00
c. Inspector’s Vehicle Replacement $30,000.00
d. Service Pickup Truck Replacement $45,000.00
e. Engine 233 (1989 Pierce) Rehabilitation $50,000.00
3.Board of Selectmen:
a. Mapping System Updates $10,000.00
b. Photo-Copier Replacement $12,000.00
c. COA Telephone Equipment Replacement $6,500.00
d. COA Electrical Service Upgrade $10,000.00
e. COA Floor Refinishing Project $5,400.00
f. Technology Hardware and Software $19,000.00
g. Permitting Software Project $25,000.00
4.Water Department:
a. GPS Equipment and Software $7,000.00
b. Chlorine Analyzer Equipment $9,800.00
c. Water Construction Account $160,000.00
5.Elementary School Department:
a. Technology Project $20,000.00
b. Eddy School Roof Handlers Project $10,000.00
c. Stony Brook School Painting Project $10,000.00
d. Stony Brook School Carpet Replacement $10,000.00
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6.Recreation Department:
a. Soccer Field Turf Replacement Project $35,000.00
7.Golf Department:
a. Ransom Rough Mower Replacement $45,000.00
b. Jacobsen Utility Tractor Replacement $35,000.00
c. Fairway Aerifier Replacement $24,650.00
d. Rake-O-Vac Replacement $28,000.00
e. Cart Path Paving Project $10,000.00
f. Pavilion HVAC System Installation Project $80,000.00
___________
Grand Total $1,079,350.00
and to authorize the Town Administrator to solicit bids and/or proposals, enter into a
contract or contracts, accept grant proceeds and expend said funds for these purposes, or
to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO. 4: To see if the Town will vote to act upon the recommendations of the
Community Preservation Committee; to appropriate from the Community Preservation Fund
to spend during Fiscal Year 2007 or to hold for future expenditure the following sums from
the Fund’s Fiscal Year 2007 revenues; to authorize the Town of Brewster, acting through its
Board of Selectmen and Community Preservation Committee to enter into contracts for the
award of grants to the following agencies; to authorize the Community Preservation
Committee, pursuant to the provisions of Massachusetts General Laws, Chapter 184,
Sections 31 through 33, to acquire Historic Preservation Restrictions in consideration of the
awarding of the following grants; all as follows:
Item: Category:
1. Historic Preservation:
a. Brewster Historical Society:
Preservation of Historical Glass Plate Negatives $43,275.00
b. Brewster Archives Committee:
Catalogue/Preserve Town Hall Records $32,100.00
Grand-total $75,375.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 5: To see if the Town will vote to transfer from available funds
a sum of money to be used to meet the terms and conditions of the proposed
Collective Bargaining Agreement, effective July 1, 2006, between the Town of Brewster
and the Service Employee’s International Union, Local 254, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
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OPEIU, UNITS A & B, COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 6: To see if the Town will vote to transfer from available funds
a sum of money to be used to meet the terms and conditions of the proposed
Collective Bargaining Agreement, effective July 1, 2006, between the Town of Brewster
and the Office and Professional Employee’s International Union, Units A & B, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
PERSONNEL BYLAW UPDATE STUDY
ARTICLE NO. 7: To see if the Town will vote to transfer from available funds the
sum of THREE THOUSAND AND 00/000 ($3,000.00) DOLLARS and to authorize the
Town Administrator to enter into a contract or contracts for professional services to
undertake an update of the Personnel Bylaw, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ENVIRONMENTAL CONSULTING SERVICES / PLEASANT BAY
ARTICLE NO. 8: To see if the Town will vote to transfer from available funds the
sum of TWELVE THOUSAND AND 00/100 ($12,000.00) DOLLARS and to authorize
the Town Administrator to enter into a contract or contracts for professional review and
analysis of environmental issues and studies related to Pleasant Bay, for wastewater
planning, and for water quality recommendations and protection, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
REPAIR AND RESURFACE TOWN ROADS / CHAPTER 90 FUNDS
ARTICLE NO. 9: To see if the Town will vote to transfer from available funds the
sums of money:
a) ONE HUNDRED AND NINETY-EIGHT THOUSAND THREE HUNDRED
AND SEVENTY-NINE 00/100 ($198,379.00) DOLLARS , and,
b) NINETY-ONE THOUSAND TWO HUNDRED AND SEVENTEEN
($91,217.00) DOLLARS
as provided under Chapter 90 of the Massachusetts General Laws for local roads and
highways, and to authorize the expenditure of these funds under the direction of the Board
of Selectmen, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
WATER BETTERMENT BORROWING
ARTICLE NO. 10: To see if the Town will vote to authorize the Board of Selectmen
to petition the General Court of the Commonwealth of Massachusetts to enact the following
Special Legislation, provided that the General Court may reasonably vary the form and
substance of the requested legislation within the scope of the general public objectives of
this petition but only with the prior approval of the Board of Selectmen:
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Section 1: Notwithstanding the provisions of any general or special law to
the contrary, the Town of Brewster, pursuant to its water betterment
program and in anticipation of full reimbursement through the assessment
of betterments, may incur debt, within the limit of indebtedness set by
Massachusetts General Laws, Chapter 44, Section 10 and for no longer
than twenty years, in the amount of all costs incurred for supplying town
water to property along private ways. The Town shall not incur this
indebtedness unless it has first been authorized by no less than a two-
thirds’ vote at an annual or special town meeting.
Section 2: This act shall take effect upon its passage.
or to take any other action relative thereto.
(Majority vote required) (Board of Water Commissioners)
INTERMUNICIPAL AGREEMENT
ARTICLE NO. 11: To see if the Town will vote to authorize the Board of Selectmen to
enter with various districts, towns, and counties a mutual aid agreement or agreements for
the provision and receipt of emergency water related assistance and, pursuant to that
agreement or agreements, to authorize the Board of Selectmen to enter specific,
implementing intermunicipal agreements and contracts for the provision or receipt of such
services, or to take any other action relative thereto.
(Majority Vote Required) (Board of Water Commissioners)
TRIENNIAL REVALUATION OF REAL AND PERSONAL PROPERTY
ARTICLE NO. 12: To see if the Town will vote to transfer from available funds the
sum of FIFTY FOUR THOUSAND TWO HUNDRED AND 00/100 ($54,200.00)
DOLLARS for the purposes of performing the triennial revaluation of real and personal
property and to authorize the Town Administrator to solicit bids and/or proposals, enter
into a contract or contracts and expend said funds for this purpose, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Assessors)
TOWN CLERK’S FEE SCHEDULE BYLAW
ARTICLE NO. 13: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 20, Article I, Section 20-1 (Enumeration of Fees), so that
it will read hereafter as follows (Changes to the current fee schedule bylaw are
bolded and highlighted):
Fee Schedule
Categories: Current Proposed
(1) For filing and indexing assignment $10.00 $10.00
for the benefit of creditors
(11) For entering amendment of a record $10.00 $10.00
of the birth of a child born out of
wedlock subsequently legitimized
(12) For correcting errors in a record of $10.00 $10.00
birth
(13) For furnishing certificate of a birth $5.00 $10.00
(13A) For furnishing an abstract copy of a $4.00 $4.00
record of birth
(14) For entering delayed record of birth $10.00 $20.00
(20) For filing certificate of a person con- $20.00 $30.00
ducting business under any title other
than his real name
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(21) For filing by a person conducting $10.00 $15.00
business under any title, other than his
real name, of statement of change of his
residence or of his discontinuance,
retirement or withdrawal from, or of, a
change of location of such business
(22) For furnishing certified copy of certificate $5.00 $5.00
of person conducting business under any
title other than his real name or a statement
by such person of his discontinuance,
retirement or withdrawal from such business
(24) For recording the name and address, the $20.00 $20.00
date and number of the certificate
issued to a person registered for the
practice of podiatry in the commonwealth
(29) For correcting errors in a record of death $10.00 $10.00
(30) For furnishing a certificate of death $5.00 $10.00
(30A) For furnishing an abstract copy of a $4.00 $4.00
record of death
(42) For entering notice of intention of $15.00 $25.00
marriage and issuing certificates thereof
(43) For entering certificate of marriage $5.00 $5.00
filed by persons married out of the
commonwealth
(44) For issuing certificate of marriage $5.00 $10.00
(44A) For furnishing an abstract copy of a $4.00 $4.00
record of marriage
(45) For correcting errors in a record of $10.00 $10.00
marriage
(54) For recording power of attorney $10.00 $20.00
(57) For recording certificate of registration $20.00 $20.00
granted to a person to engage in the
practice of optometry or issuing a
certified copy thereof
(58) For recording the name of the owner of a $20.00 $20.00
certificate of registration as a physician
or osteopath in the commonwealth
(62) For recording order granting locations $40.00 $40.00
of poles, piers, abutments or conduits,
alterations or transfers thereof, and
increase in number of wires and cable or
attachments under the provisions of
Section 22 of Chapter 166
Each additional company $5.00 $5.00
Each additional street $25.00 $25.00
(66) For examining records or papers relating $5.00 $10.00
to birth, marriage or death upon the
application of any person:
the actual expense thereof, but not less than
(67) For copying any manuscript or record $5.00 $5.00
pertaining to a birth, marriage or death,
per page
(69) For receiving and filing of a complete
inventory of all items to be included in a
closing out sale, etc.
First page $10.00 $10.00
Additional page $2.00 $2.00
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(75) For filing a copy of written instrument $20.00 $20.00
or declaration of trust by the trustees of
an association or trust, or any amendment
thereof as provided by Section 2, Chapter 182
(78) For recording deed of lot or plot in a $10.00 $10.00
public burial place or cemetery
(79) Recording any other documents
First page $10.00 $10.00
Additional pages $2.00 $2.00
Voter's certificate $5.00 $5.00
or to take any other action relative thereto.
(Majority Vote Required) (Town Clerk)
TOWN MEETING SCHEDULE BYLAW
ARTICLE NO. 14: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 48, Article I, Section 48-1, which currently reads as
follows:
§ 48-1. Designation of time. The town will hold two regularly scheduled Town
Meetings. The Spring Annual Town Meeting for the transaction of all business for the
town, other than matters to be determined by ballot, shall be held on the first
Monday in May at 7:00 p.m. The Annual Election for the election of officers and such
matters as are by law determined by ballot shall be held on the third Tuesday in
May. The Fall Yearly Town Meeting will be held the third Monday in November to
address the transactions of all business for the town. Whenever this schedule places
it in the same week as Thanksgiving Day, the Fall Yearly Town Meeting shall be held
instead on the second Monday in November.
by adding the following after the third sentence:
Whenever the Annual Election for the election of officers and such matters as are by
law determined by ballot falls fewer, than two weeks after the scheduled beginning
of the Spring Annual Town Meeting then the Annual Election shall be held on the
fourth Tuesday in May.
or to take any other action relative thereto.
(Majority Vote Required) (Town Clerk)
TOWN CODE AMENDMENT / GOLF COMMISSION
ARTICLE NO. 15: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 6, Article 5 (Golf Commission), Section 6-5
(Appointment; terms), by repealing the paragraph reading as follows:
The Board of Selectmen shall appoint a Golf Commission of five members and two
alternates, to serve as the policy-making board of the Captains Golf Course. Each
member shall be appointed for a staggered term of three years; alternates shall be
appointed for a term of two years. Reappointment at the end of a term shall be
determined by the Selectmen. All vacancies shall be filled by the Board of
Selectmen. The Board of Selectmen may appoint a member to serve the unexpired
term of a former member.
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and by substituting for it the following:
The Board of Selectmen shall appoint a Golf Commission of seven members to serve
as the policy-making board of the Captains Golf Course. Each member shall be
appointed for a staggered term of three years. Reappointment at the end of a term
shall be determined by the Selectmen. All vacancies shall be filled by the Board of
Selectmen. The Board of Selectmen may appoint a member to serve the unexpired
term of a former member.
or to take any other action relative thereto.
(Majority vote required) (Board of Selectmen)
HEALTH CARE CONTRIBUTION
ARTICLE NO. 16: To see if the town will vote to amend its amend May 12, 1980
Annual Town Meeting Article 24 vote to pay 75% of the town’s employees’ group life and
health insurance premiums by authorizing the Board of Selectmen to reduce the rate to
65% for traditional, indemnity-type, group health insurance plan premiums but without
lowering the 75% rate for other insurance plans, or to take any other action relative
thereto.
(Majority vote required) (Board of Selectmen)
REGULATORY MEETINGS BYLAW
ARTICLE NO. 17: To see if the Town will vote to accept Chapter 79 of the Acts of
2006, entitled “An Act Further Regulating Meetings of Municipal Boards,” which amends
MGL Chapter 39, by adding the following new section 23D as follows:
(a)Notwithstanding any general or special law to the contrary, upon municipal
acceptance of this section for 1 or more types of adjudicatory hearings, a member
of any municipal board, committee or commission when holding an adjudicatory
hearing shall not be disqualified from voting in the matter solely due to that
member’s absence from no more than a single session of the hearing at which
testimony or other evidence is received. Before any such vote, the member shall
certify in writing that he has examined all evidence received at the missed session,
which evidence shall include an audio or video recording of the missed session or a
transcript thereof. The written certification shall be part of the record of the
hearing. Nothing in this section shall change, replace, negate or otherwise
supersede applicable quorum requirements.
(b)By ordinance or by-law, a city or town may adopt minimum additional requirements
for attendance at scheduled board, committee, and commission hearings under this
section.
and to apply this statute hereafter to all adjudicatory hearings conducted by the Town’s
boards, committees, councils, and commissions or to take any other action relative thereto.
(Majority Vote Required) (Board the Selectmen)
TOWN BYLAW AMENDMENT / WETLANDS PROTECTION
ARTICLE NO. 18: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 172, Article 1 (Wetlands Protection), Section 172-7B
(permits), sub-section (1), by repealing the sub-paragraph reading as follows:
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B. Permits
(1) Permits shall expire three (3) years from the date of issuance. Any permit
may be renewed once for an additional one-year (1) period, provided that a
request for an extension is received, in writing, by the Commission prior to
expiration of the permit.
and by substituting for it the following:
B. Permits
(1) Permits shall expire three (3) years from the date of issuance. Any permit
may be renewed for additional one-year (1) periods, provided that a
request for an extension is received in writing, by the Commission 30 days prior to
expiration of the permit.
or to take any other action relative thereto.
(Majority Vote Required) (Conservation Commission)
ZONING BYLAW AMENDMENT / WETLANDS CONSERVANCY DISTRICT
ARTICLE NO. 19 To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article II Establishment of Districts, Section
179-6 Wetlands Conservancy District , Subsection B, Locations and boundaries, by
removing the (1) designation before the first paragraph and by repealing the second
paragraph which reads as follows:
Wetlands Conservancy Districts shall also include the following soil types and soil
associations, the location and boundaries are shown by overlay map sheets 11,16,17, 18
and 22 encompassing the Town of Brewster and found in the “Soil Survey of Barnstable
County, Massachusetts” issued March 1993 by the United States Department of Agriculture,
Soil Conservation Service which survey is hereby made a part of this Chapter: Amostown
(AmA); Beaches(Bh); Belgrade Silt Loam (BIB); Berryland(Bma); Boxford(BoA)(BoB);
Deerfield(DeA); Dune Land(Dn); Freetown(Fm,Ft); Freetown and Swansea(Fs);
Hooksan(HoC, HoD); Ipswich, Pawcatuck and Matunuck(ImA);Maybid(MaA, MbA);
Pipestone(PeA); Scitico(ScA); Sudbury (SdA); and Walpole(WvA). Soil descriptions as well
as their land uses and limitations are found in this survey. [Amended 5-9-1988 ATM, Art.
95; 5-8-1989 ATM, Art. 46; 10-15-1990 STM, Art. 4; 11-19-2001 FTM Art. 17]
or take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT/CORRIDOR OVERLAY PROTECTION DISTRICT
ARTICLE NO. 20: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article XII Corridor Overlay Protection
District, Section 179-67 Transportation, trip reduction, access parking, landscaping and
appearance standards, Subsection D Parking design standards, by repealing the paragraph
reading as follows:
(2) “The SPGA is authorized to relax any and all of the numerical standards
established by 179-23 (Parking and loading lot standards), provided that the
SPGA believes that:”
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And by substituting for it the following:
(2)“Through provisions of its special permit, the SPGA is authorized to relax any
and all of Numerical standards established by Section 179-22, Parking and
loading requirement tables, and by Section 179-23, Parking and loading lot
standard, if the SPGA finds that:”
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT/SPECIAL PERMITS
ARTICLE NO. 21: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement,
Section 179-51 Special permits, by repealing in Subsection A the third sentence, which
reads:
“If a Special Permit is also required from the Planning Board acting as SPGA under
Article XII, Corridor Overlay Protection District, or Section 179-40.1 of Article IX
(Personal Wireless Services and Communication Facilities Bylaw, the applicant will
not be required to also obtain a Special Permit from the Board of Appeals under this
Section 179-51 and the Planning Board, acting as SPGA, will apply the provisions of
this Section 179-51 in those cases, as appropriate, so that all requested relief can be
addressed in a single proceeding”
And by substituting for it the following:
“If an applicant needs a special permit from the Planning Board acting under either
Article IX Special Regulations, Section 179-40.1, Personal Wireless Services and
Communication Facilities Bylaw, or Article XII, Corridor Overlay Protection District,
and another special permit from the Board of Appeals, the applicant may file a
single, combined, special permit application with the Planning Board, and in those
instances, the Planning Board is authorized to grant all special permit relief in one
proceeding and decision. The applicant shall comply with all requirements, and the
Planning Board shall apply the appropriate criteria, including the criteria of Section
179-51, to the various components of such an application;”
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT/CORRIDOR OVERLAY PROTECTION DISTRICT
ARTICLE NO. 22: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article XII Corridor Overlay Protection
District, Section 179-66 Use regulations, Subsection B Special permit uses, by repealing
paragraph (4), reading as follows:
(4)“When a project requires a permit for a change in nonconforming use
authorized by 179-28 of the Zoning Bylaw, as well as a special permit under a
separate section of this Article, the proponent shall be able to obtain a single
special permit, provided that the proposed use meets the conditions of this
Article. In this instance only, the Board of Appeals shall be the SPGA.”
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And by substituting for it the following new paragraph (4):
(4) “If the project proponent needs both a special permit from the Planning
Board acting under this Article and a special permit from the Board of Appeals
acting under Article VIII Nonconforming Uses, Structures and Lots, Section
179-28 Change of nonconforming uses, Subsection A, the proponent may file
a single, combined, special permit application with the Planning Board, and in
those instances, the Planning Board is authorized to grant all special permit
relief in one proceeding and decision. The proponent shall comply with all
pertinent requirements, and the Planning Board shall apply the appropriate
criteria to the different components of such an application:”
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT / SPECIAL PERMITS
ARTICLE NO. 23: To see if the Town will vote to amend the code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article II Establishment of Districts, Section
179-6 Wetland Conservancy District, Subsection D Permitted uses, by adding the following
as the ninth numbered use:
Notwithstanding the prohibition against any land filling or dumping of any soil, peat
9.
sod, gravel rocks or other mineral substances in Paragraph E. (4) below, land filling or
dumping of any gravel, rocks, sand or other mineral substance is permitted for property
owners for the sole purpose of repairing or re-nourishing of bay front beaches after
storm damages.
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT / RESTAURANT DEFINITION
ARTICLE NO. 24: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article I General Provisions, Section 179-2
Definitions, Subsection B, by removing the present definition of a Restaurant, Section 179-
2.(b) and in its place adding in the proper alphabetical position the following new
definitions:
RESTAURANT, FULL SERVICE – An establishment in which food is prepared and
served and customers’ orders are taken and served at dining tables and where
customers pay after eating. A restaurant that otherwise satisfies the above noted
definition may contain one (1) takeout station. None of this type of establishment
shall provide drive through windows or in-car service or service areas.
RESTAURANT, LIMITED SERVICE – A Limited Service Restaurant is an
establishment primarily engaged in providing food services where patrons generally
order or select items and pay before eating. Examples of such establishments
include:
Take Out Restaurants (1) at which orders are taken and food is prepared, (2)
at which food is sold to customers to be eaten elsewhere off the premises,
and (3) does not have an in-car, drive-through service or service area. None
of this type of establishment shall provide drive through windows or in-car
service or service areas.
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Fast Food restaurants (1) at which orders are taken and food is prepared, (2)
at which food is sold to customers to be eaten on premises or elsewhere off
the premises, and (3) does not have an in-car, drive-through service or
service area; Pizza Delivery Services, Non-alcoholic Beverage Bars, Ice Cream
Parlors, Sandwich Shops, Carryout Cookie Shops and Bagel Shops with on
premises baking are all examples of this category. None of this type of
establishment shall provide drive through windows or in-car service or service
areas.
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMEN T/ USE TABLE
ARTICLE NO. 25: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article IV Use Regulations, Section 179-11
Table of Use Regulation, Subsection B, Table 1 Use Regulations, removing under the Retail
and Service (except as provided in 179-36), Item number 3. Restaurant and Lounge
[Amended 5-14-1990 STM, Art.6] and adding under the “Retail and Service (except as
provided in 179-36)” heading the new entries of:
3.
Restaurant-
Full Service and Lounge R-R R-L R-M C-H V-B I MRD PWS CF
S S S
3.1 Restaurant, R-R R-L R-M C-H V-B I MRD PWS CF
Limited Service S S S
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT / VIOLATIONS AND PENALTIES
ARTICLE NO. 26: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement,
by repealing Section 179-49 Violation and penalties, which reads as follows:
“If the notice of violation and order is not complied with promptly, the Inspector of
Buildings or his designee shall, through the Board of Selectmen and town Counsel,
institute the appropriate action or proceeding at law or in equity to restrain, correct
or abate such violation. Any person, trust or other enterprise who violates or
refuses to comply with any of the provisions of this chapter, any of the conditions
under which a permit is issued or any decision rendered by the Board of Appeals
may be fined by the Inspector of Buildings a sum of up to three hundred ($300)
dollars for each offense, unless otherwise noted in this chapter.”
And by substituting for it the following:
“For zoning violations of building permits, special permits, variances, certificates of
occupancy, orders, by-laws, and statutes, or the conditions of any other permit or
Certificate issued under this Bylaw, the Building Commissioner may impose fines and
institute enforcement actions, either criminal or civil, either legal or equitable or
both. Each day the violation continues shall be a separate offense.”
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
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ZONING BYLAW AMENDMENT / EXPIRATION OF SPECIAL PERMITS
ARTICLE NO. 27: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement,
Section 179-51 Special permits, by repealing Subsection B, reading as follows:
“Special permits shall lapse within twenty-four (24) months of special permit
approval (plus such time required to pursue or await the determination of an appeal
referred to in MGL C.40A, 17, from the grant thereof) if a substantial use therefore
or construction has not began, except for good cause”
And by substituting for it as a new Subsection B the following;
“Not counting the period of an appeal, special permits shall lapse twenty-four (24)
months after they are available to the applicant unless (a) a substantial use of the
special permit has begun (b) construction has started and has proceeded as
reasonably practical, or (c) the special permit holder demonstrates to the special
permit granting authority good cause for not complying with (a) or (b). Special
permits may specify a date or dates by which events must occur or construction
must be completed in order for the special permit holder to avoid the lapse of that
special permit.”
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT / DIRT ROAD BYLAW
ARTICLE NO. 28: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article VIII Nonconforming Uses, Structures
and Lots, Section 179-26 “Residential lots of record,” Subsection D, “Pre-existing lots of
record lacking street frontage,” to confirm that the special permit granting authority must
evaluate physical access, not legal access, by amending its paragraphs and subparagraphs
as follows;
by inserting the word “physical” before the word “access” each of the three times it
appears in subparagraph (1)(c);
by inserting the work “physically” before the word “adequate” in subparagraphs (2)(a),
(2)(b), and (2)(c);
and by inserting the word “physical” before the word “access” in the first sentence of
paragraph (3),
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT / AREA AND BULK REGULATIONS
ARTCILE NO. 29: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article V Area and Bulk Regulations, Section
179-16 Tables of Regulations, Table 2 Area Regulations, by placing the entries for “Row
house and townhouse” above, rather than below, the entries for “Any other permitted
structure or principal use” and by changing the entry in the Use column for the I district to
read “Any permitted structure or use, other than those listed above for the CH Zone
(footnote 9)”; or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
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ZONING BYLAW AMENDMENT / ENFORCEMENT
ARTICLE NO. 30: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement,
by deleting the reference in Section 179-43 Enforcement, the two references in Section
179-44 Action by Zoning Agent, the reference in Section 179-48 Notice of violation to the
“Inspector of Buildings” and by substituting in each instance a reference to the “Building
Commissioner;” or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT
ARTICLE NO. 31: To see if the town will vote to amend Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article IX Special Regulations, Section 179-
38 Planned Business Development or row commercial, by repealing Subsection B and by
substituting for it the following:
Uses in a planned business development shall, and in row commercial development
may, be contained in more than one (1) building. Each building shall be separated
from another by at least twenty-four (24) feet and each building shall have a
minimum footprint of 500 sf.
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT
ARTICLE NO. 32: To see if the town will vote to amend Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article I General Provisions, Section 179-2
Definitions, by repealing in Subsection B the definition of Row Commercial and by
substituting for it the following:
A structure or structures containing more than one commercial unit, each unit
divided from others by fire walls, separation walls or other walls, or by being in a
separate building so as to be separate and distinct from each other unit. Each unit
contained shall be a permitted use and may be separately owned.
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
ZONING BYLAW AMENDMENT
ARTICLE NO. 33: To see if the Town will vote to amend the Code of the Town of
Brewster, Massachusetts, Chapter 179 Zoning, Article V Area and Bulk Regulations, Section
179-16 Tables of regulations, Table 2 Area Regulations, by repealing the first and second
sentences in Note 1 and by substituting for them the following.
In general, only one (1) principal structure shall be permitted on one (1) lot. The
exceptions are planned residential developments, row commercial development,
subsidized elderly housing, planned business developments, community facilities and
public utilities.
or to take any other action relative thereto.
(Two-Thirds vote required) (Planning Board)
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STABILIZATION FUND
ARTICLE NO. 34: To see if the Town will vote to transfer from available funds a
sum of money to add to the Stabilization Fund, or to take any other action relative thereto.
(Two-Thirds Vote Required) (Board of Selectmen)
ANY OTHER BUSINESS
ARTICLE NO. 35: To act on any other business that may legally come before this
meeting.
(Majority Vote Required) (Board of Selectmen)
And you are hereby directed to serve this Warrant with your doings thereon to the Town
Clerk at the time and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster affixed this 16th
day of October, 2006.
Dyanne F. Cooney, Chairman
Edward S. Lewis, Vice-Chairman
James R. Ehrhart, Clerk
Peter G. Norton
James W. Foley
I, Roland W. Bassett, duly qualified Constable for the Town of Brewster, hereby
certify that I served the Warrant for the Special Town Meeting of November 13, 2006 by
posting attested copies thereof, in the following locations in the Town on the
day of October__, 2006:
Brewster Town Offices
Brewster Farms
Brewster Ladies Library
Brewster Pizza House
The Brewster Store
Millstone Liquors
U. S. Post Office.
Roland W. Bassett, Constable
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