HomeMy Public PortalAbout2006-11-13-Special Town Mtg Report
Report of the
Special Town Meeting
th
November 13, 2006
In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook
th
Elementary School Cafetorium, Monday, November 13, 2006.
The meeting was called to order at 7:05p.m. by the Moderator, Stephen L. Doyle. The
Tellers were June Gallant, Peter Scheffer, Pat Galante, Sheila Gerhardt, Philip Kerrivan,
and Ruth Hanlon. The Checkers were Maureen Steinmann, Nancy Berbrick, John
Unger, Joanne Hush, Elizabeth Hardy, Ann Golini, Janet Norton, Colette Williams, and
Gennaro Tursi.
A quorum was present.
The Town Clerk, Mildred A. Unger, read the Special Town Meeting Warrant and the
return of the Warrant. There being no objection, the Moderator dispensed with the
reading of all the articles.
MOTION: I move that the town vote to approve the Consent Calendar, which
includes articles no. 20, 21, 22, 23, 29 & 30 as printed in the warrant.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 1 as printed in the
warrant and transfer the sum of $1,988.00 from Free Cash and $317.00 from
the Ambulance Receipts Reserved for Appropriation account for these
purposes.
ACTION: Adopted Unanimously
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.
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)
MOTION: I move that the town vote to approve article no. 2 and to transfer
the sum of $90,800.00 as printed in the warrant for this purpose.
ACTION: Adopted Unanimously
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
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)
MOTION: I move that the town vote to approve article no. 3 as printed in the
warrant, and to appropriate the total sum of $1,079,350.00.00 for these
purposes, and in order to appropriate this total sum that the town transfer
the sums of $489,900.00 from Free Cash, $10,000.00 from the Sale of
Cemetery Lots fund, $222,650.00 from the Golf Receipts Reserved for
Appropriation account, $176,800.00 from the Water Revenue account and
$180,000.00 from the Ambulance Receipts Reserved for Appropriation
account.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 4 as printed in the
warrant and to transfer the total sum of $75,375.00 from the Fund Balance
Reserved for Historic Preservation account.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 5 as printed in the
warrant and to transfer the sum of $61,000.00 from Free Cash for this
purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 6 as printed in the
warrant and to transfer the sum of $31,500.00 from Free Cash for this
purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 7 as printed in the
warrant and to transfer the sum of $3,000.00 from Free Cash for this
purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 8 as printed in the
warrant and transfer the sum of $12,000.00 from Free Cash for this purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 9 as printed in the
warrant and to transfer the sum of $289,596.00 from available funds for this
purpose.
:
ACTIONAdopted Unanimously
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:
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)
MOTION: I move that the town vote to approve article no. 10 as printed in
the warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 11 as printed in
the warrant.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 12 as printed in
the warrant and to transfer the sum of $54,200.00 from Overlay Surplus for
this purpose.
ACTION: Adopted
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
(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
(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)
MOTION: I move that the town vote to approve article no. 13 as printed in
the warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 14 as printed in
the warrant, however that the comma in the second line of the proposed
third sentence be deleted.
ACTION: Adopted Unanimously
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.
and by substituting it for 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)
MOTION: I move that the town vote to approve article no. 15 as printed in
the warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 16 as printed in
the warrant.
ACTION: Adopted
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)
MOTION: I move that the town vote to approve article no. 17 as printed in
the warrant.
ACTION: Adopted Unanimously
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:
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)
MOTION: I move that the town vote to approve article no. 18 as printed in
the warrant.
ACTION: Adopted Unanimously
ICT
ZONING BYLAW AMENDMENT / WETLANDS CONSERVANCY DISTR
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)
MOTION: I move that the town vote to approve article no. 19 as printed in
the warrant.
ACTION: Defeated Yes-64 No-167
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:”
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)
MOTION: Moved under the Consent Calendar
ACTION: Adopted by a declared 2/3 vote
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)
MOTION: Moved under the Consent Calendar
ACTION: Adopted by a declared 2/3 vote
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.”
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)
MOTION: Moved under the Consent Calendar
ACTION: Adopted by a declared 2/3 vote
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)
MOTION: Moved under the Consent Calendar
ACTION: Adopted by a declared 2/3 vote
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.
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)
MOTION: I move that the town vote to approve articles no. 24 & 25 as
printed in the warrant
ACTION: Adopted Unanimously
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)
MOTION: Moved in the motion of article 24.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 26 as printed in
the warrant.
ACTION: Adopted by a declared 2/3 vote
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)
MOTION: I move that the town vote to approve article no. 27 as printed in
the warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 28 as printed in
the warrant.
ACTION: Adopted Unanimously
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)
MOTION: Moved under the Consent Calendar
ACTION: Adopted by a declared 2/3 vote
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)
MOTION: Moved under the Consent Calendar
ACTION: Adopted
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)
MOTION: Moved with the motion of article 33.
ACTION: Adopted Unanimously
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)
MOTION: Moved with the motion of article 33.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve articles no. 31, 32 & 33 as
printed in the warrant.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to approve article no. 34 as printed in
the warrant and to transfer the sum of $1,000,000.00 from Free Cash for this
purpose.
ACTION: Adopted Unanimously
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)
MOTION: I move that the town vote to dissolve the 2005 Fall Special Town
Meeting.
ACTION: Adopted Unanimously
A TRUE COPY ATTEST:
Mildred A. Unger
Town Clerk