HomeMy Public PortalAbout1987-03-09 Special Town Mtg Warrant �s
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OVERVIEW TO ARTICLES 1 - 4
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The Land Acquisition proposals embodied in Articles 1 , 2 ,
} 3 and 4 , represent the results of a two-year planning effort by
the Land Acquisition Committee to protect watershed , environ-
mental. , recreational and other public values in the large
undeveloped tract of land known as the "Pwkhorn" in Brewster ' s
southwest "RR" Zoning District .
This effort was mandated in a Moratorium By- law on further
development enacted at Town Meeting in May of 1985 , which
declared this district a "highly sensitive area which shall be
the subject of study and research by the Town . " ( The Moratori -
tun will expire on June 30 , 1987 . )
Since that time , the Land Acquisition with its staff- and
professional consultants have researched mapped and
interpreted the water resources , extensive wetland systems ,
soil characteristics , wildlife communities , endangered species
habitat , archeological and historic components and recreational
potential for this unique area .
It has identified some 800 acres within the district whose
environmental significance and. value for public use and benefit
merit acquisition by the Town . Some 180 acres have already
beer. acquired to date , and another 590 are recommended for
acquisition in Articles 1 - 4 .
Favorable action on these articles T07111 result in the
preservation of a diverse ecological system with a multitude of
ecological and human values being preserved for our and future
generations . The L . A . C . believes this to be a rare opportunity
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that if not acted upon now , will soon be lost .
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Articles 1 - 4 are explained in detail. on the following
pages .
NOTE : V . I . = Voter Information .
Finance Committee Recommendations were unavailable at time of
printing ,
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SPECIAL TOWN MEETING
LARCH 99 1987
& `Berger , Inc . , Registered Land Surveyors and Professional
Engineers , 260 Cranberry Highway , Orleans , MA.' ° and shown as
< Article 1 on said plan ; to appropriate the sum of Three million
Barnstable , ss six hundred twenty-nine thousand and 00 / 100 ( $ 3 , 62. 99000 . 00 )
TOe Roland W . Bassett Dollars for the Land Acquisition costs and to appropriate a
Constable of the Town of Brewster J' further certain sum of money for such purchase and related
expenses and costs , including financing costs and the costs of
Greetings : issuing temporary notes related thereto ; to authorize the
Treasurer , with the approval of the Board of Selectmen , to
In the name of the Commonwealth of Massachusetts you borrow a certain star of money under and pursuant to Chapter 44 ,
are hereby directed to notify and warn the inhabitants of the Section 7 of the General Laws or any other enabling authority
Town of Brewster qualified to vote in Town affairs to meet at and to issue bonds or notes of the Town therefor ; to raise and
the Brewster Elementary School Cafetorium , on Monday , the ninth appropriate a sum of money for the purpose of preparing ,
day of March next at 7 : 00 p . m . o ' clock in the evening , then and issuing , and marketing the bonds and notes and for the purpose
there to act upon the :following articles : . . of paying interest on notes issued in anticipation thereof ; to
accept and expend any finds which may be provided by the
ARTICLE 1 . To see if the Town will vote to authorize the IN Commonwealth from pending self-help grants , so- called , from the
Board of Selectmen to acquire by purchase or by gift or to take Commonwealth to defray a portion of the costs of acquiring this
by eminent domain under Massachusetts General Laws , Chapter 79 , r property , provided that the amount of bonds or notes authorized
and any other authority for conservation purposes , passive I hereunder shall be reduced by the amount of any such grant
recreation , and watershed protection , as provided in Chapter ' ; received prior to the sale of such bonds or notes ; and to
40 , Section 8C of the General Laws , the property consisting of. authorize the Conservation Commission to manage and control the
a series of parcels being the Greater Punkhorn in the area of property described herein ; provided that no money shall be
Walker ' s U er Mill and Seymour Ponds , containin an area of expended or borrowed under this vote unless the. Town shall have
approximately g
y 319 . 4 acres , , more or less , made up of approxi - voted at a regular or special. election to exemptthe amounts
mately 43 parcels listed on the surveyor ' s sketch plan track required to pay the bonds and notes from the limitations of
numbers , ( cross referenced to Town of Brewster Assessors % _; Proposition 2z , so- called ,
records as map and lot numbers ) 1B061 , 1B0629 1B0639 180649
i (Map 39 Lots 20 , 21 , 229 & 23 ) 9 1B069 (Map 39 Lot 53 ) , 18071 ( Land. Acquisition Committee )
(Map 39 Lot 16 ) , 1B072 (Map 39 Lot 37.- 1 ) , 1B073 (Map 39 Lot
37 - 2 ) , 1B074 (Map 39 Lot 37 - 3 ) , 1B075 , 1B076 , 1B077 , 1B078 , V . I . : This Article , and the follour, ng three Articles
1B079 (Map 39 Lot 36 [ 5 separate lots ] ) , 1B038 (Map 39 Lot 34 ) , represent the culmination of the Land Acquisition Caimli_ttee s
1B084 (Map 39 Lot 41 ) , 18094 (Map 39 Lot 38 - 1 ) , 1B095 (Map >39 effort as charged by Town Meeting direction to make
Lot 38 ) 9 1B036 (Map 39 Lot 33 ) , 1B023 (Map 51 Lot 23 ) 9 1B028 recommendations on the acquisition of land in Brewster ° s
(Map 39 Lot 32 ) , 1B034 (Map 39 Lot 29 ) 9 1B035 ( Lot 39 Map 30 ) south-west ° 'RP."" Zoning District (Moratorium Area ) . The effort
1B016 , (Map 38 Lot 40 ) 1B017 ( Lot 38 - Map- 39 ) , 1B015 (Map 38 Lot over the last year and one
has studied the largest
4119 1B014 (Map 38 Lot 38 ) , 1B013 (Map 38 Lot 37 ) 9 1B033 (Map unprotected natural area on Cape Cod ( over 1 , 000 acres ) .
39 Lot 26 ) , 1B057 (Map 39 Lot -18 ) , 1B004 (Map 38Lot79 ) , 1B009 Having been utilized by people for the past 9 , 000 years , it
(Map 38 Lot 88 ) , 1B030 (Map 50 Lot -1 ) , 1B031 (Map 50 Lot 59 ) , provides a. unique and increasingl,r rare record of Brewster and
1B101 (Map 50 Lot 5 ) , 1B039 (Map 50 Lot 4 ) , 1B085 (Map 39 Lot the. Cape ° s r�tanan and natural heritage .
42 ) 9 1B087 (Map 39 Lot-_ 46 ) 9 1B105 (Map 50 Lot 11 ) , 1B100 (Map Ercompassirg a wide range of upland and wetland. habitats
50 Lot 41 ) , 1B099 (Map 50- Lot - 15 ) , 1B89 (Map 39 hot - 44 ) , 1B096 for significant plant and animal life , the area overlies a puce
(Map 39 Lot 43 ) , I.B082 (Map 39 Lot 10 ) , 1B 121 (Map 50 Lot 25 ) groundwater resource for major present and future Town. wells .
1B119 (Map 50 Lot 22 ) , 1B118 (Map 50 Lot 19 ) , 1B090 (Map 39 Lot The ground and ;surface waters feed into Great Ponds , which
50 ) , 1B091 (Map 39 Lot 51 ) , 1B092 (Map 39 Lot 52 ) , 1B093 (Map border both sides of this area , and link to two important
50 Lot 20 ) , the area being shown on a plan of land for the Town herring systems on opposite sides of the Cape . ' The exceptional
of Brewster entitled "A Sketch Showing Article 1 , 2 , 3 , 49 ecological diversity and aesthetic beauty of this natural area .
Special Town Meeting March 9 , 1987 prepared for Land provides unsurpassed land and water-based recreational , conser -
Acquisition Committee February 9 , 1987 , 1 = 400 ° , Nickerson nation and watershed. protection opportunities for the Town of
4 Brewster and the entire Cape .
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Article 1 has been structured to focus on critical ' .
environmentally sensitivee land that is recommended to be put
Linder the control and management of the Conservation V . I . : Article 2. has been structured to reflect a unique
Camnmission . separate environment that contains unusual opportunities for
active recreation as well as conservation and watershed
protection uses . This area includes a series of small kettle
ARTICLE 2 . To see if the Town will vote to authorize the ponds and wetlands .
Board of Selectmen to acquire by purchase or by gift or to take y The area is a portion of the Sandwich glacial moraine that
byeminent domain under Massachusetts General Laws , Chapter 79 , was recognized by early settlers for its rock quarry resources .
and any other authority and to commit to the control of the It is utilized today with its varied topography and scenic
Town of Brewster Board of Selectmen , for conservation , recre- values for activities such as horse-back riding , hiking and
ation , and watershed protection purposes the property being exploration of small but undisturbed kettle ponds . The Article
land generally described as the Tucker ' s -Calf Field Ponds area j is designed to be under the control of the Brewster Board of
containing 127 . 4 acres , more or less , and. containing approxi - Selectmen since it has potential. capacity for other compatible
mately 8 parcels listed as having the surveyor ' s sketch plan public uses that have yet to be given a detailed study for
track numbers and ( cross referenced to Town of Brewster Asses - possible Town approval in the, future .
sors records as map and lot numbers ) e 2.B01 (Map - 36 Lot 66 ) ,
2B04 (Map 39 Lot 8 ) , 2B02 (Map 35 Lot 65 ) , 2B07 (Map 40 L,ot
96 ) , 2B05 (Map 35 Lot 100 ) , 2B03 (Map 35 Lot 66 ) , 2B06 (Map 35 ARTICLE 3 . To see if the Town will vote to authorize the
Lot 117) , and 2B08 (Map 40 Lot 1 ) , the area being shown on a Board of Selectmen to acquire by purchase or by gift or to take
plan ' of land for the Town of Brewster entitled "A Sketch by eminent domain under Massachusetts General haws , Chapter 79 ,
Showing Article 1 , 2. , 3 , 4 , Special Town Meeting March 9 , 1987 and any other authority for conservation purposes , passive
prepared for Land Acquisition Committee February 9 , 1987 , 1 " _ recreation , and watershed protection purposes and to commit to
400Nickerson & Berger , Inc . , Registered Land Surveyors and the jurisdiction and control of the Town of Brewster Water
Professional Engineers , 260 Cranberry Highway , Orleans , MA" and Department the property being land in. Southwest Brewster , in an
shown as Article 2 on said plane, pp
to appropriate the stun of One area near the Towns of Brewster /Harwich town line area , South
million two hundred eighty thousand and 00 / 100 ( $ 192809000 . 00 ) of the Greater I? orn , containing an area of approximately
Dollars for the Land Acquisition costs and to appropriate a 57 . 3 acres , more or less , and listed as having the surveyor ' s
further certain stun of money for such purchase and related sketch plan track numbers and cross referenced as follows to
expenses and costs , including financing costs and the costs the Town of Brewster Assessors records as map and lot numbers :
of issuing temporary notes related thereto , to authorize the 1.B081 (Map 39 Lot J1 ) , 18110 (Map 50 Lot 8 ) , 18111 (Map 50Lot
Treasurer , with the approval of. the Board of Selectmen to 49) and 18113 (Map 50 hot 48 ) , the area being shown. on a plan
borrow a certain sum of money Linder and pursuant to Chapter 44 , of land for the Town of Brewster entitled "A Sketch Showing
Section 7 of the General Laws or any other enabling authority Articles 1 , 2 , 3 , 4 , Special Town Meeting March 9 , 19879
and to issue bonds or notes of the Town therefore, to raise and prepared for Land Acquisition Committee February 9 , 1987 , 1 "
appropriate a stun of money for the purpose ofpreparing , = 400 ' , Nickerson & Berger , Inc . , Registered Land Surveyors and
issuing , and marketing the bonds and notes and for the purpose Professional Engineers , 260 Cranberry Highway , Orleans , MA" and
of paying interest on notes issued in anticipation thereof ; to shown as Article 3 on said plarme, to appropriate the sum. of Four
accept and expend any finds which may be provided by the hundred fifteen thousand and 00 / 100 ( $ 415 , 000 . 00 ) Dollars for
Commonwealth to defray a portion of the costs of acquiring this the land acquisition costs and to appropriate a further certain
property , provided that the amount of bonds or notes authorized sum of money for such purchase and related expenses and costs ;
hereunder shall be reduced by the amount of any such grant including financing costs and the costs of issuing temporary
received prior to the sale of such bonds or notes ; and to notes related thereto ; to authorize the Treasurer , with the
authorize the The Town of Brewster Board of Selectmen to manage approval of the Board of Selectmen , to borrow a certain sum of
and control the property described herein as set forth by stat- money under and pursuant to Chapter 44 , Section 7 of the
utee, provided that no money shall be expended or borrowed under General Laws or any other enabling authority and to issue bonds
this vote unless the Town shall have voted at a regular or or notes of the mown therefore, to raise and appropriate a sum
special election to exempt the amounts required to pay the of money for the purpose of preparing , issuing , and marketing
bonds and notes from the limitations of Proposition 22 , the bonds and notes and for the purpose of paying interest on
so - called . _ notes issued In anticipation thereof ➢ to accept and expend. any
funds which may be provided by the Commonwealth to defray a
( L,and Acqui_sit * Committee ) portion of the costs of acquiring this property , provided that
6 the amount of bonds or notes authorized hereunder shall be
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action relative thereto .
approximately 4 , 000 sq . ft . shown on the Assessor ' s Map 51A as
Lots 405 and. 406 ; from William L . Campbell and Constance C . (Water Commissioners )
Campbell a parcel_ of land in the south westerly portion of. Town V . I . : The money on hand is not ample to take the Water
and containing approximately 4 , 000 sq . ft . shown on the Asses - Department through Fiscal Year 87 .
sor ' s Map nuaber 51A. as Lots 403 and 404 ; and to authorize the
Conservation Commission to manage and control the propertyARTICLE 8 . To see if the Town will vote to raise and ap -
herein described , or to take any other action relative thereto , propriate and/ or borrow a sum or sums of money in order to pay
same or all of the initial expenses of the architectural and
( Land Acquisition Committee ) design services incurred or to be incurred in connection with
the remodeling of and the construction of additions to the
V . I . : Article. 5 is presented for the Town to formally Brewster Elementary School , or to take any other action rela-
recognize specific indi'Tiduals who have generously given land fivee thereto ,
to the Town of Brewster as a gift late in 1986 . All of these
parcels will be managed and controlled by the Conservation ( Brewster Elementary School Committee )
Commission .
V . I . : The purpose of this Article is to insure timely funding
I for the Brewster Elementary School additions and modifications .
ARTICLE 6 . To see if the Town will vote to accept as a Continued delays at the State Government level in providing
gift from the Manning Associates Trust , eleven parcels of land ( additional. funding to the School Building Assistance Bureau has
lying in the south westerly portion of the Town of Brewster and forced the State Board of Education to place "on hold" funding
shown on the Assessor ' s Map number 39 as : Lot 7 - 7 , containing � approval for new school projects til such funding is
0 . 062 acres ; Lot 7 - 8 , containing 1 . 382 acres ➢ Lot 7 - 9 , contain- available . The sum of money requested in this Article would be
ing 1 . 459 acres ; Lot 7 - 9A , containing 0 . 072 acres ; Lot 7 - 10 , ( a part of the original sum unanimously approved at the
containing 5 . 156 acres ; Lot 7 - 10A , containing 0 . 093 acres , Lot ' , September 1986 Special Town Meeting , ie . , this article is NOT
12 - 12 , containing 48 , 500 sq . ft . , Lot 12 - 13 , containing 3 . 93 asking to borrow additional. money .
acresy Lot 1. 2 - 14 , containing 40 , 200 sq . ft . , Lot 12 - 15 ,
containing 44 , 400 sq . ft . ; Lot 12 - 16 , containing 48 , 700 sq . ARTICLE 9 . To act upon any other business that may legally
ft . 9 and to authorize the Conservation Commission to manage and cow before this meeting .
control the property herein described , or to take any other !
action relative thereto . And you are hereby directed to serve the Warrant with
your doings thereon to the Town Clerk at the time and place of.
( Land Acquisition Committee ) said meetings as aforesaid .
V . I . : Article. 6 is presented for the Town to formally Given under our hands and seal of the Town of Brewster
recognize the Manning Associates Trust who have generously affixed this Thirteenth day of February , 1987
given land to the Town of Brewster as a gift late in 1986 . The
approximately sixteen ( 16 ) acres of land will provide an
important natural area linkage between the areas of Article 1 A true copy , ATTEST :
and. 2 , allowing for a physical connection by public nature
paths of these important areas . All of these parcels will be
managed and controlled by the Conservation Commission . Rita A . Lawler , Chairman
ARTICLE 7 . To see if the Town will vote to transfer the
Lawrence B . Doyle
star. of One hundred twenty thousand and 00 / 100 ( $ 120 , 000 . 00 )
pollars from the Water Receipts Reserved. f_ or Appropriation Peter S . Farber
Account to the Water Construction Account , to authorize the BPEWSTER BOARD OF SELECTMEN
expenditure thereof under the direction of the Water_ Depart -
meet , and to appropriate these funds for the construction of
new water mains for the extensi_or, of existing water mains , for I0i , Roland W . Bassett , duly qualified. Constable for the Town
the paynent of ti ;ater works projects and for the general en- of Brewster , hereby certify that I served the Warrant for the
harccment - of the Town ' s water system , or to take any other � 11
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