HomeMy Public PortalAboutSelect Board Meeting Packet - 10.18.2021Good morning All. Here are my updated charts, for data available through yesterday evening.
Cases and hospitalizations remain elevated. Barnstable County is receiving an average of 38 new cases per day (PCR-confirmed) and hospitalizations remain in
the 'teens. Statewide data reveal that approximately 1/3 of new cases and hospitalizations are among persons already vaccinated.
These data will be updated tomorrow evening:
Vaira Harik, M.S.
Assistant County Administrator
Barnstable County, MA
Email: vharik@barnstablecounty.org
Weekly Count of New COVID-19 Infections: March 8, 2020 –October 9, 2021
0
5
10
15
20
25
30
35
40
45
50
55
3/15-3/213/22-3/283/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/202/21-2/272/28-3/63/7-3/133/14-3/203/21-3/273/28-4/34/4-4/104/11-4/174/18-4/244/25-5/15/2-5/85/9-5/155/16-5/225/23-5/295/30-6/56/6-6/126/13-6/196/20-6/266/27-7/37/4-7/107/11-7/177/18-7/247/25-7/318/1-8/78/8-8/148/15-8/218/22-8/288/29-9/49/5-9/119/12-9/189/19-9/259/26-10/210/3-10/95 3 1 2 0 2 0 0 0
1 0 2 0 0 0 0
1 2
5
2 0 0 0 0
2 0 2 1 2 3
0 1
4
1 3
6 6
13
22
11
7
20
2425
53
24
20
8 8
5
1113
21
32
21
25
12
6 7
3 3 1 0 1 0 0 0 0
2 3 5
9
14
7 9
12
15
6
9 9 8
5
0
3 3
7
53
14
2 0 1 1 1 0 1 1 0
3
0 0
1
5
0 0
1 0 0 0 0
1 0 0 0 0 0 0 0
1 1 0 0 0 0 0
1 2 2 1 0 2 0 0 0 0 0 0 0 0
2 0 0 0 0 0 0 0 0 0 0 0 0 0
1 0 0 0 0 0 0 0 0 0 0
1
New Brewster COVID-19 Cases
Resident (567 Total)Long Term Care (112 Total staff & patients)
Ages of Brewster Residents with Active COVID-19 Infections
0-9 years (0)
0%
10-19 years (1)
12%
20-29 years (0)
0%
30-39 years (0)
0%
40-49 years (0)
0%50-59 years (1)
12%
60-69 years (2)
25%
70-79 years (3)
38%
80+ years (1)
13%
0-9 years (0)
10-19 years (1)
20-29 years (0)
30-39 years (0)
40-49 years (0)
50-59 years (1)
60-69 years (2)
70-79 years (3)
80+ years (1)
September 26 – October 2
% COVID Infections in Age Groups % COVID Infections in Age Groups
0-9 years (0)
0%10-19 years (0)
0%
20-29 years (0)
0%
30-39 years (2)
33%
40-49 years (0)
0%
50-59 years (1)
17%
60-69 years (2)
33%
70-79 years (0)
0%
80+ years (1)
17%
0-9 years (0)
10-19 years (0)
20-29 years (0)
30-39 years (2)
40-49 years (0)
50-59 years (1)
60-69 years (2)
70-79 years (0)
80+ years (1)
October 3 – October 9
BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 10/07/2021
Town Age Group Population
Proportion of
town
population
Individuals
with at least
one dose
Individuals
with at least
one dose per
capita
Proportion of
town
individuals
with at least
one dose
Fully
vaccinated
individuals
Fully
vaccinated
individuals
per capita
Proportion
of town fully
vaccinated
individuals
Partially
vaccinated
individuals
Partially
vaccinated
individuals
per capita
Proportion
of town
partially
vaccinated
individuals
Brewster 12-15 Years 369 4%256 69%3%225 61%3%31 8%4%
Brewster 16-19 Years 367 4%274 75%4%244 67%3%30 8%4%
Brewster 20-29 Years 681 7%602 88%8%542 80%8%60 9%8%
Brewster 30-49 Years 1,444 15%1,326 92%17%1,177 82%17%149 10%21%
Brewster 50-64 Years 2,323 23%1,927 83%25%1,801 78%25%126 5%18%
Brewster 65-74 Years 2,349 24%1,953 83%25%1,790 76%25%163 7%23%
Brewster 75+ Years 1,592 16%1,436 90%18%1,287 81%18%149 9%21%
Brewster Total 9,926 100%7,774 78%100%7,066 71%100%708 7%100%
* = total < 30 individuals
1
Donna Kalinick
From:Tammi Mason
Sent:Friday, October 15, 2021 8:59 AM
To:Donna Kalinick
Subject:Mask Order
Hi Donna,
This is the motion that was made and approved by the Board of Health:
I move the Town Administrator/Town Moderator, to the extent possible, reference June 2020 guidance from
the State for indoor Town meetings, to include communication to residents that anyone feeling sick or
exhibiting symptoms of COVID should avoid participation and a recommendation that any particularly
vulnerable residents consider avoiding attendance; all participants in attendance over the age of 5 must wear a
mask except where a medical or religious exemption precludes this; social distancing, arranging seats and
microphone lines for six-foot distance between participants who are not in the same household; increase
ventilation where possible; and cleaning and disinfecting of the venue before and after the meeting.
Tammi Mason
Senior Department Assistant
Brewster Health Department
Beginning July 6th, Brewster Town Offices will be open to the public Tuesday, Wednesday and Thursday from 8:30 to
4:00pm. For the latest updates on Town services, please visit www.brewster-ma.gov
SAVE THE DATE - Brewster Drive-Thru Flu Clinic
Friday October 15, 2021 1 pm – 4 pm
(Rain Date October 20, 2021)
Our Lady of the Cape Church, 468 Stony Brook Road, Brewster
The Brewster Health Department, in conjunction with the Council on Aging and the Brewster Local
Emergency Planning Committee, is hosting our annual flu clinic on October 15 from 1:00 pm to 4:00 pm
(Rain Date October 20) at Our Lady of the Cape Church Parish Center Parking Lot, 468 Stony Brook
Road.
The flu vaccination, available to all residents ages 18 and older, is an important preventive measure vital
to protecting our region against vaccine-preventable diseases, especially during the current COVID-19
pandemic. The drive-thru clinic is designed to boost our resident participation in receiving the flu
vaccine by providing a safer alternative during the pandemic where social distancing is
important. Vaccinations will be provided and administered by Cape Cod Healthcare Pharmacy.
Instructions before you arrive:
1.PRE-REGISTRATION IS REQUIRED at https://brewsterfluclinic.timetap.com starting October 5 –
October 13. You will need to schedule an appointment and complete a consent form for each
person being vaccinated. For help with online registration, call the COA at 508-896-2737.
2.Specify your preference for the quadrivalent influenza vaccine or the high dose vaccine available
to ages 65+ at time of registration.
3.Bring your insurance card for billing; there is no co-pay. Vaccine is also available for the
uninsured.
4.Wear short sleeves or clothing with easy access to the upper arm.
5.Face coverings/masks are required at all times at the clinic site.
6.Leave pets at home for everyone’s safety.
7.Participants will remain in their vehicles and be guided through the clinic.
8.Stay home if you are feeling sick on the day of the clinic.
9.For general questions, contact the Brewster Health Department at 508-896-3701 X1120.
Amy L. von Hone, R.S., C.H.O.
Brewster Health Director
(O) 508.896.3701 X1120
(F) 508.896.4538
Archived: Thursday, October 14, 2021 9:47:27 AM
From: Kristy Senatori
Sent: Thu, 7 Oct 2021 20:33:51 +0000ARC
To: Kristy Senatori
Subje ct: CCIWPF revenue update
Sensitivity: Normal
Good afternoon,
Please see the latest CCIWPF distributions, below. The most recent distribution covers the period from June 2021 through August 2021 and totals $7,590,733.14. As a reminder, you will also see the Year 1 subsidies that have been set aside per the Management Board’s
approval of subsidy awards in April 2021. We anticipate the next meeting of the Management Board this fall and will be in touch soon regarding the date, time, and agenda.
Kristy Senatori
Executive Director
Cape Cod Commission
3225 Main Street | P.O. Box 226
Barnstable, MA 02630
Direct 508-744-1216
Brewster Select Board Meeting of October 18, 2021
Consent Calendar Items
1
Item #11: Consent Agenda
Approval of Regular Session Minutes from October 4, 2021
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the regular session minutes.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 1 of 9
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES
DATE: October 4, 2021
TIME: 6:00 PM
PLACE: Remote Participation
REMOTE PARTICIPANTS: Chair Bingham, Selectperson Whitney, Selectperson Chaffee, Selectperson
Hoffmann, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna
Kalinick, Conor Kenny, Colette Williams, Faythe Ellis
Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 6:00pm. A quorum was declared and all Select Board members
present were announced. Chair Bingham read the meeting participation and recording statements.
Public Announcements and Comment:
None
Select Board Announcements and Liaison Reports
Selectperson Hoffmann noted that she attended the Brewster Ladies Library tribute to their volunteers. The
occasion was a nice, welcoming warm event to thank all the volunteers that work at the library.
Town Administrator’s Report
Mr. Lombardi provided updates on the pandemic; additional details are provided in the public packet.
County wide, the rates continue to be elevated in the 4th wave but are trending down.
Positive case totals have decreased locally this past month to high single digits, the demographic that is
mostly impacted is mainly our residents age 50+.
Booster shots for those who received Pfizer vaccine are available for those age 65+,
immunocompromised or at a higher risk or work in a medical setting.
DESE extended school mask mandate through Nov 1. Starting on Oct 15 there is an opt out provision
for Middle and High schools if they have achieved an 80% vaccination rate.
Brewster vaccination rates: more than 70% of children aged 12-19 have received at least one shot and
65% are fully vaccinated. In adult population aged 20+ we are close to 90%.
Mr. Lombardi included recent materials in the packet related to Eversource herbicide application. Eversource
has a 5-year Vegetation Management Plan (VMP) that is approved by the Massachusetts Department of
Agricultural Resources (MDAR) which allows for the application of herbicide along the ROW. Eversource has
an approved plan for 2018-2022, which allows for application in Brewster. This past year the Town received
notice along with a number of our residents that Eversource plans to spray in Brewster according to their
Yearly Operational Plan (YOP). The following actions were taken by the Town:
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 2 of 9
Office of:
Select Board
Town Administrator
The Town submitted public comment this spring to MDAR seeking denial of the YOP due to concerns
about their proposed spraying in Brewster, the plan was however approved by the State.
Following several years of work with town counsel, the Town filed suit against MDAR this summer
seeking to overturn the State’s own approval of the 2018-2022 vegetation management plan.
At the same time the Town sought injunctive relief to stop spraying in town this summer, unfortunately
both of these efforts were denied by the courts.
In addition to the ongoing legal proceedings, which we will continue to pursue, Eversource is due to
develop and submit a new VMP in 2023, another opportunity for Brewster, who has been a leader on
this issue, to see if we can affect change.
Mr. Lombardi has been in touch with the chair of the Natural Resource Commission, who is also on the Board
of Health, to help our special counsel on this issue. Adding that he believes it would be helpful for the
Natural Resource Commission to do research and report back on alternative solutions, as an example there is
a Food Forest Initiative in Harwich which is a way to try to work with Eversource instead of against them.
Changes to the recycling center that will go into effect on October 15, 2021, have been posted on the Town’s
website and on Channel 18 there is a short video. The two changes include asking residents to separate their
glass bottles and jars and to separate their newsprint for recycling. The separation of glass will result in a
savings of $25/ton. The glass will be delivered to Dennis DPW where it will be crushed and used as fill for
public works projects. We will see some significant operational savings in addition to savings in the actual
recycling costs. By separating out the newsprint we will be doubling our revenues, going from $45/ton to
$85/ton. These are changes that the Recycling Commission and DPW have been talking about for over a year
and have completed a good amount of research on, any questions residents can contact the DPW.
Selectperson Chaffee mentioned that the Recycling Commission members will be at the recycling center
providing guidance and information for residents from Oct 15- Oct 25, 2021.
Welcome New Project Manager: Conor Kenny
Mr. Lombardi announced that Conor Kenny started in the Town Administration office last month, this is a
new position in the office, and noting that we are still at the same capacity with four full time staff. Mr.
Lombardi reviewed Conor Kenny’s past work experience and provided an overview of the new position
responsibilities. Mr. Kenny joined the meeting providing a review of his education and work experience. He
also reviewed some of the projects that he will be involved in; he is looking forward to providing assistance
to various departments.
6:15pm Public Hearing: Verizon New England, Inc. and NSTAR Electric Company d/b/a Eversource Energy
Pole Hearing: Alden Drive
Selectperson Chatelain moved to open the public hearing regarding Eversource and Verizon on Alden Drive
at 6:17pm. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Whitney-yes,
Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Bingham-yes. The
Board vote was 5-Yes, 0-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 3 of 9
Office of:
Select Board
Town Administrator
Chair Bingham read the letter the Town received as a petition for the placement and reason for one joint
pole on Alden Drive. The letter is provided in the public packet. Ms. Kalinick added that this request is in
conjunction with new service required for Brewster Woods construction. There were no representatives
from Eversource or Verizon to comment. Selectperson Hoffmann asked about the guide wires and if there
would be any interference with pedestrian traffic. Ms. Kalinick clarified that the work would be completed on
Alden Drive since that is where the service if fed from, the work is not on Brewster Road. All those involved
in the Brewster Woods project have been involved to get the utility service.
Selectperson Chaffee moved to close the public hearing at 6:23pm. Selectperson Chatelain second. A roll call
vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Whitney-yes,
Selectperson Chaffee-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
6:20pm Public Hearing: NSTAR Electric Company d/b/a Eversource Energy Underground Cable and Conduit
Hearing: Crowells Bog Road
Selectperson Chatelain moved to open the public hearing for Eversource Energy on Crowells Bog Road at
6:23pm. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson-
Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote
was 5-Yes, 0-No.
Chair Bingham read the letter requesting permission to locate underground cables, conduits and manholes
on Crowells Bog Road. The letter is provided in the public packet. There were no questions from the Board or
the public.
Selectperson Chatelain moved to close the public hearing at 6:26pm. Selectperson Whitney second. A roll
call vote was taken. Selectperson Chaffee-yes, Selectperson Whitney-yes, Selectperson Chatelain-yes,
Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Selectperson Hoffman moved that the Board adopt the work as specified on Alden Drive by NSTAR and
Verizon. Selectperson Chatelain second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson
Chatelain-yes, Selectperson Whitney-yes, Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote
was 5-Yes, 0-No.
Selectperson Hoffman moved that the Board adopt the work as outlined by NSTAR on Crowells Bog Road.
Selectperson Chatelain second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Whitney-
yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote was 5-Yes,
0-No.
Consent Agenda
Meeting Minutes: September 13, September 15, September 20 and September 23, 2021
Fee Waiver Request: Blueberry Hills Property Owners Association (Recycling Center)
Appointments: William Schirmacher, Library Building Committee; Clare O’Connor Rice, Cultural Council
Facility Use Application & Fee Waiver Request: Brewster Chamber of Commerce
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 4 of 9
Office of:
Select Board
Town Administrator
One-Day Entertainment License Application & (2) One-Day Liquor License Applications: Chatham Bars
Inn Farm
Special Event Application: Halcyon Farm, October 9, 2021
Vote to Temporarily Suspend Select Board Policy 32: Prohibition of Meetings Conflicting with Town
Meetings or Elections, for the date of October 5, 2021.
Selectperson Chatelain moved the consent agenda for October 4th. Selectperson Chaffee second. A roll call
vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes,
Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Status Update on Potential Town Acquisitions of Cape Cod Sea Camps Properties
Mr. Lombardi offered the following recap: the Town announced on Sept 24th that the Town and the
Delahanty family have signed the Purchase and Sales agreement for the Town to purchase both parcels for
$26M. This was a goal to have in place prior to Special Town Meeting. Mr. Lombardi extended thanks to the
almost 1500 residents who attended Town Meeting, which is our largest turn out ever. He also thanked the
Town Staff and volunteers for their work to pull off the meeting in spite of the weather, it was really a team
effort. Mr. Lombardi expressed that the results were overwhelming, included in the packet FYI section there
is a letter from a resident expressing his sentiment and appreciation. One last reminder about the election
tomorrow on the two debt exclusions, polls are open 7am -8pm at the Brewster Baptist Church, check out
the project page on the Town website as a helpful resource. If voters approve of both acquisitions at the
ballot tomorrow, then the Town will look to close on both parcels by the end of November. The Town is in
the process of planning site visits of both properties as part of the Town’s due diligence. Mr. Lombardi stated
that the properties remain private until the Town closes on these properties. We know everyone is eager to
see them, shortly after the closing, hopefully in early December, the Town will be looking to hold an open
house so residents will have access to the properties. At the next Select Board meeting on October 18th, we
hope to have a preliminary timeline for the properties.
Discuss and Vote on Changes to Brewster Voting Districts Based on Results of Federal Census- Colette
Williams, Town Clerk
Colette Williams, Town Clerk, reviewed that every ten years the Federal Census is conducted, noting it was
halted for a while due to the pandemic. The Town did not receive the totals until mid-August. We had to
wait for a re-districting role out package with maps. Ms. Williams noted that the Town went up about 700
people, all in precinct 2 by the water. Precincts 1 and 3 had to re-map to configure for this change. These are
included in the packet. It is Ms. Williams opinion of the increase that people who were here during Covid in
their 2nd homes, determined it their primary residence at the time of the census.
Selectperson Hoffmann moved that we, the undersigned, hereby certify that at a meeting held on Monday,
October 4th, 2021, the Select Board voted to accept, as presented by the Town Clerk, the 2020 Re-Precincting
Plan for the Town of Brewster. Selectperson Chatelain second. A roll call vote was taken. Selectperson
Whitney- yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair
Bingham-yes. The Board vote was 5-yes, 0-no.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 5 of 9
Office of:
Select Board
Town Administrator
Discuss and Vote on November Special Town meeting Articles
Community Preservation Act- Faythe Ellis, Community Preservation Committee Chair
Capital & Special Project Requests
Fire Union Collective Bargaining Agreement
Community Preservation Act-Faythe Ellis, Community Preservation Committee (CPC) Chair provided an
overview of the CPC work:
In May 2005 Brewster votes approved the adoption of the Community Preservation Act, CPA.
The act appropriates a 3% surcharge on the Town’s real estate revenues which is reserved in a special
fund in order to finance projects and programs for the purpose of preservation of Open Space,
Recreation, Community Housing and Historic preservation.
The State also contributes money that comes from CPA trust fund collections at the Registry of
Deeds.
Town meeting created the CPC which consists of 9 members, 5 to be appointed by Conservation
Commission, Planning Board, Recreation Commission, Historical Commission and Housing Authority,
along with 4 citizen members appointed by the Select Board.
The distribution schedule of CPA funds are as follows:
o 50% reserved for Open Space
o 10% for Community Housing
o 10% for Historic Preservation
o 30% balance is available for housing, historic preservation and active of passive recreation
projects.
Since adopting CPA, the CPC has recommended and voters approved funding for 27 historic awards,
29 housing awards, 14 recreation award and 19 open space awards.
The Town’s effort in acquiring Open Space in the past 16 years has preserved over 251 acres of land
at a cost of $35,000 per acre, with 80% of land in a zone II water quality protection district.
Ms. Ellis noted that the CPC is currently engaged in a project to create a 5-year CPA plan for the Town. The
goal of the new CPA plan will be to provide a framework for the committee to guide future funding decisions.
In August they hired consultant JM Goldson who has begun the process of developing the plan. Work will
include documenting past projects, recommending strategies for project funding recommendations,
reviewing Brewster’s funding allocation formula and possible changes, and suggesting approaches for
evaluating funding requests for regional projects. The CPC will host a virtual public hearing on Oct 27th at
5pm, more information will be available on the Town website.
Article for Projects that are being recommended for Fall Town Meeting approval are:
Item 1A: Funding request for Crosby Mansion ongoing Reconstruction and Restoration.
Work includes restoration of chimneys to mitigate water intrusion, water restorations and some exterior
painting. The property is owned by the State and in 2003, the State granted a long-term lease of the mansion
grounds to the Town of Brewster in partnership with the Friends of Crosby Mansion. Funding requests
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 6 of 9
Office of:
Select Board
Town Administrator
includes a set aside of $5,000 to pay for the services of the CPC’s historic preservation consultant. Funding
source is historic preservation fund balance, total costs is $67,400. The requested amount, including the
$5,000 set aside is $72, 400. The CPC voted 7-0-0 in favor of this project.
Item 2A: Request for funds to update the Town’s 2017 housing production plan. The Town’s current housing
plan will expire in June 2022. This request for funding is to update the plan for another 5 years, information
about the content is provided in the summary in the packet. Housing production plans are mandated by the
State and provides the Town more control over the comprehensive permit process. Total project cost is
$25,000, source of funding will be the undesignated fund balance, CPC vote was 7-0-0 in favor.
Item 2B: Request submitted from Latham centers for $150,000 for construction for supportive housing for
their Strong Start in adult living program. Latham Centers purposes to develop 7 affordable studio
apartments and one 1-bedroom apartment for live in staff at 1439 Main Street. The Strong Start in adult
living program that will teach participants the skills necessary to succeed as independent adults. Program
participants will not be limited to current clients at Latham Centers. The CPC grant will be used for the
housing construction costs and will require an affordable housing deed restriction as a condition of the
award. An additional $5,000 set aside will cover CPC legal costs related to the project. The total project costs
are $2,816,582, the CPC request is $155,000. The source of the funding will be the undesignated fund
balance, the CPC vote was 7-0-0 in favor.
Selectperson Chatelain moved to approve CPA article item 1: Historic preservation, Crosby Mansion
Committee- ongoing reconstruction and restoration of the Crosby Mansion. Selectperson Chaffee second. A
roll call vote was taken. Selectperson Hoffmann- yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes,
Selectperson Whitney- yes, Chair Bingham-yes. The Board vote was 5-yes, 0-no.
Selectperson Chatelain moved to approve CPA article item 2A: Community Housing, Update of Brewster’s
2017 Housing Production Plan. Selectperson Chaffee second. A roll call vote was taken. Selectperson
Chatelain- yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Whitney- yes, Chair
Bingham-yes. The Board vote was 5-yes, 0-no.
Selectperson Chatelain moved to approve CPA article item 2B: Latham Centers Strong Start in Adult Living
Program Housing. Selectperson Chaffee second. A roll call vote was taken. Selectperson Whitney- yes,
Selectperson Chatelain-yes, Selectperson Chaffee-yes, Selectperson Hoffmann- yes, Chair Bingham-yes. The
Board vote was 5-yes, 0-no.
Capital & Special Project Requests:
Mr. Lombardi referred to page 152 of the packet, the summary cover sheet that reviews the capital requests
that are to be included in the warrant for November. Mr. Lombardi reminded us that the Capital planning
committee developed a 5-year capital improvement plan, which was adopted by the Select Board in
February. In finalizing warrant articles, department heads were asked to review funding amounts for articles
that needed to be adjusted, postponed or added. In general, over the course of the 5-year plan we try to
seek about $1.75M in free cash, which is the major funding source for a majority of the capital requests. This
past year was unique in the fact that we certified our free cash at $4.5M. Town meeting appropriated
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 7 of 9
Office of:
Select Board
Town Administrator
$1.95M last Sunday to help with acquisitions of Cape Cod Sea Camps, $1.75M for the Long Pond parcel and
$200,000 for operating expenses associated with the property management. Mr. Lombardi noted the
remaining balance is a little over $2.5M, in total we are planning on requesting appropriation of a little under
$1.5M between this Fall Special Town Meeting and next Springs Annual Town Meeting to fund capital needs.
This would leave our balance a little over $1M, consistent with our closeout goal that is outline in the
financial reserve policy. For this Special Town Meeting, we are seeking $950,000 in free cash appropriations
to fund capital requests, a total of $2.122M of appropriations.
Mr. Lombardi reviewed the Capital request by Department, a detailed list is provided in the packet on pages
152-187:
Department of Public Works
o Major change is that the front-end loader needs to be replaced at a cost of $250,000.
o To distribute the DPW capital requests for this fiscal, they pushed out replacement of a One
Ton Dump truck to FY23.
o Free cash request is $618,000 for November.
Police Department
o Up by $10,000 for a total request of $225,000. Due to vehicle replacement needs based on
market indicators.
o Replacing the cruiser video camera system and adding capacity to provide body camera.
Library
o Recurring issues with elevator, new major capital item that will need to be considered over
the winter for Town Meeting next Spring.
Selectperson Hoffmann asked about the ADA accessibility concern with the elevator issues. Mr. Lombardi
noted it has been down 4-5 times in past two years, with stretches of several weeks that the elevator hasn’t
been operational. With the renovation project at the library discussions are being had if it is beneficial to
purchase a new elevator and if it fits into the design of the renovation project. It was noted that the elevator
has never had an issue passing inspection yearly, these are different issues each time and we have spent a
decent amount of money in continuing to repair it.
Information technology
o $50,000 appropriation, standing request, increased by $25,000 due to all of the technology
that we have had to invest in over the past 18 months.
Select Board
o $50,000 to help pay for the Wing Island Design and permitting. Previously, $50,000 was
secured through the State and there is a pledge from a private anonymous donor to provide
some assistance, and $50,000 will cover the local match requirement to move forward.
o Sea Camp properties, seeking $185,000, to convene a new committee and hiring experts in
the field to develop comprehensive plans for both properties. Two years ago at town meeting,
$235,000 in total was allocated for a combination Community Center study and a School
consolidation feasibility study, which the elementary school study is still ongoing. Looking to
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 8 of 9
Office of:
Select Board
Town Administrator
repurpose the balance of $185,000 to be used for assistance in developing the comprehensive
plan for the 2 sea camps properties which includes looking at the feasibility of a community
center.
Schools
o Requests will come in the Spring, in a meeting with Elementary school officials and
recognizing constraints of available funds for capital, they agreed to make some changes to
their plan presented last year and moved several requests out to future years.
o Recreation-$20,000 for Freemen’s fields irrigation study and infield soil replacement.
Water Department
o No significant changes, the $25,000 increase is for water main construction project on Red
Top, due to the size of the piping and costs of materials.
o New requests to fix heaters in the garage at the facilities- $35,000.
Golf Department
o Seeking a total of $577,000 in capital requests all from the Golf reserve fund, balance of about
$1.4M available for appropriation. New requests came out of the National Golf Foundation
report that was completed.
o $80,000 for HVAC and boiler upgrades at the clubhouse, an ongoing issue that is a priority,
$35,000 for tree work, $10,000 for pump house protection, and curbside appeal articles and
equipment.
Selectperson Chatelain moved to approve the capital and special projects requests as described in the
packet. Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson
Chaffee-yes, Selectperson Whitney-yes, Selectperson Chatelain-yes, Chair Bingham-yes. The Board vote was
5-Yes, 0-No.
Fire Union Collective Bargaining Agreement
Mr. Lombardi recalled that at the beginning of the pandemic the Town’s collective bargaining agreements
were expiring in June 2020, at that time the Town negotiated one-year contracts across the board. Shortly
thereafter the Town started negotiating for 2-year contracts, some were finalized in time for May Town
Meeting. Fire Union one-year contract was approved, but the 2-years covering FY22-23, were not. The Town
has subsequently reached agreement with the union, the Select Board has voted to approve the new
contract subject to Town meeting appropriation. The COLA for FY22 is 2% and FY23 2.75% which is
consistent with the wage precedent that has been agreed to and voted on by Town meeting for several other
unions and personnel bylaw employees. Other changes to the wage scale were introduced in response to
data that was provided to be competitive in the market, including changes to base pay at the first step and
changes to the total number of steps.
Selectperson Chatelain moved to approve the Fire Department Collective Bargaining Agreement.
Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Whitney-
yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Bingham-yes. The Board vote was 5-Yes,
0-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
BoS 10.04.2021 www.brewster-ma.gov Page 9 of 9
Office of:
Select Board
Town Administrator
Discuss and Vote on Recommendation to Board of Health to Require Face Coverings at November Special
Town Meeting
Mr. Lombardi noted that this will be our first indoor Town Meeting since the pandemic, Board of Health
technically have authority to make face coverings required in this setting. The Board of Health is planning on
meeting Wednesday to meet and vote. Research was completed on other Cape towns and their procedures
for Town Meetings, we plan on having social distancing in place. With several hundred people indoors, we
think it is appropriate to require face coverings. Chair Bingham reminded the Board that this is just a
recommendation and that the Board of Health will make the final decision.
Selectperson Chaffee moved to recommend to the Board of Health that face covering are required at the
November Town Meeting. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee-
yes, Selectperson Whitney-yes, Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Chair Bingham-yes.
The Board vote was 5-Yes, 0-No.
For Your Information
No comments.
Matters Not Reasonably Anticipated by the Chair
None
Questions from the Media
None
Next Meetings
October 5, October 18, and November 1, 2021
Adjournment
Selectperson Whitney moved to adjourn at 7:21pm. Selectperson Chatelain second. A roll call vote was
taken. Selectperson Chaffee- yes, Selectperson Whitney-yes, Selectperson Chatelain- yes, Selectperson
Hoffmann-yes, Chair Bingham-yes. The Board vote was 5-Yes, 0-No.
Respectfully submitted by Erika Mawn, Executive Assistant
Approved: __________________ Signed: _________________________________________
Date Selectperson Chatelain, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, TA report, Consent Packet, Public Hearing documents (Eversource and Verizon), Cape Cod Sea
Camps documents, Brewster voting district map, November Special Town Meeting articles and special project requests, FYI packet.
BREWSTER POLICE DEPARTMENT
Chief Heath J. Eldredge
631 Harwich Road
Brewster, Massachusetts 02631
Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513
“In Partnership With Our Community”
MEMORANDUM
TO: Brewster Select Board
FROM: Chief Heath J. Eldredge HJE
RE: Reserve Officer Appointment
DATE: October 14, 2021
I am recommending Officer Sidney Smith be appointed as a Reserve Police Officer. Sid has
worked as a patrol officer for the Brewster Police Department from October 1994, until his date
of retirement September 30, 2021. During his 27 year career with the department, he has served
the Town of Brewster with honor and compassion. He spent multiple years serving as DARE
officer in our Brewster School System, where he made a lasting impression on many students.
Through this appointment to Reserve Police Officer, it will allow Sid to continue serving the
community and the department by aiding with a variety of special events and road/utility
projects. He will help supplement the current staff by working police details on an as-needed
basis.
BREWSTER POLICE DEPARTMENT
Chief Heath J. Eldredge
631 Harwich Road
Brewster, Massachusetts 02631
Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513
“In Partnership With Our Community”
MEMORANDUM
TO: Brewster Select Board
FROM: Chief Heath J. Eldredge HJE
RE: George Bausch Retirement
DATE: October 14, 2021
I am both pleased and saddened to announce the pending retirement of Lieutenant George
Bausch. After starting his career in Brewster nearly 39 years ago, George will be working his
last day on November 5th. George will wrap up his career holding the title of the longest serving
officer in the history of the Brewster Police Department. To give some perspective, the police
department has been in existence since 1954, and George has been part of it for a majority of that
time. He is often referred to as “The Mayor” because of all the connections he has made within
the community throughout his tenure.
During his career, George has served as a patrol officer, Sergeant, and Lieutenant. Throughout
those assignments, he has served as liaison to several groups, including the Brewster Bikeways
Committee and the Staff Review Team, to name just two. George has led the Citizens’ Police
Academy, and helped organize the Brew Run Road Race, the Brewster in Bloom Weekend, the
Pan Mass Challenge, and many other major events.
His commitment to the Town does not stop with his role within the department. George served
several terms on the Brewster Rec Commission and coached a variety of youth sports over the
years.
While I am truly happy for George and look forward to what the next chapter will bring him, he
will be a much-missed member of the team here.
BREWSTER POLICE DEPARTMENT
Chief Heath J. Eldredge
631 Harwich Road
Brewster, Massachusetts 02631
Phone 508-896-7011 www.brewsterpolice.org Fax 508-896-4513
“In Partnership With Our Community”
MEMORANDUM
TO: Brewster Select Board
FROM: Chief Heath J. Eldredge HJE
RE: Promotional Process
DATE: October 14, 2021
I am pleased to send along recommendations for two candidates for promotion to police sergeant
and police lieutenant. The two candidates are Sergeant Charles Mawn (being promoted to
lieutenant) and Officer Francesco Mirisola (being promoted to sergeant). Both of these
candidates have risen to the top of a very competitive and thorough promotional process.
For the position of lieutenant, five candidates put in for the position. Those candidates were put
through an assessment panel made up of a police chief and deputy police chief in from nearby
communities and our Town Administrator, Peter Lombardi. As part of the assessment, the
candidates were required to make a presentation on a specific topic and answer a variety of
questions to gauge their readiness for the position. The candidates were scored by the panel.
After the assessment, the candidates had individual interviews with me, and an evaluation was
done on their past performance in the areas of training, experience, and leadership. While all the
candidates performed well, in the end, Sergeant Mawn finished with the highest cumulative
score.
Charles (Charlie) Mawn began his policing career with Nantucket PD. He graduated the police
academy in 2002 and after a couple years with Nantucket, he joined the Brewster Police
Department in July of 2004. Charlie quickly demonstrated his abilities as a knowledgeable
police officer and a natural leader. He was promoted to sergeant in 2011. In his role as sergeant,
he has helped mentor many of the younger officers while serving as their supervisor. Charlie has
spearheaded many important projects here at Brewster PD, to include the Youth Police Academy
and the Mental Health Outreach Team. Both programs were created and implemented by
Charlie. Charlie also has earned his master’s degree in Criminal Justice through Anna Maria
College. He is well suited to step into the lieutenant position and continue to serve the Town of
Brewster.
For the position of sergeant, six candidates put in for the position. The applicants for this
position were given a writing assignment that was turned in to the panel that was conducting
their interview. The interview panel consisted of a deputy chief and a captain from nearby
agencies, along with our Human Resources Director, Susan Broderick. Each candidate was
“In Partnership With Our Community”
scored on their performance during the interview, with each member of the interview panel
having equal input. Lastly, the candidates had an individual interview with me and an evaluation
was done on their past performance in the areas of training, experience, and leadership. Again,
all the candidates performed well and represented themselves well. In the end, Officer Mirisola
finished with the highest cumulative score.
Francesco (Frank) Mirisola was born and raised on Cape Cod but began his policing career with
the Boxborough Police Department after graduating the police academy in 1994. In 1995 he
found his way back to Cape Cod and joined the Brewster Police Department. Throughout his
career with the department, Frank has always been a leader amongst his peers. He is looked up
to and respected by all members of the department. Frank has been a regular presenter in our
Citizen’s Police Academy and has served as a vital member of the Cape Cod Regional Law
Enforcement Council’s SWAT Team. Frank also holds a master’s degree in Criminal Justice
from Westfield State University. He is well suited to step into the sergeant position where he
will continue to serve the Town of Brewster.
The Commonwealth of Massachusetts
Town of Brewster
To Sidney G. Smith
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you
RESERVE POLICE OFFICER
effective October 18, 2021 – October 17, 2022
Given at Brewster this 18th day of October 2021
Recorded A.D.
Attest:Town Clerk
The Commonwealth of Massachusetts
Town of Brewster
To Charles M. Mawn
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you
PROBATIONARY POLICE LIEUTENANT
and “KEEPER OF THE LOCKUP”
effective November 6, 2021 – November 5, 2022
Given at Brewster this 18th day of October 2021
Recorded A.D.
Attest:Town Clerk
The Commonwealth of Massachusetts
Town of Brewster
To Francesco J. Mirisola
We, the Selectmen of Brewster by virtue of the authority in us vested by the laws of
the Commonwealth, do hereby appoint you
PROBATIONARY POLICE SERGEANT
and “KEEPER OF THE LOCKUP”
effective November 6, 2021 – November 5, 2022
Given at Brewster this 18th day of October 2021
Recorded A.D.
Attest:Town Clerk
GO Bonds dated November 10, 2021
Draft POS sent to Town In play
Draft POS information due to UFASI 10-1-21
Draft POS for internal review 10-6-21
Draft POS for Bond Counsel review 10-11-21
S&P Rating Call Week of 10-11-21-TBD
Comments due from Bond Counsel 10-18-21
Distribution of POS 10-20-21
Date of sale Wed. 10-27-21
Select Board meeting (Approve Sale & Execution of Documents)TBD
Dated date 11-10-21
Delivery date 11-10-21
BAN Maturity Date NA
9/9/2021
Town of Brewster, MA
Financing Schedule
BREWSTER – CAPE COD SEA CAMPS
DEADLINES
All deadlines commenced on September 24, 2021 (the “Effective Date”):
Closing:
Tuesday, November 23 Closing Date
Tuesday, November 30 Extended Closing Date
Property Inspections:
5pm, Monday, Oct. 25 Initial Due Diligence May extend or terminate by
providing written notice prior
to this deadline
5pm, Monday, Nov. 8 Extended Diligence Period May terminate prior to this
deadline for any and no
reason
Title Review:
5pm, Monday, October 25
Friday, October 15, 2021
Initial Title Review Period
Title Objection Deadline
May extend or terminate by
providing written notice prior
to this deadline
5 business days prior to
deadline
5pm, Monday, Nov. 8
Friday, October 29, 2021
Extended Title Review
Period
Title Objection Deadline 5 business days prior to
deadline
Title Objections:
5pm, Friday, October 29, 2021 Notice of Objection Filed
5pm, Wed., November 3, 2021 Response from Seller If no response, deemed not to
cure any objections
5pm, Monday, November 8,
2021
May exercise termination
rights
Failure to terminate means
accepting all title objections
Other Dates:
Thursday, October 14, 2021 Deadline to submit notice
in Central Register
Monday, November 22, 2021 Adjustment Date
Monday, November 14, 2021 Funding Deadline
Town of Brewster Stormwater Management Regulations
DRAFT September 16, 2021 Page 1 of 29
Town of Brewster
Stormwater Management Regulations
Table of Contents
Section 1. Purpose ........................................................................................................................ 2
Section 2. Definitions ................................................................................................................... 2
Section 3. Authority ..................................................................................................................... 2
Section 4. Applicability ................................................................................................................ 2
Section 5. Administration ............................................................................................................. 3
Section 6. Performance Standards ................................................................................................ 8
Section 7. Construction Inspections ........................................................................................... 13
Section 8. Long-Term Operation and Maintenance ................................................................... 14
Section 9. Surety ......................................................................................................................... 15
Section 10. Severability ................................................................................................................ 16
Appendix A. Definitions ........................................................................................................... 17
Appendix B. Stormwater Management Plan Checklists........................................................... 21
Appendix C. Fee Schedule ....................................................................................................... 29
Town of Brewster Stormwater Management Regulations
DRAFT September 16, 2021 Page 2 of 29
Section 1. Purpose
The purpose of these Regulations is to protect, maintain, and enhance public health, safety,
environment, and general welfare by establishing minimum requirements and procedures to
mitigate the adverse effects of stormwater runoff, decreased groundwater recharge, erosion and
sedimentation, and nonpoint source pollution, as more specifically addressed in the Town of
Brewster Stormwater Management Bylaw (Chapter 272).
Section 2. Definitions
2.1. The definitions contained herein apply to the Brewster Stormwater Management Bylaw
and the Regulations adopted thereunder. Terms not defined in this section shall be
construed according to their customary and usual meaning unless the context indicates a
special or technical meaning.
2.2. Definitions are provided in Appendix A of these Regulations.
Section 3. Authority
3.1. The regulations contained herein have been adopted by the Stormwater Authority in
accordance with § 272-7 of the Stormwater Management Bylaw.
3.2. Pursuant to § 272-4 of the Stormwater Management Bylaw, the Brewster Planning Board
is the Stormwater Authority. For projects that fall within the jurisdiction of the Brewster
Wetlands Protection Bylaw (Chapter 172), the Planning Board shall delegate authority to
the Conservation Commission to administer, implement, and enforce these regulations.
3.3. The Stormwater Authority may periodically amend these regulations pursuant to § 272-7
of the Stormwater Management Bylaw.
3.4. Nothing in these Regulations is intended to replace or be in derogation of the
requirements of any other Brewster bylaw. These Regulations should be considered
minimum requirements, and where any provision of these Regulations impose restrictions
different from those imposed by any other bylaw, rule or regulation, or other provision of
law, whichever provisions are more restrictive or impose higher protective standards for
human health or the environment shall be considered to take precedence.
Section 4. Applicability
All activities subject to the Stormwater Management Bylaw (as set forth in § 272-5 of the
Stormwater Management Bylaw) shall obtain a Stormwater Permit before commencing
construction or land-disturbance activities.
The following criteria shall apply for determining eligibility for Minor Stormwater Permit and
Major Stormwater Permit categories:
4.1. Minor Stormwater Permit
A. Any combination or series of construction or land disturbance activities that, over a
two-year period, will result in a net increase in impervious area of 500 square feet to
Town of Brewster Stormwater Management Regulations
DRAFT September 16, 2021 Page 3 of 29
2,000 square feet and/or will result in land disturbances of 10,000 square feet to
20,000 square feet.
4.2. Major Stormwater Permit
A. Any alteration, disturbance, development, or redevelopment that does not meet the
eligibility criteria for Minor Stormwater Permit.
Section 5. Administration
5.1. Stormwater Permit applications shall be administered as follows:
A. Minor Stormwater Permit applications shall be reviewed and acted upon the
Designated Agent of the Stormwater Authority. The Town Planner, Conservation
Administrator, or Building Commissioner shall be the Designated Agent, depending
on the other reviews and approvals to which the project is subject. Review by the
Stormwater Authority is not required for Minor Stormwater Permits.
B. Major Stormwater Permit applications shall be reviewed and acted upon by the
Stormwater Authority.
5.2. Application Procedures
A. The Applicant shall submit to the Stormwater Authority or Designated Agent a
completed application for a Stormwater Permit. The Stormwater Permit Application
package shall include:
(1) A completed Application Form with original signatures of all property owners;
(2) One digital copy and two (2) printed copies of the Stormwater Management
Plan, prepared in accordance with the Stormwater Management Plan Checklist
in Appendix B of these Regulations; and
(3) Payment of the Application Fee.
B. The Stormwater Authority or Designated Agent shall make a determination as to the
completeness of the application and adequacy of the materials submitted. No review
shall take place until the application is determined complete.
5.3. Fees
A. Each application shall be accompanied by the appropriate Application Fee, as detailed
in Appendix C of these Regulations.
B. The Stormwater Authority or Designated Agent may, at the Applicant’s expense,
retain a registered Professional Engineer (PE) or other professional consultant to
advise the Stormwater Authority on any or all aspects of the Application.
(1) Purpose. As provided by M.G.L. Ch. 44 §53G and the Stormwater
Management Bylaw, the Stormwater Authority may impose reasonable fees for
the employment of outside consultants, engaged by the Stormwater Authority,
for specific expert services to assist the Stormwater Authority in its review of
applications for Stormwater Permits and oversight of permit compliance.
Town of Brewster Stormwater Management Regulations
DRAFT September 16, 2021 Page 4 of 29
(2) Special Account. Funds received pursuant to these Regulations shall be
deposited with the municipal treasurer, who shall establish a special account
for this purpose. Expenditures from this special account may be made at the
direction of the Stormwater Authority without further appropriation as
provided in M.G.L. Ch. 44 §53G. Expenditures from this account shall be
made only in connection with a specific project or projects for which a
consultant fee has been collected from the applicant. Expenditures of accrued
interest may also be made for these purposes.
(3) Consultant Services. Specific consultant services may include, but are not
limited to, technical or legal review of the permit application and associated
information, on-site monitoring during construction, or other services related to
the project deemed necessary by the Stormwater Authority. The consultant
shall be chosen by, and report only to, the Stormwater Authority or its staff.
(4) Notice. The Stormwater Authority shall give written notice to the Applicant of
the selection of an outside consultant. Such notice shall state the identity of the
consultant, the amount of the fee to be charged to the applicant, and a request
for payment of said fee in its entirety. Such notice shall be deemed to have
been given on the date it is mailed or delivered. No such costs or expenses
shall be incurred by the Applicant if the application or request is withdrawn
within five days of the date notice is given.
(5) Payment of Fee. The fee must be received prior to the initiation of consulting
services. The Stormwater Authority may request additional consultant fees if
the review requires a larger expenditure than originally anticipated or new
information requires additional consultant services. Failure by the Applicant to
pay the consultant fee specified by the Stormwater Authority within ten (10)
business days of the request for payment, or refusal of payment, shall be cause
for the Stormwater Authority to deny the application based on lack of
sufficient information to evaluate whether the project meets applicable
performance standards. An appeal stops the clock on the above deadline; the
countdown resumes on the first business day after the appeal is either denied or
upheld.
(6) Appeals. The Applicant may appeal the selection of the outside consultant to
the Select Board, who may only disqualify the outside consultant selected on
the grounds that the consultant has a conflict of interest or does not possess the
minimum required qualifications. The minimum qualifications shall consist of
either an educational degree or three or more years of practice in the field at
issue or a related field. Such an appeal must be in writing and received by the
Select Board and a copy received by the Stormwater Authority, so as to be
received within ten (10) days of the date consultant fees were requested by the
Stormwater Authority. The required time limits for action upon the application
shall be extended by the duration of the administrative appeal.
(7) Return of Unspent Fees. When the Stormwater Authority’s review of a permit
application and oversight of the permitted project is complete, any balance in
the special account attributable to that project shall be returned within 30 days.
Town of Brewster Stormwater Management Regulations
DRAFT September 16, 2021 Page 5 of 29
The excess amount, including interest, shall be repaid to the Applicant or the
Applicant's successor in interest. For the purpose of this regulation, any person
or entity claiming to be an Applicant's successor in interest shall provide the
Stormwater Authority with appropriate documentation. A final report of said
account shall be made available to the Applicant or Applicant's successor in
interest.
5.4. Right of Entry
Filing an application for a permit grants the Stormwater Authority or its agent permission
to enter the property to verify the information in the application and to inspect for
compliance with permit conditions. During the application process, the Stormwater
Authority, its employees and agents (including consultants) may conduct site visits of the
project site to review information presented in the application.
5.5. The Water Quality Review Committee will provide comments on Major Stormwater
Permit applications for those projects that require a Special Permit under the Water
Quality Protection District (Chapter 179, Article XI).
5.6. Public Hearings
A. A public hearing is not required for Minor Stormwater Permit applications.
B. For Major Stormwater Permit applications, the Stormwater Authority shall hold a
public hearing in accordance with the Stormwater Authority’s (Planning Board or
Conservation Commission) own regulations and procedures. For projects or activities
that require issuance of a Stormwater Permit in addition to other approvals or permits,
the Stormwater Authority shall hold one public hearing on all jurisdictional project
aspects in accordance with its own regulations and procedures.
C. Abutter notification and legal notice of the public hearing shall be in accordance with
public hearing requirements of the Stormwater Authority.
5.7. Action by the Stormwater Authority or Designated Agent
A. Minor Stormwater Permit
(1) The Designated Agent shall act upon a Minor Stormwater Permit Application
within thirty (30) business days of the date the Designated Agent determines
the application is complete.
(2) The Designated Agent may:
a. Approve the Minor Stormwater Permit Application and issue a permit if it
finds that the performance standards and requirements set forth herein
have been met;
b. Approve the Minor Stormwater Permit Application and issue a permit
with conditions, modifications, or restrictions that the Designated Agent
determines are required to ensure that the performance standards and
requirements set forth herein are met;
Town of Brewster Stormwater Management Regulations
DRAFT September 16, 2021 Page 6 of 29
c. Disapprove the Minor Stormwater Permit Application and deny the permit
if it finds that the performance standards and requirements set forth herein
have not been met; or
d. Disapprove the Minor Stormwater Permit Application “without prejudice”
where an applicant fails to provide requested additional information or
review fees that in the Designated Agent’s opinion are needed to
adequately describe or review the proposed project.
(3) Final approval, if granted, shall be endorsed on the Stormwater Permit by the
signature of the Designated Agent.
(4) Appeal of Disapproved Applications
a. The Applicant may appeal a permit denial by the Designated Agent by
requesting the Stormwater Authority review the application. Such review
shall take place with a public hearing as described in Section 5.5 and shall
be subject to any review fees or additional submittal requirements as
specified in these Regulations.
B. Major Stormwater Permit
(1) The Stormwater Authority shall take final action within 30 calendar days from
the close of a public hearing as described in Section 5.5, unless such time is
extended by agreement between the Applicant and Stormwater Authority.
(2) The Stormwater Authority may:
a. Approve the Major Stormwater Permit Application and issue a permit if it
finds that the performance standards and requirements set forth herein
have been met;
b. Approve the Major Stormwater Permit Application and issue a permit with
conditions, modifications, or restrictions that the Stormwater Authority
determines are required to ensure that the performance standards and
requirements set forth herein are met;
c. Disapprove the Major Stormwater Permit Application and deny the permit
if it finds that the performance standards and requirements set forth herein
have not been met; or
d. Disapprove the Major Stormwater Permit Application “without prejudice”
where an applicant fails to provide requested additional information or
review fees that in the Stormwater Authority’s opinion are needed to
adequately describe or review the proposed project.
(3) Final approval, if granted, shall be endorsed on the Stormwater Permit by the
signature of the majority of the Stormwater Authority.
5.8. Project Delay
If the project associated with an approved Stormwater Permit has not been completed
within three (3) years of permit issuance, the Permit shall expire. At the request of the
Applicant, the Stormwater Authority or Designated Agent may extend the Permit or
Town of Brewster Stormwater Management Regulations
DRAFT September 16, 2021 Page 7 of 29
require the Applicant to apply for a new permit. Any request for extension shall be
submitted in writing no later than 30 days prior to the expiration of the Stormwater
Permit. The Stormwater Authority or Designated Agent may require updates to the
project to comply with current regulations and standards as a condition of the permit
extension.
5.9. Project Changes
The Permittee, or their agent, shall notify the Stormwater Authority or Designated Agent
in writing of any change of a land-disturbing activity authorized in a Stormwater Permit
before any change occurs. If the Stormwater Authority or Designated Agent determines
that the change is significant, based on the performance standards in Section 6 and
accepted construction practices, the Stormwater Authority or Designated Agent may
require that an amended Stormwater Permit application be filed and a public hearing
held. If any change from the Stormwater Permit occurs during land disturbing activities,
the Stormwater Authority or Designated Agent may require the installation of interim
erosion and sedimentation control measures before approving the change.
5.10. Stormwater Management Certificate of Compliance (SMCC)
A. No SMCC is required for work approved under a Minor Stormwater Permit.
B. Within two (2) years after completion of construction or land disturbance activities
permitted under a Major Stormwater Permit, the Permittee shall submit in writing a
request for a SMCC. The Permittee must complete the following actions before the
Stormwater Authority will consider the request for SMCC:
(1) Within six (6) months after completion of construction and land disturbance
activities, the Permittee shall submit certified as-built plans from a registered
Professional Engineer (PE), surveyor, or Certified Professional in Erosion and
Sediment Control (CPESC). The as-built plans must depict all structural and
non-structural stormwater management systems, including subsurface
components, and impervious and pervious surface areas on site. Any
discrepancies from the approved Stormwater Management Plan should be
noted in the cover letter.
(2) The Permittee shall record the approved Operation and Maintenance Plan,
including the as-built plans, with the Barnstable County Registry of Deeds.
(3) The Permittee shall complete and document the first year of stormwater BMP
operation and maintenance, in accordance with the approved Operation and
Maintenance Plan and Stormwater Permit conditions.
C. Upon written request by the Permittee, the Stormwater Authority shall assess whether
the work has been completed in substantial conformance with the approved
Stormwater Management Plan and any conditions of the Stormwater Permit. Upon
determination that permit conditions have been met, the Stormwater Authority shall
issue a SMCC.
D. It is the responsibility of the Permittee to request, in writing, the issuance of a SMCC.
A Permittee who fails to request a SMCC within two (2) years after completion of
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construction and land disturbance activities may be found in noncompliance with the
Stormwater Management Bylaw and face applicable enforcement actions.
E. After issuance of the SMCC, the Stormwater Authority may periodically review
ongoing compliance with Stormwater Permit conditions, including long-term
operation and maintenance. If it finds that permit conditions have not been met, the
Stormwater Authority may revoke the SMCC and take action in accordance with §
272-14 of the Stormwater Management Bylaw. For projects that have been issued a
Water Quality Certificate under the Water Quality Protection District (Chapter 179,
Article XI), the Water Quality Review Committee will conduct a compliance review
every three years and will work with the Stormwater Authority to ensure ongoing
compliance with Stormwater Permit conditions.
5.11. Waivers
A. The Stormwater Authority or Designated Agent may waive strict compliance with any
requirement of these Regulations, if it finds that:
(1) Application of some of the requirements is unnecessary or impracticable
because of the size or character of the development activity or because of the
natural conditions at the site;
(2) The project is consistent with the purposes and intent of the Stormwater
Management Bylaw; and
(3) The project provides substantially the same level of protection to the public
health, safety, environment, and general welfare of the Town as required by the
Stormwater Management Bylaw.
B. Any Applicant seeking a waiver shall submit a written waiver request. Such a request
shall be accompanied by an explanation or documentation supporting the waiver
request.
C. Waiver requests for Minor Stormwater Permits may be approved by the Designated
Agent rather than by a majority of Stormwater Authority members.
D. Waiver requests for Major Stormwater Permits shall be discussed and voted on at a
public hearing for the project. If, in the opinion of the Stormwater Authority,
additional time or information is required for review of a waiver request, the
Stormwater Authority may continue a hearing to a date announced at the meeting. In
the event the Applicant objects to a continuance or postponement, or fails to provide
requested information, the waiver request shall be denied.
Section 6. Performance Standards
6.1. Construction-Site Stormwater Management
A. Projects eligible for Minor Stormwater Permits shall meet the construction-site
stormwater management performance standards detailed in Section 6.1.B to the
maximum extent practicable.
B. For Major Stormwater Permits, projects shall implement practices to control
construction-related erosion, sedimentation, and wastes in accordance with the most
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recent versions of the Massachusetts Stormwater Handbook and the Massachusetts
Erosion and Sedimentation Control Guidelines for Urban and Suburban Areas, or
more stringent standards as specified in these Regulations. The following performance
standards shall be met.
(1) Natural Resource Protection: Before commencing land disturbance activities,
the limits of permitted disturbance areas shall be marked with high-visibility
flagging, fencing, and/or signage. Areas designated for revegetation and/or
infiltration-based stormwater practices shall be marked with flagging, fencing,
and/or signage to restrict use of heavy vehicles and equipment in these areas to
avoid soil compaction. Tree protection shall be installed around the dripline for
all trees to be preserved. Buffers and other restricted areas shall be maintained
as required in a wetlands protection authorization from the Brewster
Conservation Commission or MassDEP.
(2) Area of Disturbance: Clearing and grading shall only be performed within
areas needed to build the project, including structures, utilities, roads,
recreational amenities, post-construction stormwater management facilities,
and related infrastructure. Construction activities shall be phased to minimize
the area of disturbed soil at any one time.
(3) Soil Stabilization: The time that soil is exposed shall be minimized by
stabilizing dormant areas as work progresses. Exposed areas shall be
vegetated, hydromulched, protected with erosion control blankets, or otherwise
stabilized within 14 days after land disturbance activities have permanently
ceased or will be temporarily inactive for 14 or more days. Vegetative cover
shall be prepared in the fall to ensure that exposed areas have cover before the
first freeze.
(4) Stockpiles: Materials shall not be stored or stockpiled near a storm drain or a
wetland resource area. Stockpiled materials that will be unused for 14 or more
days shall be covered with roof, tarp, or temporary seeding (of soil stockpiles).
Perimeter controls shall be installed around stockpile and staging areas.
(5) Perimeter Controls: Perimeter sediment controls, such as silt fencing and filter
tubes, shall be installed around downgradient boundaries, along all resource
areas, and around stockpile and staging areas. Compost socks and straw bale
shall be free of invasive species. Perimeter controls shall not be removed until
the drainage areas have been permanently stabilized.
(6) Stabilized Construction Entrance: Track-out controls (e.g., gravel apron) shall
be installed at each construction entrance to remove sediment from vehicles
and prevent tracking onto public roads. Where sediment has been tracked-out
from the site, paved roads, sidewalks, or other paved areas shall be swept or
vacuumed at the end of the workday. Sediment shall not be swept or hosed into
any stormwater conveyance, storm drain inlet, or waterbody.
(7) Inlet Protection: Filter bags, filter tubes, or other inlet protection controls shall
be installed to prevent sediment from entering downgradient storm drains. Inlet
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controls shall not be removed until the drainage areas have been permanently
stabilized.
(8) Runoff Diversion: Runoff shall be intercepted and diverted away from
disturbed areas with berms, swales, or pipes toward stabilized outlets.
Conveyances shall be stabilized with vegetation, erosion control blankets,
check dams, or similar practices to slow velocities and prevent erosion.
(9) Sediment Removal: Sediment traps and basins shall be used to remove
suspended solids from runoff before it discharges from the site. Traps and
basins shall be designed to use baffles, multiple cells, and other practices to
maximize the flow path and settling time. Sediment controls shall not be
removed until the drainage areas have been permanently stabilized.
(10) Dewatering: Dewatering activities shall use tanks, filter bags, or other practices
to remove sediment before discharge. Water shall not be discharged in a
manner that causes erosion or flooding of the site or receiving waters.
(11) Outlet Protection: Pipe outlets shall have stone aprons, level spreaders, or other
energy dissipation practices installed to prevent erosion.
(12) Construction Waste Management: Trash, debris, and sanitary wastes shall be
removed from the site on a regular basis. Dumpsters shall be covered at the end
of every workday and before rain events. Concrete mixers shall be washed out
only in designated areas with liners. Demolition debris, discarded building
materials, concrete truck wash out, chemicals, litter, and sanitary wastes shall
not be discharged to the MS4 and shall be legally disposed of.
(13) Post-Construction BMPs: Stormwater management facilities to be used after
construction shall not be used as BMPs during construction unless otherwise
approved by the Stormwater Authority. Many technologies are not designed to
handle the high concentrations of sediments typically found in construction
runoff, and thus must be protected from construction-related sediment
loadings.
(14) Dust Control: Dust control shall be used during grading operations. Dust
control methods may consist of grading fine soils on calm days only or
dampening the ground with water.
(15) Inspection and Maintenance: Erosion and sediment controls shall be inspected
as needed and at a minimum before and after rain events. Accumulated
sediments shall be removed, and erosion and sediment controls shall be
repaired or replaced as needed to ensure they perform as intended.
6.2. Post-Construction Stormwater Management
A. Minor Stormwater Permits
(1) Projects eligible for Minor Stormwater Permits shall evaluate and, unless
infeasible, implement Low Impact Development (LID) planning and design
strategies. LID practices may include, but not be limited to, protection and
restoration of natural resources, minimizing impervious surfaces, grading to
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direct runoff onto pervious surfaces, and soil decompaction and amendments to
improve infiltration capacity. Further guidance on LID practices may be found
in the Massachusetts Stormwater Handbook.
(2) Projects shall implement at least one stormwater BMP to mitigate the impacts
from stormwater runoff and pollutants generated from impervious surfaces on
the property. The Applicant may select a BMP type including but not limited
to:
i. Rain barrel for roof runoff
ii. Rain garden
iii. Pervious pavement
iv. Dry well
v. Infiltration trench
vi. Swale with check dams
(3) Stormwater BMPs shall be designed in accordance with the Massachusetts
Stormwater Handbook and shall have a storage volume equivalent to 1 inch
multiplied by the net increase in impervious surface area or by 500 square feet
of impervious surface area, whichever is greater.
B. Major Stormwater Permits
(1) At a minimum, Major Stormwater Permit projects shall comply with the
Massachusetts Stormwater Standards and the MS4 Permit. Design of
stormwater management systems shall be consistent with the requirements of
the Massachusetts Stormwater Handbook, or more stringent standards as
specified in these Regulations.
(2) Applicants shall evaluate and, unless infeasible, implement LID planning and
design strategies. LID practices shall include, but not be limited to, protection
and restoration of natural resources, minimizing impervious surfaces, grading
to direct runoff onto pervious surfaces, and soil decompaction and amendments
to improve infiltration capacity. Further guidance on LID practices may be
found in the Massachusetts Stormwater Handbook. If the Applicant finds that
LID practices are infeasible, the Applicant shall demonstrate which LID
practices were evaluated and reasons why those practices were deemed
infeasible.
(3) Selection and design of stormwater BMPs shall be optimized for the removal
of phosphorus and nitrogen. Infiltration BMPs, bioretention, and constructed
stormwater wetlands are recommended for reducing the concentration of
nutrients in stormwater discharges. Additional guidance on BMP performance
for phosphorus and nitrogen removal may be found in the MS4 Permit
Appendix F Attachment 3.
(4) Drainage analyses and design calculations shall use precipitation depths based
on 90% of the NOAA Atlas 14 upper confidence interval, also known as
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“NOAA Plus”. The following table lists the precipitation depths by design
storm for Brewster.
Design Storm Precipitation Depth (inches)
2-year, 24-hour 3.6
10-year, 24-hour 5.3
25-year, 24-hour 6.5
100-year, 24-hour 8.5
(5) BMPs located on commercial or industrial land use areas shall be designed to
allow for shutdown and containment to isolate the drainage system in the event
of an emergency spill or other unexpected event.
(6) New Development
a. Stormwater management systems for new development shall be designed
to remove, at a minimum, 90% of the average annual load of Total
Suspended Solids (TSS) and 60% of the average annual load of Total
Phosphorus (TP) generated from the total post-construction impervious
surface area on the site. Average annual pollutant removal requirements
may be achieved through one of the following methods:
i. Installing stormwater BMPs that provide the required pollutant removal
based on calculations developed using EPA Region 1’s BMP
Accounting and Tracking Tool (2016), the MS4 Permit Appendix F
Attachment 3 methodology, or other BMP performance evaluation tool
provided by the Stormwater Authority; or
ii. Retaining the volume of runoff equivalent to, or greater than, 1.0 inch
multiplied by the total post-construction impervious surface area on the
site; or
iii. Providing a combination of retention and treatment that achieves the
above standards.
(7) Redevelopment
a. Stormwater management systems for redevelopment shall be designed to
remove, at a minimum, 80% of the average annual load of TSS and 50%
of the average annual load of TP generated from the total post-
construction impervious surface area on the site. Average annual pollutant
removal requirements may be achieved through one of the following
methods:
i. Installing stormwater BMPs that provide the required pollutant removal
based on calculations developed using EPA Region 1’s BMP
Accounting and Tracking Tool (2016), the MS4 Permit Appendix F
Attachment 3 methodology, or other BMP performance evaluation tool
provided by the Stormwater Authority; or
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ii. Retaining the volume of runoff equivalent to, or greater than, 0.8 inch
multiplied by the total post-construction impervious surface area on the
site; or
iii. Providing a combination of retention and treatment that achieves the
above standards.
Section 7. Construction Inspections
7.1. For Minor Stormwater Permit projects, inspection requirements will be determined by the
Designated Agent based on the proposed project’s scale and complexity.
7.2. For Major Stormwater Permit projects, the following inspection requirements shall apply.
7.3. The Stormwater Authority may, at its discretion, require a pre-construction meeting prior
to the start of clearing, excavation, construction, or land disturbing activity by the
Applicant. The Permittee’s technical representative, general contractor, or other
authorized person(s) shall meet with the Stormwater Authority to review the permitted
plans and their implementation.
7.4. For projects subject to the NPDES Construction General Permit, construction may not
commence until the Permittee has submitted EPA’s approval of the Construction General
Permit Notice of Intent to the Stormwater Authority and posted the final Stormwater
Pollution Prevention Plan (SWPPP) at the site.
7.5. The approved Erosion and Sedimentation Control Plan bearing the signature of approval
of the Stormwater Authority shall be maintained at the site during the progress of the
work.
7.6. The Stormwater Authority or its designated agent may inspect the site at the following
stages, at a minimum:
A. Initial Site Inspection: An inspection may be made of erosion and sedimentation
controls and signage prior to any land disturbance to assess overall effectiveness and
functioning to protect resources.
B. Stormwater Management System Excavation Inspection: An inspection may be made
of the excavation for the stormwater management system to ensure adequate
separation of the stormwater system from groundwater and presence of approved soil
type.
C. Stormwater Management System Inspection: An inspection may be made of the
completed stormwater management system, prior to backfilling of any underground
drainage or stormwater conveyance structures.
D. Final Inspection: An inspection may be made of the completed stormwater
management system and final site stabilization to confirm as-built features and other
permit conditions.
7.7. Inspections will be conducted by a “qualified person” from the Stormwater Authority or a
third party hired to conduct such inspections. A “qualified person” is a person
knowledgeable in the principles and practice of erosion and sediment controls and
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pollution prevention, who possesses the appropriate skills and training to assess
conditions at the construction site that could impact stormwater quality, and the
appropriate skills and training to assess the effectiveness of any stormwater controls
selected and installed to meet the requirements of these Regulations.
7.8. The applicant shall notify the Stormwater Authority at least two (2) working days before
each of the following events:
A. Commencement of construction;
B. Erosion and sedimentation control measures are in place and stabilized;
C. Site clearing has been substantially completed;
D. Rough grading has been substantially completed;
E. Excavation for stormwater BMPs has been completed;
F. Subsurface components of stormwater BMPs have been installed, prior to backfilling;
G. Stormwater BMP surface features have been substantially completed;
H. Final grading has been substantially completed;
I. Close of the construction season; and,
J. Final landscaping (permanent stabilization) and project final completion.
7.9. Permittee Inspections. The Permittee, or their agent, shall conduct and document
inspections of all erosion and sediment control measures no less than weekly or as
specified in the permit, and prior to and following anticipated storm events. The purpose
of such inspections will be to determine the overall effectiveness of the Erosion and
Sedimentation Control Plan, and the need for maintenance or additional control measures
as well as verifying compliance with the Stormwater Management Plan. The Permittee,
or their agent, shall submit monthly reports to the Stormwater Authority or designated
agent in a format approved by the Stormwater Authority.
Section 8. Long-Term Operation and Maintenance
8.1. The Permittee shall ensure that all components of the proposed Stormwater Management
Plan are functioning according to manufacturer or design specifications for the life of the
system. All components shall be maintained in good condition and promptly repaired, in
accordance with the approved Operation and Maintenance plan. This shall constitute a
perpetual condition of any Stormwater Permit issued under these Regulations.
8.2. To ensure adequate long-term operation and maintenance of stormwater management
practices, the Stormwater Authority or Designated Agent may require Permittees to
implement one or more of the following procedures, depending on the scale and
complexity of the project:
A. Submit an annual certification documenting the work that has been done over the last
12 months to properly operate and maintain the stormwater control measures. The
certification shall be signed by the person(s) or authorized agent of the person(s)
named in the permit as being responsible for ongoing operation and management.
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B. File an annual Operation and Maintenance Report with the Stormwater Authority.
C. Establish a dedicated fund or escrow account in the form of a Bond, Insurance Policy,
or similar instrumentality, to be maintained for a number of years and for an amount
specified by the Stormwater Authority. Such fund or account may be used by the
applicant to perform its operation and maintenance responsibilities or, if the
Stormwater Authority finds that the applicant has failed to comply with the Permit, by
the Stormwater Authority to perform or cause to be performed the required operation
and maintenance tasks.
D. Pay to the Town an amount specified by the Stormwater Authority in compensation
for its acceptance of ownership of privately constructed BMPs.
E. Establish a maintenance contract between with the Stormwater Authority whereby the
Stormwater Authority will perform or cause to be performed the required operation
and maintenance tasks.
8.3. Recording
The Operation and Maintenance Plan shall be recorded with the Barnstable County
Registry of Deeds prior to issuance of a Stormwater Management Certificate of
Compliance by the Stormwater Authority pursuant to Section 5.10 of these Regulations.
8.4. Record Keeping
A. The Permittee shall keep records of all inspections, maintenance, and repairs and shall
retain the records for at least five (5) years. These records shall be made available to
the Stormwater Authority or Designated Agent during inspection of the stormwater
management structure or system and at other reasonable times upon request.
B. The Stormwater Authority or Designated Agent may request written records
documenting maintenance of the system, including receipts of inspection or cleaning
services, and/or may physically inspect the systems to ensure that the proper
maintenance has been carried out. Failure of the Permittee to maintain the stormwater
management system in reasonable order and condition, in conformance with the
approved Operation and Maintenance Plan, shall be considered a violation of these
Regulations and shall be subject to enforcement action in accordance with § 272-14 of
the Stormwater Management Bylaw.
8.5. Changes to Ownership and/or Operation and Maintenance Plans
A. The Permittee shall notify the Stormwater Authority or Designated Agent of changes
in ownership or assignment of financial responsibility for O&M of the stormwater
management system or any changes to the Operation and Maintenance Plan within 30
days of the change. The Permittee shall also be responsible for informing prospective
new owners of the requirements of the existing Operation and Maintenance Plan. This
shall be an on-going requirement of any Stormwater Permit issued.
Section 9. Surety
For Major Stormwater Permit projects, the Stormwater Authority may require the Applicant to
post a surety bond, irrevocable letter of credit, cash, or other acceptable security before the start
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of land disturbance activity. The form of the security shall be approved by the Stormwater
Authority and shall be in an amount deemed sufficient by the Stormwater Authority to ensure
that the work will be completed in accordance with the permit. If the project is phased, the
Stormwater Authority may release part of the security as each phase is completed in compliance
with the permit, but the security may not be fully released until the Stormwater Authority has
received the final report and issued a certificate of completion pursuant to Section 9 of these
Regulations. If the Permittee defaults on any obligations imposed by the Stormwater Permit, the
Stormwater Authority may (after notification of the Permittee) inform the holder of the security
(and the municipal treasurer if the treasurer is not holding the funds) of the default, in which
event the Town shall be entitled to the security funds.
Section 10. Severability
The invalidity of any section, provision, paragraph, sentence, or clause of these Regulations shall
not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor shall it
invalidate any permit or determination that previously has been issued.
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Appendix A. Definitions
ABUTTER: The owner(s) of land adjacent to regulated activity.
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that
changes the water quality, force, direction, timing, or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined or discrete discharge, change
in the volume of runoff from the area; change in the peak rate of runoff from the area; and
change in the recharge to groundwater on the area.
APPLICANT: Any person, individual, partnership, association, firm, company, corporation,
trust, authority, agency, department, or political subdivision of the Commonwealth or the Federal
government, to the extent permitted by law, requesting a Stormwater Permit.
BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions
of practices), structures, vegetation, maintenance procedures, and other management practices to
prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also include
treatment requirements, operating procedures, and practices to control plant site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material storage.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC): A
certified specialist in soil erosion and sediment control. This certification program, sponsored by
the Soil and Water Conservation Society in cooperation with the American Society of
Agronomy, provides the public with evidence of professional qualifications.
CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as
hereafter amended.
CLEARING: Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT: A contiguous area where multiple separate and
distinct construction activities may be taking place at different times on different schedules under
one plan.
DESIGNATED AGENT: Staff of the Planning, Conservation, and Building Departments
designated by the Stormwater Authority to review and act upon Minor Stormwater Permit
applications.
EROSION: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil
particles.
EROSION AND SEDIMENTATION CONTROL PLAN: A document containing narrative,
drawings and details developed by a registered Professional Engineer (PE) or a Certified
Professional in Erosion and Sedimentation Control (CPESC), which includes best management
practices, or equivalent measures designed to control surface runoff, erosion, and sedimentation
during pre-construction and construction related land disturbing activities.
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EROSION CONTROL: The prevention or reduction of the movement of soil particles or rock
fragments due to stormwater runoff.
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of
water into the underlying soil. This can include but is not limited to: roads, driveways, parking
areas and other areas created using nonporous material; buildings, rooftops, structures, solar
panels, artificial turf, and compacted gravel or soil.
INFILTRATION: The act of conveying surface water into the ground to permit groundwater
recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or
location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of
runoff or pollutants; measurably changes the ability of a ground surface to absorb waters;
involves clearing, grading, or excavating, including grubbing; or results in an alteration of
drainage characteristics.
LOW IMPACT DEVELOPMENT (LID): Site planning and design strategies that use or mimic
natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order
to protect water quality and associated aquatic habitat.
M.G.L.: Massachusetts General Laws.
MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS: The performance
standards as further defined by the Massachusetts Stormwater Handbook, issued by the
Department of Environmental Protection, and as amended, that coordinate the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act M.G.L. c. 131 §. 40 and Massachusetts Clean Waters Act M.G.L. c. 21, §. 23-56
to prevent or reduce pollutants from reaching water bodies and control the quantity of runoff
from a site.
MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate
Storm Sewer Systems in Massachusetts.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying
stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm
drain, pumping facility, retention or detention basin, natural or altered drainage channel,
reservoir, and other drainage structure that together comprise the storm drainage system owned
or operated by the Town of Brewster.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER DISCHARGE PERMIT: A permit issued by the Environmental Protection
Agency that authorizes the discharge of pollutants to Waters of the United States.
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NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not
previously been developed to include impervious cover.
NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall or
snowmelt moving over and through the ground. As the runoff moves, it picks up and carries
away pollutants finally depositing them into a water resource area.
OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to insure that it continues to function as designed.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government,
to the extent permitted by law, and any officer, employee, or agent of such person.
PUBLIC SHADE TREES: All trees within a public way or on the boundaries thereof, as defined
within Massachusetts General Law Chapter 87 (Public Shade Tree Law).
RECHARGE: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected,
filed with the recorder of the Land Court of Massachusetts.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land
alteration, or phased projects that disturb the ground surface, including impervious surfaces, on
previously developed sites.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its
origin to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: The areal extent of land disturbance and construction activities, including but not limited
to the creation of new impervious surface and improvement of existing impervious surface.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative
methods, to prevent or retard erosion.
STORMWATER AUTHORITY: Brewster Planning Board or its authorized agent(s).
STORMWATER: Stormwater runoff, snow melt runoff, and surface runoff and drainage.
STORMWATER MANAGEMENT CERTIFICATE OF COMPLIANCE (SMCC): A document
issued by the Stormwater Authority which states that all conditions of an issued Stormwater
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Permit have been met and that a project is currently in compliance with the conditions set forth
in the permit.
STORMWATER PERMIT: A permit issued by the Stormwater Authority pursuant to the Town
of Brewster Stormwater Management Bylaw (Chapter 272) prior to commencement of Land
Disturbing Activity or Redevelopment.
TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean
Water Act) that identifies the amount of a pollutant that a waterbody can assimilate without
exceeding its water quality standard for that pollutant.
TOTAL SUSPENDED SOLIDS (TSS): A measure of undissolved organic or inorganic particles
in water.
TOTAL PHOSPHORUS (TP): A measure of the total dissolved and particulate forms of
phosphorus.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act
M.G.L. c. 131, § 40 and in the Brewster Wetlands Protection Bylaw (Chapter 172).
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Appendix B. Stormwater Management Plan Checklists
Minor Stormwater Permit Applications
The application for a Minor Stormwater Permit shall contain sufficient information for the
Designated Agent to evaluate the environmental impact, effectiveness, and acceptability of the
measures proposed by the Applicant to reduce adverse impacts from stormwater runoff during
and after construction.
The Minor Permit Application package shall include:
A. Completed Application Form with original signatures of all property owners;
B. Narrative describing the proposed work including existing and proposed site
conditions (including structures, vegetation, and drainage), measures to mitigate any
stormwater impacts, and anticipated maintenance requirements;
C. An Operation and Maintenance Plan to inspect, properly maintain, and repair installed
best management practices (BMPs) after project completion to ensure that they are
functioning according to manufacturer or design specifications for the life of the BMP;
D. One digital copy and two (2) printed copies of plans that include:
(1) Existing site features including structures, pavement, plantings, and stormwater
management systems, etc.;
(2) Proposed work including proposed stormwater management systems and limits
of disturbance; and
(3) Erosion and sedimentation controls.
Major Stormwater Permit Applications
Stormwater Management Plan shall contain sufficient information for the Stormwater Authority
to evaluate the environmental impact, effectiveness, and acceptability of the site planning
process and the measures proposed by the applicant to prevent adverse impacts from stormwater
runoff during and after construction.
Stormwater Management Plans submitted for consideration shall contain the following minimum
components:
1. Existing Conditions Plan;
2. Proposed Conditions Plan;
3. Erosion and Sediment Control Plan;
4. Construction Detail Plan;
5. Stormwater Management Report; and
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6. Operation and Maintenance Plan.
More information than the minimum required herein may be required, provided such information
is reasonably necessary for the proper evaluation of the Stormwater Management Plan.
Additional plans, such as but not limited to utility plan, landscaping plan, etc., may be required
for more complex projects.
Plans shall be prepared to fully detail and explain the intentions of the Applicant. Plans shall be
prepared at a standard scale (1” = 20’, 1” = 40’, or 1” = 80’, whichever is appropriate to the size
of the proposal). All plans shall include a reasonable numbering system with an appropriate title
block, North arrow, signature block, and legend identifying any representative symbols used on
the sheet in question.
Design Certification: Each plan sheet shall show the seal and signature of an Engineer or a
Surveyor, or both, as appropriate to the data.
Existing Conditions Plan
The Existing Conditions Plan shall contain all the necessary information to convey existing
surface features and drainage patterns. It shall contain a topographical survey plan prepared by a
Surveyor, including the following information:
Name, seal, and signature of the Surveyor who performed the survey.
Date(s) of the survey.
Reference to all deeds, plans of record, and other information used to establish the
existing property lines, the layout of all streets and ways, and public and private
easements, including deed references to the abutting lots.
Locus Plan, prepared at a scale not smaller than 1” = 1200’ and a minimum extent of
one mile diameter. Major streets, buildings, brooks, streams, rivers, or other
landmarks should be shown on the Locus Plan with sufficient clarity to be easily
discernible.
Existing property lines, public and private easements, and road layouts with bearings
and distances. All distances shall be in feet and decimals of a foot and all bearings
shall be given to the nearest ten seconds. The error of closure shall not exceed one to
ten thousand.
Boundary of the entire property held in common ownership by the Applicant
regardless of whether all or part is being developed at this time.
Acreage of the property to the nearest tenth of an acre.
Existing monuments.
Location and name of all abutters as they appear on the most recent tax list, including
owners of the property on the opposite side of all streets abutting the property.
Location, names, status (i.e., public or private), and present widths of streets and
sidewalks bounding, approaching, or within reasonable proximity of the property,
showing both roadway widths and right-of-way width.
Location of all test pits, borings, percolation tests, or similar, in or adjacent to the
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development. Logs of observed groundwater elevations and other test data shall be
included in the Stormwater Management Report.
Location of all existing buildings and structures on the property and within reasonable
proximity of the perimeter of the property.
Location of all existing wells and septic systems that can be observed and/or are on
file with the Health Department, on the property and within reasonable proximity of
the perimeter of the property.
Features within and abutting the property, including but not limited to, waterways,
water bodies, drainage ditches, streams, brooks, stone walls, fences, curbing,
walkways and other paths (paved or unpaved), utility and light poles, buildings and
other structures, ledge outcrops, wooded areas, public shade trees and all other trees
greater than six inches in caliper, and historic sites.
Location and identification of resource areas regulated under the Massachusetts
Wetlands Protection Act or the Brewster Wetlands Protection Bylaw, including areas
located within the property and areas outside of the property with buffer zones or
offsets that may intersect the property. This shall include wetlands and associated
offsets and buffer zones, isolated lands subject to flooding (ILSF), bordering land
subject to flooding (BLSF), and riverfront protection areas. If a currently valid
delineation for the property does not exist, wetland boundaries shall be delineated in
the field with numbered flags by a qualified wetlands specialist, surveyed, and shown
on the plan(s) with reference to the flag numbers. The date of any Resource Area
Delineation, Determination of Applicability, Order of Conditions, or other applicable
decision from the Brewster Conservation Commission shall be indicated on the plans.
Location of aquifer protection zones, including Zone 1 and Zone II as defined in the
Brewster Water Quality Protection Bylaw, Chapter 179 Article XI.
Location of all existing above- and below-ground utilities and all associated
appurtenances within and abutting the property. All utility pipe types, sizes, lengths,
and slopes shall be provided, as well as utility structure information, including rim
and invert elevations.
Existing topography within the property and within reasonable proximity of the
perimeter of the property. Topography shall be provided at a minimum one-foot
contour intervals. The plan survey datum shall be the National American Vertical
Datum 1988 (NAVD88), and this reference shall be identified on the plans.
Stormwater flow direction.
Proposed Conditions Plan
The Proposed Conditions Plan shall indicate all proposed site improvements, including but not
limited to structures, buildings, sidewalks, handicap ramps, parking areas, curb type and limits,
walls, fences, landscaped areas, and the proposed location of all utilities, as described below:
All applicable information from the Existing Conditions Plan. The proposed
improvements shall be overlaid on the existing conditions and shown in a darker line
weight.
The boundaries of the site, the outline or footprint of all proposed buildings,
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structures, parking areas, walkways, loading facilities, or significant landscaping
features shall be shown.
All means of vehicular access for ingress and egress to and from the site onto the
public streets. Plans should show the size and location of driveways and curb cuts.
The location of all public shade trees and all other trees over six inches in caliper to
be removed.
The location and type of all above-ground and below-ground utilities.
The existing and proposed above- and below-ground stormwater management system,
with pipe sizes, lengths, slopes, and materials including conveyances, catch basins,
manholes, culverts, headwalls, detention and/or retention basins, treatment units,
infiltration systems, and outlet pipes/structures. Rim and invert elevations shall be
provided for all structures and other appurtenant features.
Proposed contours indicating the finished grades of all proposed construction in the
site. The plan shall show how the proposed grades will tie in to the existing grades
within and outside of the limit of disturbance. The grades should be provided at a
minimum one-foot contour intervals. Walls, curbing and any other features creating a
break in grade shall be shown, including proposed top and bottom grades.
Stormwater flow direction.
Erosion and Sediment Control Plan
The Erosion and Sediment Control Plan shall contain sufficient information to demonstrate that
erosion will be minimized and sediment contained as part of a land disturbance activity,
including the following:
All applicable information from both the Existing and Proposed Conditions Plans.
The proposed development information shall be shown in a darker line weight.
Location of the proposed limit of land disturbance activity, to be lined by perimeter
sediment controls in downgradient areas and along all resource areas.
Location of anti-tracking area at each construction entrance.
Inlet and outlet erosion and sediment controls at all existing and proposed drainage
structures.
Tree protection for all public shade trees and all other trees over six inches in caliper
proposed to remain.
Seeding, sodding, or revegetation plans and specifications for all unprotected or
unvegetated areas.
Location and design of all structural erosion and sediment control measures, such as
grade stabilization practices, temporary drainage swales, dewatering devices, and
temporary sedimentation basins.
Location of all proposed construction stockpiling and staging areas with appropriate
erosion and sediment control measures.
Location of areas designated for revegetation or infiltration-based BMPs, with notes
indicating that soil compaction shall be avoided in those areas.
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Notes detailing the proposed operation, maintenance, and inspection schedule for all
erosion and sedimentation control measures, including proposed schedule for street
sweeping of adjacent roadways and paved areas.
Notes indicating that demolition debris, discarded building materials, concrete truck
wash out, chemicals, litter, and sanitary wastes may not be discharged to the MS4 and
must be legally disposed of.
Where a site is located in whole or in part within the floodplain, a Floodplain
Contingency Plan shall be included with the Erosion and Sediment Control Plan. The
Floodplain Contingency Plan shall describe the steps necessary to stabilize the site
during construction in the event that a flood watch is declared by the National
Weather Service.
Where a project is also subject to coverage under a National Pollutant Discharge
Elimination System (NPDES) Construction General Permit issued by the EPA,
submission of the Stormwater Pollution Prevention Plan (SWPPP) shall be required
prior to commencement of land disturbance activities.
Construction Details Plan
The Construction Details Plan should provide information regarding the component parts of the
construction, illustrating how they fit together. The plan shall show the following:
Typical construction details of all proposed stormwater management system devices,
including but not limited to conveyances, catch basins, manholes, headwalls, sub-
drains, detention and retention systems, and other stormwater management system
structures.
Landscaping details including, but not limited to, tree plantings, shrubs, perennials,
fences, walls, guard rails, street furniture, and other specialty items, if applicable.
Construction details for all hard surfaces, including but not limited to, roadways,
sidewalks, driveways, loading docks, handicap ramps, permeable pavers, and curbing.
Erosion and sediment control details that for components included in the Erosion and
Sediment Control Plan.
Where site constraints or differing conditions require work that deviates from “typical
details,” specific construction details shall be provided.
All proposed work within the public right-of-way shall conform to Town of Brewster
and/or MassDOT Standard Details, where applicable.
Stormwater Management Report
A separate Stormwater Management Report shall be submitted with the Stormwater Permit
Application. It shall be prepared and stamped by an Engineer, and shall contain the following
information:
Contact Information. The name, address, and telephone number of all persons having
a legal interest in the property and the tax reference number and parcel number of the
property or properties affected.
Description of the watershed that the site is located in, the immediate downgradient
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waterbody(s) that stormwater runoff from the site discharges to, the impairment status
and Total Maximum Daily Load (TMDL), if applicable, of the watershed and
waterbody(s), and the pollutant(s) of concern.
Description of the existing and proposed soil conditions (including Hydrologic Soils
Group [HSG] classification published by the National Resources Conservation
Service [NRCS]), land use, land cover, estimated high groundwater elevations, design
points, drainage patterns, and proposed stormwater management practices.
Description of proposed work within proximity of regulated wetland resources,
aquifer protection zones, earthwork within 4 feet of seasonal high groundwater
elevations, and other sensitive environmental areas.
Description of the low impact development (LID) site planning and design techniques
considered for the project and an explanation as to why they were included or
excluded from the project.
Description of the existing and proposed stormwater management system, including
all proposed BMPs incorporated in the project design.
Description of all soil testing conducted in the study area, including sieve analyses,
tests for saturated hydraulic conductivity, test pits, or soil borings. Soils information
shall be based on field investigations by a Soil Evaluator approved by the
Commonwealth of Massachusetts, or by an Engineer. Testing shall be performed in
accordance with Volume 3 of the Massachusetts Stormwater Handbook (dated
February 2008, as amended) and these Rules and Regulations. Raw test data shall be
provided in an appendix to the report.
Narrative describing the methodology used to conduct the hydrologic and hydraulic
analyses of the site and the design of the proposed stormwater management system.
Tables comparing existing and proposed impervious areas, peak stormwater runoff
rates, and total stormwater runoff volumes for each design point and for the 2-, 10-,
25-, and 100-year design storms.
Narrative and calculations demonstrating compliance with the Massachusetts
Stormwater Management Standards.
Narrative and calculations demonstrating compliance with the requirements of
Section 6 of these Regulations, including estimated reductions to annual average load
of total suspended solids (TSS) and annual average load of total phosphorus (TP).
Calculations shall be completed using the Environmental Protection Agency (EPA)
Region 1’s BMP Accounting and Tracking Tool (2016), the Massachusetts MS4
Permit Appendix F Attachment 3 methodology, or other BMP performance
evaluation tool provided by the Stormwater Authority.
Description of any impacts to the floodplain and floodway and a summary of
compensatory flood storage calculations, if appropriate.
Description of existing and proposed groundwater recharge on the site, including
quantitative summary of existing and proposed recharge volumes, and summary of
groundwater mounding analysis, if applicable.
Plans showing existing and proposed drainage areas, including any off-site
contributions, and time of concentration travel flow-paths. Study design points should
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be indicated on the plan.
If applicable, a map showing the location of the site overlaid on the Federal
Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) for
the Town of Brewster, or other appropriate information pertaining to location of the
floodplain and floodway boundaries in relation to the site.
Appendix containing all drainage calculations for existing and proposed conditions,
including hydrologic analysis of the site, hydraulic analysis of the proposed drainage
system, and calculations supporting the design of all BMPs that will control
stormwater runoff pollutants, peak rates, and volumes.
Massachusetts Department of Environmental Protection (MassDEP) Checklist for
Stormwater Report, stamped and signed by a registered Professional Engineer (PE)
licensed in the Commonwealth of Massachusetts to certify that the Stormwater
Management Plan is in accordance with the criteria established in the Massachusetts
Stormwater Management Standards, Brewster Stormwater Management Bylaw, and
these Regulations.
Operation and Maintenance Plan
An Operation and Maintenance (O&M) Plan, in accordance with the Massachusetts Stormwater
Management Standards, shall be included with the Stormwater Management Plan. The purpose
of the plan is to identify the actions necessary to ensure that stormwater management systems
and BMPs function as designed, in perpetuity.
At a minimum, the O&M Plan shall contain:
The name(s) of the Owner of all components of the system, and the name(s) and
address(es) of the Responsible Party for O&M of each component, if different from
the Owner.
A plan that is prepared to scale and shows the location of all stormwater management
system components and all discharge points.
A description of all BMPs, including proper operating parameters and how the Owner
will determine if a BMP is not functioning properly.
A description of long-term source control and pollution prevention measures.
An inspection log and a description of all inspection and maintenance procedures,
responsibilities, and frequencies. Where applicable, this schedule shall refer to the
Maintenance Criteria provided in the Stormwater Handbook or the EPA National
Menu of Stormwater Best Management Practices or equivalent;
An inspection and maintenance schedule for all routine and non-routine maintenance
tasks to be performed.
Minimum qualifications for personnel that will perform inspections and maintenance.
Snow storage procedures and locations in accordance with the MassDEP Snow
Disposal Guidance, dated December 11, 2020, as amended. Snow shall not be stored
or disposed of in any proposed stormwater BMP.
A list of easements held to access any BMPs.
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An estimated O&M budget.
A copy of the As-built Plan prepared in accordance with Section 5.10 of these
Regulations, upon project completion.
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Appendix C. Fee Schedule
Fee
Minor Stormwater Permit Application
Major Stormwater Permit Application
Request for Stormwater Management
Certificate of Compliance
Consultant Services and Technical Review Determined on a case-by-base basis
Archive d: Friday, October 15, 2021 8:46:18 AM
From: Lynn St. Cyr
Se nt: Thu, 14 Oct 2021 19:53:01 +0000Authentication
To: Erika Mawn; Peter Lombardi; Beth Devine; Pete Dahl
Subje ct: Water Quality Protection District Zoning Bylaw Amendment and Stormwater Management Town Code Amendment
Se ns itivity: N ormal
Attachme nts :
Water Quality Protection District_2021TM_Article XX_Final _101421.docx; 090821_WQPD_Memo.pdf; Stormwater_2021
TM_ArticleXX_Final_100821.docx; 072321 Stormwater Memo.pdf; Brewster Stormwater Regulations_DRAFT_091621.pdf;
Good afte rnoon Eve ryone ,
Fol l owing up on my emai l of Octobe r 6th , at their October 13, 2021 meeti ng, the Pl anning Board he l d a public he ari ng on the proposed amendment to the
wate r quality prote ction di stri ct se ction of the zoning byl aw (Chapte r 179) and voted 7-0-0 to recommend town meeti ng support the attache d propose d
ame ndme nt. Al so, attached for re fere nce is a staff memo provided to the Pl anning Board during the i r revi e w process.
At their Octobe r 13, 2021 me e ting, the Planni ng Board continued their public he ari ng on the propose d ame ndme nt to the town code f or stormwater
manage me nt and vote d 4-3-0 to re comme nd town meeti ng support the attached proposed amendment. Also, attached for refere nce is a staff memo
provided to the Pl anning Board during the i r revi ew proce ss. Additi onally, attached i s a draft of the stormwater management re gulations. The Planni ng Board
conti nue s to work on these regul ati ons and hopes to complete the i r work by Town Meeti ng.
Mark Nelson and Lori Ke nne dy of Horsl e y Witten have be e n worki ng with staff and the Pl anning Board on the wate r quality protecti on district and
stormwate r management ame ndme nts. Mark and Lori are avai l able to present the propose d ame ndme nts at the October 18th Se l e ct Board and Octobe r 20th
Fi nance Commi tte e meeti ngs.
Erika and Be th, coul d you please forward agendas for Octobe r 18th /Octobe r 20th and Zoom i nformati on to Mark Nelson (mnelson@horsl e ywi tte n.com) and
Lori Kennedy (l kennedy@horsl e ywi tte n.com) once availabl e ?
Thank you,
Lynn
Lynn M. St. Cyr
Se ni or Departme nt Assistant
Planni ng Departme nt
Bre wste r Town Offices
2198 Main Street
Bre wste r, MA 02631
T: 508-896-3701 x1233
F: 508-896-8089
Beginning Tuesday July 6th, Town offices will be open to the public on Tuesday, Wednesday, and Thursday. Residents and visitors are urged to continue to
access town services remotely if possible. Phone messages and email communications will continue to be answered promptly. If you need assistance, please
call (508)896-3701 ext. 1133 and/or email us at brewplan@brewster-ma.gov. Thank you for your understanding and cooperation. For the latest updates on
Town services, please visit www.brewster-ma.gov.
Planning Staff Memo
Date: August 24, 2021 (revised 9/8/21)
To: Planning Board
From: Ryan Bennett, Town Planner
RE: Water Quality Protection District Zoning Bylaw Amendments
Staff in the building, planning and health departments have been working with Horsley Witten to
present amendments to the Water Quality Protection District zoning overlay. These changes will clarify
the applicability of performance standards to uses within the district and are brought forward to achieve
the following:
Clarify the applicability of the performance standards for nitrogen loading for commercial and
residential uses within the overlay district,
Bring the performance standards for calculating nitrogen loading under the jurisdiction of the
Board of Health,
Align water quality protection requirements with the proposed stormwater management bylaw,
and
Streamline the process and permitting requirements for nitrogen loading.
These amendments are proposed principally as housekeeping changes and for regulatory streamlining.
Town of Brewster
Planning Department
2198 Main Street
Brewster, MA 02631
508-896-3701
www.town.brewster.ma.us
Archive d: Thursday, O ctober 7, 2021 9:08:36 AM
From: Lynn St. Cyr
Se nt: Wed, 6 O ct 2021 19:24:17 +0000Authentication
To: Erika Mawn; Beth Devine; Peter Lombardi; Pete Dahl
Subje ct: Floodplain District Zoning Bylaw Amendments
Se ns itivity: N ormal
Attachme nts :
Floodplain_2021TM_ArticleXX_Final_092221.doc; Floodplain_2021TM_ArticleXX_Final_092221.pdf; Floodplain Bylaw Memo_072021.pdf;
Good afte rnoon Eve ryone ,
The Planni ng Board is sponsoring three articles for the November special town me e ting to include amendments to the floodplai n district and wate r quality
protecti on district secti ons of the zoning byl aw (Chapter 179) as well as the additi on of a stormwate r management bylaw (Chapter 272) to the town code.
On Septe mbe r 22, 2021, the Pl anning Board held a publ i c hearing on proposed amendments to the fl oodpl ain di stri ct zoning byl aw and voted 7-0-0 to
re comme nd town me e ting support the proposed ame ndme nts. This i s propose d as a strike and re pl ace article. Attached is the f l oodpl ain di stri ct zoni ng
byl aw as pre se nted at the public he ari ng. Also, attached i s a staf f me mo and a re d-lined versi on of the byl aw provided to the Planni ng Board.
Shannon Hulst, De puty Di rector of the Cape Cod Coope rative Exte nsi on, has been working wi th staff on the floodplain distri ct zoni ng bylaw amendment and
parti ci pate d in the Septe mbe r 22nd public hearing. Shannon is availabl e to pre se nt this proposed bylaw amendment at the Octobe r 18th Select Board and
Octobe r 20th Finance Committee me e tings.
Erika and Be th, coul d you please forward agendas for Octobe r 18th /Octobe r 20th and Zoom i nformati on to Shannon at Shannon.hul st@barnstabl e county.org
once i t i s avai l able?
The two additi onal proposed bylaw amendments sponsored by the Pl anning Board (stormwate r management and water qual i ty protecti on district) are
scheduled for public he ari ng on We dne sday, October 13th . I wi l l f orward addi tional information after the public hearing.
Thank you and take care,
Lynn
Lynn M. St. Cyr
Se ni or Departme nt Assistant
Planni ng Departme nt
Bre wste r Town Offices
2198 Main Street
Bre wste r, MA 02631
T: 508-896-3701 x1233
F: 508-896-8089
Beginning Tuesday July 6th, Town offices will be open to the public on Tuesday, Wednesday, and Thursday. Residents and visitors are urged to continue to
access town services remotely if possible. Phone messages and email communications will continue to be answered promptly. If you need assistance, please
call (508)896-3701 ext. 1133 and/or email us at brewplan@brewster-ma.gov. Thank you for your understanding and cooperation. For the latest updates on
Town services, please visit www.brewster-ma.gov.
Town of Brewster,
Massachusetts
Drummer Boy Park Master Plan
Final Report
July 2021
Photo: Brewster Conservation Day ‐ July 2018
i
Table of Contents
Section 1 Study Purpose and Team
1.1 Study Purpose ............................................................................................................................................................ 1-1
1.2 Project Team ............................................................................................................................................................... 1-1
Section 2 Data Collection and Existing Conditions Analysis
2.1 Data Collection ........................................................................................................................................................... 2-1
2.2 Existing Conditions .................................................................................................................................................. 2-1
2.3 Initial Site Visit with Town ................................................................................................................................... 2-4
2.4 Opportunities and Constraints............................................................................................................................ 2-4
2.5 Site Visit with Advisory Committee .................................................................................................................. 2-6
Section 3 Schematic Concept Plans
3.1 Concept Plan I ............................................................................................................................................................. 3-1
3.2 Concept Plan II ........................................................................................................................................................... 3-3
3.3 Concept Plan III ......................................................................................................................................................... 3-6
Section 4 Recommended Master Plan
4.1 Recommended Master Plan Overview ............................................................................................................. 4-1
4.2 Phasing Strategy ........................................................................................................................................................ 4-4
4.3 Order of Magnitude Project Budget .................................................................................................................. 4-4
Section 5 Conclusion
List of Figures
Figure 2-1 Drummer Boy Existing Conditions..................................................................................................... 2-3
Figure 2-2 Brewster Opportunities and Constraints ........................................................................................ 2-5
Figure 3-1 Drummer Boy Park Concept Plan I .................................................................................................... 3-2
Figure 3-2 Drummer Boy Park Concept Plan II ................................................................................................... 3-4
Figure 3-3 Drummer Boy Park Concept Plan III ................................................................................................. 3-6
Figure 4-1 Drummer Boy Park Recommended Master Plan ......................................................................... 4-2
Figure 4-2 Drummer Boy Park Use Area Plan ..................................................................................................... 4-3
Figure 4-3 Drummer Boy Park Phase I Improvements Plan ........................................................................ 4-5
Appendices
Appendix A Order of Magnitude Opinion of Probable Project Cost
Appendix B Drummer Boy Park Master Plan Presentation to Board of Selectmen June 7, 2021
Appendix C Meeting Minutes
1‐1
Section 1
Study Purpose and Team
The Town of Brewster purchased a property in town in 1988 that was occupied by a museum and
residence building. In 1995 the Town of Brewster in collaboration with Mary Smith Associates,
P.C. Landscape Architects & Planners completed a Master Plan Study on Drummer Boy Park. That
Master Plan was presented to and approved by Town Meeting on May 1, 1995. The study
identified the opportunities and constraints for the site and developed a programmatic plan to
maximize the potential into the future via a phased implementation approach. Some of these
improvements, including the bandstand, playground, and some walking paths, have already been
implemented. In 2020 the Select Board established the Drummer Boy Park Advisory Committee
to review the park and revise the Master Plan. CDM Smith was hired by the town to assist the
committee in preparing the revised design.
1.1 Study Purpose
The purpose of this study is to update the Master Plan for Drummer Boy Park considering the
current needs of the town. Identifying specific opportunities and constraints at the site allows
local representatives and the public to understand the site better and then decide how best to
structure a plan to protect the resource as well as meet the needs of the community for many
years to come. Factoring in knowledge and concepts from existing user groups as well as
potential user groups is an important component of this master plan development.
1.2 Project Team
This project was coordinated for the town by an advisory committee which included the Brewster
Department of Natural Resources, Department of Public Works, the Council on Aging, Recreation
Department, Conservation Trust, local historical organizations, Brewster residents, and CDM
Smith, and comprised of the following individuals:
Committee Members
E. James Veara, Chair
John Kissida, Vice Chair
Cherlyanne Lombardi, Clerk
Andrea Nevins
Stephen Najarian
Patricia Hughes, Natural Resources Advisory Commission Representative
Tom Wingard, Brewster Recreation Commission Representative.
Section 1 Study Purpose and Team
1‐2
Advisory Members
Bob Smith, Cape Cod Museum of Natural History
Sally Gunning, Brewster Historical Society
Hal Minis, Brewster Conservation Trust
Chris Miller, Director, Brewster Department of Natural Resources
Patrick Ellis, Superintendent, Brewster Department of Public Works
Michael Gradone, Director, Brewster Recreation Department
Denise Rego, Director, Brewster Council on Aging
Consultants
Michael Dodson, CDM Smith
David Young, CDM Smith
Several town staff members, elected and town officials, user groups and members of the
community also provided input at committee meetings, community meetings, and general
correspondence.
2‐1
Section 2
Data Collection and Existing Conditions Analysis
A significant amount of data was collected by the project team and town representatives during
preparation of the master plan. Understanding the parks uses and user groups, and site
constraints and opportunities is an important step in master plan development.
2.1 Data Collection
The town provided property limits and ownership of parcels around Drummer Boy Park which
identified opportunities to provide connections to adjacent properties. Historic plans were
provided that included the historic residential dwelling as well as the museum that was
demolished. A site plan that was developed by J.M. O’Reilly & Associates, Inc. was also provided
that showed limits of the recently installed asphalt walkway meandering through the site and
also wetland limits. The limits of wetland and wetland buffers was used to define limits of
proposed improvements. The town also provided information for the abandoned gift shop, which
is useful to understand the vacant structure’s potential for reuse. A Playground Safety Audit as
prepared by Playground Inspections of New England, LLC, and Nancy White a Certified
Playground Safety Inspection. The audit identified that the playground is in need of many
improvements including improved drainage, deteriorated structures, and accessibility
improvements. The Town has taken care of any immediate safety issues that were noted.
2.2 Existing Conditions
The park is sited between Old Kings Highway (Route 6A) to the south and Quivett Creek and Wing
Island to the north. Old Higgins Farm Windmill and Windmill Village owned by Brewster
Historical Society and Windmill Meadows owned by Brewster Conservation Trust are located to
the west, and a wooded parcel owned by the Conservation Commission is located to the east. The
close proximity to these town resources provided the opportunity to integrate each parcel
together as one cohesive park. Further to the east is the Cape Cod Museum of Natural History
with a sidewalk leading to the park.
When driving into the site, the driver’s view is partially blocked by an existing hydrangea shrub.
Vehicles are able to drive counterclockwise around a central green that holds the town’s seasonal
tree that is decorated during the holiday season in December. The parking area is laid out
organically and vehicles parallel park on each side of the drive aisle. When spaces within the
paved area are fully occupied, vehicles park off of the pavement area where there was once grass
but is now mostly bare soil.
Adjacent to the parking area, the vacant gift shop stores equipment used by a local band that
plays at the bandstand. The view of the playground is unfavorably blocked by this vacant
building. The playground surfacing is covered with wood chips and is not considered accessible
by Massachusetts Architectural Access Board (MAAAB). Many of the structures are rusty, broken,
have missing pieces, and are identified as dangerous by the audit report.
Section 2 Data Collection and Existing Conditions Analysis
2‐2
The parking area and playground open to a meandering walkway that was paved in 2020. This
leads visitors around the site with a few seating areas located to take advantage of views of
Quivett Creek. Another wooded trail was developed in the woods on the western side of the
property. Some visitors walk through a partially exposed wooded trail on the east side of the
parcel to access an existing gravel road to access Wing Island. Existing features were captured
and labeled on an Existing Conditions Plan (Figure 2‐1).
This space was intentionally left blank.
Section 2 Data Collection and Existing Conditions Analysis
2‐4
2.3 Initial Site Visit with Town
In October of 2020 CDM Smith visited the site with town officials to discuss goals, identify
opportunities and constraints, and review improvement priorities. Upon entering the site, it was
clear that one of the goals of the project is to enhance the views of Quivett Creek and the bay.
Another goal emphasized was to preserve the character of the park.
Drummer Boy Park is used for many passive activities including walking, picnicking, bird
watching, and enjoying the outdoor environment. Recreational activities at the site include
frisbee, playing catch, and use of the playground. Organized activities including craft shows,
farmer’s markets, fairs, festivals, and weddings occur at the site throughout the year. For these
events, tents and vehicles are grouped in open lawn areas that are identified prior to the event.
It is a goal to identify the park use areas based on the organized activities scheduled at the site.
Drummer Boy Park attracts many people of all ages for different activities. Increased use at the
park creates a desire for additional parking, but it was stressed that if too many parking spaces
are provided, the character of the park would become compromised. The stated goal of the
Advisory Committee was not to create a “large, paved parking lot”
2.4 Opportunities and Constraints
Improvements are needed to serve current and future needs of the community. The site has
significant potential to enhance the existing features and increase activities. There is great
opportunity for the Town, Brewster Historical Society and Brewster Conservation Trust to
collaborate on future integration of their properties to form the Brewster Drummer Boy Park
Complex. From the data collected and observations on site, an Opportunities and Constraints plan
was prepared (Figure 2‐2).
An opportunity was identified to selectively clear understory vegetation to enhance views of
Quivett Creek. The view is currently constrained from vegetation along the edge of the creek as
well as partially from trees along Old Kings Highway. View corridors were identified and added to
the plan. Selective clearing could also provide additional shaded seating areas accessible from the
existing walkways. The existing wooded trail has become overgrown with invasive vegetation,
and there is an opportunity to manage the vegetation, while proving better visual access to the
trail and making it more easily accessible.
There are opportunities to expand pedestrian walkways to the wooded parcel on the east as well
as the Windmill Village on the west. This would create a setting where visitors could access the
adjacent parcels and increase the overall use of the site. There is potential to create a connection
to Wing Island in the future with a boardwalk, and access to the boardwalk would likely come
from Drummer Boy Park. Increased pedestrians entering the site will need to be considered when
planning walkway locations and widths.
Due to the current use at the site and the anticipated increase in use for the future, there is an
opportunity to increase the structured parking area while still preserving the character of the
site. As an alternative, expansion of the existing parking area could be considered if deemed
necessary by the town in the future.
Section 2 Data Collection and Existing Conditions Analysis
2‐6
Because of the existing soil there are some areas on the site where puddles form and should be
addressed by proposed improvements. There is an opportunity to create rain gardens intended to
collect and infiltrate stormwater in the wet areas around the site.
There is an opportunity to add restrooms to the park allowing visitors to stay longer. However,
due to the poor draining soils most of the site is unable to accommodate a Title 5 leaching field.
The only area suitable for a leaching field is on the eastern portion of the site in the location of the
previously demolished residential property. Ideally, restrooms would be included in the area of
the vacant gift shop.
The existing playground, located too close to the wetland, is often wet, is outdated, not identified
as accessible by the MAAAB, and does not provide a source for shade. There is an opportunity to
demolish the existing playground and shift to the south, closer to the vacant gift shop. The vacant
gift shop could be renovated into a shade structure pavilion. This would preserve the character of
the existing structure, would provide shade, and would open the views from the parking area to
the playground.
2.5 Site Visit with Advisory Committee
In December of 2020, CDM Smith met with the Drummer Boy Park Advisory Committee to review
the Existing Conditions Plan, Opportunities and Constraints Plan, and to identify additional
opportunities that the park could provide. Expansion of structured parking to the open lawn on
the southwest corner of the site was discussed. Though it would create many additional parking
spaces, there were concerns that it would reduce the natural character of the site and it was
determined that the parking area should not be expanded. It was recommended that the drive
aisle and parking spaces be reconfigured to maximize parking spaces while reducing the overall
paved area.
3‐1
Section 3
Schematic Concept Plans
Utilizing the data collected, Opportunities and Constraints Plan, and comments from the Advisory
Committee, schematic concept plans were created and presented at each monthly meeting with
the Advisory Committee. During each meeting thoughtful feedback was provided, and the
schematic plans evolved into the Recommended Master Plan.
3.1 Concept Plan I
In January of 2021 CDM Smith presented the first Schematic Concept Plan (Figure 3‐1).
Approximately 50 straight in parking spaces were proposed around the existing drive and
staggered to reduce the overall width of pavement. It was proposed to selectively prune and
remove vegetation between the park and the bay to enhance and open views. The existing
hydrangea at the entrance should be pruned or removed and replaced with a low-growing shrub
so that the sightline leading into the park is not blocked. The playground area was proposed to be
increased in size and extend over the existing walkway to the east. Adjacent to the playground, it
was proposed to convert the abandoned visitor center to an open pavilion. The roof may be able
to be preserved and the walls removed though a thorough structural investigation would be
required. Stormwater and wet areas within the site are proposed to be handled by rain gardens.
This would be a sustainable way of encouraging stormwater to infiltrate and be stored in a
controlled space. It would also add interest and color to the site, while providing habitat to
pollinators and other species.
This space was intentionally left blank.
Conceptual Site Plan A
1/6/2021
Section 3 Schematic Concept Plans
3‐3
3.2 Concept Plan II
In February of 2021 CDM Smith presented the second Schematic Concept Plan (Figure 3‐2)
addressing comments from the Advisory Committee. It was recommended to include an asphalt
sidewalk along the access drive, providing pedestrian access from Old Kings Highway into the
park. The sidewalk along the drive would include a vertical granite curb to serve as protection
from potential conflict with vehicles. An additional asphalt walk would connect from the park
entrance around the open space on the southwest corner of the park and connect to the existing
mowed walk at windmill meadows. This asphalt walk would continue to the north and connect to
the shade pavilion, and other access throughout the site including the nature walk. All new
asphalt walking trails, parking spaces and drive aisle should be finished with a chip seal to
naturalize the appearance of the asphalt. A restroom with potential tight tank is located inside of
the shade structure. Vegetation on the eastern portion of the site would be selectively cleared to
expand the park and add potential passive seating areas. Large shade trees would be protected to
encourage shade but invasive species and understory would be removed. A new asphalt walk
would extend over the eastern existing walk through the existing stone wall and continue to the
gravel driveway that leads to Wing Island. The playground area was reduced in size so that it
would not extend the existing walk. This was requested from the advisory committee so that
there was a separation between children playing in the playground and the other users of the
park.
This space was intentionally left blank.
Section 3 Schematic Concept Plans
3‐5
3.3 Concept Plan III
In March of 2021 CDM Smith presented the third Schematic Concept Plan (Figure 3‐3)
addressing comments from the Advisory Committee. At the entrance to the park, it was
determined to include parallel parking spaces to accommodate three cars on each side of the
drive. The length of these spaces would also allow one bus to park on each side. Parking
arrangement was refined to maximize parking spaces while providing access to the open lawns. A
three-tiered parking strategy was proposed. At low volume, vehicles can park only in paved
parking spaces. During busier times, vehicles could park in the lawn areas between the paved
parking spaces. During large events one or multiple open lawn areas would be permissible to
park. An additional asphalt walk is proposed to connect to the sidewalk on Old Kings Highway
and run along the stone wall on the eastern side of the park. This walk would continue and
connect to the existing asphalt walk. Additional rain gardens were placed adjacent to the access
road to serve as vehicular control to keep vehicles outside of the open space lawns, except when
authorized by the town. It was recommended that accessible portable restrooms would be
included either inside the shade pavilion or directly outside. Outside of the gazebo band stand, a
small storage shed was proposed to house the band equipment. This structure would be set back
in the woods so that no views would be blocked of the bay.
4‐1
Section 4
Recommended Master Plan
Utilizing the data collected, Opportunities and Constraints Plan, and comments from the Advisory
Committee, and Schematic Concept Plan development, a Recommended Master Plan (Figure 4‐1)
was created. This plan was used to identify a phasing strategy and identify the Order of
Magnitude Project Budget.
4.1 Recommended Master Plan Overview
Final modifications were made to the previous schematic to incorporate all comments from the
Advisory Committee, adjacent user groups, and members of the community. It was determined
that the vacant gift shop will be converted to a shade pavilion or demolished to install a new
shade pavilion. Additional analysis is required to determine the feasibility of converting the
vacant gift shop to a shade pavilion. It was also recommended to analyze the gazebo to determine
the remaining life and provide improvement recommendations. Two accessible portable
restrooms are proposed inside of the shade pavilion. The front façade on the front of the vacant
gift shop will be protected to block views of the restrooms and keep the character of the historic
building. A bike rack and water fill station were added to the plan outside of the shade pavilion.
Park use areas were identified and a Park Use Area Plan was created (Figure 4‐2). This plan can
be distributed to vendors or event users of the park to instruct which open lawn space to utilize
or to park when the town grants permission.
Project goals include the following:
Preserve the character of the park and enhance the views of the bay.
Collaborate with the Brewster Historical Society and the Brewster Conservation Trust in
preserving the character of the complex and enhancing its use.
Plan for increased use and provide additional access to and throughout the park
Identify park use areas
Collaborate with local advisory committee representing the town and coordinate with
adjacent user groups
Design criteria was identified including the following:
New asphalt walking trails are to be 6 feet in width
New asphalt walking trails, parking and road are to be installed with chip seal
Understory to be selectively cleared against eastern stone wall
50 asphalt parking stalls to be provided
Section 4 Recommended Master Plan
4‐4
Native plantings and flowering trees to be utilized
Views of the bay are not to be blocked
4.2 Phasing Strategy
Due to the size and complexity of the improvements identified in the Recommended Master Plan,
it is planned that the park improvements will be implemented in two or more phases. Decisions
on what elements are to be prioritized will be determined by many factors including available
funds and community interest. For the purposes of this study, a Phase I Improvements Plan
(Figure 4‐3) was created. This plan can be implemented in several sub-phases. The majority of
the Recommended Master Plan is included in the Phase I Improvements Plan, however the
eastern walking path is planned for a future phase.
4.3 Order of Magnitude Project Budget
In order to plan for project funding and schedule, an Order of Magnitude Project Budget
(Appendix A) was created. The budget identifies estimated demolitions costs, material costs,
contractor costs for overhead and profit, engineering costs, and costs for analyzing the feasibility
of implementing improvement for the vacant gift shop and bandstand gazebo. A 25 percent
contingency is included in the budget to account for project unknowns. As the final design is
refined the contingency will be reduced and the elements to be included in the first phase of
implementation will be identified.
5‐1
Section 5
Conclusion
Obtaining feedback from the community is an important step in planning improvements to public
spaces. It is critical that members of the community and park users have a voice to inform and
educate designers about their priorities and needs. The improvements to Drummer Boy Park
were presented via zoom on April 26, 2021 to the public and positive feedback was received. The
Advisory Committee Met in May to review and discuss comments from the public. In Brewster,
the Select Board act as the Park Commissioners, and changes to the park are required to be
reviewed by the Selectmen prior to being presented at Town Meeting. On June 7, 2021 the
improvements to Drummer Boy Park were presented to the Select Board (Appendix B). The
Master Plan for Drummer Boy Park will be presented at the Town Meeting in the fall of 2021 for
approval.
A‐1
Appendix A
Order of Magnitude Opinion of
Probable Project Cost
Drummer Boy Park
Brewster, MA
Phase I
ORDER OF MAGNITUDE OPINION OF PROBABLE PROJECT COST
7/16/2021
Based on Phase I Improvements Plan dated July 2021
ITEM QUANTITY UNIT UNIT COST TOTAL
Site Preparation
Contractor Mobilization/Demobilization 1 ls $25,000.00 25,000$
Erosion and Sedimentation Control 1 ls $5,000.00 5,000$
Temporary fencing and safety signage 1 ls $5,000.00 5,000$
Demo Existing Playground 1 ls $10,000.00 10,000$
Clear and Grub/ Vegetation Selective Clearing (Approximately 80,000 square feet)1 ls $15,000.00 15,000$
Site Preparation Subtotal 60,000$
General Site Improvements
Bituminous concrete walkway 500 sy $45.00 22,500$
Full depth bituminous concrete access drive and parking with chip seal 2,300 sy $70.00 161,000$
Mill and Overlay bituminous concrete access drive and parking with chip seal 900 sy $35.00 31,500$
Renovate existing vacant gift shop or install new shade pavillion 1 allowance $200,000.00 200,000$
10' wide by 18' length storage shed on concrete 1 ea $15,000.00 15,000$
Granite Curbing with 6" Reveal 550 lf $45.00 24,750$
Concrete Pavers 1,400 sf $30.00 42,000$
Accessibility Improvements to Nature Trail 1 ls $15,000.00 15,000$
Two (2) 6' x 6' accessible portable restroom 2 ea $5,000.00 10,000$
Bench with Poured Concrete Pad 5 ea $2,700.00 13,500$
Rain Garden (Approximately 10,500 square feet)1 ls $50,000.00 50,000$
Loam and Seed Disturbed Areas 1 ls $5,000.00 5,000$
Plantings 1 allowance $50,000.00 50,000$
Signage 1 allowance $10,000.00 10,000$
Bike Rack on Concrete Pad 1 ea $4,000.00 4,000$
Miscellaneous Work and Cleanup 1 ls $20,000.00 20,000$
General Site Improvements Subtotal, rounded 674,300$
Project Subtotal 734,300$
Subtotal Direct Costs 734,300$
Div 01 (Gen. Cond.) and General Contractors OHP - 15% (Rounded ) 110,000$
ESTIMATED CONSTRUCTION COST, ROUNDED 844,000$
Contingency - 25%, (Rounded) 211,000$
TOTAL CONSTRUCTION COST, ROUNDED 1,055,000$
Engineering- 15%, (Rounded) plus $8K for existing building analysis, plus $25K for playground 60% design. 191,000$
ESTIMATED TOTAL PROJECT CONSTRUCTION COST WITH CONTINGENCY AND ENGINEERING 1,246,000$
1
B‐1
Appendix B
Drummer Boy Park Master Plan
Presentation, June 7, 2021
June 7, 2021
Drummer Boy Park
Master Plan
Chris Miller, Director
Dept. of Natural
Resources
James Veara,
Committee Chair
Michael Dodson, RLA
CDM Smith
David Young, P.E.
CDM Smith
Brewster Conservation Day
2
Town of Brewster purchased property in 1988.
Select Board act as the Park Commissioners, changes to the
park are required to go to Town Meeting for approval.
Initial Master Plan for Drummer Boy Park was presented at
the May 1, 1995 Town Meeting and was approved.
The existing museum/residence building was removed, and
the bandstand and playground were added.
A walking path through the grassy field was created and
later paved to allow better accessibility.
A trail through the woods behind the playground was also
established.
In 2020 the Select Board established the Drummer Boy
Park Advisory Committee to review the park and revise the
Master Plan. CDM Smith was hired by the town to assist
the committee in preparing the revised plans.
The new Master Plan will go to Town Meeting in fall 2021
for approval.
Project History
3
Advisory Committee – Thank you!
James Veara
John Kissida
Cherylanne Lombardi
Chris Miller
Patrick Ellis
Andrea Nevins
Tom Wingard
4
Hal Minis
Michael Gradone
Sally Gunning
Stephen Najarian
Denise Rego
Bob Smith
Patricia Hughes
Project Goals
Preserve character of the park
Enhance and preserve views of the bay
Increase use and access
Identify park use areas
Collaborate with local advisory committee representing the
Town
Plan development coordinated with adjacent user groups
This is your park!
5
Existing Park and Surrounding Area
6
Existing Park and Surrounding Area
7
Existing Vacant Gift Shop and Gazebo
8
Existing Playground
9
Drainage Challenges
10
Opportunities and Constraints
11
Proposed Improvements
Parking improvements
New playground
Improvements to vacant gift shop
Nature trail enhancements
Additional walking paths and seating areas
Drainage improvements
Identification of park use areas
Prioritized Phase I Improvements
12
Design Criteria
6-ft wide asphalt walking trails
Selectively clear understory against eastern rock wall
Provide 50 parking stalls using town requirements
Utilize native plantings and flowering trees
Do not block views to bay
13
Recommended Master Plan
14
Recommended Master Plan
15
Phase I Improvements Plan
16
Phase I Improvements Cost: Approximately $2 Million
Park Use Area Plan
17
Questions and Discussion
18
C-1
Appendix C
Meeting Minutes
s
[b
Locus Map, Massachusetts
PROPOSED RAISED BOARDWALKTO WING ISLAND AND ADJACENT TRAIL SYSTEMS CREATED BY: DAJ02/01/21CREDITS: MASSGIS
Proposed Elevated BoardwalkExisting TrailTidal Salt MarshTown of BrewsterBrewster Historical SocietyMuseum of Natural HistoryBrewster Conservation TrustUnpaved Road
J o h n W i n g T r a i lJohn W i n g T r a i l
D r u m m e r B o y P a r k T r a i l sDrummer B o y P a r k T r a i l s
W i n d m i l l M e a d o w sWindmill M e a d o w s
J o h n & K r i s t iJohn & K r i s t iHay T r a i lHay T r a i l
L e e B a l d w i n T r a i lLee B a l d w i n T r a i l
O s p r e y P o l e a n d W e b c a mOsprey P o l e a n d W e b c a m
C e d a r R i d g e T r a i lCedar R i d g e T r a i l
WING ISLANDWING ISLAND
QUIVETT MARSHQUIVETT MARSH
DRUMMER BOY PARKDRUMMER BOY PARK MUSEUM OF NATURAL HISTORYMUSEUM OF NATURAL HISTORY
W i l d f l o w e r G a r d e n s T r a i lWildflower G a r d e n s T r a i l
WINDMILL VILLAGEWINDMILL VILLAGE
0 0.1 0.20.05 Miles ±
Position
Avg Hours Per
Week
FY22
Hrly Rate
FY2022 Class
& Step
FY22 Yearly Salary
(6 months)
Longevity
Pay
Education
Pay
Certification
Pay
Holiday
Pay Other Total by
Employee
Custodian 40 23.77 SEIU Grade 2 Step 3 $24,720.80 0 0 0 0 0 $24,720.80
$24,720.80
$358.45
$13,014.00
$19.32
$38,112.57Total Personal Services
Total Salary
Medicare
Other Costs
Health Insurance
Life Insurance
1
EASEMENT FOR ELECTRIC SERVICE
WO# 6335281
Pole # 118/49-5A and 118/49-5B
1000 Freeman’s Way, Brewster
KNOW ALL MEN BY THESE PRESENTS, that:
TOWN OF BREWSTER, a municipal corporation, whose mailing address is 2198 Main St.
Brewster, Massachusetts 02631,
hereinafter referred to as the Grantor, for the nominal consideration of One Dollar ($1.00), grants
to
NSTAR ELECTRIC COMPANY, d/b/a Eversource Energy a Massachusetts corporation, having
its principal place of business at 800 Boylston Street, Boston, Massachusetts 02199
with quitclaim covenants, the right and easements (as more particularly described below) for
overhead lines for distribution of electricity, and lines for control, relay and communication
purposes over, across, upon and under a certain parcel of land owned by Grantor (the
“Premises”) located at 1000 Freeman’s Way, Brewster, MA 02631.
The Premises are more particularly described in the Deed filed in the Barnstable County Registry
of Deeds in Book 3810 Page 093.
The Premises are shown as a certain tract of land situated in Brewster, Barnstable County,
Massachusetts, on the plan dated February 7, 1983, prepared by Schofield Brothers, Inc.,
recorded with the Barnstable County Registry of Deeds in Plan Book 372, Page 96.
The easement rights granted herein are more particularly described as the right, from time to time
and within the Premises, to install, construct, reconstruct, alter, extend, operate, inspect,
maintain, repair, replace and remove 118/49-5A and 118/49-5B utility poles and associated
overhead wires, cables, insulators, fittings and fixtures, and all necessary cross-arms, guys,
braces, foundations, anchors, and other supporting appurtenances deemed necessary by Grantee
for the purposes specified above; (b) pedestals, concrete pads, transformers, switchgear and
apparatus cabinets with the necessary wires, cables, terminals, fixtures and appurtenances
deemed necessary by Grantee for the purposes specified above (hereinafter (a) and (b) are
collectively referred to as “Equipment”), and (c) together with the right and easement to enter
upon the Premises, including vehicular access for construction and maintenance purposes, as
may be necessary from time to time for all of the foregoing purposes, utilizing existing paved
ways and parking areas on the Premises to the extent practicable.
All Equipment shall be installed in conformance with Grantee’s “Information & Requirements
for Electric Service,” as issued by Grantee from time to time. Any Equipment installed by the
Grantor shall be maintained by the Grantor, and if Grantor fails to repair or maintain such
Equipment, Grantee reserves the right to do so at Grantor’s sole cost and expense.
2
All Equipment shall be installed in locations mutually agreed upon by Grantor and Grantee, and
shall initially be approximate to the extent that no location is determined in advance, the location
of the easement shall be fixed by the actual installation of the Equipment, and, unless specified
otherwise, shall be 10 feet in width, centered on the Equipment as installed.
Grantor may at any time, at its sole cost and expense, prepare and submit to Grantee for review
and approval an “as built” plan of the Equipment in recordable form. Upon approval of such
plan, and concurrently with the recording of such plan, the parties shall execute and record an
amendment to this instrument, fixing the location of the easements granted hereunder to the
locations and dimensions shown on such plan; provided, that Grantee shall have the right of
access over the remainder of the Premises for all purposes contemplated by this agreement.
Grantor will not erect or permit any structures or obstructions which in the reasonable judgment
of the Grantee might interfere with the safe operation and maintenance of the Equipment.
Grantee shall have the right to cut down and keep trimmed all trees, bushes, underbrush and
growth as the Grantee may from time to time deem reasonably necessary for the safe operation
and maintenance of the Equipment.
All work by Grantor or Grantee under this Easement shall be done in a good and workmanlike
manner by competent personnel or contractors, in conformity with all applicable permits,
licenses, ordinances, laws and regulations, and free from any liens for labor or materials. The
party performing the work shall be responsible for obtaining all applicable permits.
Except in the event of emergency, prior to commencing any work at the Premises, Grantee shall
endeavor to provide Grantor with such notice as may be practicable under the circumstances,
which may consist of telephone or other verbal notification.
The Grantee shall restore the surface of the Premises (by grading, paving or reseeding) wherever
damaged by the Grantee by reason of its work as closely as reasonably practicable to the
condition of such surface before such work.
In the conduct of all work, neither party shall unreasonably interfere with the business,
operations or access of the other party, its employees, invitees or contractors, or any other person
having an interest in the Premises.
Grantee shall have the right to connect the Equipment with its facilities located or which may be
placed in private or public ways adjacent to the Premises. Grantee shall have the right to extend
the lines from time to time, and the right to use the Equipment, to serve other customers of
Grantee who may conveniently be served thereby.
Grantee shall indemnify, defend and hold harmless the Grantor, its successors and assigns, from
and against any claim, cost, loss or liability incurred by Grantor for physical damage or injury
resulting from the negligence or willful misconduct of the Grantee, its employees, agents and
contractors in the conduct of the work at the Premises pursuant to this easement. Nothing herein
shall be construed to impose on the Grantee any liability for indirect, consequential, punitive or
other special damages.
3
Grantor may request that Grantee relocate any of the Equipment installed by the Grantee to
another location on the Premises acceptable to the Grantee. Such relocation shall be at the sole
cost and expense of the Grantor.
Grantor shall have the right to use the Premises, and the right to grant to others the right to use
the Premises, for all purposes that do not unreasonably interfere with the rights granted to the
Grantee hereby.
All Equipment installed within the Premises pursuant to this easement shall remain the property
of the Grantee and Grantee shall pay all taxes assessed thereon.
This easement is executed pursuant to, and shall be subject to, the Grantee’s Terms and
Conditions of Service, as filed with and approved by the Massachusetts Department of Public
Utilities from time to time.
EXECUTED as an instrument under seal this ____ day of _____________, 2021.
TOWN OF BREWSTER
By: _________________________________
Name: ______________________________
Title: ______________________________
STATE OF ___________________
___________________County ss
On this ____ day of _______________, 2021, before me, the undersigned notary public,
personally appeared ____________________________________, proved to me through
satisfactory evidence of identification, which was ______________________, to be the person
whose name is signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose, as Manager of _____________________________________.
______________________________________
Notary Public Signature
My Commission Expires: _________________
______________________________________
Print Notary Public Name
4
SUBORDINATION OF MORTGAGE
_______________________________________, holder of mortgage on said Premises
(“Mortgagee”), for good and valuable consideration, hereby joins in this instrument and agrees
with the Grantee that the Mortgagee and its successors and assigns will hold said mortgage and,
in the event of foreclosure thereof, the mortgaged premises, subject to this easement; but that its
rights and the rights of its successors and assigns under said mortgage shall not otherwise be
affected.
IN WITNESS WHEREOF, said corporation has caused this instrument to be signed and
delivered in its name by its duly authorized officer this _____ day of ____________, 2021.
NAME OF BANK:_______________
By: __________________________
Title: _________________________
STATE OF ______________
__________________County ss
On this ____ day of _______________, 2021, before me, the undersigned notary public,
personally appeared ____________________________________, proved to me through
satisfactory evidence of identification, which was ______________________, to be the person
whose name is signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose, as an officer of ____________________________________.
_______________________________________
Notary Public
My Commission Expires:
CERTIFICATE OF CLERK/SECRETARY
I, ___________, duly appointed Clerk/Secretary of ______________, hereby
certify that _______________the ______________________________________ is duly
authorized to sign, acknowledge and deliver in the name and on behalf of
_____________________, the foregoing subordination agreement.
WITNESS my hand and seal, this day of _______, 2021.
______________________
Clerk/Secretary
WO #4934824
Engineering Details
Circuit 4-95B-628
22.8/13.2kV
New 1.49MW DG –GE @ Captain’s Golf Course
1000 Freeman’s Way, Brewster
C. J. Kennedy Eng’r Revised 07/20/2021
Page 1 of 11000freemanswaybredg4934824_rev1.pptx
Sketch is not to scale
Eversource to:
-install 3-4/0AL 25kV OH primary + neutral from P118/50 to
new P118/50-5. 1 section, L = TBD.
-install 2 new pole on private property appr 15’+/-apart appr 35’+/-
from P118/50, Freemans Way. ID as new poles as /1 & /2 respectively.
-install 3-4/0AL 25kV OH primary + neutral from new P118/50 to new
P/2 via new P/1. 2 sections, TL = 50’+/-.
-install a 3ph, 27kV NOVA recloser with Form 6 control, bypasses,
radio, antenna, etc in the closed position on new P/2. ID as switch
628-13.
-install a 22.8/13.2kV OH primary metering cluster on new P/2.
Also, install fault indicators on the load side of the metering.
Customer to install, own, & maintain all 25kV & 277/480V
overhead cables, underground conduit & cables, & pm xfmr
beyond the new primary metering cluster on /2, private
property at #1000 Freeman’s Way.
NOTE: No underground utility
facilities (water, gas, etc)
shown on customer site plan.
X
Freemans Way
N
New Pole ___/2
25kV OH Primary
Metering & fault
indicators
FA
New Pole ___/1
25kV NOVA recloser w/
Form 6 Switch 628-13
M
New 3-4/0AL 25kV
OH Primary +
Neutral
Customer Owned
25kV UG cable (type, distance,
&/or conduit unknown)X VI
3-1/0AL (ABC) to
New TSR 628-11
3-65T fuses
on P118/67
(Source)
35’+/-
15’+/-
Customer Owned
Vacuum Interrupter
Switch
R
Customer Owned pole,
3ph LB device, & riser
Customer Owned
1500kVA, 3ph,
22.8/13.2kV, 277/480V
pm xfmr
New 3-4/0AL 25kV
OH Primary + Neutral
(phC Road)
L = TBD
P118/50
25(B)
#1000
Eversource P&C Department to revise & issue new settings for the
TSR to be installed on P118/67 with this new DG installation.
Eversource to program new settings for new TSR as needed.
New Pole 118/50-5
With
1
EASEMENT FOR ELECTRIC SERVICE
WO#4952320 – Pole#411/7A & 411/7B
198 Commerce Park Road, Brewster
KNOW ALL MEN BY THESE PRESENTS, that:
TOWN OF BREWSTER., a municipal corporation in the County of Barnstable, whose mailing
address is 200 Harborside Drive, Suite 200, Schenectady, NY 12305,
hereinafter referred to as the Grantor (s), for nominal consideration of $1.00(one dollar), grants to:
NSTAR ELECTRIC COMPANY d/b/a/ EVERSOURCE ENERGY, a Massachusetts
corporation, having its principal place of business at 800 Boylston Street, Boston, Massachusetts
02199, its successors, assigns and licensees, hereinafter referred to as the Grantee,
with quitclaim covenants, the right and easements (as more particularly described below) for
overhead lines for distribution of electricity, and lines for control, relay and communication
purposes over, across, upon and under a certain parcel of land owned by Grantor (the
“Premises”) located at 198 Commerce Park Road, Brewster, Massachusetts.
The Premises are more particularly described in the Deed filed in the Barnstable County Registry
of Deeds in Book 1481, Page 1042.
The easement rights granted herein are more particularly described as the right, from time to time
and within the Premises, to install, construct, reconstruct, alter, extend, operate, inspect,
maintain, repair, replace and remove (a) #411/7A and 411/7B utility poles and associated
overhead wires, cables, insulators, fittings and fixtures, and all necessary cross-arms, guys,
braces, foundations, anchors, and other supporting appurtenances deemed necessary by Grantee
for the purposes specified above; (b) pedestals, concrete pads, transformers, switchgear and
apparatus cabinets with the necessary wires, cables, terminals, fixtures and appurtenances
deemed necessary by Grantee for the purposes specified above (hereinafter (a) and (b) are
collectively referred to as “Equipment”), and (c) together with the right and easement to enter
upon the Premises, including vehicular access for construction and maintenance purposes, as
may be necessary from time to time for all of the foregoing purposes, utilizing existing paved
ways and parking areas on the Premises to the extent practicable.
All Equipment shall be installed in conformance with Grantee’s “Information & Requirements
for Electric Service,” as issued by Grantee from time to time. Any Equipment installed by the
Grantor shall be maintained by the Grantor, and if Grantor fails to repair or maintain such
Equipment, Grantee reserves the right to do so at Grantor’s sole cost and expense.
All Equipment shall be installed in locations mutually agreed upon by Grantor and Grantee, and
shall initially be approximately to the extent that no location is determined in advance, the
location of the easement shall be fixed by the actual installation of the Equipment, and, unless
specified otherwise, shall be 15 feet in width, centered on the Equipment as installed.
2
Grantor may at any time, at its sole cost and expense, prepare and submit to Grantee for review
and approval an “as built” plan of the Equipment in recordable form. Upon approval of such
plan, and concurrently with the recording of such plan, the parties shall execute and record an
amendment to this instrument, fixing the location of the easements granted hereunder to the
locations and dimensions shown on such plan; provided, that Grantee shall have the right of
access over the remainder of the Premises for all purposes contemplated by this agreement.
Grantor will not erect or permit any structures or obstructions which in the reasonable judgment
of the Grantee might interfere with the safe operation and maintenance of the Equipment.
Grantee shall have the right to cut down and keep trimmed all trees, bushes, underbrush and
growth as the Grantee may from time to time deem reasonably necessary for the safe operation
and maintenance of the Equipment.
All work by Grantor or Grantee under this Easement shall be done in a good and workmanlike
manner by competent personnel or contractors, in conformity with all applicable permits,
licenses, ordinances, laws and regulations, and free from any liens for labor or materials. The
party performing the work shall be responsible for obtaining all applicable permits.
Except in the event of emergency, prior to commencing any work at the Premises, Grantee shall
endeavor to provide Grantor with such notice as may be practicable under the circumstances,
which may consist of telephone or other verbal notification.
The Grantee shall restore the surface of the Premises (by grading, paving or reseeding) wherever
damaged by the Grantee by reason of its work as closely as reasonably practicable to the
condition of such surface before such work.
In the conduct of all work, neither party shall unreasonably interfere with the business,
operations or access of the other party, its employees, invitees or contractors, or any other person
having an interest in the Premises.
Grantee shall have the right to connect the Equipment with its facilities located or which may be
placed in private or public ways adjacent to the Premises. Grantee shall have the right to extend
the lines from time to time, and the right to use the Equipment, to serve other customers of
Grantee who may conveniently be served thereby.
Grantee shall indemnify, defend and hold harmless the Grantor, its successors and assigns, from
and against any claim, cost, loss or liability incurred by Grantor for physical damage or injury
resulting from the negligence or willful misconduct of the Grantee, its employees, agents and
contractors in the conduct of the work at the Premises pursuant to this easement. Nothing herein
shall be construed to impose on the Grantee any liability for indirect, consequential, punitive or
other special damages.
Grantor may request that Grantee relocate any of the Equipment installed by the Grantee to
another location on the Premises acceptable to the Grantee. Such relocation shall be at the sole
cost and expense of the Grantor.
3
Grantor shall have the right to use the Premises, and the right to grant to others the right to use
the Premises, for all purposes that do not unreasonably interfere with the rights granted to the
Grantee hereby.
All Equipment installed within the Premises pursuant to this easement shall remain the property
of the Grantee and Grantee shall pay all taxes assessed thereon.
This easement is executed pursuant to, and shall be subject to, the Grantee’s Terms and
Conditions of Service, as filed with and approved by the Massachusetts Department of Public
Utilities from time to time.
EXECUTED as an instrument under seal this ____ day of _____________, 2021.
Commerce Park Road Solar Project 2020, LLC
By: _________________________________
Name: ______________________________
Title: ______________________________
STATE OF NEW YORK
_____________________County S,S
On this ____ day of _______________, 2021, before me, the undersigned notary public,
personally appeared ____________________________________, proved to me through
satisfactory evidence of identification, which was ______________________, to be the person
whose name is signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose, as the ___________________________________________.
_________________________________
Notary Public
My Commission Expires: _______________
4
SUBORDINATION OF MORTGAGE
_______________________________________, holder of mortgage on said Premises
(“Mortgagee”), for good and valuable consideration, hereby joins in this instrument and agrees
with the Grantee that the Mortgagee and its successors and assigns will hold said mortgage and,
in the event of foreclosure thereof, the mortgaged premises, subject to this easement; but that its
rights and the rights of its successors and assigns under said mortgage shall not otherwise be
affected.
IN WITNESS WHEREOF, said corporation has caused this instrument to be signed and
delivered in its name by its duly authorized officer this _____ day of ____________, 2021.
_____________________________
By: __________________________
Title: _________________________
STATE OF NEW YORK
_________________County, S.S
On this ____ day of _______________, 2021, before me, the undersigned notary public,
personally appeared ____________________________________, proved to me through
satisfactory evidence of identification, which was ______________________, to be the person
whose name is signed on the preceding document, and acknowledged to me that s/he signed it
voluntarily for its stated purpose, as an officer of ___________________________________.
_______________________________________
Notary Public
My Commission Expires:
GE –New 498kW PV Canopy
198 Commerce Park Rd, Bre
C. J. Kennedy Eng’r 10/05/19
Nickolas Lomuscio 12/28/2020
Page 1 of 2
Sketch is not to scale.
WO #02348521
Engineering Instructions
Circuit 4-95B-600 (22.8kV)
N
New Customer owned
500kVA, 3ph,
22.8/13.2kV, 277/480V
pm xfmr
198commercepkrdbredg02348521.pptx
To 4-95B-600
Feed recloser &
fuses on P118/57
(Source)
Commerce Park Rd
To DE
#198New 3-1/0AL 25kV
primary OH cable
+ neutral
Eversource to take over ownership
Customer owned Primary OH System
FA
R
M
50’+/-
15’+/-
x x
x
x
x
3-50kVA
277/480V
25kVA (A)3-10kVA
277/480V
x
x
New P411/7-A
New 3ph NOVA Recloser with Form 6
Control
600-6
New P411/7-B
New OH Primary Metering
With fault indicators
New Customer owned
OH, UG, Pole, & LB
Switch
Customer to install, own, & maintain
All 25kV & 277/480V
overhead & underground conduit & cable, switches, & pm xfmr
beyond the new primary metering cluster on P411/7-B, #198
Commerce Park Rd.
411/P7C
Inst
1-45’ CL l Private pole 15’ west of 411/7B @ stake mark
NOTE: No underground utility
facilities (water, gas, etc)
shown on customer site plan.
411/8
X
Eversource to
Assume J/O 50% ownership of :
Private poles
P388/P3, P388/3-S, P388/4, P388/5, P388/5-S, P411/P6,
P411/P7,P411/7-S & P411/P8 with Verizon. ID poles without /P.
Existing OH Primary , neutral & secondary wires
From 388/3 to 411/8
Commerce Park Rd. 5 sections, TL = 900’+/-
411/3
Inst
2-8PXarm,4-1pts & 2-a/s
Xfer
oh wires & equipment
411/4
Inst
1-8pa,1-ri,3-pi, 3-1pts & 1-a/s
Xfer
oh wires & equipment
411/5
Inst
40’Cl1 JO pole & a/s
1-8pa,1-ri,3-pi,1-4disk ,4-1pts
1-a/s & 1-P to P
411/5S
Inst
1-1pt,1-P to P & 1-a/s
9240/139 , Freemans Way
Rem
3-65T fused cutouts
118/67 , Freemans Way
Inst
1-8pa,1-ri,3-pi, 3-1pts & 1-a/s
NOVA Triple single recloser with Form 6 control,
bypasses, radio, antenna, etc
in the closed position ID as switch 600-5.
4-8PFG XARMS & 1-1PT
118/66 , Freemans Way
Inst
1-8pa,1-ri,3-pi, 3-1pts & 1-a/s
118/57 , Freemans Way (Not Shown)
Rem
3-40T fuses
Inst
1-8pa,1-ri,3-pi,1-8pdexarm,3-4disk,2-1pts &
3 -solid disconnects feeding towards
Commerce Park Rd
Xfer
oh wires & equipment
Eversource TO
Verizon To
Obtain rights & Assume J/O ownership with EVESOURCE For :
P388/P3, P388/3-S, P388/4, P388/5, P388/5-S
P411/P6, P411/P7,P411/7-S & P411/P8
411/P5
Rem
40’Cl 1 private pole
Inst
40’Cl 1 JO pole & a/s
411/P5S
Rem
30’Cl 1 private pole
Inst
40’Cl1 JO pole & a/s
411/7B
Inst
1-45’ C1 FO pole 15’ west of 411/7A @ stake mark
22.8/13.2kV OH primary metering cluster
with F.A. on the load side of the metering.
1-8PDEXarm,3-4disk , 1-1pt & 1-a/s
411/7 to 411/7B via /7A
Inst
3-1/0AL 25kV OH primary TDL=80’+/-
1-1/0 Al neutral TDL=80’+/-
411/8
Inst
50Kva HV 120/240v xfmer & c/o
1-8pa,1-ri,3-pi & 1-1pt
411/7 TO 411/8
INST
3x1/0 AL 2NDRY CABLE TDL=150’+/-
411/6
Inst
2-8PXarm,6-4disk ,4-1pts & 2-a/s
Xfer
oh wires & equipment
411/7
Rem
37.5 Kva HV 120/240v xfmer & c/o
Inst
1-8PDEXarm,3-4disk & 1-1pt
411/7A
Inst
1-45’ Cl1 FO pole 50’ west of 411/7 @ stake mark
3-ph, 27kV NOVA recloser with Form 6 control,
bypasses, radio, antenna, etc
in the closed position ID as switch 600-6.
4-8PFG XARMS,3-4DISK & 1-1PT
37kVa (B)
50 kVa (B)
411/P3
Rem
40’Cl 1 private pole
Inst
40’Cl1 JO pole & a/ s
Verizon To
118/66 Freemans Way
Rem
35’Cl 1 1981jo pole & a/s
Inst
45’Cl1 JO pole & a/ s
118/67 Freemans Way
Rem
35’Cl 1 1981jo pole & a/s
Inst
45’Cl1 JO pole & a/ s
411/7S
411/P7
EVERSOURCE TO
INST
NEW A/S IN-LINE WITH
NEW FO POLES
Town of Brewster
SPECIAL TOWN MEETING
WARRANT
for
NOVEMBER 15, 2021
at
6:00 PM
STONY BROOK ELEMENTARY SCHOOL
384 UNDERPASS ROAD
Please bring this copy of the warrant to Town Meeting
Large print copies of the warrant are available at the Brewster Town Offices
TOWN OF BREWSTER
SPECIAL TOWN MEETING WARRANT
NOVEMBER 15, 2021
TABLE OF CONTENTS
A INDEX 2
B INFORMATION 3
C 2021 SPECIAL TOWN MEETING
WARRANT ARTICLES
5
ARTICLE DESCRIPTION SPONSOR PAGE
1 Outstanding Obligations Select Board 4
2 Community Preservation Act
Funding Community Preservation Committee
5
3 Capital and Special Projects
Expenditures
Select Board 7
4 Supplemental Appropriation Golf Department 18
5 Utility Easements Select Board 18
6 Fire Union Collective Bargaining
Agreement Select Board
18
7 SEIU Collective Bargaining
Agreement
Select Board 19
8 OPEIU Collective Bargaining
Agreement Select Board
19
9 General Bylaw/Stormwater
Management
Planning Board 20
10 Zoning Amendment/Water Quality
Protection District
Planning Board 31
11 Zoning Amendment/Floodplain
Bylaw
Planning Board 48
12 Drummer Boy Park Master Plan
Update
Select Board 58
13 Other Business Select Board
58
E TOWN MODERATOR’S RULES
F GLOSSARY OF FINANCIAL TERMS
2021 BREWSTER TOWN MEETING INFORMATION
We’ve changed Town Meeting to hold it as safely as possible in the pandemic.
DATE, TIME
& PLACE
DATE & TIME: Monday, November 15, 2021 at 6PM
CHECK-IN: Starts at 5PM
LOCATION: Stonybrook School Cafetorium, 384 Underpass Rd. (note indoor setting)
HEALTH &
SAFETY
MASKS: A mask/face covering must be worn at all times (unless medically unable)..
SOCIAL DISTANCE: Maintain 6 feet from others (except those in your household).
MICROPHONES: Sanitized between speakers; keep mask on when speaking.
SEATING: Seats will be in pairs; household members may sit together.
HAND SANITIZER: Sanitizer stations will be available; voters may bring their own.
AMENITIES
PARKING: Use school and tennis parking areas.
FOOD/DRINKS: Not available.
TRANSPORTATION: Available. Contact Council on Aging at (508) 896-2723 by noon on
Wed., Nov. 10th. Rides available during the entirety of Town Meeting.
CHILD CARE: Available. For children ages 5-14 from 5:30pm – 9:00pm. Call or email
Nauset Youth Alliance before 4:00pm Nov. 12; (508) 896-7900 or
drost@nausetyouthalliance.org
*masks required for all transportation and child care
WHAT TO
BRING
Town Warrant booklet; copies will be available at Town Meeting.
Water bottle if desired.
Patience.
SPECIAL
SERVICES
HANDICAPPED PARKING: Use lot at west end of school near check-in point.
HANDICAPPED BATHROOMS: Inside the School lobby.
MOBILITY IMPAIRED SEATING: Available.
MOBILITY IMPAIRED CHECK-IN: Please proceed to beginning of check-in line.
UNABLE TO WEAR A MASK? Seating with greater social distance will be available.
PLEASE CALL: If possible, call the Town Administrator’s office before the
meeting to let us know of your needs so we can assist you.
Phone: (508) 896-3701 ext. 1100.
WHAT NOT
TO DO
Please don’t bring your own chair or food (unless medically required).
Please don’t gather in groups before or after the meeting.
ENTRY,
MEETING,
& EXIT
ENTRY: Form a socially-distanced line at the eastern or right side of the traditional
main meeting entrance
CHECK-IN: Check-in station will be in the hallway above the library to receive voter ticket.
MICROPHONES: Use closest stationary microphone to speak or raise hand for mobile “mike.”
Socially distance if there is a line at the microphone.
DEPARTURE: Voters should depart in an orderly manner and maintain social distancing.
CHANGES TO
IMPROVE
SAFETY
VOTING: All votes will be cast by raising voter ticket; there will be no voice votes.
DEBATE: The Moderator will encourage limiting debate to less than normal (1.5
minutes if speaking for or against).
MOTION COPIES: Only proposed amendments need to be handed to the Moderator.
Town Moderator Information for Brewster Voters
Brewster Voters:
Brewster Town Meeting is again being held under unusual circumstances. Also, for the
first time since the onset of the pandemic, this meeting will be held indoors. We want to
reduce the chance of infectious disease transmission, so it is important we conduct the Town’s
business as efficiently as possible.
Given these conditions and the need to balance public health concerns with the need to
carry out the Town’s business, we will continue to implement modified meeting procedures. To
prepare voters in advance and to minimize the length of my opening remarks, I’m providing
information here that will be helpful to everyone who plans to attend.
1. Disclosures: I have filed disclosures with the Town Clerk about organizations I have had
relationships with.
2. Check-in: Will start at 5pm. Please form a socially distanced single line at the check-in area
at the entrance at the eastern or the right side of the traditional main meeting entrance of
Stony Brook School. A greeter will direct you to a check-in station. If you have a mobility
issue, please move to the beginning of the check-in line.
3. Town Warrants: Copies of the Town Warrant will be available; voters are invited to bring
their own copy.
4. Seating: Seats will be set up in pairs and will be socially distanced. Members of the same
household may take seats together.
5. CERT: Members of the regional Community Emergency Response Team (CERT) will provide
assistance during Town Meeting. They will be wearing visible attire. For safety, please
follow their instructions.
PLEASE DO NOT ATTEND TOWN MEETING IF YOU MAY HAVE COVID, INCLUDING IF YOU HAVE:
Any COVID symptoms (e.g., fever, chills, cough, loss of appetite or sense of taste or smell, and
fatigue). See www.CDC.gov for more information.
Had contact in the previous 2 weeks with a person diagnosed with COVID.
6. Town Officials Participating in Town Meeting
Select Board: Chair Cynthia Bingham, David Whitney, Mary Chaffee, Ned Chatelain,
and Kari Hoffmann
Town Administrator: Peter Lombardi
Assistant Town Administrator: Donna Kalinick
Town Clerk: Colette Williams
Finance Committee: Chair Pete Dahl, Frank Bridges, William Meehan, Honey
Pivirotto, Robert Young, Alex Hopper, Robert Tobias, Andrew Evans and William
Henchy
Finance Director: Mimi Bernardo
Town Counsel: Jonathan Silverstein of KP Law
Constable: Roland Bassett, Jr.
7. Meeting Rules of Order
Brewster uses “Town Meeting Time: A Handbook of Parliamentary Law” as well as
local practice and tradition.
Please be respectful and courteous to others.
All questions or comments should be directed only to the Moderator.
8. Time Clock: Because of the unusual circumstances of this meeting and the need to reduce
the time we are together, I will encourage briefer debate than normal. Under our bylaw,
residents may speak for or against an article for up to 3 minutes. For this meeting, I will
recommend residents limit their comments to 1.5 minutes to speak for or against.
9. Voting
All voting will be done by a show of hands using voter tickets.
There will be no voice votes.
The Moderator will evaluate the show of hands and announce the result.
Voters may challenge the Moderator’s result; if more than 7 request a count, one
will be done.
10. Microphones
Stationary microphones will be set up at the front of each aisle in the voter seating
area.
Mobile microphones will be available if you wish to speak from your seating area;
raise your hand to alert a microphone manager.
Please avoid handling the microphones. An assistant can adjust the microphone for
you. Masks are recommended when speaking.
If there is a line at the microphone, please stay 6 feet from others including seated
voters.
The microphones will be sanitized between speakers.
State your name and address when you speak.
11. Motions
Amendments:
o If a minor amendment is proposed, the Moderator may accept it verbally.
o If a longer amendment is offered, provide it in writing to the Town Clerk or
her staff.
If you are unclear at any time about an action, raise your voter ticket to be
recognized and state, “Point of order.”
12. Departure
Please adjourn in an orderly manner, maintaining social distancing.
Please maintain social distance until you are in your vehicle and do not gather in
groups.
13. Services
If you need handicapped parking, special seating, or any other type of assistance,
please contact the Town Administrator’s office (508-896-3701 ext. 1100) before
Town Meeting. We want to make sure we have the services you may require.
Space will be available for voters using wheelchairs.
Handicapped parking will be available in the front of the school in the bus drop-off
area.
Those with impaired mobility can access the check-in line via the main entrance at
the front of the building.
Nauset Youth Alliance will provide free child care services for children ages 5 – 12 in
the Stony Brook School during Town Meeting. Masks will be required. If you would
like to utilize this service, please call 508-896-7900 or email
drost@nausetyouthalliance.org.
The Council on Aging offers rides to and/or from Town Meeting. For information or
to schedule a ride to and/or from Town Meeting please call the Council on Aging at
508-896-2737 by noon on Wednesday, November 10th. Rides are available during
the entirety of Town Meeting. Masks will be required.
We regret that we cannot offer food and beverages.
14. Handouts/Flyers: A designated area will be available for distribution of materials to voters.
15. Thank you. I appreciate your commitment to conducting the Town’s business and your
attention to efforts that will keep us all safe.
Charles Sumner, Town Moderator
TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 15, 2021
Barnstable, ss
To: Roland W. Bassett, Jr. Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the
Cafetorium at the Stony Brook Elementary School, 384 Underpass Road, on Monday,
November 15, 2021, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the
following articles:
OUTSTANDING OBLIGATIONS
ARTICLE NO. 1: To see what sums the Town will vote to appropriate from available funds for
the payment of unpaid obligations from previous fiscal years, including any bills now on
overdraft:
Department Outstanding Obligations Amount
a. Town Administration Utility Expenses $550.00
Total $550.00
Or to take any other action relative thereto.
(Select Board) (9/10 Vote Required)
COMMENT
This article will authorize the payment of outstanding obligations from a previous fiscal year.
According to Massachusetts General Laws, a Town cannot pay an outstanding obligation from a
previous fiscal year with the current year’s appropriation. Therefore, Town Meeting
authorization is required.
a. Utility Expenses – The Town uses the services of a third-party broker to secure the best
natural gas rate for all Town buildings. The outstanding obligation is the fee charged by the
broker for Fiscal Year 2021.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO. 2: To see if the Town will vote to act upon the recommendations of the
Community Preservation Committee; to appropriate from Fund Balances Reserved for future
expenditure, the amounts shown below, for the purpose of future expenditures, operating and
administration expenses, and reserve funds related to Community Preservation, Historic
Preservation, Open Space, Community Housing and/or Recreation; and to authorize the Town
Administrator to enter into contracts for operating and administration related to Community
Preservation, Historic Preservation, Community Housing and Open Space and/or Recreation, all
as follows:
Purpose Item Funding Source(s) Amount
1 Historic Preservation
a. Crosby Mansion
Committee/Crosby
Mansion Restoration
Crosby Mansion on-
going reconstruction
and restoration
Transfer $72,400
from Historic
Preservation Fund
balance
$72,400
Sub-total $72,400
2 Community Housing
a. Brewster Town
Administrator and
Housing Office
Update of Brewster’s
2017 Housing
Production Plan
Transfer $25,000
from Undesignated
Fund Balance
$25,000
b. Latham Center Supportive housing for
the Strong Start in
Adult Living Program
Transfer $155,000
from Undesignated
Fund Balance
$155,000
Sub-total $180,000
Grand Total $252,400
For Fiscal Year 2022 Community Preservation purposes, each item is considered a separate
appropriation to be spent by the Community Preservation Committee; provided however, that
the above expenditures may be conditional on the grant or acceptance of appropriate historic
preservation restrictions for historic resources, open space restrictions for open space reserves,
and housing restrictions for community housing, running in favor of an entity authorized by the
Commonwealth to hold such restrictions for such expenditures, meeting the requirements of
G.L. c.184 and G.L. c.44B, Section 12, and to authorize the Board of Selectmen to convey or
accept such restrictions;
And further, any revenues received in excess of the estimated receipts are transferred to their
respective reserve fund balance(s) for future appropriation using the allocation formula of 50%
Open Space, 10% Housing, 10% Historical and 30% for Budgeted Reserve for CPA.
Or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
COMMENT
In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of
the modified Community Preservation Act. The act appropriates a 3% surcharge on the town’s
real estate tax revenues, which are reserved in a special fund in order to finance projects and
programs for the purposes of preservation of open space, recreation, community housing, and
historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the
State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year
2022, which is projected at 15%. Brewster established, through a local bylaw, a distribution
schedule for the CPA funds according to the following: 50% of the funds for open space, 10%
for community housing, 10% for historic preservation, and 30% balance is available for housing,
historic preservation and/or active or passive recreation projects.
1. Historic Preservation:
a. Crosby Property Committee – Ongoing reconstruction and restoration of the Crosby
Mansion: The goal of the project is to continue ongoing restoration needed to preserve the
historic Crosby Mansion. The work will include restoration of chimneys to mitigate water
intrusion, restoration of roof sections, 3 window restorations, and some exterior repainting.
The amount requested includes $67,400 for the restoration work and a $5,000 set aside to pay
for CPC expenses for historical consulting services to ensure work meets federal and state
requirements for protection of historic properties.
Total Project Cost: $67,400 CPC Request: $72,400 CPC Vote: 7-0-0
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2. Community Housing:
a. Town of Brewster – Update of Brewster’s 2017 Housing Production Plan: Brewster’s
Housing Production Plan (HPP) is the foundation of the town’s Housing Program. The present
plan has a 5 year term and is scheduled to expire in June 2022. This project is to complete an
update of the town’s HPP for the next 5 years. The plan includes a housing needs assessment,
goals, and implementation strategies. The new plan will include the latest census data, explore
housing trends including the impact of the COVID-19 pandemic, involve outreach to the
community, and be compiled in coordination with the Vision Planning effort.
Total Project Cost: $25,000 CPC Request: $25,000 CPC Vote: 7-0-0
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
b. Latham Center – Strong Start in Adult Living Program Housing: Latham Centers, Inc.
proposes to develop seven affordable studio apartments for individuals ages 17 – 22 and a one-
bedroom apartment for live-in staff, as part of its Strong Start in Adult Living (SSAL) program.
The property is located at 1439 Main Street, Brewster. The SSAL program offers young adults
with intellectual/developmental disabilities an affordable living arrangement and a supportive
environment in which to learn new skills and develop readiness for living in the community.
Young adults referred to SSAL will be provided housing and support with the goal of relocation
to their own home in the community where SSAL case managers will guide and follow them as
they transition to independent living. The amount requested is $150,000 for construction of
the housing with an additional $5,000 of CPA funds to be set aside to cover the CPC’s legal
expenses related to the project.
Total Project Cost: $2,816,582 CPC Request: $155,000 CPC Vote: 7-0-0
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 1, Abs 0
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 3: To see what sums the Town will vote to raise and appropriate, or transfer from
available funds, for the capital outlay expenditures listed below including, in each case, all
incidental and related costs, to be expended by the Town Administrator with the approval of
the Select Board; and further that the Town Administrator with the approval of the Select
Board be authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced,
all as set forth below:
Department Item Funding Source(s) /
Appropriation or
Transfer
Amount
1 Select Board
a. Cape Cod Sea Camps
Comprehensive
Planning
Professional services
associated with
conducting a
comprehensive study
regarding future uses
of the CCSC and other
Town sites, including
study for a future
community center
Transfer from Article
3, 1a from November
18, 2019 Special
Town Meeting,
Community Center
and School
Feasibility Article
$185,000
b. Wing Island Boardwalk
Design
Professional services
associated with design
of a new boardwalk to
Wing Island
General Fund Free
Cash
$50,000
Sub Total $235,0000
2 Department of Public Works
a. Road
Maintenance/Drainage
Professional services,
including engineering,
permitting and
construction costs
associated with road
maintenance and
drainage on various
streets throughout
Town
General Fund Free
Cash
$200,000
b. MS4 Stormwater
Compliance
Professional services
for MS4 stormwater
permitting compliance
General Fund Free
Cash
$90,000
c. Landfill Monitoring Professional services,
for annual landfill
monitoring
requirements
General Fund Free
Cash
$50,000
d. Scag Mower
Replacement
Purchasing and
equipping one (1) Scag
walk-behind mower
General Fund Free
Cash
$10,000
e. Great Dane Mower Purchasing and
equipping one (1)
Great Dane stand-up
mower
General Fund Free
Cash
$10,000
2 Department of Public Works
f. Front End Loader Purchasing and
equipping one (1) Front
End Loader, including
but not limited to
emergency lights, plow
package, material
spreader, and radios
General Fund Free
Cash
$250,000
Sub Total $610,000
3 Police Department
a. Vehicle Replacement Purchase and
equipping for (3) three
Police vehicles
General Fund Free
Cash
$145,000
b. Ballistic Vest
Replacement
Purchase of ballistic
vests on an ongoing
replacement basis
General Fund Free
Cash
$25,000
c. Cruiser & Body Worn
Video
Purchase of cruiser
video on a replacement
basis and new body
worn video
General Fund Free
Cash
$55,000
Sub Total $225,000
4 Information Technology
a. Technology
Upgrades/Replacement
Ongoing information
system & equipment
improvements,
including but not
limited to the purchase
of desktop computers,
servers, productivity
and office software,
backup systems, and
other hardware /
software throughout
Town
General Fund Free
Cash
$50,000
Sub Total $50,000
5 Assessors
a. Valuation Services Professional Services
for new growth and
cyclical inspections as
required by the
Department of
Revenue
Overlay $80,000
Sub Total $80,000
6 Recreation
a. Facility irrigation
analysis and upgrade
at Freemans Way
fields
Professional Services
for irrigation and soil
analysis on baseball
fields and required
measures such as
additional of soils or
repair/replacement of
irrigation system
Recreation Revolving
Fund/General Fund
Free Cash
$20,000
Sub Total $20,000
7 Water Department
a. Wells 6 & 4
Redevelopment
Professional services,
including engineering
and construction of
well 6 and well 4
Water Retained
Earnings
$40,000
b. Wells 6 & 4 Pump
and Motor
Replacement
Replacement of pumps
and motors in well 6
and well 4 if needed
during the
redevelopment process
Water Retained
Earnings
$40,000
c. 4 X 4 Pick Up Truck Purchasing and
equipping one (1) Pick
Up Truck, including but
not limited to
emergency lights, plow
package, material
spreader, and radios
Water Retained
Earnings
$60,000
d. Red Top Water Main Professional Services
including engineering
and construction of
water main on Red Top
Road
Water Retained
Earnings
$150,000
e. Fix Heaters in Garage
& Add Unit in Pump
House
Repair venting on 3
existing heater units in
garage and replace one
unit in the pump house
Water Retained
Earnings
$35,000
Sub Total $325,000
8 Golf Department
a. HVAC/Boiler Upgrades Professional services,
including engineering
to replace furnaces/air
handlers in the
clubhouse
Golf Reserves $80,000
8 Golf Department
b. Tree Work & Grinding of
Brush Pile
Tree work including
trimming and thinning
as well as grinding of
brush
Golf Reserves $35,000
c. Maintenance Equipment
Replacement
Purchasing and
replacing equipment
necessary to maintain
the golf course
Golf Reserves $232,000
d. Sink Hole Repairs Repair sink holes on
the golf course
Golf Reserves $40,000
e. Kitchen Equipment
Replacement
Replacement of
kitchen equipment
including but not
limited to flat top grill,
deep fryer, stove and
double door fridge
Golf Reserves $25,000
f. Pump House Protection
Project
Professional services to
perform a hydraulic
study stormwater
impacts on the pump
house
Golf Reserves $10,000
g. Clubhouse/Pavilion
Carpeting
Replace existing
carpeting in clubhouse
pavilion and hallway
Golf Reserves $25,000
h. Rental Clubs & Pushcarts
Purchase of approx. 20
sets of rental clubs and
new pull carts
Golf Reserves $30,000
i. Driving Range
Equipment/Balls
Purchase of new
driving range balls,
range ball picker and
dispensing unit
Golf Reserves $20,000
j. Clubhouse window and
door replacement
Professional services,
including engineering
to replace windows
and doors in the
clubhouse and pavilion
Golf Reserves $70,000
Sub Total $577,000
Grand Total $2,122,000
Or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
The Town certified $4,501,333 in Fiscal Year 21 Free Cash, which amount is now available for
appropriation. At Special Town Meeting on September 26, 2021, a total of $1,950,000 in Free
Cash was appropriated toward the acquisition and operating costs of the Cape Cod Sea Camps
properties. If all capital and special project requests included in this article are approved by
Town Meeting, a balance of $1,601,333 in Free Cash will remain. The Town anticipates a
minimum of $500,000 in additional capital needs that will likely require appropriation from
FY21 Free Cash at Town Meeting next spring, leaving an expected close out balance consistent
with the Select Board’s financial reserves policy.
1. Select Board
1a. Cape Cod Sea Camps Comprehensive Planning – Funding was allocated at the November
2019 Town Meeting to perform an Educational Study of the Elementary Schools, including
consideration of consolidation, and to study the feasibility of a Community Center. The
Elementary School Study is underway and there is $185,000 remaining in the original article.
Since one critical potential public purpose for the Cape Cod Sea Camps Bay parcel is a
Community Center, we are seeking to re-purpose these available funds to broadly study the
potential future uses for the Sea Camps, including a Community Center, and to incorporate
other Town facilities for study such as the Council On Aging, Town Hall, Spruce Hill, and the
Robinson property (Long Pond Woodlands) as well as the results of the Elementary School
Study. These plans will identify recommended future uses, estimated capital & operating costs,
project phasing, financing, and partnerships.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
1b. Wing Island Boardwalk Design - Access to Wing Island is a direct impact to the salt marsh,
floods either side of high tide, and relies on an unimproved easement for access. The Town was
awarded $50,000 in state grant funding toward the $145,000 in total project costs for design
and permitting. We have a $30,000 cash match through a project partner, Brewster
Conservation Trust, for this phase and an anonymous donor has proposed a substantial
investment toward eventual construction. We are requesting a $50,000 match from Town
funds. The remaining $15,000 is comprised of in-kind staff time. This project proposes to link
Drummer Boy Park and adjacent conservation and open space parcels to Wing Island with an
on-grade accessible path from Drummer Boy Park, across Cedar Ridge Reserve conservation
area, to a raised boardwalk across the marsh to Wing Island and a connection to the existing
easement at the Cape Cod Museum of Natural History.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0
2. Department of Public Works
2a. Road Maintenance/Drainage - This request provides funding for the Town’s annual road and
drainage repair work. These funds will be used to address localized drainage and supplement
state Chapter 90 funding for road repairs. Ongoing expenses related to street sweeping and
catch basin cleaning have been incorporated into the Town’s annual operating budget.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2b. MS4 Stormwater Compliance – These funds will ensure continued compliance with
Massachusetts Department of Environmental Protection and Environment Protection Agency
mandated monitoring of stormwater. Various locations will be sampled for water quality.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2c. Landfill Monitoring – Landfill Monitoring and Sampling Expense – Closed landfills require
ongoing monitoring including soil gas, groundwater sampling, settlement inspections, landfill
and transfer station inspections, and production of a bi-annual report to the DEP.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2d. Scag Mower Replacement – These funds will be used to purchase and equip one walk
behind mower. This mower is used daily for the maintenance of Town properties.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2e. Great Dane Mower Replacement – These funds will be used to purchase and equip one
stand up mower. This mower is used daily for the maintenance of Town properties.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
2f. Front End Loader – These funds will be used to purchase and equip one front end loader,
including but not limited to emergency lights, plow package and material spreader, and radios.
This loader is typically used for daily operations at the Recycling Center and DPW as well as in
snow and ice operations.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
3. Police Department
3a. Vehicle Replacement Program - This is the annual cruiser replacement program. In each
fiscal year, the Police Departments purchases three (3) vehicles to replace existing department
vehicles that have typically reached or exceeded 100,000 miles. When practical and as needed,
the outgoing vehicles are repurposed to other Town departments. If these vehicles are not
repurposed, they are sold at auction and the proceeds are returned to the General Fund.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
3b. Ballistic Vest Replacement - Officers are required to wear a ballistic vest as part of their duty
uniform. The fabric used in the construction of the vests has a five-year life expectancy. Each
vest is custom fit for the officer. Based on officer turnover and vest expiration, the vests are
replaced on a rolling basis.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
3c. Cruiser & Body Worn Video - The Brewster Police Department was the first on Cape Cod to
introduce cruiser video in 2015. The equipment in the cars is still original and are now out of
warranty. By FY22, the units will be 7 years old and a new platform will be released, to include
the ability to transition to some body camera units. Cruiser video and body cameras help us
remain open and transparent to the public and the courts and should continue to be supported
by the Town.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
4. Information Technology
4a. Technology Upgrades and Replacements - This request provides funding for the purchase of
upgraded desktop computers, servers, productivity and office software, backup systems, and
other hardware and software for departments throughout the Town. Computers and servers
are replaced on a 3-5 year rotating schedule, and older machines are issued to users with less
intensive computer needs.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
5. Assessors
5a. This article seeks funding for the first year of a five-year contract with a private firm for
property valuation services required to annually set assessed value, collect new growth, and
perform property inspections. The funding comes from the Overlay Reserve Account, which in
turn is funded from a transfer from the balance in the Overlay Accounts of funds that are no
longer needed to cover abatements and exemptions.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
6. Recreation
6a. Facility Analysis and Upgrades at Freemans Fields – These funds will be used to complete an
irrigation analysis done to assess the current system. It was installed approximately 30 years
ago and its condition is largely unknown. We also plan to conduct a soil analysis and add new
infield mix to both Little League fields, which seem to have too much clay in the mixture and
have associated drainage issues.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0
7. Water Department
7a. Wells 6 & 4 Redevelopment – Funds will be used for the engineering services and
construction phase of the redevelopment of wells 4 & 6. Scheduled redevelopment improves
the overall performance of the wells, including water quality.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7b. Wells 6 & 4 Pump and Motor Replacement - As part of the well redevelopment request,
these funds will be used to replace the motor and pump if necessary. Both will be inspected
and refurbished if possible. While the well is being redeveloped, its prudent to have funds
available to replace the pump and motor while they are out of the well.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7c. 4X4 Pick Up Truck – The current vehicle has over 120,000 miles and requires replacement
due to the nature of its use.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7d. Red Top Water Main - Professional Services including engineering and construction of water
main on Red Top Road. The project will provide domestic water and fire protection to residents
on this road as well as enhance overall system hydraulics.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
7e. Heater Vent Replacement and Heater Replacement Project - Replacement of existing
venting on three (3) space heaters and replacement of one (1) existing HVAC unit due to
equipment failure.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8. Golf Department
8a. HVAC/Boiler Upgrades – This project would replace the furnaces/air handlers in the
clubhouse to get the A/C fully operational. The Town is working with an engineer to produce a
report about the current system.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8b. Tree Work and Grinding of Brush Pile - Tree work to include thinning and trimming. Rental
of a bucket lift for 4 weeks will be needed for higher work. Grinding of stumps and brush will
clear all piled trees and provide mulch for the course and DPW.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8c. Maintenance Equipment Replacement - Replace a tractor and sidewinder mower, and add a
rough mower, (2) rough aerators, a TriFlex mower, a backhoe attachment and tractor laser box
blade. The equipment being replaced is past its useful life and the added equipment will allow
the Town to maintain superior playing conditions.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8d. Sink Hole Repairs - The sink holes in the cart barn and the parking lot are both safety
hazards. Any remaining funds could be used for on course sink holes to improve playing
conditions.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8e. Kitchen Equipment Replacement - This funding will allow the Town to replace a flat top grill,
a deep fryer, a convection oven with 6 burner stovetop and double door fridge for the main
kitchen. The kitchen equipment is owned by the Town and is original to the 1999 opening of the
new clubhouse, so it is well beyond its useful life.
Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8f. Pump House Protection Project – Hydrologic study to identify watershed areas that
contribute runoff toward the pump stations and identification of potential runoff diversions to
reduce potential for flooding. The pump stations are in the lowest areas of the golf course
which results in significant runoff during major storm events. Several years ago, a significant
storm event flooded the pump stations and damaged the pumps, electrical systems, and power
supply.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8g. Clubhouse/Pavilion Carpeting - Replace existing carpet in the clubhouse hallway and
pavilion. The current carpeting in the clubhouse is 9 years old and the carpeting in the pavilion
is 20 years old. The carpet is showing wear due to the daily volume of foot traffic.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8h. Rental Clubs & Pushcarts - Our current rental clubs are in disrepair. The purchase of new
sets would result in an increase of pro shop purchases and would create a better golfing
experience for customers who are not able to travel with their own clubs. We currently have
about 12-15 working and decent push carts, which we received second hand. New carts would
enhance our user experience. Care would be taken to keep the new equipment out of the
elements during winter months.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8i. Driving Range Equipment/Balls - These monies would be used to purchase new range balls
and equipment that need replacement due to the increased demand at the driving range.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
8j. Clubhouse Window and Door Replacement - Many of the windows in the building have
broken seals that have caused clouding of the windows. They are unsightly and do not project a
good image of the facility. In addition, many of the doors have clouded windows and do not
open and close properly. This is largely due to the high volume of foot traffic throughout the
building. All of the doors and windows are over 20 years old.
Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
SUPPLEMENTAL APPROPRIATION
ARTICLE NO. 4: To see what supplemental sum the Town will vote to appropriate from
available funds for Golf Department custodial and facilities maintenance personnel, or to take
any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
The Golf Department is seeking funding to hire a new dedicated full-time staff position to
provide custodial and maintenance services to ensure the Captain’s Golf Course facilities and
amenities are clean and well maintained. Golf Department revenues continue to significantly
outpace budgeted expectations.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
UTILITY EASEMENTS
ARTICLE NO. 5: To see if the Town will supplement the vote taken under Article 32 of the May
1, 2017 Annual Town Meeting, which authorized the Select Board to enter into contracts and
agreements for the development of renewable energy on Town-owned land and buildings, to
further authorize the Select Board to grant utility access and related easements, permanent
and temporary, in, on, under and across such Town-owned land and buildings to promote
and/or serve such renewable energy developments and/or facilities, or to take any other action
relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
As originally approved by Town Meeting in 2017, the Town, in collaboration with the Cape and
Vineyards Electric Cooperative, has entered into lease agreements with a solar developer to
construct and install solar carports at the Captains’ golf course main parking lot and driving
range parking lot. To fully connect these new systems and realize the financial benefits of these
projects, Eversource requires an easement on Town property to install utility poles. The
original Town Meeting vote authorizing these projects did not provide the Select Board with the
ability to grant such easements.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
FIRE UNION COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 6: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to be used to fund the cost items of the first fiscal year of the
proposed Collective Bargaining Agreement between the Town of Brewster and International
Association of Firefighters Local 3763, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will fund the costs associated with the contract settlement expenses between the
International Association of Firefighters Local 3763 and the Town. The current contract expired
on June 30, 2021.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 7: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to fund the cost items of the first fiscal year of the proposed
Collective Bargaining Agreement between the Town of Brewster and Service Employees
International Union, Local 888, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will fund the costs associated with the contract settlement expenses between the
Service Employees International Union, Local 888 (DPW, Water and Golf) and the Town. The
current contract expired on June 30, 2021.
Select Board: Recommendation
Deferred
Finance Committee: Recommendation
Deferred
OPEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 8: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to be used fund the cost items of the first fiscal year of the
proposed Collective Bargaining Agreement between the Town of Brewster and Office and
Professional Employees International Union, Local 6, or to take any other action relative
thereto.
(Select Board) (Majority Vote Required)
COMMENT
This article will fund the costs associated with the contract settlement expenses between the
Office and Professional Employees International Union, Local 6 and the Town. The current
contract expired on June 30, 2021.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
GENERAL BYLAW / Stormwater Management
ARTICLE NO. 9: To see if the Town will vote to amend the Town Code by adding a new general
bylaw, Chapter 272, regarding stormwater management, with text to read as follows:
Purpose and Objectives
A. The purpose of this Bylaw is to protect, maintain, and enhance public health, safety,
environment, and general welfare of the Town by preventing or diminishing adverse
effects of construction-site and post-construction stormwater runoff. Proper
management of stormwater runoff will minimize damage to public and private property
and infrastructure, safeguard the health, safety, environment, and general welfare of the
public, protect water and aquatic resources, protect and enhance wildlife habitat, and
promote groundwater recharge to protect surface and groundwater drinking supplies.
This Bylaw seeks to meet that purpose through the following objectives:
Establish minimum stormwater management standards and design criteria for the regulation
and control of stormwater runoff quantity and quality;
Encourage the use of nonstructural stormwater management, better site design, and low
impact development practices such as preserving natural resources and open space, reducing
impervious surface area, and increasing infiltration;
Establish provisions for the long-term responsibility for, and maintenance of, structural
stormwater control facilities and nonstructural stormwater best management practices to
ensure that they continue to function as designed and pose no threat to public safety;
Establish provisions to ensure there is an adequate funding mechanism, including surety, for
the proper review, inspection, and long-term maintenance of stormwater facilities
implemented as part of this Bylaw;
Establish the Town of Brewster’s legal authority to ensure compliance with the provisions of
this bylaw through permitting, inspection, monitoring, and enforcement; and
Comply with state and federal statutes and regulations relating to stormwater discharges
including Total Maximum Daily Load requirements and with the General Permit for Stormwater
Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts (MS4
Permit), issued by the U.S. Environmental Protection Agency and the Massachusetts
Department of Environmental Protection.
Definitions
The following definitions shall apply in the interpretation and implementation of this Bylaw.
Additional definitions may be adopted by separate regulation.
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that changes the
water quality, force, direction, timing, or location of runoff flowing from the area. Such
changes include: change from distributed runoff to confined or discrete discharge; change in
the volume of runoff from the area; change in the peak rate of runoff from the area; and
change in the recharge to groundwater on the area.
APPLICANT: Any person, individual, partnership, association, firm, company, corporation, trust,
authority, agency, department, or political subdivision, of the Commonwealth or the Federal
government, to the extent permitted by law, requesting a Land Disturbance Permit or
Administrative Land Disturbance Approval.
BEST MANAGEMENT PRACTICE (BMP): Schedules of activities, practices (and prohibitions of
practices), structures, vegetation, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants to Waters of the United States. BMPs also
include treatment requirements, operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as
hereafter amended.
CLEARING: Any activity that removes the vegetative surface cover.
COMMON PLAN OF DEVELOPMENT: - A "larger common plan of development or sale" is a
contiguous area where multiple separate and distinct construction activities may be taking
place at different times on different schedules under one plan.
EROSION: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil
particles.
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
IMPERVIOUS SURFACE: Any surface that prevents or significantly impedes the infiltration of
water into the underlying soil. This can include but is not limited to: roads, driveways, parking
areas and other areas created using nonporous material; buildings, rooftops, structures, solar
panels, artificial turf, and compacted gravel or soil.
INFILTRATION: The act of conveying surface water into the ground to permit groundwater
recharge and the reduction of stormwater runoff from a project site.
LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or location of
soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or
pollutants; measurably changes the ability of a ground surface to absorb waters; involves
clearing, grading, or excavating, including grubbing; or results in an alteration of drainage
characteristics.
LOW IMPACT DEVELOPMENT (LID): site planning and design strategies that use or mimic
natural processes that result in the infiltration, evapotranspiration or use of stormwater in
order to protect water quality and associated aquatic habitat.
MS4 PERMIT: General Permit for Stormwater Discharges from Small Municipal Separate Storm
Sewer Systems in Massachusetts.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM:
The system of conveyances designed or used for collecting or conveying stormwater, including
any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage channel, reservoir, and
other drainage structure that together comprise the storm drainage system owned or operated
by the Town of Brewster.
NEW DEVELOPMENT: Any construction activities or land alteration on an area that has not
previously been developed to include impervious surface.
OPERATION AND MAINTENANCE PLAN: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to ensure that it continues to function as designed.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal
government, to the extent permitted by law, and any officer, employee, or agent of such
person.
RECHARGE: The process by which groundwater is replenished by precipitation through the
percolation of runoff and surface water through the soil.
RECORD: Recorded in the Barnstable County Registry of Deeds; if registered land is affected,
filed with the recorder of the Land Court of Massachusetts.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition, construction, land
alteration, or phased projects that disturb the ground surface, including impervious surfaces, on
previously developed sites.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its origin
to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: The areal extent of construction and land disturbance activities, including but not limited
to the creation of new impervious surface and improvement of existing impervious surface.
STORMWATER AUTHORITY: The Town of Brewster Planning Board or its authorized agent(s),
acting pursuant to this Bylaw to administer, implement, and enforce this Bylaw and to adopt
regulations pursuant to it.
STORMWATER PERMIT: A permit issued by the Stormwater Authority, after review of an
application, plans, calculations, and other supporting documents, in accordance with the
provisions of this Bylaw.
TOTAL MAXIMUM DAILY LOAD (TMDL): A regulatory plan (authorized by the Clean Water Act)
that identifies the amount of a pollutant that a waterbody can assimilate without exceeding its
water quality standard for that pollutant.
WATERCOURSE: A natural or man-made channel through which water flows or a stream of
water, including a river, brook, or underground stream.
WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth,
including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries,
wetlands, coastal waters, groundwater, and Waters of the United States as defined under the
Federal Clean Water Act as hereafter amended.
Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution and the Massachusetts home rule statutes, and pursuant to the
regulations of the federal Clean Water Act found at 40 CFR 122.34.
Administration
A. The Stormwater Authority shall administer, implement, and enforce this Bylaw.
Any powers granted to or duties imposed upon the Stormwater Authority may
be delegated in writing by the Stormwater Authority to its employees or agents.
B. The Brewster Planning Board shall be the Stormwater Authority. For projects
that fall within the jurisdiction of the Brewster Wetlands Protection Bylaw
(Brewster General Bylaw Chapter 172), the Conservation Commission shall be
the authority to implement and enforce this Bylaw. The Stormwater Authority
may designate an agent to enforce this Bylaw.
C. This Bylaw is not intended to interfere with, abrogate, or annul any other Town
of Brewster bylaw, rule or regulation, statute, or other provision of law. The
requirements of this Bylaw should be considered minimum requirements, and
where any provision of this Bylaw imposes restrictions different from those
imposed by any other bylaw, rule or regulation, or other provision of law,
whichever provisions are more restrictive or impose higher protective standards
for human health or the environment shall be considered to take precedence.
Applicability
A Stormwater Permit shall be required for any of the following, except for an activity exempted
under Section 6 of this Bylaw:
A. Any land disturbance activity that will disturb 10,000 square feet or more, or smaller land
disturbance activities that are part of a larger common plan of alteration or development
that will disturb 10,000 square feet or more;
B. Any new development or redevelopment that will result in a net increase in impervious
surface area by 500 square feet or more, or smaller activities that are part of a larger
common plan of alteration or development that will result in a net increase in impervious
surface area by 500 square feet or more; or
C. Any land disturbance activity, new development, or redevelopment that, over a two-year
period, will result in a cumulative land disturbance of more than 10,000 square feet
and/or a cumulative net increase in impervious surface area of more than 500 square
feet to land that is part of a larger parcel held in common ownership or control at any
time since said date. For the purposes of this Section, ownership by related or jointly
controlled persons or entities shall be considered common ownership. In such cases, the
new activity is prohibited until either:
(1) All activities that previously disturbed land and/or increased impervious
surface area as described in this Section are brought into full compliance
with the requirements and standards of this Bylaw, or
(2) The application for permit under this Bylaw for the new activity includes
bringing the land previously disturbed and/or the impervious surface
area previously increased into full compliance with the requirements and
standards of this Bylaw. If the involved land is not currently held in
common ownership, all owners of the involved land must jointly apply for
the permit.
D. A development or alteration of land shall not be segmented or phased in a manner to
avoid compliance with this Bylaw.
Exemptions
The following activities are exempt from the requirements of this Bylaw, provided that such
activities utilize the best practical measures to avoid any negative impacts on stormwater
quality, runoff rate, and volume.
A. Any work or projects for which all necessary approvals and permits, including
building permits, have been issued before the effective date of this Bylaw.
B. Maintenance and improvement of land in agricultural or aquacultural use, as
defined by the Massachusetts Wetlands Protection Act regulation 310 CMR
10.04.
C. Maintenance of existing landscaping, gardens, or lawn areas associated with a
residential dwelling conducted in such a way as to not cause a nuisance.
D. Construction of fencing that will not substantially alter existing terrain or
drainage patterns.
E. Construction of utilities other than drainage (gas, water, electric, telephone,
etc.) that will not alter terrain, ground cover, or drainage patterns or result in
discharge of sediment or other pollutants to the MS4 or to a Watercourse or
Waters of the Commonwealth.
F. Emergency repairs to existing utilities (gas, water, electric, telephone, drainage,
etc.) or emergency repairs to any stormwater management facility that poses a
threat to public health or safety, as determined by the Stormwater Authority.
G. Maintenance or resurfacing (not including reconstruction) of an existing public
or private way, parking area, or driveway, provided that such activity does not
increase impervious surface area and that resurfacing does not disturb the
pavement subbase.
Stormwater Management Regulations
A. The Stormwater Authority shall promulgate and periodically amend Stormwater
Management Regulations relating to the terms, conditions, definitions, enforcement,
fees (including application, inspection, and/or consultant fees), delegation of authority,
procedures, and administration of this Bylaw. Failure of the Stormwater Authority to
issue such regulations, or a legal declaration of their invalidity by a court, shall not act
to suspend or invalidate the effect of this Bylaw.
B. The Stormwater Authority may establish a Minor Stormwater Permit for specific
activities.
(1) The purpose of the Minor Stormwater Permit is to simplify the
permitting process under this Bylaw by waiving certain submission
requirements, provided a set of predetermined eligibility criteria and
performance standards are met.
(2) The eligibility criteria, performance standards, and submission
requirements for Minor Stormwater Permits shall be outlined in the
Stormwater Management Regulations promulgated in accordance
with this Bylaw.
(3) The Stormwater Authority may allow Minor Stormwater Permits to
be approved by one or more agents of the Stormwater Authority
rather than by a majority of Stormwater Authority members.
C. The Stormwater Authority may establish criteria, procedures, and standards for off-site
compliance with post-construction stormwater management performance standards
established in the Stormwater Management Regulations promulgated under this Bylaw.
Performance Standards
A. Performance standards shall be defined as part of the Stormwater Management
Regulations promulgated under this Bylaw.
B. Unless specifically altered by this Bylaw or its regulations, the Stormwater
Authority will use the latest accepted versions of the Massachusetts Stormwater
Management Regulations as contained in the Massachusetts Wetlands
Protection Act Regulations at 310 CMR 10.05 (6)(k) and the Massachusetts
Stormwater Handbook as issued by the Massachusetts Department of
Environmental Protection for criteria, policy, standards, stormwater systems
design and engineering, compliance documentation requirements, and general
information for the execution of the provisions of this Bylaw.
C. Unless specifically altered in this Bylaw and its regulations, the Stormwater
Authority shall presume that stormwater management practices designed,
constructed, and maintained in accordance with the Massachusetts Stormwater
Management Handbook meet the performance standards of this Bylaw. For
requirements that are inconsistent between the Massachusetts Stormwater
Management Handbook and the MS4 Permit, the Stormwater Authority will
enforce the more stringent of the requirements.
Procedures
A. A Stormwater Permit must be obtained prior to the commencement of any
construction or land disturbance activity for which such a permit is required. An
Applicant seeking a permit shall file an appropriate application with the
Stormwater Authority in a form and containing information as specified in this
Bylaw and in regulations adopted by the Stormwater Authority.
B. Each application must be accompanied by the appropriate application fee as
established by the Stormwater Authority. Applicants shall pay the application fee
before the review process commences. The Stormwater Authority, or its
designated agent, is authorized to retain a Registered Professional Engineer (PE)
or other professional consultant to advise the Stormwater Authority on any or all
aspects of the application and/or the project’s compliance with conditions of a
Stormwater Permit. The Stormwater Authority may require the applicant to pay
reasonable costs to be incurred by the Stormwater Authority for the
employment of outside consultants pursuant to Stormwater Authority
regulations as authorized by M.G.L. c. 44, §53G.
C. To obtain a Stormwater Permit, the applicant must show that site design,
construction-site stormwater management, and post-construction stormwater
management will meet the standards established by the Stormwater Authority in
its regulations, which shall be at least as stringent as the relevant requirements
of the MS4 Permit and the Massachusetts Stormwater Handbook.
D. The Stormwater Permit shall include measures to ensure adequate long-term
operation and maintenance of stormwater management design features and
BMPs.
E. The Stormwater Authority may impose requirements, including but not limited
to the following:
(1) A requirement that funds for future operation and maintenance be set
aside in a dedicated fund or escrow account;
(2) A permanent permit condition requiring compliance with an Operation
and Maintenance Plan;
(3) A permanent permit condition requiring that the property owner submit
an annual report or certification regarding operation and maintenance;
(4) A requirement to record the Operation and Maintenance Plan (or notice
thereof);
(5) A requirement that a legal instrument be put in place establishing
responsibility for operation and maintenance of a stormwater BMP
serving more than one lot.
§ 272-10. Consent to Entry onto Property
By signing the permit application, the Applicant consents to the entry of members of the
Stormwater Authority or its authorized agents on the property while the application is under
review to verify the information in the application, and at any time after a Stormwater Permit is
issued to inspect for compliance with Stormwater Permit conditions.
§ 272-11. Inspection and Site Supervision
The Stormwater Authority or its designated agent shall make inspections to verify and
document compliance with the Stormwater Permit.
§ 272-12. Surety
The Stormwater Authority may require the applicant to post before the start of land
disturbance or construction activity. The form of the surety shall be approved by the
Stormwater Authority and be in an amount deemed sufficient by the Stormwater Authority to
ensure that the work will be completed in accordance with the permit. If the project is phased,
the Stormwater Authority may release part of the surety as each phase is completed in
compliance with the permit.
Funds held pursuant to this Section shall be deposited in a separate account pursuant to M.G.L.
c. 44, §53G1/2. Surety shall be in the form of a surety bond, irrevocable letter of credit, or cash.
All interest shall be held within said account; surety shall be released upon satisfaction of all
Permit requirements; upon satisfaction of all Permit requirements, applicant shall request, in
writing, to the Town Treasurer, that the funds be released, the funds shall not be released until
the Stormwater Authority certifies, in writing, that all requirements of the Permit have been
met. If the permittee defaults on any obligations imposed by the Permit, the Stormwater
Authority may (after notification of the permittee) inform the holder of the security (and the
municipal treasurer if the treasurer is not holding the funds) of the default, in which event the
Town shall be entitled to the security funds to complete the outstanding permit requirements.
§ 272-13. Waivers
A. The Stormwater Authority, or its authorized agent, may waive strict compliance with any
requirement of this Bylaw if it finds that:
(1) Application of some of the requirements is unnecessary or impracticable
because of the size or character of the development activity or because of the
natural conditions at the site;
(2) The project is consistent with the purposes and intent of this Bylaw; and
(3) The project provides substantially the same level of protection to the public
health, safety, environment, and general welfare of the Town as required by this
Bylaw.
B. Any person seeking a waiver shall submit a written waiver request. Such a request shall
be accompanied by an explanation or documentation supporting the waiver request.
C. Waiver requests, except those for activities eligible for Minor Stormwater Permits, shall
be discussed and voted on at a public meeting for the project.
D. Waiver requests for Minor Stormwater Permits may be approved by one or more agents
of the Stormwater Authority rather than by a majority of Stormwater Authority
members.
E. If in the opinion of the Stormwater Authority or its authorized agent, additional time or
information is required for review of a waiver request, the Stormwater Authority may
continue a meeting to a date announced at the meeting. In the event the Applicant
objects to a continuance or postponement, or fails to provide requested information,
the waiver request shall be denied.
§ 272-14. Enforcement
The Stormwater Authority or its authorized agent shall enforce this Bylaw, and any associated
regulations, orders, violation notices, and enforcement orders and may pursue all civil and
criminal remedies for such violations.
A. Criminal and Civil Relief.
(1) Any person who violates the provisions of this Bylaw, or any associated
regulations, permit, or order issued thereunder, may be subject to
criminal penalties and prosecution in a court of competent jurisdiction
and/or a fine of not more than $300 per violation. Each day or part
thereof that such violation occurs or continues shall constitute a separate
offense.
(2) The Stormwater Authority may seek injunctive relief in a court of
competent jurisdiction restraining the person from activities which would
create further violations or compelling the person to perform abatement
or remediation of the violation.
B. Orders.
(1) The Stormwater Authority’s authorized agent may issue a written order
to enforce the provisions of this Bylaw or any associated regulations or
permit. Violations include, without limitation, failure to obtain a
Stormwater Permit for an activity subject to this Bylaw, or failure to
follow the requirements of a Stormwater Permit, or any other
authorization issued pursuant to this Bylaw or regulations issued
hereunder. The written order may require the violator to remediate the
non-compliance and/or any adverse impact caused by it, including
without limitation:
(a) A requirement to cease and desist from the land-disturbing activity
until there is compliance with this Bylaw and provisions of the
Stormwater Permit or other authorization;
(b) Maintenance, installation, or performance of additional erosion
and sediment control measures;
(c) Monitoring, analyses, and reporting;
(d) Remediation of erosion and sedimentation resulting directly or
indirectly from the land-disturbing activity;
(e) Construction, reconstruction, repair, or maintenance of
stormwater BMPs or any other aspect of the post-construction
stormwater management system;
(f) Remediation of adverse impacts resulting from improper
construction or operation of the post-construction stormwater
management system; and/or
(g) A requirement to eliminate discharges, directly or indirectly, into
the MS4, a watercourse, or into the Waters of the Commonwealth.
(2) Any order under this section may be appealed to the Stormwater
Authority within five (5) days of the date of said order. All appeals shall
be heard and decided within thirty (30) days. The decision of the
Stormwater Authority shall be final.
(3) If the Stormwater Authority or its authorized agent determines that
abatement or remediation of contamination is required, the order shall
set forth a deadline by which such abatement or remediation must be
completed. Said order shall further provide that, should the violator or
property owner fail to abate or perform remediation within the specified
deadline, the Town of Brewster may, at its option, undertake such work,
and expenses thereof shall be charged to the violator.
(4) Within 30 days after completing all measures necessary to abate the
violation or to perform remediation, the violator and the property owner
will be notified of the costs incurred by the Town, including
administrative costs. The violator or property owner may file a written
protest objecting to the amount or basis of costs with the Stormwater
Authority within 30 days of receipt of the notification of the costs
incurred. If the amount due is not received by the expiration of the time
in which to file a protest or within 30 days following a decision of the
Stormwater Authority affirming or reducing the costs, or from a final
decision of a court of competent jurisdiction affirming or reducing the
costs, the costs shall constitute a municipal charge for purposes of M.G.L.
c.40, §58, and a lien may be imposed on the property for the amount of
the unpaid charge, pursuant to M.G.L. c.40, §58. Interest shall begin to
accrue on any unpaid costs at the statutory rate provided in M.G.L. c. 59,
§57 on the 31st day after the costs first become due.
C. Noncriminal disposition. As an alternative to criminal prosecution or civil action,
the Town may elect to utilize the noncriminal disposition procedure set forth in
M.G.L. c. 40, §21D, in which case designated agents of the Stormwater Authority
shall be the enforcing persons. The penalty for the first violation shall be a
warning. The penalty for the second violation shall be $100. The penalty for the
third and subsequent violations shall be $300. Each day or part thereof that such
violation occurs or continues shall constitute a separate offense.
D. Entry to perform duties under this Bylaw. To the extent permitted by local, state
or federal law, or if authorized by the owner or other party in control of the
property, the Stormwater Authority, its agents, officers, and employees may
enter upon privately owned property for the purpose of performing their duties
under this Bylaw and regulations and may make or cause to be made such
examinations, surveys or sampling as the Stormwater Authority deems
reasonably necessary.
E. Appeals. The decisions or orders of the Stormwater Authority shall be final.
Further relief shall be appealed to a court of competent jurisdiction.
F. Remedies not exclusive. The remedies listed in this section are not exclusive of
any other remedies available under any applicable federal, state, or local law.
§ 272-15. Severability
The provisions of this Bylaw are hereby declared to be severable. If any provision, paragraph,
sentence, or clause of this Bylaw or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this Bylaw.
COMMENT
A new stormwater management bylaw is proposed to bring the Town into compliance with our
2016 General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer
Systems in Massachusetts (MS4 Permit). This federal permit requires regulated communities,
including Brewster, to adopt local stormwater management regulations.
Stormwater, in the form of snow melt and rain, flows over impervious surfaces such as roofs,
pavement, and compacted gravel driveways, picking up up soil, animal waste, road salt,
fertilizer, trash, and other pollutants and carrying them into storm drains or directly into
wetlands and waterbodies. Land disturbance activities, such as clearing, construction, and
expansion of paved areas, can increase stormwater runoff and pollutants if not managed
properly. It also affects the Town’s storm drainage systems, exacerbating road flooding during
large rain events. This general bylaw has been developed in a manner that will further protect
and restore the Town’s drinking water, freshwater ponds, and coastal waters.
The proposed bylaw and related regulatory framework provide for “major” and “minor”
categories of stormwater permits. Projects that meet the applicability criteria will need to apply
for a stormwater permit. With some exceptions, this includes projects that will disturb over
10,000 square feet of land (including clearing of vegetation) or that will increase impervious
surface area by over 500 square feet. The Planning Board will serve as the Stormwater
Permitting Authority, except for projects that fall within the Conservation Commission
jurisdiction and minor projects which will be reviewed by relevant Town staff. Regulations will
be promulgated by the Planning Board in conjunction with this bylaw.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 Planning Board: Yes 4, No 3, Abs 0
ZONING BYLAW AMENDMENTS / Water Quality Protection District
ARTICLE NO. 10: To see if the Town will vote to amend the Town Code by making the following
amendments to the Water Quality Protection District section of Chapter 179 Zoning Bylaws, as
shown below, with text to be deleted noted by strikethrough and text to be inserted show in
bold and underlined, as follows:
§ 179-53 Purpose.
The purposes of this Water Quality Protection Bylaw are:
A. To promote the health, safety, and general welfare of the community by ensuring an
adequate quality and quantity of drinking water for the residents, institutions, and
businesses of the Town of Brewster;
B. To preserve and protect all existing and potential sources of drinking water supplies within
Brewster's borders;
C. To identify uses that should be prohibited or allowed only by special permit and to
establish performance standards that must be met for all uses within a Zone I, Zone II
and/or the District of Critical Planning Concern ("DCPC").
D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus
and nitrogen contamination and pollution from stormwater runoff;
E. To complement the commonwealth's Department of Environmental Protection regulations
governing groundwater protection and the commonwealth's efforts to protect surface and
coastal waters;
F. To protect other sensitive water resource areas, including those land areas that contribute
recharge to private drinking water supply wells;
G. To conserve the natural resources of the Town; and
H. To prevent temporary and permanent contamination of the water resources of the Town.
§ 179-54 Scope of authority; overlay district.
This bylaw establishes regulations governing land uses and structures and their potential
impact upon the Town's water resources. The provisions of Article XI are superimposed over all
zoning districts and all land within the Town of Brewster and shall function as an overlay
district. Where this article establishes rules, regulations, requirements, standards or provisions
that are stricter than the underlying zoning districts, including those uses and structures found
in Table 1 of the Zoning Bylaw, the provisions of this article shall control. In addition, this article
establishes specific requirements for land uses and activities within those portions of the Town
of Brewster mapped and identified on the Zoning Map as the District of Critical Planning
Concern, entitled "Brewster Water Protection District," as adopted by the Barnstable County
Assembly of Delegates pursuant to the Cape Cod Commission Act, which includes "Zone I" and
"Zone II" and the "Groundwater Protection District" and the "Pleasant Bay Watershed."
§ 179-55 Definitions.
As used in this article, the following terms shall have the following meanings indicated:
AQUIFER
Geologic formation composed of rock, sand, or gravel that contains significant amounts of
potentially recoverable water.
BEST MANAGEMENT PRACTICES
Means Any structural or nonstructural mechanism designed to minimize the impact of
non-point source pollution on receiving waters or resources, including, but not limited to:
detention ponds, construction or installation of vegetative swales and buffers, street
cleaning, reduced road salting, and public education programs.
BUILDER'S ACRE
A unit of land measure equal to 40,000 square feet, which is considered a building acre in
accordance with standard real estate practices.
COMMERCIAL FERTILIZERS
Any substance containing one or more recognized plant nutrients which is used for its
plant nutrient content and which is designed for use, or claimed by its manufacturer to
have value, in promoting plant growth. Commercial fertilizers do not include
unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and
gypsum.
EARTH REMOVAL
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores,
or bedrock. Mining activities are considered earth removal, whether the disturbed natural
materials are removed from the site or reworked on the site.
DEP
The Massachusetts Department of Environmental Protection.
DEVELOPMENT
The construction, reconstruction, conversion, structural alteration, relocation, or
enlargement of any structure; any mine, excavation, landfill, or land disturbance; and/or
any change in use, or alteration or extension of the use, of land.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking,
incineration, or placing of toxic or hazardous material or waste upon or into any land or
water so that such hazardous waste or any constituent thereof may enter the land or
waters of Brewster. Discharge includes, without limitation, leakage of such materials from
failed or discarded containers or storage systems and disposal of such materials into any
on-site leaching structure or sewage disposal system.
HAZARDOUS OR TOXIC MATERIALS
Any substance or mixture of physical, chemical or any infectious characteristics posing a
significant, actual or potential hazard to water supplies or other hazards to human health if
such substance or mixture were discharged to land or water of the Town of Brewster.
Hazardous or toxic materials include, without limitation, organic chemicals, petroleum
products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and
thinners and products such as pesticides, herbicides in quantities greater than normal
household use; and all substances defined as hazardous or toxic under MGL c. 21C and
MGL c. 21E, using the Massachusetts Oil and Hazardous Substance List (310 CMR 40.0000),
and 310 CMR 30.000.
HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF
Any or all of the following:
A. Two hundred seventy-five gallons or less of oil on site at any time to be used for heating of
a structure or to supply an emergency generator; and
B. Twenty-five gallons (or the dry weight equivalent) or less of other hazardous materials on
site at any time, including oil not used for heating or to supply an emergency generator;
and
C. A quantity of hazardous waste at the very small quantity generator level as defined in the
Massachusetts Hazardous Waste Regulations, 310 CMR 30.353.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells and historical water table
fluctuation data compiled by the United States Geological Survey.
IMPERVIOUS SURFACE
Material or structure on, above or below the ground that does not allow precipitation or
surface water to penetrate directly into the soil.
LANDFILL
A facility established in accordance with a valid site assignment for the purposes of
disposing of solid waste into or on the land, pursuant to 310 CMR 19.006.
LOT
As per § 179-2, Definitions.
MINING
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores
or bedrock whether the disturbed natural materials are removed from the site or
reworked on the site.
NITROGEN MANAGEMENT
The process of ensuring that nitrogen generated by land uses does not exceed established
capacities of the resources receiving nitrogen inputs.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from
any activity other than collection of sanitary sewage, including, but not limited to,
activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR
15.004(6).
OPEN DUMP
A facility which is operated or maintained in violation of the Resource Conservation and
Recovery Act [42 U.S.c. § 4004(a)(b)], or the regulations and criteria for solid waste
disposal.
PETROLEUM PRODUCT
Petroleum or petroleum byproduct, including, but not limited to: fuel oil; gasoline; diesel;
kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil
mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific
gravity. Petroleum product shall not include liquefied petroleum gas, including, but not
limited to, liquefied natural gas, propane or butane.
POTENTIAL DRINKING WATER SOURCES
Areas that could provide significant potable water in the future.
PROCESS WASTEWATER
All wastewater disposed of onsite other than sanitary wastewater.
RECHARGE AREAS
Areas that collect precipitation or surface water and carry it or have it pumped to aquifers.
Recharge areas may include areas designated as Zone I, Zone II or Zone III.
SEPTAGE
The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding
tanks, or other sewage waste receptacles. Septage does not include any material that is a
hazardous waste, pursuant to 310 CMR 30.000.
SLUDGE
The solid, semisolid, and liquid residue that results from a process of wastewater
treatment or drinking water treatment. Sludge does not include grit, screening, or grease
and oil which are removed at the headworks of a facility.
STORMWATER MANAGEMENT
The process of ensuring that the magnitude and frequency of stormwater runoff does not
increase the hazards associated with flooding and that water quality is not compromised
by untreated stormwater flow.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land into two or more lots, tracts, or
parcels in accordance with MGL c. 41 § 81L.
TIGHT TANK
Any and all containers or devices with regard to or used for wastewater disposal as defined
and regulated by the State Sanitary Code, 310 CMR 15.260.
TREATMENT WORKS
Any and all devices, processes and properties, real or personal, used in the collection,
pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of
waterborne pollutants, but not including any works receiving a hazardous waste from off
the site of the works for the purpose of treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons
(100 kilograms) a month of hazardous waste or waste oil, but not including any acutely
hazardous waste as defined in 310 CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas
which is sheltered and has adequate protection to contain a spill, seepage, or discharge of
petroleum waste products in accordance with MGL c. 21, § 52A.
WATER QUALITY REVIEW COMMITTEE (WQRC)
Committee to be appointed by the Select Board to include eight members; one member
each from the Select Board, Board of Health, Planning Board, Conservation Commission,
Comprehensive Water Planning Committee and Water Commissions, the Brewster Building
Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later
than three weeks after the effective date of this bylaw, members other than the Building
Commissioner and the Health Agent shall be appointed for one-, two- and three-year
terms and thereafter all members shall be appointed for three-year terms. The Building
Commissioner and Health Agent shall serve as members of the WQRC while they are
employed in their respective positions.
ZONE I
The immediate land area around a well. It is defined as a four-hundred-foot protective
radius for wells greater than 100,000 gpd and a radius of 100 to 400 feet for wells less than
100,000 gpd, depending upon the pumping rate. The Zone I must be owned by the water
supplier or controlled through a conservation restriction. Only water supplier activities are
allowed in the Zone I.
ZONE II
The DEP-approved area of an aquifer which contributes water to a well under the most
severe pumping and recharge conditions that can be realistically anticipated as defined in
310 CMR 22.00. The Zone II includes the Zone I.
ZONE III
The land area beyond the area of Zone II from which surface water and groundwater drain
into Zone II. Zone III boundaries are determined by identifying the topographic surface
water drainage divides. The surface water drainage area commonly coincides with the
groundwater drainage; however, in areas where they are not coincident, the Zone III
encompasses both the surface and groundwater drainage area.
§ 179-56 Use regulations.
A. Provided that all necessary permits, orders, or approvals as required by local, county,
state, or federal law are also obtained and notwithstanding any requirement to the
contrary found within this article, the following uses and activities shall not independently
trigger the need for a Special Permit and shall be allowed as long as the uses and
activities comply with applicable be exempted from the requirements of this article and
may occur without a special permit Performance Standards established in Section 179-
57.
(1) Continuous transit: the transportation of hazardous wastes or materials, provided that the
transporting motor vehicle is in continuous transit;
(2) Vehicular and lawn maintenance fuel and lubricant use: the use in a vehicle or lawn
maintenance equipment of any hazardous material solely as fuel or lubricant in that
vehicle or equipment fuel tank;
(3) Retail/wholesale sales/office/commercial uses with a lot size below 40,000 square feet
and building area less than 5,000 square feet that store or handle hazardous materials or
wastes in amounts that do not exceed household quantities;
(4) Construction activities: The activities of constructing, repairing, or maintaining any building
or structure, provided that all contractors, subcontractors, laborers, and their employees
follow all local, county, state and federal laws when using, handling, storing, or producing
any hazardous materials or wastes;
(5) Household use: the household use of hazardous materials or wastes in amounts that do
not exceed household quantities;
(6) Municipal use: the municipal use of hazardous materials and any materials stored and
used for the sole purpose of water supply treatment or as required by law;
(7) Storage of oil(s): the storage of oil(s) used for heating fuel, provided that the container
used for such storage shall be located within an enclosed structure that is sufficient to
preclude leakage of oil to the external environment and to afford routine access for visual
inspection and shall be sheltered to prevent the intrusion of precipitation;
(8) Conservation of soil, water, plants, and wildlife;
(9) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally
permitted;
(10) Normal operation and maintenance of existing water bodies and dams, splash boards, and
other water control, supply and conservation devices;
(11) Use and development of single-family residential dwelling units;
(12) Use of land pursuant to an approved definitive subdivision plan, special permit, or
variance;
(13) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;
(14) Construction, maintenance, repair, and enlargement of drinking-water-supply-related
facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels;
(15) Underground storage tanks related to permitted activities.
B. Prohibited uses within the Town of Brewster. The following uses are prohibited
throughout and within the Town of Brewster:
(1) (Reserved)
(2) Landfills receiving only wastewater and/or septage (wastewater residuals "monofils") as
defined in 310 CMR 32.05, approved by the DEP pursuant to MGL c. 21, §§ 26 through 53;
MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder.
(3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in
compliance with 310 CMR 32.30 and 310 CMR 32.31.
(4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the
removal of ice and snow on roads, unless such storage, including loading areas, is within a
structure designed to prevent the generation and escape of contaminated runoff or
leachate.
(5) Storage of animal manure, unless such storage is covered or contained within a structure
designed to prevent the generation and escape of contaminated runoff or leachate.
(6) Earth removal not consistent with § 179-39 of the Brewster Zoning Bylaw.
(7) Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C
and 310 CMR 30.000, except for the following:
(a) Very small quantity generators of Class A regulated recyclable material as defined under
310 CMR 30.000.
(b) Household hazardous waste centers and collection events under 310 CMR 30.390.
(c) Waste oil retention facilities required by MGL c. 21, § 52A.
(d) Water remediation treatment works approved by the Department of Environmental
Protection (DEP) designed in accordance with 314 CMR 5.00 for the treatment of
contaminated groundwater or surface waters and operated in compliance with MGL c. 21E
and 310 CMR 40.0000.
(8) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1.
(9) Storage of dry hazardous materials, as defined in MGL c. 21E, unless in a freestanding
container within a building or above ground with adequate secondary containment
adequate to contain a spill the size of the container's total storage capacity.
(10) Storage of fertilizers unless such storage is within a structure designed to prevent the
generation and escape of contaminated runoff or leachate.
(11) Land uses that result in rendering impervious any lot or parcel more than 15% or 2,500
square feet, whichever is greater, unless a system for artificial recharge of precipitation is
provided that will not result in the degradation of groundwater quality.
(12) Any commercial floor drainage system which discharges to the ground without a DEP
permit or authorization.
C. Prohibited uses within Zones I and Zones II of the Groundwater Protection District. The
following uses, which may be allowed in other areas of the Town of Brewster, are
prohibited in Zones I and II of the Groundwater Protection District. Notwithstanding
language to the contrary found within § 179-52 of the Zoning Bylaw, no variance for a use
or activity not otherwise permitted shall be granted by the Board of Appeals within Zones I
or Zones II of the Groundwater Protection District.
(1) Storage of liquid petroleum and/or liquid hazardous products (as defined in MGL c. 21E),
except the following: normal household use, outdoor maintenance and heating of a
structure; fuel storage facilities as licensed by the Town; waste oil retention facilities
required by statute, rule or regulation; emergency generators required by statute, rule or
regulation.
(2) Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited
to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not
including liquefied petroleum gas.
(3) Treatment works that are subject to 314 CMR 5.00 (not Title 5 septic systems), including
privately owned sewage treatment facilities, except for the following:
(a) The replacement or repair of an existing treatment works that will not result in a system
capacity greater than the system capacity of the existing treatment works;
(b) The replacement of existing subsurface sewage disposal system(s) with wastewater
treatment works that will not result in a system capacity greater than the system capacity
of the existing system(s);
(c) Treatment works approved by DEP designed for the treatment of contaminated
groundwater; and
(d) Sewage treatment facilities in those areas with existing water quality problems when it has
been demonstrated to DEP and the Planning Board's satisfaction that these problems are
attributable to current septic problems and that there will be a net improvement in water
quality.
(4) Stockpiling and disposal of snow or ice removed from highways and streets located outside
of a Zone II that contains sodium chloride, chemically treated abrasives or other chemicals
used for snow and ice removal.
(5) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth
material within 10 vertical feet of historical high groundwater table elevation, as
determined from monitoring wells and historical water table fluctuation data compiled by
the United States Geological Survey.
(6) Industrial and commercial uses which discharge process wastewater on site.
(7) Facilities or works for the treatment or disposal of nonsanitary wastewater that are subject
to 314 CMR 5.00, or that discharge to the ground nonsanitary wastewater, including
industrial and commercial process wastewater, except the following:
(a) The replacement or repair of an existing system/treatment works that will not result in a
design capacity greater than the design capacity of the existing system/treatment works;
(b) Treatment works approved by the Department of Environmental Protection designed for
the treatment of contaminated groundwater and operating in compliance with 314 CMR
5.05(3) or 5.05(13); and
(c) Publicly owned treatment works.
(8) Storage of commercial fertilizers, as defined herein and in MGL c. 128, § 64.
(9) Gasoline stations, automotive service stations or car washes or motor vehicle or
commercial boat storage or repair. For the purposes of this chapter, "commercial" is
defined as any activity involving the sale of goods or services carried out with the intent of
earning a profit.
(10) Dry-cleaning establishments.
D. Uses/structures allowed by special permit.
(1) Unless otherwise exempted or prohibited elsewhere by this article and as otherwise
permitted in the underlying zoning district, the following uses and activities shall require a
special permit from the Planning Board. Where the use or activity requires a special permit
from another special permit granting authority, the provisions of this article shall
nevertheless apply, although the Planning Board and the other special permit granting
authority may hold a combined public hearing pursuant to MGL c. 40A, § 9 in lieu of
separate public hearings:
(a) (Reserved)
(b) The application for the construction of 10 or more dwelling units, whether on one or more
contiguous lots, tracts, or parcels, or whether contained within one or more structures;
(c) The application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000
square feet or greater of gross floor area;
(2) Provided that the following uses and/or structures are permitted by the underlying zoning
district and other relevant regulations, a special permit may be issued by the Planning
Board for the following uses and/or structures, provided that the Planning Board may
impose conditions upon the use or structure, consistent with the authority provided in
MGL c. 40 § 9, such that the use or structure will not, in the Planning Board's sole
judgment, be inconsistent with the purpose and intent of this bylaw. Notwithstanding the
powers hereby conveyed by this article and MGL c. 40A, § 9 to the Planning Board and in
recognition of the expertise found within the members of the Water Quality Review
Committee, the Planning Board shall, in accordance with the procedures of MGL c. 40A,
§ 11, cause all applications for a special permit pursuant to this article to be submitted to
the Water Quality Review Committee for the Committee's comments and
recommendations as provided by MGL. c. 40A, § 11. The Planning Board shall include in its
decision an explanation regarding any substantive deviation from the Committee's
recommendation regarding the approval, denial, or conditional approval of the special
permit application.
(a) The application of fertilizers for nondomestic or nonagricultural uses. Such applications
shall be made in a manner so as to minimize adverse impacts on groundwater due to
nutrient transport, deposition and sedimentation and shall conform to Chapter 119 of the
Brewster Town Code, Fertilizer Nutrient Control.
(b) The construction of dams or other water control devices, ponds, pools or other changes in
water bodies or courses, created for swimming, fishing or other recreational uses, or
drainage improvements.
(c) Any use that will render impervious more than 15% or 2,500 square feet of any lot,
whichever is greater. A system for groundwater recharge must be provided which does not
degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater
infiltration basins or similar systems covered with natural vegetation, and dry wells shall
be used only where other methods are infeasible. For all nonresidential uses, all such
basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal
of contamination. Any and all recharge areas shall be permanently maintained in full
working order by the owner.
(d) Any use which involves on-site wastewater disposal facilities having over 10,000 gallons
per day capacity or disposal of process waste from operations other than personal hygiene
and food for residents, patrons and employees.
(e) Commercial boat and motor vehicle storage, service or repair. For the purposes of this
Chapter, "commercial" is defined as any activity involving the sale of goods or services
carried out with the intent of earning a profit.
(f) Storage of home heating fuels in approved containers in amounts greater than 275 gallons
or in the aggregate, greater than 275 gallons.
(g) Treatment works that are subject to 314 CMR 5.00, including privately owned sewage
treatment facilities, and:
[1] The replacement or repair of an existing treatment works that will not result in a design
capacity greater than the design capacity of the existing treatment works.
[2] The replacement of existing subsurface sewage disposal system(s) with wastewater
treatment works that will not result in a design capacity greater than the design capacity
of the existing system(s).
[3] Treatment works approved by the Massachusetts Department of Environmental
Protection designed for the treatment of contaminated groundwater.
[4] Sewage treatment facilities in those areas with existing water quality problems when it has
been demonstrated to the Department of Environmental Protection's and the special
permit granting authority's satisfaction both that these problems are attributable to
current septic problems and that there will be a net improvement in water quality.
§ 179-57 Performance standards.
To preserve the natural land surface providing high-quality recharge to the groundwater, to
limit sewage flow and fertilizer application to amounts which will be adequately diluted by
natural recharge and to prevent the discharge or leakage of toxic or hazardous substances into
the surface and groundwater resources, all new, altered or expanded uses within Zone I, Zone II
and/or the DCPC area shall meet the following performance standards, in addition to those
requirements imposed by this article or the Planning Board:
(1) A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area
shall exceed a five-parts-per-million (ppm) nitrogen loading standard based on the
methodology contained in the Cape Code Commission's Nitrogen Loading Technical
Bulletin 91-001in the Brewster Board of Health Nitrogen Loading Regulation. The
overall concentration of nitrate nitrogen resulting from domestic wastewater disposal,
road runoff, and from fertilizer application, and other nitrogen sources, when diluted by
rainwater recharge on the lot, shall not exceed five parts per million (5 ppm). The policies
and procedures in the Brewster Board of Health Nitrogen Loading Regulation will be
used to confirm compliance with the 5 mg/L standard. The regulation requires the use
of a nitrogen loading spreadsheet developed by the Board of Health to calculate the
nitrogen concentration for a subject property based on the proposed land uses. The
Board of Health or the Health Agent, or their designee, will review the proposed project
and the nitrogen loading spreadsheet calculations for compliance with the health
regulation and the performance standards in this Bylaw. is presumed under the
following conditions: For the purposes of calculating nitrogen generation, the following
standards shall be used:
(a) Nitrogen from dwelling units that use septic systems (assuming three persons per
dwelling): 35 mg/l;
(b) Nitrogen from lawn fertilizers: two pounds per 1,000 square feet (25% leached);
(c) Nitrogen in background precipitation: 0.05 mg/l;
(d) Runoff from roads and ways: 1.50 mg/l;
(e) Runoff from roofs: 0.75 mg/l.
B. All toxic or hazardous materials shall be stored in product-tight containers, protected from
corrosion, accidental damage or vandalism, and shall be used and handled in such a way as
to prevent spillage with provisions for spill containment and cleanup procedures. In
addition, commercial enterprises shall be required to maintain a product inventory and
reconcile said inventory with purchase, use, sales and disposal records at sufficient
intervals to detect product loss. Subsurface fuel and chemical storage facilities in
compliance with local regulations and Massachusetts fire prevention regulations shall be
deemed to be in compliance with this standard.
C. No toxic or hazardous materials shall be present in waste disposed on the site. Waste
composed in part or entirely of toxic or hazardous materials shall be retained in product-
tight containers for removal and disposal by a licensed scavenger service or as directed by
the Board of Health.
D. Contaminant levels in groundwater resulting from disposal of any substance from
operations, other than personal hygiene and food for residents, patrons and employees or
from wastewater treatment and disposal systems greater than 10,000 gallons per day
capacity, shall not exceed those levels specified in the Drinking Water Regulations of
Massachusetts, 310 CMR 22.00, after allowing for dilution by natural recharge on the
premises. If higher, background levels of individual constituents in the groundwater shall
not be exceeded.
E. All new, altered or expanded uses shall comply with the requirements of the Stormwater
Management Bylaw (Chapter 272) to collect, treat and manage stormwater. All runoff
from impervious surfaces shall be recharged on the site and diverted towards areas
covered with vegetation for surface infiltration to the extent possible. Dry wells shall be
used only where other methods are infeasible and shall be preceded by oil, grease and
sediment traps to facilitate removal of contaminated solids. In the vicinity of chemical or
fuel delivery points, provision shall be made for spill control.
F. The Planning Board shall ensure that land uses, structures and related developments
conform to the following performance standards for stormwater management.
(1) No development shall result in a direct discharge of untreated stormwater, either on or off
site.
(2) Post development discharge rates shall not be greater than predevelopment discharge
rates.
(3) New development shall maximize recharge to groundwater.
(4) New development shall be required to remove, on site, no less than 80% of the annual
total suspended solids generated from development runoff.
(5) Best management practices shall be maintained for appropriate periods of time.
G. Sand and gravel removal operations shall be limited to a plane that is at least 10 feet
above the historical high groundwater level for that location. Land area exposed at any
one time shall be limited to no more than five contiguous acres in surface area and land
disturbed by sand and gravel removal operations shall be returned to a natural vegetative
state within one year of completion of operations.
H. Monitoring of regulated substances in groundwater monitoring wells. If required by the
Planning Board, groundwater monitoring well(s) shall be provided at the expense of the
applicant in a manner, number, and location approved by the Planning Board. Except for
existing wells found by the Planning Board to be adequate for this provision, the required
well(s) shall be installed by a water well contractor. Samples shall be analyzed and
analytical reports that describe the quantity of any hazardous material or waste present in
each monitoring well shall be prepared by a Massachusetts certified laboratory.
§ 179-58 Prohibited uses within Pleasant Bay Watershed.
(Reserved)
§ 179-58.1 Uses/structures allowed by special permit within the Pleasant Bay Watershed.
(Reserved)
§ 179-58.2 Performance standards within Pleasant Bay Watershed.
(Reserved)
§ 179-59 Prohibited uses within the watersheds of surface water bodies other than Pleasant
Bay.
(Reserved)
§ 179-59.1 Uses/structures allowed by special permit within watersheds of surface water
bodies other than Pleasant Bay.
(Reserved)
§ 179-59.2 Performance standards within watersheds of surface water bodies other than
Pleasant Bay.
(Reserved)
§ 179-60 (Reserved)
§ 179-61 Water quality review.
A. Water Quality Review Committee. There is hereby established a Water Quality Review
Committee (WQRC), comprising one representative each appointed from time to time by
and from the Select Board, Board of Health, Planning Board, Conservation Commission,
Water Commission, Comprehensive Water Planning Committee, Health Director and
Building Commissioner.
B. Certificate of water quality compliance.
(1) A certificate of water quality compliance shall be obtained by the owner of the premises
from the WQRC or, for special permit uses, from the SPGA:
(a) For erection of any new principal structure other than a single-family dwelling or for
change in occupancy requiring a certificate of use and occupancy under the State Building
Code.
(b) For occupancy of any premises not requiring a Certificate of use and occupancy but
involving the storage, handling or transportation of toxic or hazardous wastes.
(2) No building permit or certificate of use and occupancy shall be issued by the Building
Commissioner unless a certificate of water quality compliance, if required, has been
applied for or obtained.
C. Requirements. A certificate of water quality compliance shall be granted only as follows:
(1) For new construction or additions or new activities not involving structures, only if in full
compliance with all requirements of § 179-57, Performance standards.
(2) For change in occupancy or operation on previously developed premises, only if the
requirements of § 179-57B, C and D are met, and the requirements of all other subsections
of § 179-57 are either met or, if previously exceeded, there will be no further increase in
noncompliance.
D. Submittals. In applying for a certificate of water quality compliance or a special permit,
seven two paper sets and one electronic copy of application materials shall be submitted
to the Building Commissioner, who shall forward one set them to each member of the
WQRC. In the case of uses requiring a special permit under § 179-56D, one set shall also be
submitted to the SPGA along with any other application materials. All information
necessary to demonstrate compliance must be submitted, including but not limited to the
following:
(1) A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous
materials to be used or stored on the premises in quantities greater than those associated
with normal household use, accompanied by a description of measures to protect from
vandalism, corrosion and leakage and to provide for control of spills.
(2) A description of potentially toxic or hazardous materials to be generated, indicating
storage and disposal method.
(3) Evidence of approval by the Massachusetts Department of Environmental Protection of
any industrial waste treatment or disposal system or any wastewater treatment system
over 15,000 gallons per day capacity, accompanied by analysis by a professional engineer
in sanitary or civil engineering registered in the Commonwealth of Massachusetts
certifying compliance with § 179-57D.
E. Action. For uses not requiring a special permit under § 179-56D, the WQRC shall act within
21 days of application, approving it by issuing a certificate of compliance if a majority
determine that the applicant has adequately demonstrated compliance with the
requirements of the Water Quality Protection District, and rejecting the application
otherwise. For uses requiring a special permit under § 179-56D, the WQRC shall make
recommendations to the SPGA within 35 days of receipt of the application, as provided in
MGL c. 40A, § 11.
F. Certificate review.
(1) Each three years the WQRC shall review compliance with this article and the certificate of
water quality compliance. Upon request, certificate holders shall submit the following:
(a) Description of any changes from the originally submitted materials.
(b) Certification that the waste disposal system has been inspected by a licensed septic
system installer or treatment plant operator within the preceding 90 days and found to be
properly maintained and in proper operating condition. Description of any maintenance,
repair, replacement, or expansion of the existing sewage disposal system, sewage pumping,
or certified inspections completed from the date of the issuance of the last certificate
renewal. The Certificate holder shall self-certify that the sewage disposal system has been
properly maintained and is in proper operating condition.
(c) Results from analysis of leachate or wastewaters as may be required by the Board of
Health.
(d) Documentation on the operation and maintenance of stormwater facilities permitted
under the Stormwater Management Bylaw (Chapter 272).
(2) Evidence of noncompliance shall be reported to the Building Commissioner for
enforcement action who shall have the authority to enforce the provisions of this bylaw.
§ 179-62 Enforcement.
A. Inspection. These provisions shall be enforced by the Building Commissioner. The Building
Commissioner or agent of the Board of Health may enter upon the premises at any reasonable
time to inspect for compliance with the provisions of this article. Evidence of compliance with
approved waste disposal plans may be required by the enforcing officers. All records pertaining
to waste disposal and removal shall be retained.
B. Violations. Written notice of any violations shall be provided to the holder of the certificate
of water quality compliance, specifying a time for compliance, including cleanup of any spilled
materials which is reasonable in relation to the public health hazard involved and the difficulty
of compliance, but in no event shall more than 30 days be allowed for either compliance or
finalization of a plan for longer term compliance, approved by the WQRC.
COMMENT
The proposed Stormwater Management Bylaw (Article 9) incorporates many of the stormwater
management requirements currently included in the Town’s Water Quality Review bylaw. For
that reason, the Town is recommending changes to this bylaw to avoid any duplication or
conflicts between the two. These updates also clarify and standardize applicable nitrogen
loading calculations. Evaluation of nitrogen loading calculations and compliance with related
performance standards will be overseen by the Board of Health, which is developing new
regulations to facilitate these reviews.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 Planning Board: Yes 7, No 0, Abs 0
ZONING BYLAW AMENDMENTS / Floodplain District
ARTICLE NO. 11: To see if the Town will vote to amend the Town Code by making amendments
to the Floodplain District section of Chapter 179 Zoning Bylaws, by deleting existing text and
replacing with new text as follows:
§ 179-7 Floodplain District.
The Floodplain District is established as an overlay district. All uses otherwise permitted in the
underlying district are allowed, provided that they meet the following additional requirements, as
well as those of the Massachusetts State Building Code dealing with construction in floodplains
and coastal high hazard areas.
A. Statement of purpose. The purposes of the Floodplain District are to:
(1) Regulate development in areas subject to coastal storm flowage, particularly high hazard
velocity zones, in order to minimize threats to public safety, potential loss of life, personal
injury, destruction of property, and environmental damage inevitably resulting from
storms, flooding, erosion and relative sea level rise.
(2) Enable safe access to and from coastal homes and buildings for homeowners and
emergency response personnel, such as police, fire and rescue departments or other
emergency response officials.
(3) Reduce or prevent public health emergencies resulting from surface and ground water
contamination from inundation of or damage to sewage disposal systems and storage
areas for typical household hazardous substances.
(4) Minimize monetary loss and public health threats resulting from storm damage to public
facilities (water and gas mains, electric, telephone lines, streets, bridges, etc.). Avoid the
loss of utility services which, if damaged by flooding, would disrupt or shut down the utility
network and impact regions of the community beyond the site of flooding.
(5) Eliminate costs associated with the response to and cleanup of flooding conditions.
(6) Reduce damage to public and private property resulting from flooding waters.
B. Definitions. As used in this section, the following words shall have the meanings specified
herein:
AREA OF SPECIAL FLOOD HAZARD The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, X, and VE. [Base Code, Chapter 2,
Section 202]
BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given
year.
COASTAL HIGH HAZARD AREA The area subject to high-velocity waters, including but not
limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone VE.
DEVELOPMENT Any man-made change to improved or unimproved real estate, including but
not limited to building or other structures, mining, dredging, filling, grading, paving, excavation
or drilling operations or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
DISTRICT Floodplain District.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be fixed (including, at minimum, the installation of utilities, the
construction of streets, and either final site grading or pouring of concrete pads) is completed
before the effective date of this section.
EXPANSION TO AN EXISTING MANUFACTURED HOMEPARK OR SUBDIVISION The preparation
of additional sites by the construction of facilities for servicing lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction or streets, and
either final site grading or pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Administers the National Flood
Insurance Program (NFIP). FEMA provides a nationwide flood hazard mapping study program
for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD INSURANCE RATE MAP (FIRM) An official map of a community on which FEMA has
delineated both areas of special flood hazard and risk premium zones applicable to the
community.
FLOOD INSURANCE STUDY (FIS) An examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of flood-related erosion hazards.
FUNCTIONALLY DEPENDENT USE A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include long-term storage or related
manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced
Standard ASCE 24-14]
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title
44, Part 59]
HISTORIC STRUCTURE Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
[US Code of Federal Regulations, Title 44, Part 59]
LAND SUBJECT TO COASTAL STORM FLOWAGE Land subject to inundation caused by coastal
storms up to and including the one-hundred-year flood, surge of record, or flood of record,
whichever is greater. The one-hundred-year flood (or base flood as it is also referred to) means
the flood having a one-percent chance of being equaled or exceeded in any given year. The
seaward limit is mean low water.
LOWEST FLOOR The lowest floor of the lowest enclosed areas (including basement or cellar).
An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access
or storage in an area other than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
connected to the required utilities. For purposes of the application of this Floodplain District
Bylaw, the term “manufactured home” also includes park trailers, travel trailers, and other
similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes,
the term “manufactured home” does not include park trailers, travel trailers, and other similar
vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) Is administered by the Federal Emergency
Management Agency (FEMA).
NEW CONSTRUCTION Structures for which the start of construction commenced on or after
June 6, 1985 (the effective date of the first Flood Insurance Rate Map and accompanying
regulations). New construction includes work determined to be substantial improvement.
NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of this Floodplain District Bylaw.
ONE HUNDRED YEAR FLOOD See "base flood."
RECREATIONAL VEHICLE A vehicle which is:
(a) Built on a single chassis,
(b) 400 square feet or less when measured at the largest horizontal projection,
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
(Note: Recreational Vehicles are only allowed in Brewster in licensed camping facilities)
SEA-LEVEL RISE BASE FLOOD ELEVATION (SLR-BFE) The elevation of surface water resulting
from any inundation caused by coastal storms up to and including that predicted to be caused
by the 1% annual storm for the Target Year, as defined by the best available coastal flooding
model.
SPECIAL FLOOD HAZARD AREA An area having special flood and/or flood related erosion
hazards, and shown on a FIRM as Zone A, AE, VE.
START OF CONSTRUCTION The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement or other improvement is within 180 days
after the date of issuance. The actual start of construction means the first placement of
permanent construction of a building (including a manufactured home) on a site, such as the
pouring of a slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation,
grading or filling), the installation of streets or walkways, excavation for a basement, footings,
piers or foundations, the erection of temporary forms or the installation of accessory buildings
such as garages or sheds not occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual “start of construction” means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether or not that alteration affects
the external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE For floodplain management purposes, a walled and roofed building, including a gas
or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50% of the market value of the
structure before the start of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair work performed.
SUBSTANTIAL REPAIR OF A FOUNDATION When work to repair or replace a foundation results
in the repair or replacement of a portion of the foundation with a perimeter along the base of
the foundation that equals or exceeds 50% of the perimeter of the base of the foundation
measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine it to be substantial
repair of a foundation. Applications determined by the building official to constitute substantial
repair of a foundation shall require all existing portions of the entire building or structure to
meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE A grant of relief by a community from the terms of a flood plain management
regulation. [US Code of Federal Regulations, Title 44, Part 59]
VIOLATION The failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without
the elevation certificate, other certifications, or other evidence of compliance required in
§60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
ZONES
ZONE A The one-hundred-year floodplain area where the base flood elevation (BFE) has
not been determined. To determine the BFE, use the best available federal, state, local or
other data.
ZONE AE The one-hundred-year floodplain where the base flood elevation has been
determined.
ZONE X Areas identified in the community Flood Insurance Study as areas of moderate or
minimal flood hazard.
ZONE VE Special flood hazard areas along a coast subject to inundation by the one-
hundred-year flood with additional hazards due to velocity (wave action). Base flood
elevations have been determined.
C. Floodplain District boundaries and base flood elevation data.
(1) The Floodplain District includes all special flood hazard areas within the Town of Brewster
designated as Zone A, AE, AH, AO, A99, V or VE on the Barnstable County Flood Insurance
Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the
administration of the National Flood Insurance Program dated July 14, 2016. The exact
boundaries of the District may be defined by the 1% chance base flood elevations shown
on the FIRM and further defined by the Barnstable County Flood Insurance Study (FIS)
report. The FIRM and FIS report are incorporated herein by reference and are on file with
the Town Clerk, Planning Board, Building Commissioner and Conservation Commission.
(2) Base flood elevation data. Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres; whichever is the lesser, within
unnumbered A zones.
a. Within Zone A, where the base flood elevation is not provided on the FIRM, the
applicant shall cause a qualified professional to provide any existing base flood
elevation data, which data shall be reviewed by the Building
Commissioner/Zoning Agent for its reasonable utilization toward meeting the
elevation or floodproofing requirements as appropriate, of the State Building
Code.
b. Pursuant to the Wetlands Protection Act (G.L. c. 131, Section 40 and 310 CMR
10.00, et seq.), the Brewster Conservation Commission may require any building
or other structure, in the event of any substantial repair of the foundation, any
substantial improvement, or any restoration of substantial damage, the entire
building or structure shall be elevated at least two (2) feet above the SLR-BFE.
D. Use regulations.
(1) All provisions of the Code of the Town of Brewster, Chapter 179, shall remain applicable
within the Floodplain District; provided, however, where the Floodplain District Bylaw
imposes additional or conflicting requirements, the more stringent local requirements shall
prevail. All development in the Floodplain District, including structural and nonstructural
activities, whether permitted by right or by special permit, must be in compliance with
(Chapter 131, Section 40, of the Massachusetts General Laws and with the following:
a. Section of the Massachusetts State Building Code which addresses floodplain
and coastal high hazard areas (currently 780 CMR).
b. Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00).
c. Inland Wetlands Restriction, IMP (currently 310 CMR 13.00).
d. Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00).
e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Tile 5).
f. Brewster Wetlands Protection Bylaw (currently Chapter 172, Brewster Town
Code).
g. Brewster Wetlands Conservancy District (currently Chapter 179, Article II, § 179-
6, Brewster Town Code).
(2) Any departure from the provisions and requirements of the above-referenced state or
local regulations may only be granted in accordance with the required variance procedures
of these state or local regulations. A variance from this Floodplain Bylaw must meet the
requirements set out by State law, and may only be granted if: 1) Good and sufficient
cause and exceptional non-financial hardship exist; 2) the variance will not result in
additional threats to public safety, extraordinary public expense, or fraud or victimization
of the public; and 3) the variance is the minimum action necessary to afford relief.
(3) If the State issues a variance to the flood-resistant standards as found in the Massachusetts
State Building Code, the Town will request from the State Building Code Appeals Board a
written and/or audible copy of the portion of the hearing related to the variance and will
maintain this record in the community’s files.
The Town shall also issue a letter to the property owner regarding potential impacts to the
annual premiums for the flood insurance policy covering that property, in writing over the
signature of a community official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the
base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the
referenced development in the floodplain overlay district.
E. Recommended uses. The following uses, which present low flood damage potential and are
unlikely to cause obstructions to flood flows, are encouraged, provided they are permitted in
the underlying district and do not require structures, fill, or the storage of either materials or
equipment.
(1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
(2) Forestry and nursery uses.
(3) Outdoor recreational uses, including play areas, nature study, boating, fishing and hunting
where otherwise legally permitted.
(4) Conservation of water, plants and wildlife.
(5) Wildlife management areas, foot, bicycle, and/or horse paths and bridges provided such
uses do not affect the natural flow pattern of floodwaters or of any watercourse.
(6) Temporary nonresidential structures used in connection with fishing, hunting, bird
watching, growing, harvesting, storage, or sale of crops raised on the premises.
(7) Buildings and uses lawfully existing prior to the adoption of these provisions.
F. Use limitations.
(1) Man-made alteration of sand dunes within Zone VE that increase potential flood damage is
prohibited.
(2) All new construction within Zone VE is required to be located landward of the reach of
mean high tide.
(3) All subdivision proposals shall be reviewed to assure that:
a. Such proposals minimize flood damage;
b. All public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure to flood hazards.
(4) Existing contour intervals of site and elevations of existing structures must be included on
plan proposals.
(5) Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around
structures on slopes, to guide floodwaters around and away from proposed structures.
(6) All recreational vehicles to be placed on a site must be:
a. elevated and anchored in accordance with the zone’s regulations for foundation
and elevation requirements; or
b. be on the site for less than 180 consecutive days; or
c. be fully licensed and highway ready.
G. Administration.
(1) The Town of Brewster requires a permit for all proposed construction or other
development in the floodplain overlay district, including new construction or changes to
existing buildings, placement of manufactured homes, placement of agricultural facilities,
fences, sheds, storage facilities or drilling, mining, paving and any other development that
might increase flooding or adversely impact flood risks to other properties.
(2) There shall be established a routing procedure which will circulate or transmit one copy of
the development plan to the Conservation Commission, Planning Board, Board of Health,
Town Engineer and Building Commissioner for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits. The proponent must
obtain all local, state, and federal permits necessary to carry out the proposed
development in the floodplain overlay district and must verify that all necessary permits
have been acquired.
(3) The Building Commissioner shall require the applicant to cause a qualified professional to
provide records of elevation and/or floodproofing levels for new construction or
substantial improvement within the flood district.
H. Designation of community Floodplain Administrator. The Town of Brewster hereby designates
the position of Building Commissioner to be the official floodplain administrator for the Town.
I. Severability. If any provision of this section should be disapproved by the Attorney General or
invalidated by a court of competent jurisdiction, the remainder of the section shall not be
affected thereby. The invalidity of any section or sections or parts of any section or sections of
this § 179-7 shall not affect the validity of the remainder of the Town of Brewster's Zoning
Bylaw.
J. Abrogation. The provisions found in this Floodplain Overlay District section shall take
precedence over any less restrictive conflicting local laws, ordinances or codes.
K. Liability. The degree of flood protection required by this bylaw is considered reasonable but
does not imply total flood protection.
L. Requirement to submit new technical data. If the Town acquires data that changes the base
flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within 6
months, notify FEMA of these changes by submitting the technical or scientific data that
supports the change(s.) Notification shall be submitted to:
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor, Boston, MA 02110
And copy of notification to:
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02110
COMMENT
The Brewster floodplain district was first adopted as a zoning overlay in 1985. The bylaw has
been amended over time as subsequent district boundaries and state and federal regulations
have changed. The amendments proposed in this article are designed to incorporate
recommended changes from the state’s updated model floodplain bylaw. No changes to the
floodplain district boundary are proposed as part of this zoning bylaw amendment.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 Planning Board: Yes 7, No 0, Abs 0
DRUMMER BOY PARK MASTER PLAN UPDATE
ARTICLE NO. 12: To see if Town will vote to accept the 2021 Drummer Boy Park Master Plan, or
to take any other action relative thereto.
(Select Board) (Majority Vote Required)
COMMENT
After purchasing the Drummer Boy property in 1988, a Comprehensive Master Plan was
developed and adopted by Town Meeting in 1995. That plan identified opportunities and
constraints for the site and developed a programmatic plan for the property via a phased
implementation approach. Some of these improvements, including the bandstand, playground,
and walking paths, have been implemented. Twenty-five years later, Drummer Boy Park
continues to provide diverse active and passive recreational uses for countless residents and
visitors, and it remains a vital community asset.
In 2020, the Select Board established the Drummer Boy Park Advisory Committee to review the
park’s current condition and uses, develop designs for expanded or alternative uses, and
estimate costs and funding scenarios for such future plans. The resulting updated Master Plan
was informed by feedback from residents and relevant stakeholders such as the Brewster
Historical Society and Brewster Conservation Trust, who own adjacent properties.
The goals of this new Plan are to preserve the character of the park, improve views of the bay,
enhance existing uses, and provide additional access to and throughout the park. The Plan
also seeks to account for future increased use given the proposed construction of a new
elevated boardwalk to Wing Island from the Town-owned conservation land immediately to the
east of Drummer Boy. Additional details and more information on the Plan can be found on the
Town website at Drummer Boy Park Advisory Committee (brewster-ma.gov) or in the Town
Administrator’s office.
Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0
OTHER BUSINESS
ARTICLE NO. 13 To act upon any other business that may legally come before this meeting; or
to take any other action related thereto.
(Select Board) (Majority Vote Required)
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 __th day of October 2021.
___________________________________
Cynthia A. Bingham, Chair
___________________________________
David Whitney, Vice-Chair
___________________________________
Ned Chatelain, Clerk
___________________________________
Mary Chaffee
___________________________________
Kari S. Hoffmann
I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of November 15, 2021 by posting attested
copies thereof, in the following locations in the Town on the __th day of October, 2021.
Brewster Town Offices
Café Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U. S. Post Office
_________________________________
Roland W. Bassett, Jr. Constable
MODERATOR’S RULES REGARDING TOWN MEETING
Priority shall be given to registered voters of the Town for admission to all Town Meetings, whether annual
or special meetings. Therefore, the following rules shall apply:
1. Prior to admission, persons desiring admission shall check in with the Registrars of Voters,
who will be present at the main entrance with voter registration lists.
2. Non-voters, who desire to be present, will be seated in the area designated as the nonvoter
section. Voters take priority seating.
3. Non-voters will not address the Town Meeting without the unanimous consent of all
voters present and will not participate in voting. Non-resident Town staff will be permitted
to address Town Meeting as appropriate and consistent with past precedent.
TOWN MEETING PROCEDURE
THE MODERATOR has absolute control of the Town Meeting.
GENERAL LAWS CHAPTER 39 SECTION 15: The Moderator shall preside and regulate the proceedings,
decide all questions of order, and make public declaration of all votes. The Moderator recognizes speakers
from the floor, and while they are speaking allows no interruptions except when a point of order is raised.
WHEN A VOTER WISHES TO SPEAK, the voter may rise, say, "Mr. Moderator," and wait for recognition.
Then, with the microphone, please give your name. The voter may continue with due regard to reasonable
brevity, as long as the voter speaks directly to the question under discussion.
THERE WILL BE NO SMOKING OR STANDING in the meeting location.
ANY TIME THE MOTION TO BE VOTED ON IS UNCLEAR, ask the Moderator before voting.
VOTERS WILL PLEASE HOLD THEIR BREWSTER VOTER TAG in their right hand, so that the tellers when
counting hand votes will count them.
NO PERSON IS TO INDULGE IN PERSONALITIES OR DEROGATORIES. Let us maintain decorum and reason
together.
MOTIONS
MAIN MOTIONS are always on articles in the Town warrant. They are made, seconded, and then
opened for consideration.
SECONDARY MOTIONS are motions which refer to main motions. Secondary motions usually amend,
postpone, or limit consideration.
AMENDMENTS may be offered by any voter to the motion under discussion, provided the scope of the
original motion is not enlarged or altered. Amendments are seconded and discussed; they require a
majority vote to carry (pass). An amendment need not be voted upon if the proposed change is agreeable
to the proponents of original motion. Voters must submit amendments in legible writing.
POSTPONE
TO REFER TO COMMITTEE "COMMIT" if changes in a main motion are numerous, take too much time, or
require additional information, it is wise to commit the article to a committee. This secondary motion
should specify which board or committee. If proposing a new committee, specify how many members,
how appointments are to be made, and when the committee should report.
POSTPONE TO A DEFINITE TIME defers action on a main motion to a stated hour, usually during the
meeting. At the hour specified, it is returned to the floor when a motion is made that the deferred
article be considered.
"LAY ON TABLE" intends to temporarily lay aside an article. Not debatable; two-thirds vote carries. An
article not taken from table before the meeting adjourns is not actionable. To be considered at a
subsequent meeting, it must reappear in the warrant for that meeting.
"TAKE NO ACTION" "PASS OVER" "POSTPONE INDEFINITELY" are debatable motions and require
majority vote. The intent is to defeat the motion.
LIMIT CONSIDERATION
LIMIT DEBATE This secondary motion requests a vote to be taken at a specific time. Requires a 2/3
majority vote.
"MOVE THE PREVIOUS QUESTION" demands an immediate vote on any motion under consideration
without further debate on the motion. May not be debated or amended. Requires 2/3 vote to carry. If it
carries, we vote on the main motion that we voted to end the debate on.
POINT OF ORDER
IF A VOTER QUESTIONS THE LEGALITY or propriety of the proceedings, the voter may rise, interrupt
the speaker and say, "I rise to a point of order" or "question of privilege."
VOTES ON MAIN MOTIONS
Usually carries (passes) with majority of those attending. Quantum of vote for each article is noted inthe warrant book.
EXCEPTIONS
2/3 MAJORITY VOTE REQUIRED for borrowing of money appropriations for land purchases; land
purchase for public purpose; sale or abandonment of unneeded land; abandonment of projects for
which money has been borrowed; appropriation for celebration of settlement or incorporation;
zoning bylaws.
4/5 USUALLY REQUIRED for payment of a bill for which insufficient appropriations made in a previous
year, at the Annual Town Meeting. A 9/10 vote is required at a Special Town Meeting.
POSTPONE INDEFINITELY requires a majority vote, may be debated, and may not interrupt the
speaker.
Appendix H
GLOSSARY OF FINANCIAL TERMS
Appropriation An authorization granted by a legislative body to make expenditures and to incur obligations for
specific purposes. An appropriation is usually limited in amount and as to the time when it may be
expended. Only town meeting can authorize money appropriated for one purpose to be used for
another. Any amount that is appropriated may be encumbered (see encumbrance). Any part of an
annual operating appropriation not spent or encumbered by June 30 automatically reverts to the
undesignated fund balance that may result in free cash. If departments know of remaining unpaid
bills at the close of the fiscal year and properly notifies the Town Accountant (MGL Ch. 41 ss. 58),
the departmental appropriation is encumbered. This action extends the annual spending
authorization until such time that the bill is paid or it is decided not to spend the funds. If these
encumbrances are not acted on within ninety days, the Town Accountant generally notifies the
department and closes them out. A special purpose appropriation, on the other hand, may carry
forward from year to year until spent for the designated purpose or transferred by town meeting
vote to another account.
Audit An examination of systems, procedures, and financial data by a certified public accountant,
reporting on the fairness of financial statements and compliance with statutes and regulations. The
audit is a valuable management tool for evaluating the fiscal performance of a community.
Available Funds Funds established through previous appropriations or resulting from financial operations. They
may be appropriated to meet unforeseen expenses, or large non-recurring or capital expenditures.
Examples include free cash, stabilization fund, overlay surplus, water surplus, and enterprise
retained earnings.
Betterments
(Special
Assessments)
Whenever a limited area of a community receives benefit from a public improvement (e.g., water,
road, sewer, sidewalk, etc.), special property taxes may be assessed to reimburse the governmental
entity for all or part of the costs it incurred. Each parcel receiving benefit from the improvement is
assessed for a proportionate share of the cost of such improvements. The proportionate share may
be paid in full, or the property owner may request the assessors to apportion the betterment over
a period of up to 20 years. Over the lifetime of the betterment, one year’s apportionment along
with one year’s committed interest computed from October 1 to October 1 is added to the tax bill
until the betterment has been paid.
Bond A written promise to pay a specified sum of money, called the face value (par value) or principal
amount, at a specified date in the future, called the maturity date, together with periodic interest
at a specified rate. The difference between a note and a bond is that the latter runs for a longer
period of time.
Bond
Anticipation
Note (BAN)
A short-term note to provide cash for initial project costs issued in anticipation of bond proceeds.
BANs may be issued for a period not to exceed five years, provided principal repayment begins after
two years. Communities with approved projects on the School Building Assistance (SBA) priority
list may defer principal payments up to five years (approved annually in outside sections of the
budget). The final maturity date of the project borrowing, beginning from the date the short-term
note was issued, may not exceed the term specified by statute. BANs are full faith and credit
obligations.
Bond Authorized
And Unissued
Bond authorized but not yet sold. Issuance is contingent only on action by the Town Treasurer and
a majority of the Board of Selectmen.
Bond Counsel An attorney or law firm engaged to review and submit an opinion on the legal aspects of a municipal
bond or note issue.
Bond Issue Generally represents the sale of a certain number of bonds at one time by a governmental unit.
Bond Rating
(Municipal)
A credit rating to help investors determine the risk of losing money in a given fixed-income
investment. Agencies specializing in municipal bonds assign a rating, designated by letters or a
combination of letters and numerals, based on their opinion of the future ability, legal obligation,
and willingness of a bond issuer to make timely debt service payments.
Budget A plan of financial operation embodying an estimate of proposed revenues and expenditures for a
given period and the proposed means of financing them. A budget may be “preliminary” (the
financial plan presented to the town meeting), or “final” (the plan approved by that body). The
budget should be separated into basic units, either by department, program, or service. Formatting
the budget in this way helps local officials and citizens make policy decisions when allocating scarce
resources. It is also important to include as much information as possible concerning the output or
accomplishments expected of a given program or department during the year.
Capital
Improvements
Program
A comprehensive plan for planning a community’s capital expenditures. It coordinates community
planning, fiscal capacity and physical development. While all of the community’s needs should be
identified in the program, there is a set of criteria that prioritizes the expenditures. The capital
program is a plan for capital expenditures that usually extends at least five years beyond the capital
budget.
Capital Outlay
Expenditure
Exclusion
A vote by a community at an election to exclude payments for a capital project from the levy limit.
The exclusion may temporarily increase the levy above the levy ceiling.
Cash Currency, coin, checks and bankers’ drafts on hand or on deposit with an official or agent
designated as custodian of cash and bank deposits.
Cash
Management
The process of managing a local government’s money in order to ensure maximum cash availability
and maximum yield on short-term investment of idle cash.
Cemetery
Perpetual Care
Funds donated by individuals for the care of gravesites. According to MGL, funds from this account
must be invested and spent as directed by perpetual care agreements. If no agreements exist, the
interest (but not principal) may be used as directed by the Cemetery Commissioners for the purpose
of maintaining cemeteries.
Chapter 90
Highway Funds
The state legislature authorizes and issues transportation capital bonds every few years. In each
Transportation Bond, funds are apportioned to communities based upon a formula under the
provisions of MGL Ch. 90 ss. 34, hence the terms Chapter 90 funds. The Chapter 90 highway formula
is comprised of three variables: local road mileage as certified by the Massachusetts Highway
Department (MHD), employment figures from the Department of Employment and Training (DET),
and population estimates from the U. S. Census Bureau. Under this formula, those communities
with a larger number of road miles receive proportionately more aid than those with fewer road
miles. These funds are reimbursed to communities based upon certified expenditure reports
submitted to MHD.
Cherry Sheets Named for the cherry colored paper on which they were originally printed, the Cherry Sheets are
the official notification of the next fiscal year’s state aid and assessments to communities and
regional school districts from the Commissioner of Revenue. State aid to municipalities and
regional school districts consist of two major types – distributions and reimbursement.
Distributions provide funds based on formulas while reimbursements provide funds for costs
incurred during a period for certain programs or services. In addition, communities may receive
“offset items” that must be spent on specific programs. Cherry Sheet assessments are advance
estimates of state assessments and charges. Local assessors are required to use these figures in
setting the local tax rate. Because these figures are estimates, it should be noted that based upon
filing requirements and/or actual information, the final aid or assessment may differ.
Cherry Sheet
Offset Items
Local aid accounts that may be spent without appropriation in the budget, but which must be spent
for specific municipal and regional school district programs. Current offset items include racial
equality grants, school lunch grants, and public libraries grants.
Collective
Bargaining
The negotiations between an employer and union representative regarding wages, hours, and
working conditions.
Conservation
Fund
This fund may be expended for lawful conservation purposes as described in MGL Ch. 40 ss. 8C. It
may also be expended for damages related to the taking of land by eminent domain provided that
such taking has first been approved by two-thirds vote of town meeting.
Contingent
Appropriation
An appropriation that authorizes spending for a particular purpose upon the occurrence of a later
event. The grant of spending authority made by an appropriation must be certain at the time of
the vote and, therefore, contingent appropriations are not generally permissible. Under MGL Ch.
59 ss. 21C(m), however, towns may make appropriations from the tax levy, available funds or
borrowing, contingent upon the subsequent passage of a Proposition 2-½ override or exclusion
question for the same purpose.
Debt
Authorization
Formal approval by a two-thirds vote of town meeting to incur debt, in accordance with procedures
stated in MGL Ch. 44.
Debt Exclusion A vote by a municipality at an election to exclude debt service payments for a particular capital
project form the levy limit. The amount necessary to cover the annual debt service payment is
added to the levy limit for the life of the debt only. A debt exclusion may temporarily increase the
levy above the levy ceiling.
Debt Limit The maximum amount of debt that a municipality may have authorized for qualified purposes
under state law.
Debt Service The cost usually stated in annual terms, of the principal repayment and interest of any particular
issue.
Deficit The excess of expenditures over revenues during an accounting period. Also refers to the excess of
the liabilities of a fund over its assets.
Education
Reform Act Of
1993
An act that seek to remedy educational funding inequities between local communities by providing
adequate state funding over a seven year period for all local and regional school districts and by
mandating equity based upon a particular community’s ability to pay. One of the Act’s major goals
is to improve student achievement.
Eminent Domain The power of a government to take property for public purposes by condemnation provided that
fair compensation is paid to the owner. This method is frequently used to obtain real property that
cannot be purchased from owners by means of a voluntary transaction.
Encumbrance Obligations in the form of purchase orders, contracts, or salary commitments that are chargeable
to an appropriation and for which a part of the appropriations is reserved.
Enterprise Fund Those funds which are established for specific uses under M.G.L. c.44, §53F1/2 that require an
annual appropriation to operate (i.e. The Brewster Water Department). Enterprise fund revenue
streams are segregated from the general fund into a separate fund and available as a separate
financing source for services that generate, or for purposes supported by, those revenues. These
include the revenues of enterprise funds established for services typically financed and delivered
in a manner similar to private enterprises for the purpose of accounting for all costs, direct or
indirect, of providing the services.
Estimated
Receipts
An estimate of state and local miscellaneous receipts based upon the previous year’s receipts that
assessors deduct from the gross amount to be raised in order to arrive at the tax levy.
Excess And
Deficiency
Also called the “surplus revenue” account, this is the amount by which cash, accounts receivable,
and other assets exceed a regional school district’s liabilities and reserves as certified by the
Director of Accounts. The calculation is made based upon the balance sheet that is submitted by
the district’s auditor, accountant, or comptroller as of June 30. The regional school committee must
apply certified amounts exceeding five percent of the district’s prior year operating and capital
costs to reduce the assessment on member cities and towns.
Excess Levy
Capacity
The difference between the levy limit and the amount of real and personal property taxes actually
levied in a given year. Annually, the Board of Selectmen must be informed of excess levy capacity
and their acknowledgment must be submitted to the Department of Revenue when setting the tax
rate.
Fiscal Year Since 1974, the Commonwealth and municipalities have operated on a budget cycle that begins
July 1 and ends June 30. The designation of the fiscal year is that of the calendar year in which the
fiscal year ends. For example, the 2020 fiscal year is July 1, 2019 to June 30, 2020 and is usually
written as FY2020. Since 1976, the federal government has had a fiscal year that begins October 1
and ends September 30.
Fixed Costs Costs that are legally or contractually mandated such as retirement, FICA/Social Security, insurance,
debt service or interest costs.
Foundation
Budget
The target imposed by the Education Reform Act of 1993 for each school district, defining the
spending level necessary to provide an adequate education for all students.
Free Cash Unrestricted funds from operations of the previous fiscal year that are certified by the Director of
Accounts as available for appropriation. Remaining funds include unexpended free cash from the
previous year, receipts in excess of estimates shown on the tax recapitulation sheet, and unspent
amounts in budget line-items. Unpaid property taxes and certain deficits reduce the amount that
can be certified as free cash. The calculation of free cash is based upon the balance sheet as of June
30, which is submitted by the Town Accountant. A community should maintain a free cash balance
to provide a hedge against unforeseen expenditures and to ensure there will be an adequate
reserve to prevent sharp fluctuations in the tax rate. Maintenance of an adequate free cash level
is not a luxury but a necessary component of sound local fiscal management. Credit rating agencies
and other members of the financial community expect municipalities to maintain free cash reserves
and make judgments regarding a community’s fiscal stability, in part, on the basis of free cash.
Fund An accounting entity with a self-balancing set of accounts that are segregated for the purpose of
carrying on specific activities or attaining certain objectives in accordance with specific regulations,
restrictions, or limitations.
Fund Accounting Organizing the financial records of a municipality into multiple funds. A fund is a distinct entity
within the municipal government in which financial resources and activity (assets, liabilities, fund
balances, revenues and expenditures) are accounted for independently in accordance with specific
regulations, restrictions and limitations. Examples of funds include the general fund and enterprise
funds.
General Fund The fund used to account for most financial resources and activities governed by the normal town
meeting appropriation process.
General
Obligation (GO)
Bonds
Bonds issued by a municipality that are backed by the full faith and credit of its taxing authority.
Hotel/Motel
Excise
A local option that allows a community to assess a tax on room occupancy. The community may
levy up to 6% of the taxable rents of hotels, motels and lodging houses in that community.
Indirect Cost Costs of a service not reflected in the service’s operating budget. An example of an indirect cost of
providing water service would be health insurance costs for water department employees. A
determination of these costs is necessary to analyze the total cost of service delivery and a Mutual
Agreement for reporting and paying indirect costs is required between the Select Board and
respective Department / Committee.
Interest Compensation paid or to be paid for the use of money, including amounts payable at periodic
intervals or discounted at the time a loan is made.
Interest Rate The interest payable, expressed as a percentage of the principal available, for use during a specified
period of time. It is always expressed in annual terms.
Law Enforcement
Trust Fund
A revolving fund established to account for a portion of the proceeds from the sale of property
seized from illegal drug-related activities. Funds may be expended to defray certain qualified law
enforcement costs as outlined in MGL Ch. 94C ss. 47. Funds from this account may be expended
by the Police Chief without further appropriation.
Levy The amount a community raises through the property tax. The levy can be any amount up to the
levy limit.
Levy Ceiling The maximum levy assessed on real and personal property may not exceed 2 ½ percent of the total
full and fair cash value of all taxable property (MGL Ch. 59 ss. 21C). Property taxes levied may
exceed this limit only if the community passes a capital exclusion, a debt exclusion, or a special
exclusion.
Levy Limit The maximum amount a community can levy in a given year. The limit can grow each year by 2 ½
percent of the prior year’s levy limit plus new growth and any overrides. The levy limit can exceed
the levy ceiling only if the community passes a capital expenditure exclusion, debt exclusion, or
special exclusion.
Line-Item Budget A budget that focuses on inputs of categories of spending, such as supplies, equipment,
maintenance, or salaries, as opposed to a program budget.
Local Aid Revenue allocated by the commonwealth to cities, towns, and regional school districts. Estimates
of local aid are transmitted to cities, towns, and districts annually by the “Cherry Sheets”. Most
Cherry Sheet aid programs are considered revenues of the municipality’s or regional school
districts’ general fund and may be spent for any purpose, subject to appropriation.
Local Receipts Locally generated revenues, other than real and personal property taxes and enterprise fund
revenues. Examples include motor vehicle excise, investment income, hotel/motel tax, fees,
rentals, and charges. Annual estimates of local receipts are shown on the tax rate recapitulation
sheet.
Motor Vehicle
Excise (MVE)
Every motor vehicle and trailer registered in the Commonwealth is subject to the MVE unless
expressly exempted. MVE is imposed for the privilege of registering a motor vehicle. Registering a
motor vehicle automatically triggers the assessment of the excise.
Municipal(s) Municipal refers to any state or subordinate governmental unit. “Municipals” (i.e., municipal
bonds) include not only the bonds of all local subdivisions, such as cities, towns, school districts,
special districts, but also bonds of the state and agencies of the state.
Municipal
Revenue Growth
Factor (MRGF)
An estimate of the percentage change in a municipality’s revenue growth for a fiscal year. It
represents the combined percentage increase in the following revenue components; automatic 2
½ percent increase in the levy limit, estimated new growth, the change in selected unrestricted
state aid categories, and the change in selected unrestricted local receipts (Education Reform Act
of 1993).
Net School
Spending (NSS)
School budget and municipal budget amounts attributable to education, excluding long-term debt
service, student transportation, school lunches and certain other specified school expenditures. A
community’s NSS funding must equal or exceed the NSS Requirement established annually by the
Department of Education (DOE) (Education Reform Act of 1993).
New Growth The taxing capacity added by new construction and other increases in the property tax base. New
growth is calculated by multiplying all increases in value which are not the result of revaluation by
the tax rate of the previous fiscal year, for example, FY2000 new growth is determined by
multiplying the value on January 1, 1999 by the FY1999 tax rate. Assessors must submit
documentation of new growth to the BLA annually before setting the tax rate. Documentation
should be retained for five years in the event of a BLA audit.
Operating
Budget
A plan of proposed expenditures for personnel, supplies, and other expenses for the coming fiscal
year.
Overlay (Overlay
Reserve or
Allowance for
Abatements and
Exemptions)
An account established annually to fund anticipated property tax abatements, exemptions and
uncollected taxes in that year. The overlay reserve is not established by the normal appropriation
process, but rather is raised on the tax rate recapitulation sheet.
Overlay Surplus Any balance in the overlay account in excess of the amount remaining to be collected or abated can
be transferred into this account. Within ten days of a written request by the chief executive officer
of a city or town, the Board of Assessors must provide a certification of the excess amount of overlay
available to transfer. Overlay surplus may be appropriated for any lawful purpose. At the end of
each fiscal year, unused overlay surplus is “closed” to surplus revenue.
Override A vote by a community at an election to permanently increase the levy limit. An override vote may
increase the levy limit no higher than the levy ceiling. The override question on the election ballot
must state a purpose for the override and the dollar amount).
Override
Capacity
The difference between a community’s levy ceiling and its levy limit. It is the maximum amount by
which a community may override its levy limit.
Payments In Lieu
Of Taxes (PILOT)
An agreement between a municipality and an entity not subject to taxation, such as charitable or
educational organizations, in which the payer agrees to make a voluntary payment to the
municipality. By law, a city or town must make such payment to any other community in which it
owns land used for public purposes.
Proposition 2 ½
(Prop 2 ½)
M.G.L. c.59, §21C was enacted in 1980 and limits the amount of revenue a city or town may raise
from local property taxes each year. This amount is the community’s annual levy limit. The law
allows the levy limit to increase each year by 2.5% plus any new growth revenue derived from taxes
from new construction and alterations. This amount may not exceed the community’s levy ceiling.
Proposition 2 ½ also established two types of voter approved increases in local taxing authority –
overrides and exclusions.
Receipts
Reserved
Proceeds that are earmarked by law and placed in separate accounts for appropriation for
particular purposes. For example, parking meter proceeds may be appropriated to offset certain
expenses for parking meters and the regulation of parking and other traffic activities.
Reserve Fund An amount set aside annually within the budget of a city (not to exceed 3% of the tax levy for the
preceding year) or town (not to exceed 5% of the tax levy for the preceding year) to provide a
funding source for extraordinary or unforeseen expenditures. In a town, the Finance Committee
can authorize transfers from this fund for “extraordinary or unforeseen” expenditures. Other uses
of the fund require budgetary transfers by town meeting.
Revenue
Anticipation
Borrowing
Cities, towns and districts may issue temporary notes in anticipation of taxes (TAN’s) or other
revenue (RAN’s). The amount of this type of borrowing is limited to the total of the prior year’s tax
levy, the net amount collected in motor vehicle and trailer excise in the prior year and payments
made by the Commonwealth in lieu of taxes in the prior year. According to MGL Ch. 44 ss. 4, cities,
towns and districts may borrow for up to one year in anticipation of such revenue.
Revenue
Anticipation
Note (RAN)
A short-term loan issued to be paid off by revenues, such as tax collections and state aid. RANs are
full faith and credit obligations.
Revenue Bond A bond payable from and secured solely by specific revenues and thereby not a full faith and credit
obligation.
Revolving Fund Allows a community to raise revenues from a specific service and use those revenues without
appropriation to support the service. For departmental revolving funds, MGL Ch 44 ss. 52E ½
requires each revolving fund must be established by ordinance or charter and stipulates that each
fund must be re-authorized each year at annual town meeting action, and that a limit on the total
amount that may be spent form each fund must be established at that time. The aggregate of all
revolving funds may not exceed ten percent of the amount raised by taxation by the town in the
most recent fiscal year, and not more than one percent of the amount raised by taxation may be
administered by a single fund. Wages and salaries for full-time employees may be paid from the
revolving fund only if the fund is also charged for all associated fringe benefits. Revolving funds for
other programs as provided by statute are still allowed, and a departmental revolving fund may be
implemented in addition to or in conjunction with other existing statutory revolving funds, provided
that the departmental revolving fund does not conflict with provisions of other revolving funds.
Sale Of Cemetery
Lots Fund
A fund established to account for proceeds of the sale of cemetery lots. The proceeds may only be
appropriated to pay for the cost of the land, its care and improvement or the enlargement of the
cemetery under provisions of MGL Ch. 144 ss. 15.
Stabilization
Fund
A fund designed to accumulate amounts for capital and other future spending purposes, although
it may be appropriated for any lawful purpose. Communities may appropriate into this fund in any
year an amount and any interest shall be added to and become a part of the fund. A two-thirds
vote of town meeting is required to appropriate money from the Stabilization Fund.
State Aid
Anticipation
Note (SAAN)
A short-term loan issued in anticipation of a state grant or aid (MGL Ch. 44 ss. 6A).
State House
Notes
Debt instruments for cities, towns, counties and districts certified by the Director of Accounts.
State House Notes, payable annually, are usually limited to maturities of five years. The notes are
generally less costly and easier to issue than conventional issues for borrowing. They are commonly
used for temporary loans and smaller long-term issues.
Tax Rate The amount of property tax stated in terms of a unit of the municipal tax base; for example, $14.80
per $1,000 of assessed valuation of taxable real and personal property.
Tax Rate
Recapitulation
Sheet (Recap
Sheet)
A document submitted by a city or town to the Department of Revenue in order to set a property
tax rate. The recap sheet shows all estimated revenues and actual appropriations that affect the
property tax rate. The recap sheet should be submitted to the Department of Revenue by
September 1 (in order to issue the first-half semiannual property tax bills before October) or by
December 1 (in order to issue the third quarterly property tax bills before January 1).
Five Year
Valuation
Certification
The Commissioner of Revenue is required to review local assessments every five years and to certify
that they represent FFCV. The Bureau of Local Assessments is responsible for this process.
Trust Fund In general, a fund held for the specific purpose stipulated by a trust agreement. The Town Treasurer
acts as a custodian of trust funds and invests and expends such funds as stipulated by trust
agreements or as directed by the Commissioners of Trust Funds or by town meeting. Both principal
and interest may be used if the trust is established as an expendable trust. For non-expendable
trust funds, interest but not principal may be expended as directed.
Underride A vote by a community to permanently decrease the tax levy limit. As such, it is the exact opposite
of an override.
Unfunded
Pension Liability
Unfunded pension liability is the difference between the value assigned to the retirement benefits
already earned by a municipality’s employees and the assets the local retirement system will have
on hand to meet these obligations. The dollar value of the unfunded pension liability is driven by
assumptions about interest rates at which a retirement system’s assets will grow and the rate of
future costs of living increases to pensioners.
Uniform
Municipal
Accounting
System (UMAS)
The Department of Revenue regards UMAS as the professional standard for municipal account
system that conforms to Generally Accepted Accounting Principles modern municipal accounting
in Massachusetts. Among the benefits of conversion to UMAS is increased consistency in reporting
and record keeping and enhanced comparability of data among cities and towns.
Unreserved Fund
Balance
(Surplus Revenue
Account)
The amount by which cash, accounts receivable, and other assets exceed liabilities and restricted
reserves. It is akin to a “stockholders’ equity” account on a corporate balance sheet. It is not,
however, available for appropriation in full because a portion of the assets listed as “accounts
receivable” may be taxes receivable and uncollected.
Warrant An authorization for an action. For example, a town meeting warrant establishes the matters that
may be acted upon by that town meeting. A treasury warrant authorizes the treasurer to pay
specific bills. The assessors’ warrant authorizes the tax collector to collect taxes in the amount and
from the persons listed, respectively.
Water Surplus For water departments operating under MGL Ch. 41 ss. 69B, any revenues in excess of estimated
water receipts or unspent water appropriations closeout to a water surplus account. Water surplus
may be appropriated to fund water-related general and capital expenses or to reduce water rates.
Waterways
Improvement
Fund
An account into which fifty percent of the proceeds of the boat excise is deposited. Use of these
proceeds is limited to certain waterway expenses as outlined in MGL Ch. 40 ss. 5G.
Draft Appt Policy Cover Memo Oct 15
To: Peter Lombardi, Brewster Town Administrator
From: Mary Chaffee, Brewster Select Board
Date: Oct. 15, 2021
Subj: REVISION OF SELECT BOARD APPOINTMENT POLICY
I’m forwarding two draft Select Board appointment policies for the Select Board to
consider; these are intended to replace the current appointment policy (last revised in
2016).
PURPOSE OF REVISION
1. The Select Board appointment process is a significant responsibility, and the
appointment process should be clear to all parties involved. Brewster residents who
are appointed to committee roles provide valuable contributions to Town
government. The success of an individual’s appointment depends on matching a
person with appropriate background and skills to the role they are appointed to. The
current process offers opportunities for improvement.
2. Two draft Select Board appointment policies were developed, and are attached,
because the Select Board uses two distinct appointment mechanisms:
a. Select Board Appointments to Town Committees
b. Joint Select Board Appointments to Town Committees
POLICY PROBLEMS THE REVISIONS ARE INTENDED TO ADDRESS
1. Current Application is Insufficient to Match Applicants to Optimal Committee
Appointment. The current application does not gather sufficient information about
applicants for thoughtful consideration. For the Select Board to make optimal
appointments, it is essential for the Board to have the opportunity to more fully
evaluate the applicant’s experience, skills, and activities. The revised policies
include a more detailed application.
2. Current Application is Not Fillable. The application process should be as easy as
possible for the public. The current application form is not fillable online. The
proposed application can be completed online or can be printed and filled out if the
applicant prefers.
3. No Joint Appointment Policy Exists. The Select Board on occasion makes joint
appointments to certain vacancies but this process is not described in the current
policy. To be fully transparent it should be described to the public is aware of the
process used.
4. Ad hoc Appointments are Not Addressed in Current Policy. The Select Board
makes appointments to ad hoc, or temporary committee appointments, but this is not
mentioned in the current policy.
Draft Appt Policy Cover Memo Oct 15
5. Current Policy Has Undefined Eligibility Criteria. Eligibility requirement should be
clear so members of the public can determine their eligibility for appointment.
6. Lack of Uniformity in Current Process. The appointment process should be
implemented uniformly. The attached drafts propose a uniform process for sole
Select Board appointments that includes consultation between the Select Board
Liaison.
7. Minimal public notice before vote. Current policy provides little time for thorough
consideration by full Select Board after applicant’s name has been published.
ABOUT THE PROPOSED APPOINTMENT POLICY REVISIONS
1. Alignment with Charter and law. Revised policies are aligned with Charter
language and MGL Ch 41, sec 11.
2. Footnotes. Footnotes are included for information about sources; they are intended
to be removed in final version.
3. Staff Workload. A goal of the revised policies is to have clear areas of responsibility
to assist in the efficient implementation of this policy. Workload burden on Town staff
is a consideration.
4. Public Interviews. May be valuable especially in joint appointments however are
not mandatory for routine appointments.
PROPOSED PROCESS CHANGES
1. Focus: The draft policies focus on identifying best qualified applicants and matching
them to appropriate committee.
2. Eligibility. Eligibility changes from “Brewster resident” to “Brewster registered voter.”
It also specifies that non-Brewster voters may be eligible for appointment to certain
ad hoc or advisory committees that will be clearly specified by the Select Board.
3. Mandatory interview. Current policy indicates an interview with an applicant by the
Select Board Liaison is optional; revised policy requires an interview for Select
Board committee appointments.
4. Mandatory consultation. Revised policy requires consultation between Select
Board Liaison and Committee Chair in screening applicants.
5. Fillable. New application form can be printed and filled in by hand or is fillable
online.
Draft Appt Policy Cover Memo Oct 15
6. Two step notice/public action. The revised policies require that the application
materials of a recommended applicant be included in the Select Board packet for a
meeting prior to the one where the Board will consider the appointment.
7. Select Board Liaison Recommendation. The proposed Select Board policy
proposes the use of a “Select Board Committee Application Screening Form” to be
used by the Select Board Liaison to the committee with the vacancy. The Liaison
would document screening activities completed and note their recommendation
about an applicant. The form would be returned to Town Administration by the
Liaison. For applicants recommended for appointment, the form will be included in
the Select Board public packet along with the application and any supporting
materials.
DRAFT Select Bd Appt Policy; version Oct. 15
1
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
BREWSTER SELECT BOARD POLICY #_____
SELECT BOARD APPOINTMENTS TO TOWN COMMITTEES
Date Adopted: _____
A. DEFINITIONS
1. Ad hoc committee: One formed for a limited time to address a specific need.
2. Advisory committee: Committees that act only in an advisory capacity to the
Select Board, e.g., the Bikeways and Human Services Committees.
3. Alternate member: Committee member appointed so they may sit on the
committee in the case of absence, inability to act or conflict of interest on the part
of a member or in the event of a vacancy (Town Charter 5-3-1).
4. Appointed committee: One where members are appointed rather than elected.
5. Committee: Any multi-member public body including boards and commissions.
6. Elected committee: One where members are elected by town voters.
7. Public body: All multi-member committees, boards and commissions authorized
under state law, town charter, or as appropriate, by the Select Board, to serve a
public purpose.
8. Regulatory committee: One with financial or regulatory authority granted by
state law and/or town charter; e.g., board of health, planning board, and school
committees.
9. Standing committee: A permanent committee.
B. PURPOSE
1. Appointing authority. The Select Board is the appointing authority for all non-
elected, multiple member committee positions. It appoints jointly with a second
public body for certain elected committee vacancies (covered by separate
policy). The Select Board may create and make appointments to ad hoc
committees as it deems necessary. The Town Moderator is the appointing
authority for certain committee positions not covered by this policy. (See
Appendix A)
2. Appointment process. This policy describes the process used by the Select
Board to appoint volunteers to Town committees, boards, and commissions
where members are not elected.
3. Resident involvement. The Town encourages resident involvement in decision-
making through participation on committees, and relies on qualified volunteers
playing active committee roles.
4. Appointment process goals. The members of a committee should be selected
so as to provide the strongest possible group for the handling of any task that
may arise within the province of the committee.1 The Select Board seeks to
1 Robert, HM, et al. Robert’s Rules of Order (11th ed.), Da Capo Press, 2011, p.497.
Office of:
Select Board and
Town Administrator
DRAFT Select Bd Appt Policy; version Oct. 15
2
appoint qualified Brewster residents who are broadly representative of the Town
and whose skill set matches a committee’s needs.2 The Select Board aims to
have balanced and diverse representation on committees wherever feasible.
5. Town employees and non-Brewster residents. Town of Brewster employees
may be appointed at the appointing authority’s discretion subject to Conflict of
Interest laws. Non-Brewster voters may be appointed to certain ad hoc and
advisory committees. The Select Board will explicitly identify opportunities for
non-Brewster voters to seek appointment to such committees.
C. SELECTION CRITERIA3
1. Applicant is registered to vote in Brewster.4
2. Successful applicants demonstrate:
a. Broad perspective and concern for Brewster’s welfare and progress.
b. Familiarity with Brewster’s issues, government processes, and plans
including Vision Plan.
c. Interest in duties and responsibilities of the committee, board, or
commission under consideration.
d. Willingness to devote time and effort toward the committee’s work.
e. Basic awareness and understanding of pertinent laws, bylaws, and
policies.
f. Relevant professional and/or personal experience/expertise
g. Effective teamwork and communication skills.
h. Commitment to carrying out the duties of the committee in the best
interest of the Town according to applicable law and regulations and not to
achieve a personal agenda.
3. Under the Town Charter, no person who has been recalled from an office or who
has resigned from office following the filing of a recall petition shall be appointed
to any Town office within 2 years after such recall or such resignation (Charter 2-
12-1-G).
D. REMOVAL BY SELECT BOARD FROM APPOINTED POSITION
1. Under the Town Charter, any person appointed to a multiple member board by
the Select Board may be removed by the Select Board following written notice
and the opportunity for a public hearing (Charter 5-1-1-B).
E. PROCESS FOR SELECT BOARD APPOINTMENTS TO NON-ELECTED
COMMITTEES (See flowchart that follows)
1. Advertising (Responsibility: Town Administration)
a. Vacancy notices are posted with guidance on how to apply.
2. Application Initial Review (Responsibility: Town Administration)
a. Applicant submits application and other materials to Town Administrator’s
office.
2 Kennebunk ME Committee Handbook
3 Items 2. (i) - (vi) are adapted from Cambridge policy and application
4 Many towns, like Chatham, require applicants to be registered voters. If so, no minimum age requirement needs to
be specified.
DRAFT Select Bd Appt Policy; version Oct. 15
3
b. Upon receipt, staff reviews application for completeness then forwards
application to Town Clerk.
3. Eligibility Confirmation (Responsibility: Town Clerk)
a. Town Clerk notes applicant’s voting status on “Committee Application
Screening and Action Form” and returns form to Town Administration who
then forwards application materials to Select Board Liaison.
4. Screening and Recommendation (Responsibility: Select Board Liaison)
a. Select Board Liaison assigned to the committee with a vacancy conducts
applicant screening then submits their recommendation to Town
Administration staff using “Select Board Committee Application Screening
Form” (See Appendix C). Screening activities include reviewing
application materials, interviewing applicant, and conferring with
committee chair.
5. Notice of Proposed Appointment (Meeting #1) (Responsibility: Town
Administration)
a. For applicants recommended for appointment by the Select Board Liaison,
the “Select Board Committee Application Screening Form” with the
Liaison’s recommendation and application materials are published in a
Select Board meeting packet at least one week prior to meeting when a
vote on appointment will be held.
6. Select Board Vote (Meeting #2) (Responsibility: Select Board)
a. Recommended appointment is placed on Select Board meeting agenda.
b. Select Board deliberates on recommended appointment and votes.
c. Majority vote results in decision on recommendation.
7. Notification of Decision (Responsibility: Town Administration)
a. Town Administration notifies applicant of Select Board decision:
i. If appointed, Town Administration notifies applicant of appointment
and directs appointee to be sworn in by Town Clerk before
participating in a public meeting. Appointment certification form is
forwarded by Town Administration to appointee and Town Clerk.
ii. If not appointed, Town Administration notifies applicant; other
vacancies may be considered and application can be kept on file.
F. APPOINTMENTS TO AD HOC COMMITTEES (Responsibility: Town Administration
and Select Board)
1. The Select Board may request the Town Administrator perform screening and
make recommendations to the Select Board for appointments to ad hoc
committees.
2. The same application form is used as with standing committee applications
and the same two meeting publication process will be used (though no Select
Board Liaison recommendation occurs).
3. For ad hoc committees, Town Administration will evaluate applications and
forward recommendations to the Select Board for deliberation and vote at a
public meeting.
DRAFT Select Bd Appt Policy; version Oct. 15
4
4. The Select Board will clearly identify opportunities that non-Brewster voters
are eligible to apply for.
G. RE-APPOINTMENT TO COMMITTEE (Responsibility: Town Administration and
Select Board)
1. Committee members whose terms are expiring should notify Town
Administration, by email or in writing, if they wish to be re-appointed no later
than 30 days before the end of their term.
2. For members wishing to be re-appointed, Town Administration will notify the
Select Board Liaison to the Committee and the Committee Chair.
3. Select Board Liaison will consult with Committee Chair and inform Town
Administration of recommendation for re-appointment.
4. If committee member is recommended for reappointment:
i. Meeting #1: Town Administration will publish member’s request for
reappointment and re-appointment recommendation by Select Board
Liaison in a Select Board packet at least one week prior to meeting
when vote on appointment will be held.
ii. Meeting #2: Recommendation for re-appoint will be placed on Select
Board meeting agenda, member’s request for reappointment and
Select Board Liaison recommendation for reappointment will be
published in Select Board meeting pack.
iii. Majority vote results in decision on recommendation.
5. If member does not wish to be re-appointed, vacancy will be added to Town-
maintained committee vacancy list.
H. APPOINTMENTS TO COMMITTEES COMPRISED OF OTHER COMMITTEE
MEMBERS (Responsibility: Town Administration and Select Board)
1. Certain Town Committees are formed of members representing other Town
committees and departments, e.g., the Water Quality Review Board and the
Brewster Affordable Housing Trust.
2. The Select Board makes appointments to these based on recommendation of
the contributing committee and/or applicable Town bylaws or charter
provisions.
Approved by the Brewster Select Board on:
___________________________ ___________________________
Cynthia Bingham, Chair David Whitney, Vice Chair
___________________________ ___________________________
Edward Chatelain, Clerk Mary Chaffee
___________________________
Kari Hoffmann
DRAFT Select Bd Appt Policy; version Oct. 15
5
FLOWCHART: SELECT BOARD APPOINTMENT PROCESS FOR NON-ELECTED
COMMITTEE VACANCIES
APPLICATION:Applicant submits application to TA Office.
APPLICATION INITIAL REVIEW:TA reviews application for completeness; forwards to Town Clerk.
ELIGIBILITY: Town Clerk confirms applicant’s voter status (unless exempt); returns application to Town Administration.
SELECT BOARD LIAISON ACTION:
Town Administration forwards application materials to Select Board Committee Liaison who:
o Evaluates application materials & interviews applicant.
o Confers with Committee Chair; Chair may interview applicant also.
o Checks at least one local reference if needed.
o Determines recommendation.
IF APPLICANT RECOMMENDED FOR APPOINTMENT
NOTIFICATION. Other vacancies
may be considered & application kept
on file.
NOTICE OF PROPOSED APPOINTMENT (MEETING #1)
Select Board Liaison submits Recommendation Summary to TA.
Recommendation Summary & application materials are included
in Select Board packet for review at least 1 week prior to vote.
NOTIFICATION: TA notifies applicant and Town Clerk
of appointment.
SWEARING IN Applicant sworn in by Town Clerk and
Committee service begins.
SELECT BOARD VOTE (MEETING #2)
Recommended appointment is placed on Select Board agenda.
Select Board votes; simple majority vote required to appoint.
ADVERTISING: Town Administration (TA) advertises committee vacancies.
IF APPLICANT NOT RECOMMENDED
APPLICANT IS APPOINTED APPLICANT NOT APPOINTED
NOTIFICATION. Other vacancies
may be considered & application
kept on file.
DRAFT Select Bd Appt Policy; version Oct. 15
6
Appendix A
Town of Brewster Committee Appointing Authorities
APPOINTING AUTHORITY RESPONSIBLE FOR APPOINTMENTS TO:
Select Board All multiple member non-elected committees*
Ad hoc committees*
Town Moderator vacancy
Town Constable vacancy
Old Kings Highway Historic District
Committee–1 seat (under charter)
Housing Authority –2 seats (state law)
Select Board and Second Board
with Joint Authority (see separate
policy)
Vacancies on elected public bodies:
Board of Health
Housing Authority
Brewster School Committee
Nauset Regional School Committee -
Brewster seats
Old Kings Highway Historic District
Committee
Planning Board
Recreation Committee
Town Moderator Finance Committee (all seats)
Audit Committee (1 seat)
Deputy Town Moderator
Cape Cod Technical High School Committee
Brewster representatives in accordance with
regional school district agreement
Finance Committee Audit Committee (2 seats)
*Appointments managed under this Select Board policy.
DRAFT Select Bd Appt Policy; version Oct. 15
7
Appendix B
Town of Brewster
SELECT BOARD COMMITTEE APPOINTMENT APPLICATION
APPLICANT DIRECTIONS:
Thank you for your interest in serving Brewster. The Town aims to match applicants
with committee service best aligned to your skills and interests as well as the
committee’s needs.
The Town may consider the information in this application, any supplemental
information, and any other publicly available information. An appointment to any
committee, board or commission is at the discretion of the Select Board.5
Please complete this form online, or on paper, and submit a résumé if desired to
Erika Mawn, Town Administrator’s Executive Assistant:
o Email: EMawn@Brewster-MA.gov
o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or
o In person: Town Administrator’s Office or drop-box outside Town Hall.
After your application materials are received, you’ll be contacted regarding next
steps.6 Vacancies will be filled by applicants deemed best qualified to serve in a
particular capacity.7 Submitting this form does not guarantee appointment.
______________________________________________________________________
1. Applicant name:
2. Address:
3. Phone Numbers: Home: Cell:
4. Email:
5. This is an application for: Full member status Alternate status
6. Are you a full-time Brewster resident? Yes No
7. Years you’ve lived in Brewster:
8. Are you registered to vote in Brewster?8 9 Yes No
9. Committees you are interested in serving on in order of preference:
a.
b.
c.
5 Culver City CA Committee application form
6 Natick application directions
7 Canton application
8 Canton application
9 Longmeadow application
DRAFT Select Bd Appt Policy; version Oct. 15
8
NOTE: You may attach a résumé or CV instead of completing items 10-14.10
10. EDUCATION. List schools attended, degrees/diplomas/certificates received,
and date of completion.
11. OCCUPATION: Active Retired Not currently working
12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of
employment for at least previous 3 years.
13. GOVERNMENT POSITIONS. List any Town of Brewster or other government
volunteer, elected, or appointed positions you now hold or have held.11
14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that
you belong to12 13 or have belonged to in the previous 5 years:14
a. Organizations and dates:
15. GOALS: Please explain why you’d like to serve on a particular committee.
16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or
interests you have that would assist you to serve effectively on the committee
you wish to serve on.15
17. TOWN EMPLOYMENT: Are you or any member of your immediate family
employed by or receiving financial consideration from the Town of
Brewster?16
18. CONFLICTS OF INTEREST. Do any of your activities or relationships present
the possibility or probability of a conflict of interest if you are appointed?17
(Does not automatically disqualify but may need to be disclosed)
10 Boston application
11 Haverhill, Canton applications
12 Longmeadow application
13 Westwood application
14 NOTE: Longmeadow and Westwood application also asks for all organizations the applicant’s immediate family
belong to.
15 Canton, Haverhill, Westwood applications
16 Westwood application
17 Longmeadow, Boston application for school committee
DRAFT Select Bd Appt Policy; version Oct. 15
9
19. ADVERSE CIRCUMSTANCES:Have there been, or are there now, any
circumstances and/or relationships which might reflect adversely on the
propriety of you serving as a member of any public body to which you might
be appointed?18 Yes No If yes, please explain:
20. LOCAL REFERENCES: Please provide the names and contact information for
two Brewster resident references:
a. Name:
Address:
Phone:
Email:
Relationship to you:
b. Name:
Address:
Phone:
Email:
Relationship to you:
21. CRIMINAL CONVICTIONS. Have you been convicted, as an adult, of any
misdemeanor or felony? Yes No If yes, please explain:
22. ADDITIONAL INFORMATION. Please add any additional information you’d like.
23. SIGNATURE. By signing below, you state that you understand and agree.
My completion of this form does not guarantee my appointment and my
application will be kept on file for two (2) years.
If appointed to a position, I will be considered a Municipal Employee under MGL
Ch. 268A and will be subject to:
Massachusetts Conflict of Interest Law, MGL Ch. 268A,
Massachusetts Financial Disclosure Law, MGL Ch. 268B,
Massachusetts Open Meeting Law, MGL Ch. 39, Section 23B,
Massachusetts Public Records Law, M.G.L. Ch.66,
Massachusetts Campaign Finance Law, MGL Ch. 55, and
Brewster Charter, when in force, and Town bylaws, and all other applicable
federal, state, and local laws or regulations.19 20
If appointed I must be sworn in by the Town Clerk before serving, and I will
complete State Conflict of Interest training after appointment.
When submitted, this form becomes a public document.
Signature: Date:
18 (1) Upper Merion Township, PA, Application for appointment to citizen board, commission, committee,
authority, task force and quasi-judicial board; (2) Culver City, CA application form; (3) City of Pasadena
biographical data for appointment to city advisory board.
19 Haverhill application
20 Northampton application
DRAFT Select Bd Appt Policy; version Oct. 15
10
Appendix C
SELECT BOARD COMMITTEE APPLICATION SCREENING FORM
Applicant Name Requested Committee
1. TOWN CLERK REVIEW
a. Applicant is a registered Brewster voter: 21 Yes No
b. Date confirmed
2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD
a. Select Board Liaison Applicant Interview:
i. Interviewer name (Select Board Liaison):
ii. Interview date:
b. Select Board Liaison Consultation with Committee Chair:
iii. Committee Chair name:
iv. Consultation date:
v. Did Committee Chair also interview applicant? Yes No
c. Was at least 1 Brewster reference contacted: Yes No N/A
d. Select Board Liaison Recommendation:
i. Recommend appointment.
ii. Recommend appointment to other committee that is a better fit for
applicant qualifications.
iii. Recommend holding application for future opening.
iv. Not recommended.
3. SELECT BOARD ACTION
a. At a Select Board meeting held , the Applicant was appointed to
for a term ending year term.
4. NOTIFICATION OF APPOINTEE AND TOWN CLERK
a. Date notification of appointment sent to appointee and Town Clerk:
21 Canton application
DRAFT Select Bd Appt Policy; version Oct. 15
11
Appendix D
1. Appointment Letter
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
[Date]
Dear ,
Thank you for applying for appointment on a Town of Brewster Committee. I’m pleased
to inform you that you were appointed to:
Your term will end:
[Term end date]
Please contact the Town Clerk to arrange your swearing in which must be done prior to
your participation in a committee meeting.
Colette Williams, Town Clerk
2198 Main St., Brewster, MA 02631
Phone: (508) 896-4506
Email: townclerk@brewster-ma.gov
Thank you for your willingness to serve our community.
Sincerely,
Peter Lombardi
Town Administrator
Office of:
Select Board and
Town Administrator
DRAFT Select Bd Appt Policy; version Oct. 15
12
2. Non-appointment Letter
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
[Date]
Dear [Applicant Name],
Thank you for applying for appointment on a Town of Brewster Committee. You were
not selected for this appointment, however we would like to retain your application.
We’d like to be able to consider you when a future committee vacancy opens that
interests you, and that your background and experience are a good fit for.
Volunteers make vital contributions to our community, and we appreciate your
willingness to serve. If you have any questions about committee openings, please
contact the Town Administrator’s Office or visit the Town website to review openings.
Phone: (508) 896-3701
Email: townclerk@brewster-ma.gov
Committee Openings: https://www.brewster-ma.gov/committee-openings
Sincerely,
Peter Lombardi
Town Administrator
Office of:
Select Board and
Town Administrator
Joint Bds Appt Policy; Draft Oct. 5
1
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
BREWSTER SELECT BOARD POLICY #_____
SELECT BOARD JOINT APPOINTMENTS TO TOWN COMMITTEES
Date Adopted: _____
A. DEFINITIONS
1. Committee: Any multi-member public body including boards and commissions.
2. Elected committee: A committee where members are elected by town voters.
3. Public body: All multi-member committees, boards and commissions authorized
under state law or town charter to serve a public purpose.
B. PURPOSE
1. This policy describes the process used, under MGL Ch 41, Sec. 11, to appoint
volunteers to vacancies on Town committees, boards and commissions where
members are elected.
2. The Select Board and the committee experiencing the vacancy make joint
appointments in these cases.
3. The Town encourages resident involvement in decision-making through
participation on committees, boards, and commissions, and relies on qualified
volunteers playing active committee roles.
4. The appointing authorities seek to appoint qualified Brewster residents who are
broadly representative of the Town and whose skill set matches a committee’s
needs.1 The Town aims to have balanced and diverse representation on
committees wherever feasible.
5. Town of Brewster employees may be appointed at the appointing authorities’
discretion subject to Conflict of Interest laws.
C. APPLICABILITY. This policy applies to vacancies on these public bodies:
1. Board of Health
2. Housing Authority
3. Brewster School Committee
4. Nauset Regional School Committee - Brewster seats
5. Old Kings Highway Historic District Committee
6. Planning Board
7. Recreation Committee
1 Kennebunk ME Committee Handbook
Office of:
Select Board and
Town Administrator
Joint Bds Appt Policy; Draft Oct. 5
2
D. SELECTION CRITERIA2
1. Applicant is registered to vote in Brewster.3
2. Successful applicants demonstrate:
a. Broad perspective and concern for Brewster’s welfare and progress.
b. Familiarity with Brewster’s issues, government processes, and plans
including Vision Plan.
c. Interest in duties and responsibilities of the committee, board, or
commission under consideration.
d. Willingness to devote time and effort toward the committee’s work.
e. Basic awareness and understanding of pertinent laws, bylaws, and
policies.
f. Relevant professional and/or personal experience/expertise
g. Effective teamwork and communication skills.
h. Commitment to carrying out the duties of the committee in the best
interest of the Town according to applicable law and regulations and not to
achieve a personal agenda.
3. Under the Town Charter, no person who has been recalled from an office or who
has resigned from office following the filing of a recall petition shall be appointed
to any Town office within 2 years after such recall or such resignation.
E. PROCESS FOR JOINT SELECT BOARD APPOINTMENTS TO VACANCIES ON
ELECTED PUBLIC BODIES (see flowchart that follows)
1. Advertising (Responsibility: Town Administration)
a. Vacancy notices are posted with guidance on how to apply.
2. Application Initial Review (Responsibility: Town Administration)
a. Applicant submits application and other materials to Town
Administrator’s office.
b. Upon receipt, staff reviews application for completeness then forwards
application to Town Clerk.
3. Eligibility Confirmation (Responsibility: Town Clerk)
a. Town Clerk notes applicant’s voting status on “Committee Screening
and Recommendation Form” and returns form to Town Administration
who then forwards application materials to Select Board Liaison.
4. Notice of Committee Appointment (Responsibility: Town Administration)
a. Applicant materials are published in the Select Board meeting packet
and the meeting packet of the committee with the vacancy at a
meeting at least one week prior to when the joint committee will vote
on appointment.
2 Items 2. (i) - (vi) are adapted from Cambridge policy and application
3 Many towns, like Chatham, require applicants to be registered voters. If so, no minimum age requirement needs to
be specified.
Joint Bds Appt Policy; Draft Oct. 5
3
5. Joint Deliberation and Vote (Responsibility: Select Board and Second
Public Body)
a. A joint meeting of the Select Board and the committee with the
vacancy is convened.
b. Appointment to vacancy is by majority vote of all officers entitled to
vote.
6. Notification (Responsibility: Town Administration)
a. Town Administration notifies applicant of Select Board decision:
i. If appointed, Town Administration notifies applicant of
appointment and directs appointee to be sworn in by Town
Clerk before participating in a public meeting. Appointment
certification form is forwarded by Town Administration to
appointee and Town Clerk.
ii. If not appointed, Town Administration notifies applicant; other
vacancies may be considered and application can be kept on
file.
Approved by the Brewster Select Board on:
___________________________ ___________________________
Cynthia Bingham, Chair David Whitney, Vice Chair
___________________________ ___________________________
Edward Chatelain, Clerk Mary Chaffee
___________________________
Kari Hoffmann
Joint Bds Appt Policy; Draft Oct. 5
4
FLOWCHART: SELECT BOARD JOINT APPOINTMENT PROCESS FOR ELECTED
COMMITTEE VACANCIES
APPLICATION:Applicants submit applications to TA Office.
APPLICATION INTAKE & INITIAL REVIEW:TA reviews applications for completeness; forwards to Town Clerk.
ELIGIBILITY CONFIRMATION: Town Clerk confirms applicant’s voter status and eligibility for appointment;
returns application to Town Administration.
ADVERTISING: Town Administration (TA) advertises committee vacancies.
APPLICABILITY: This process applies to appointments to vacancies on these public bodies
where the Select Board and the committee with a vacancy jointly vote to appoint:
Board of Health
Housing Authority
Brewster School Committee
Nauset Regional School Committee - Brewster seats
Old Kings Highway Historic District Committee
Planning Board
Recreation Committee
NOTICE OF PROPOSED APPOINTMENT (MEETING #1)
Application materials are included in Select Board meeting packet and meeting packet of committee
experiencing the vacancy at least one week prior to joint meeting deliberation and vote.
JOINT DELIBERATION AND VOTE (MEETING #2)
Select Board and committee experiencing the vacancy meet jointly to deliberate and vote.
Simple majority of all officers entitled to vote determines outcome.
NOTIFICATION: Applicant and Town Clerk are notified
of appointment.
SWEARING IN Applicant sworn in by Town Clerk and
Committee service begins.
APPLICANT IS APPOINTED APPLICANT NOT APPOINTED
NOTIFICATION. Other vacancies
may be considered & application
kept on file.
Joint Bds Appt Policy; Draft Oct. 5
5
Appendix A
Town of Brewster
COMMITTEE APPOINTMENT APPLICATION FOR JOINT APPOINTMENTS
APPLICANT DIRECTIONS:
Thank you for your interest in serving Brewster. The Town aims to match applicants
with committee service best aligned to your skills and interests as well as the
committee’s needs.
The Town may consider the information in this application, any supplemental
information, and any other publicly available information. An appointment to any
committee, board or commission is at the discretion of the appointing authority.4
Please complete this form online, or on paper, and submit a résumé if desired to
Erika Mawn, Town Administrator’s Executive Assistant:
o Email: EMawn@Brewster-MA.gov
o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or
o In person: Town Administrator’s Office or drop-box outside Town Hall.
After your application materials are received, you’ll be contacted regarding next
steps.5 Vacancies will be filled by applicants deemed best qualified to serve in a
particular capacity.6 Submitting this form does not guarantee appointment.
______________________________________________________________________
1. Applicant name:
2. Address:
3. Phone numbers: Home: Cell:
4. Email:
5. Are you a full-time Brewster resident? Yes No
6. Years you’ve lived in Brewster:
7. Are you registered to vote in Brewster?7 8 Yes No
8. Committee you’d like to be appointed to:9
4 Culver City CA Committee application form
5 Natick application directions
6 Canton application
7 Canton application
8 Longmeadow application
9 Do we want to use this for re-appointment also?
Joint Bds Appt Policy; Draft Oct. 5
6
NOTE: You may attach a résumé or CV instead of completing items 9-13.10
9. EDUCATION. List schools attended, degrees/diplomas/certificates received,
and date of completion.
10. OCCUPATION: Active Retired Not working at this time
11. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of
employment for at least previous 3 years.
12. GOVERNMENT POSITIONS. List any Town of Brewster or other government
volunteer, elected, or appointed positions you now hold or have held.11
13. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that
you belong12 13 to or have belonged to in the previous 3 years:14
a. Organizations and dates:
14. GOALS: Please explain why you’d like to serve on a particular committee,
board or commission.
15. EXPERIENCE & SKILLS: Please list any experiences, achievements, skills, or
interests you have that would assist you to serve effectively on the committee
you wish to serve on.15
16. TOWN EMPLOYMENT: Are you or any member of your immediate family
employed by or receiving financial consideration from the Town of
Brewster?16
17. CONFLICTS OF INTEREST. Do any of your activities or relationships present
the possibility or probability of a conflict of interest if you are appointed?17
(Does not automatically disqualify but may need to be disclosed)
10 Boston application
11 Haverhill, Canton applications
12 Longmeadow application
13 Westwood application
14 NOTE: Longmeadow and Westwood application also asks for all organizations the applicant’s immediate family
belong to.
15 Canton, Haverhill, Westwood applications
16 Westwood application
17 Longmeadow, Boston application for school committee
Joint Bds Appt Policy; Draft Oct. 5
7
18. ADVERSE CIRCUMSTANCES:Have there been, or are there now, any
circumstances and/or relationships which might reflect adversely on the
propriety of you serving as a member of any public body to which you might
be appointed?18 Yes No If yes, please explain:
19. LOCAL REFERENCES: Please provide the names and contact information for
two Brewster resident references:
a. Name:
Address:
Phone:
Email:
Relationship to you:
b. Name:
Address:
Phone:
Email:
Relationship to you:
20. CRIMINAL CONVICTIONS. Have you been convicted, as an adult, of any
misdemeanor or felony? Yes No If yes, please explain:
21. ADDITIONAL INFORMATION. Please add any additional information you’d like.
22. SIGNATURE. By signing below, you state that you understand and agree.
My completion of this form does not guarantee my appointment and my application
will be kept on file for two (2) years.
If appointed to a position, I will be considered a Municipal Employee under MGL Ch.
268A and will be subject to:
Massachusetts Conflict of Interest Law, MGL Ch. 268A,
Massachusetts Financial Disclosure Law, MGL Ch. 268B,
Massachusetts Open Meeting Law, MGL Ch. 39, Section 23B,
Massachusetts Public Records Law, M.G.L. Ch.66,
Massachusetts Campaign Finance Law, MGL Ch. 55, and
Brewster Charter, when in force, and Town bylaws, and all other applicable
federal, state, and local laws or regulations.19 20
If appointed I must be sworn in by the Town Clerk before serving, and I will complete
State Conflict of Interest training after appointment.
When submitted, this form becomes a public document.
Signature: Date:
18 (1) Upper Merion Township, PA, Application for appointment to citizen board, commission, committee,
authority, task force and quasi-judicial board; (2) Culver City, CA application form; (3) City of Pasadena
biographical data for appointment to city advisory board.
19 Haverhill application
20 Northampton application
Joint Bds Appt Policy; Draft Oct. 5
8
Appendix B
JOINT COMMITTEE APPLICATION SCREENING AND ACTION FORM
Applicant Name Committee Vacancy
1. TOWN CLERK REVIEW
a. Applicant is a registered Brewster voter: 21 Yes No
b. Identification of Appointing Authority: Select Board and
2. JOINT APPOINTING AUTHORITY ACTION
a. At a joint meeting of the Select Board and the (committee with vacancy)
held , the Applicant was:
i. Appointed to a term ending year term.
ii. Not appointed
3. NOTIFICATION OF APPOINTEE AND TOWN CLERK
a. Date notification of appointment sent to appointee and Town Clerk:
21 Canton application
Joint Bds Appt Policy; Draft Oct. 5
9
Appendix C
1. Appointment Letter
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
[Date]
Dear [Applicant Name],
Thank you for applying for appointment on a Town of Brewster Committee. I’m pleased
to inform you that you were appointed to:
[Name of Committee]
Your term will end:
[Term end date]
Please contact the Town Clerk to arrange your swearing in which must be done prior to
your participation in your first committee meeting.
Colette Williams, Town Clerk
2198 Main St., Brewster, MA 02631
Phone: (508) 896-4506
Email: townclerk@brewster-ma.gov
Thank you for your willingness to serve our community.
Sincerely,
Peter Lombardi
Town Administrator
Office of:
Select Board and
Town Administrator
Joint Bds Appt Policy; Draft Oct. 5
10
2. Non-appointment Letter
Town of Brewster
2198 Main Street
Brewster, MA 02631
www.brewster-ma.gov
Phone: (508) 896-3701
[Date]
Dear [Applicant Name],
Thank you for applying for appointment on a Town of Brewster Committee. You were
not selected for this appointment, however we would like to retain your application.
We’d like to be able to consider you when a future committee vacancy opens that
interests you and that your background and experience are a good fit for.
Volunteers make vital contributions to our community, and we appreciate your
willingness to serve. If you have any questions about committee openings, please
contact the Town Administrator’s Office:
Phone: (508) 896-3701
Email: townclerk@brewster-ma.gov
Committee Openings: https://www.brewster-ma.gov/committee-openings
Sincerely,
Peter Lombardi
Town Administrator
Office of:
Select Board and
Town Administrator
POLICY NO: 6
DATE ADOPTED:
AMENDED:
711/96
8/25/97
6/06/16
TOWN OF BREWSTER
BOARD OF SELECTMEN’S APPOINTMENT POLICY
A. PREAMBLE
The Brewster Board of Selectmen has the responsibility of appointing over 300 persons to over 44
boards and committees. As this is among the most important responsibilities of the Board, these
policies and procedures are intended to provide guidelines for all persons serving on town boards
and committees. The Board of Selectmen will make every effort to encourage participation and to
effectively communicate with these volunteer boards and committees which are a major component
of effective town government. In addition to these policies, all policies and procedures set forth
under the General Law of the Commonwealth of Massachusetts and the Town of Brewster shall be
applicable.
B. PURPOSE
These policies and procedures are intended to provide guidelines for all persons serving on town
boards and committees, as well as applicants to those boards and committees.
To establish the policy and related administrative procedures for proper evaluation and careful
selection of the best qualified applicants to serve on Town Boards, Committees, Commissions and
Study Groups appointed
by the Board of Selectmen.
C. RECRUITMENT
1. The Selectmen shall publish a guide which lists the purpose of all boards and
committees and provides a description of the respective qualifications, duties and responsibilities
for membership. This guide shall also include information on the length of terms and the procedure
for application.
2. An application form shall be available at the Selectmen's office and on line, which
can be filled out at any time to express interest in serving the Town. This file shall be updated
annually and shall be the primary point of reference from which to make appointments. All forms
shall be maintained for one (1) year from the date of submission.
(Reference Attachment No. 1)
3. To qualify for membership on a board or committee, a person must be a resident
taxpayer of the Town of Brewster.
D. APPOINTMENTS
1. Responsibility for Appointments
Each member of the Board of Selectmen shall be responsible for appointments to
the boards and committees for which he/she is the liaison from the Board. This
responsibility will be shared with the Town Administrator’s office.
The Town Administrator’s Office will:
(a) Seek out and solicit nominations for and applicants for appointment.
(b) Screen and conduct evaluation of applicants for appointment.
(c) Refer applicants and interested citizens to attend meetings and/or meet with
board or committee members to understand the functions of these boards
and committees.
(d) Update and recommend changes in the appointment process.
(e) Disseminate information regarding the appointment procedure
to all committees applicants and interested parties, as well as posting on the
Town’s web page.
2. Notification of Vacancy
(a) The committee chairs shall notify the Town Administrator’s Office
and their liaison from the Board of Selectmen of any anticipated
vacancy on his/her committee as soon as possible.
(b) The Town Administrator will prepare a news release, to appear in local
media and the Town web site, of vacancies and encourage candidates
to submit a written application to the Town Administrator’s
Office. Some vacancy notices may include a deadline for submission.
(c) Incumbents and alternates whose terms are due to expire and who desire
reappointment shall notify the Town Administrator’s office.
3. Screening of Applicants
(a) All applications will be received and reviewed by the Town
Administrators office. The Town Administrator’s office will do an
initial screening to confirm that applicants are Town residents and have
no disqualifying issues or unmet obligations to the Town.
(b) The applications will be forwarded to the appropriate member of the
Board of Selectmen for further review.
(c) If an opening arises on a committee where a member of the Board of
Selectmen feels that the entire Board should be involved in the
appointment process, the Board of Selectmen shall have the right to do
so.
(d) All applicants must be a resident of Brewster.
4. Interviews
(a) The Board member reviewing the applications may conduct phone
interviews with applicants to clarify items on their application.
(b) If a Board member wishes that multiple applicants be interviewed by the
entire Board, they shall make a motion to that effect under the Appointments
agenda item at a subsequent Board meeting. If the motion passes, the
interviews will be arranged for a later Board meeting.
(c) If one of the applicants is the incumbent or an alternate seeking
reappointment, recognition of past service on the committee will
automatically qualify him/her to be one of the applicants selected for an
interview.
5. Recommendation for Appointment
(a) The Board member reviewing applications will make a recommendation in
the form of a motion under the “Appointments” agenda item at a subsequent
Board meeting.
(b) The “Appointments” agenda item will list the boards and committees for
which appointments are being considered.
(c) All applications, except those disqualified by the Town Administrators
Office’s initial review, will be included in the meeting packet.
(d) Time will be given for public input before the Board votes on the
recommendation(s) for each board or committee on the agenda. The Chair
is expected to impose reasonable limits on public input.
(e) If a motion for an appointment fails, a subsequent motion may be made by
any member of the Board. If no motion passes, the Board member who made
the initial motion may prepare a different motion for a subsequent meeting
or may ask the Town Administrators’ office to advertise a new notice of
vacancy.
6. Notification of Appointment
(a) Upon appointment or reappointment to a Committee, Board, Commission
or Group, the appointee shall be issued an appointment certificate stating
the name of the committee to which appointed, date of appointment and
date of expiration. In addition, the appointee shall be given a copy of the
Conflict of Interest Legislation.
(b) Appointees must present themselves to the Town Clerk to be sworn in.
This must be done before the next committee meeting before the appointee
may participate as an active member.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
SERVE YOUR COMMUNITY
Office of:
Board of Selectmen
Town Administrator
The Town of Brewster needs citizens who are willing to give time in the service of their community.
The Talent Bank is organized as a means of compiling names of citizens willing to serve on
boards, committees and as resource people. T h e i n f o r m a t i o n i n this file is available for
use by the Selectmen, Town Moderator and Board and Committee Members and shall be kept for a
twelve (12) month period. Thank you for your willingness to participate in your town government.
Talent Bank files are periodically updated to include categories consistent with the changing
needs of the Town. Please complete this form and file it with the Town Administrator ’s Office at
Town Hall, 2198 Main Street, Brewster, MA 02631. This form and associated materials may be
e-mailed to: townadmin@brewster-ma.gov.
NAME TEL. _
ADDRESS
EMAIL
OCCUPATION
COMMITTEE(S) & BOARD(S) OF INTEREST (Please refer to the list posted on the Town of
Brewster's web page: www.town.brewster.ma.us)
Please attach a resume or brief history of work and/or volunteer activities that you believe
qualifies you for service on the committees and/or boards that you have identified above.
ATTACHMENT NO. 2
POLICY FOR APPOINTED BOARDS AND COMMITTEES
1. All new members should receive a description of the purpose and duties of the board
or committee.
2. All members should make every effort to attend all meetings as posted.
3. If a member is unable to attend a meeting, he or she should so advise the chairman
or the secretary of the committee.
4. All committees or boards should maintain an attendance record on all members.
5. Any committee or board member with three (3) unexcused absences will be terminated
from that board or committee.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town
Administrator
RE: Upcoming Meeting Schedule & Format for Town Committees
DATE: October 14, 2021
We are recommending that the Board continue the committee meeting format that was
adopted in June through the months of November and December. Since the Board
currently has one regular meeting scheduled in November as well as the November 15th
town meeting, it is advisable now to adopt the same format for the next two months
and re-visit the format in January. The State regulation allows for the continuance of
remote and hybrid meetings through April of 2022. The following are a list of committee
meeting provisions that we currently have in place.
In-person/hybrid meetings will be held in Room A. The screen and equipment for
another hybrid option has been delivered and we are just waiting for the vendor
to do the installation Room B.
In-person attendance will be limited to board/committee members and staff only
through December 31st. Attendance is limited to 6 people in order to allow for
social distancing.
Public attendance will continue to be through Zoom webinar through December
31st.
In-person attendees will not be required to wear masks but may choose to do so
in accordance with our mask advisory; rooms are equipped with air purifiers and
are cleaned between meetings
Committee members and/or staff can opt to participate remotely instead of in-
person.
Most Committees opted to remain virtual during the June to October timeframe. Some
Committees that were meeting hybrid such as Select Board and Brewster School
Committee switched back to virtual in September. The committees who are currently
meeting in the hybrid format are: Board of Health, Recreation Commission and Recycle
Commission. We have been able to effectively manage the committee schedule over the
last 5 months.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator & Donna Kalinick, Assistant Town
Administrator
RE: Upcoming Meeting Schedule & Format for Town Committees
DATE: September 13, 2021
We are recommending the approach to Town board and committee meetings that the
Board adopted in June continue through October:
In-person/hybrid meetings will be held in Room A. We are still working with our
vendor to get a second hybrid option installed in Room B.
In-person attendance will be limited to board/committee members and staff only
through October. Attendance is limited to 6 people in order to allow for social
distancing.
Public attendance will continue to be through Zoom webinar through October
In-person attendees will not be required to wear masks but may choose to do so
in accordance with our recent mask advisory; rooms are equipped with air
purifiers and are cleaned between meetings
Committee members and/or staff can opt to participate remotely instead of in-
person.
Most Committees opted to remain virtual during the June to September timeframe. The
committees who opted for the hybrid meeting format are: Select Board, Brewster
School Committee, Board of Health and Recycle Commission. Select Board and School
Committee recently went back to the virtual format.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Select Board
FROM: Peter Lombardi, Town Administrator
RE: Upcoming Meeting Schedule & Format for Town Committees
DATE: June 4, 2021
In light of changing state protocols, pending legislation, and currently available
technology, we are recommending the following approach to Town board and
committee meetings starting next month:
In-person/hybrid meetings can be held in Room A only in July and August
In-person/hybrid meetings are anticipated to begin in Room B as well starting in
September
In-person attendance will be limited to board/committee members and staff only
through September
Public attendance will continue to be through Zoom webinar through September
In-person attendees will not be required to wear masks but may choose to do
so; we do not currently plan on installing partitions between attendees; rooms
are equipped with air purifiers and will be cleaned between meetings
Committee members and/or staff can opt to participate remotely instead of in-
person; we anticipate that state legislation will waive in-person quorum
requirements
Initial limit of six (6) individuals attending in-person in Room A, subject to
change
Limits on in-person attendance in Room B (once available) will be based on
circumstances at that time
Due to scheduling conflicts, some committees may not be able to meet in-person
until September
Please see attached memo from Donna Kalinick for more details. I want to express my
appreciation to all of the volunteers who serve on our boards and committees for their
patience and flexibility over the past 15 months. We are hopeful that by early this fall
the state will have determined their policy position and adopted related legislation so
that we can develop a long-term plan for our boards and committee in a way that
maximizes the benefits of both remote and in-person participation.
Office of:
Select Board
Town Administrator
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Peter Lombardi, Town Administrator
FROM: Donna J. Kalinick, Assistant Town Administrator for Community
Development & Finance
RE: Committee Meetings, July-September 2021
In May, the Town working with BGTV, installed a ZOOM hybrid option in Room A,
anticipating a future need to hold hybrid meetings in the near term. Since then, the
State has lifted regulations and will end the State of Emergency as of June 15th,
suspending provisions that allow for remote meeting participation. We know now that
the State is working on a legislative fix through September 1st. Based on our discussion
with JP Ludwig and Suzanne Bryan, BGTV, the following recommendations are made for
committee meetings and scheduling for the months of July, August and September.
At this time, we can hold one Zoom hybrid in-person meeting and one Zoom fully
remote meeting. We will work to install a second hybrid option in Room B to be
completed by the end of August. At this time, demand for these installations and
services is very high. No public attendance of meetings will occur until at least October.
The following Committees will meet in Room A and have the Zoom hybrid in-person
meeting:
Select Board, Conservation Commission, Planning Board, Board of Health, Affordable
Housing Trust, Brewster School Committee, Natural Resources Advisory, Vision
Planning, CPC, Golf Commission and Recreation Commission
Due to scheduling conflicts, the following Committees will meet remotely:
ZBA, HDC, Housing Partnership, Cultural Council, Assessors, OKHD
**Finance Committee will have the option to meet the 1st and 3rd Wednesdays at 4pm
or they can meet remotely at 6pm
Office of:
Select Board
Town Administrator
The following committees who meet during the day have the option to go hybrid or
remain remote. Due to scheduling, this decision must be made up front for all three
months:
Bikeways, Water Commissioners, WQRC, Cemetery Commission, COA Board, Energy
Committee, Drummer Boy Park Advisory Committee, Historical Commission, Recycle
Commission
Due to the complexity of scheduling, making the rooms safe and ensuring continued
social distancing, the following guidelines will apply:
1-All in person hybrid meetings must end ½ hour prior to the next scheduled
meeting to allow for cleaning in-between
2-In person hybrid meetings will be limited to 6 total people. Committees and their
support town staff will have to determine how that will function for them.
3-Committees may not change their date or time without first talking to
administration who will coordinate changes with BGTV and the Town Clerk’s
office
May 28, 2021
Brewster Conservation Commission
2198 Main St
Brewster, MA 02631
Re: Continuation of Remote Meetings
Dear Commission Members:
The intent of this letter is to inform you that Coastal Engineering Co., Inc. (CEC) is in favor of, and
supports the continuation of remote Conservation hearings, despite the end of the COVID-19
restrictions.
Over the course of the past year, we at CEC have found that participating in remote hearings has been
extremely beneficial, not only for travel time savings, but also for consultants, clients and abutters who
may not have the opportunity to appear in-person.
We at CEC hope that you and the other members of the Commission approve the continuation of
remote meetings indefinitely.
Thank you for your time and consideration.
Respectfully,
COASTAL ENGINEERING CO., INC.
Carla A. Davis
cc: Noelle Aguiar, Conservation Administrator
Archive d: Friday, June 4, 2021 2:28:13 PM
From: McCarthy-Licorish, Lisa N (DPH)
Se nt: Tue, 25 May 2021 12:18:36
To: McCarthy-Licorish, Lisa N (DPH)
Subje ct: Governor Baker Files Legislation to Extend Certain CO VID-19 Emergency Measures
Se ns itivity: Normal
Pre ss Release : https://www.mass.gov/news/governor-bake r-files-l e gislation-to-e xte nd-certai n-covi d-19-emergency-measures
FOR IMMEDIATE RELEAS E:
\u8203 ?May 25, 2021
CONTACT
Governor's Pres s Office\u8203 ?
gov.press @mas s .gov
Governor Bake r File s Legislation to Extend Certain COVID-19
Emergency Measures\u8203 ?
BOSTON — Today, Governor C harlie Baker will file legis lation to extend certain
emergency meas ures currently in place via executive orders that are set to expire on
June 15 when the State of Emergency will be res cinded. Mos t res trictions, including
limitations placed on bus ines s es , will be res cinded effective May 29 as
Mas sachusetts nears the g oal of vaccinating four million res idents.
This legis lation propos es to extend meas ures providing for a temporary s uspens ion of
certain open meeting law requirements , s pecial permits for expanded outs ide dining
at restaurants, and billing protections for COVID-19 patients . When the State of
Emergency ends , thes e orders will expire, and temporarily extending these meas ures
will allow for time to trans ition. Extending thes e meas ures , which were instituted by
executive order, requires leg is lation.
To allow public bodies to s afely meet during the pandemic and ensure public acces s
to meetings, Governor Baker is s ued an Executive Order in March 2020 allowing thes e
bodies to meet quorum requirements even if meetings were held remotely through
electronic means as long as meas ures were taken to ens ure the public with electronic
access to the proceedings . The bill filed by Governor Baker today will extend thes e
provisions related to the C ommonwealth’s Open Meeting Law until September 1,
2021, which will allow additional time to cons ider pos s ible permanent changes to the
open meeting law to provide for g reater flexibility in conducting open meetings
through reliance on electronic s treaming and s imilar meas ures .
The bill will als o grant municipalities authority to extend s pecial permits for
res taurants offering outdoor dining is s ued under the State of Emergency through
November 29, 2021. Under an Executive Order is s ued in 2020, municipalities were
permitted to use an expedited proces s to approve temporary permits for new or
expanded outdoor dining and alcohol s ervice. Without a legis lative extension, s pecial
permits granted under the Governor’s Order will expire 60 days after the end of the
State of Emergency.
The legislation will als o extend a protection adopted in an executive order that
prohibits medical providers from billing patients who have received COVID-related
emergency and inpatient s ervices for charges in exces s of costs paid by their ins urers .
As filed, the protection would extend until January 1, 2022, at which time recently
pass ed federal legis lation that included protections for both emergency and non-
emergency cas es will become effective. Earlier this year, Governor Baker s ig ned
legislation es tablis hing s urpris e billing protections for patients for non-emergency
services.
“Mass achus etts is leading the nation in the vaccination effort and that prog res s is
enabling the Commonwealth to return to normal,” said Governor Charlie Baker.
“Thes e temporary meas ures will help bus ines s es and residents in this trans ition
period, and I look forward to working on thes e and other is sues in the week ahead
with our partners in the Leg is lature.”
Las t week, Governor Baker announced that on May 29, all indus tries will be permitted
to open.
With the exception of remaining face-covering requirements for masks in public and
private trans portation s ys tems , hos pitals and other facilities housing vulnerable
populations , all indus try res trictions will be lifted at that time, and capacity will
increase to 100% for all indus tries . The gathering limit will be res cinded.
Before June 15, the adminis tration plans to take additional s teps that will permit the
continuation of targeted public health meas ures beyond the end of the State of
Emergency, including the mas k requirements announced las t week.
###
FY22-23 Select Board Strategic Plan
DRAFT 10.06.21
Vision Building Block Goal # Goal Description Timeline Vision Plan FY21-22 SB Plan Primary Responsible Party Other Key Stakeholders
Cape Cod Sea Camps SC-1 Seek to acquire Sea Camps properties for public access and use, including property inspections and
all necessary coordination with legal counsel and relevant consultants
FY22 X Town Administration Select Board; Finance Team
SC-2 Complete building inventories and develop/implement short-term property management plan FY22 Town Administration Public Safety Team; Human Resources
SC-3 Develop charge and appoint Sea Camps Comprehensive Plan Advisory Committees FY22 Town Administration & Select
Board N/A
SC-4 Determine interim public access/use plans and implement as soon as possible FY22 X Town Administration & Select
Board
Sea Camps Comprehensive Plan Advisory
Committees & Staff Liaisons
SC-5 Develop Scope of Work for Comprehensive Plans (to include analyses of both Sea Camps parcels as
well as Town Hall, Council on Aging, Eddy School, Spruce Hill, and Robinson properties), engage the
services of an interdisciplinary team of professionals to assist the committees, and launch
community planning processes
FY22-23
X Town Administration & Select
Board
Sea Camps Comprehensive Plan Advisory
Committees & Staff Liaisons
SC-6 Continue to explore potential short- and long-term partnerships that may mitigate acquisition
costs or operating expenses and may provide enhanced services, programs, or amenities to
residents
FY22-23
X Town Administration & Select
Board
Sea Camps Comprehensive Plan Advisory
Committees & Staff Liaisons
Community Character CC-1 Develop 5-year Community Preservation Plan soliciting input from key stakeholders, consider
potential changes to fund allocation formula, and establish a framework for vetting regional
project funding requests FY22 X Community Preservation
Committee
Select Board; Finance Committee; Open
Space Committee; Affordable Housing Trust;
Historical Commission; Recreation
Commission
CC-2 Identify and examine potential local tax relief policy options
FY22-23 X X Tax Relief Working Group
Select Board; Finance Committee; Board of
Assessors; Brewster Association of Part-Time
Residents
CC-3 Provide education and training to Town officials and residents about issues of diversity, equity, and
inclusion FY22-23 X Town Administration & Select
Board
Affordable Housing Trust; All Citizens Access
Committee; Police Chief; Human Resources
Open Space OS-1 Seek adoption of Drummer Boy Park Master Plan, develop Management Plan, and implement both
(in phases) in coordination with Wing Island boardwalk project FY22-23 X X Town Administration
Select Board; Drummer Boy Park Advisory
Committee; Department of Natural
Resources; Recreation Department;
Department of Public Works
OS-2 Consider need for and structure of new Parks & Recreation Department responsible for
management of Drummer Boy Park, Sea Camps, and other existing recreational
amenities/programs
FY23 Town Administration
Select Board; Recreation Commission & Dept;
Natural Resources Commission & Dept;
Department of Public Works
Housing H-1 Identify Affordable Housing Trust operating/capital needs and develop funding plan FY22 X X Affordable Housing Trust &
Finance Team Select Board; Finance Committee
H-2 Complete Housing Production Plan
FY22 X X Housing Coordinator
Town Administration; Housing Partnership;
Affordable Housing Trust; Select Board;
Planning Board
H-3 Develop affordable housing off Millstone Road
FY22-23 X X Affordable Housing Trust
Select Board; Community Preservation
Committee; Town Administration; Housing
Coordinator
Local Economy LE-1 Launch electronic permitting platform FY22 X X Town Administration IT Director; Building Dept; Health Dept;
Planning Dept
LE-2 Host semi-annual roundtable with Town officials, Chamber of Commerce, and local business
community to build on increased outreach and communication developed during pandemic FY22 X Town Administration Select Board
Coastal Management CM-1 Complete design and permitting of Wing Island boardwalk FY22-23 X X Town Administration Natural Resources Commission & Dept
1
FY22-23 Select Board Strategic Plan
DRAFT 10.06.21
Vision Building Block Goal # Goal Description Timeline Vision Plan FY21-22 SB Plan Primary Responsible Party Other Key Stakeholders
Water Resources WR-1 Develop clear timeline/plan for moving water quality initiatives forward and evaluate Town
benefits of participating in Cape Cod and Islands Water Protection Fund FY22 X X Water Quality Working Group Select Board
WR-2 Develop and propose stormwater management bylaw (MS4 permit)FY22 X X Stormwater Working Group Planning Board; Select Board
Community Infrastructure CI-1 Complete Hazard Mitigation Plan
FY22 X X Town Administration
Planning Board & Dept; Dept of Public Works;
Natural Resources Dept; Water Dept; Fire
Dept; Health Dept; Water Dept; Building Dept
CI-2 Complete comprehensive assessment of Captains Golf operations, finances, and capital needs, and
determine feasibility of transitioning to enterprise fund FY22 X Finance Team Select Board; Golf Commission & Dept;
Finance Committee
CI-3 Complete School Consolidation Feasibility Study and work with key stakeholders to determine
appropriate next steps in coordination with Sea Camps Master Planning process FY22-23 X Nauset School Officials
Town Administration; Select Board; Sea
Camps Comprehensive Plan Advisory
Committees & Staff Liaisons
CI-4 Solicit resident feedback on Millstone Road project and develop Road Capital Prioritization Plan FY22-23 X X Town Administration & Dept of
Public Works Select Board; Capital Planning Committee
CI-5 Continue hydration station installation project FY22-23 Town Administration Select Board; Recycling Committee; Water
Commission & Dept; Facilities Manager
CI-6 Develop net zero energy roadmap FY23 Town Administration Energy Committee & Manager; Facilities
Manager
Governance G-1 Enhance school budget information and transparency by working diligently with the Nauset
Regional School Committee, new Nauset Regional School Administration, Brewster School
Committee, and Brewster Finance Committee FY22 X Select Board & Finance
Committee
Nauset Regional School Committee; Brewster
School Committee; Nauset School
Administration; Town Administration;
Finance Team
G-2 Launch new, more user friendly Town website FY22 X X Website Working Group Town Administration
G-3 Develop and adopt new Select Board Policy on Board/Committee Appointments FY22 Select Board Town Administration
G-4 Determine merits of making longer-term changes to traditional municipal service models, including
extent of continued expanded remote participation in committee meetings – applying lessons
learned from pandemic
FY22 X Town Administration Select Board; Dept Heads
G-5 Continue to implement Vision Plan and develop Local Comprehensive Plan
FY22-23 X X Vision Planning Committee
Planning Board; Town Planner; Select Board;
Town Administration; Affordable Housing
Trust; Open Space Committee
G-6 Develop and launch new operating and capital budget platform to improve accessibility and
transparency of Town finances FY22-23 X X Finance Team Select Board; Finance Committee
G-7 Support new Human Resource Department in: 1. Implementing findings from HR audit 2.
Continuing to monitor and support employee wellness 3. Creating programs to recognize Town
volunteers for their service to the community 4. Examining need to increase organizational
capacity in certain key areas to meet expanding service and project demands
FY22-23 X X Town Administration Select Board; Human Resources
G-8 Develop and implement comprehensive strategy regarding use of American Rescue Plan Act funds FY22-23 Town Administration Finance Team; Select Board
2
FY22-23 Select Board Strategic Plan
DRAFT 08.23.21
Vision Building Block Goal #Goal Description Higher Priority Timeline
Cape Cod Sea Camps SC-1 Seek to acquire Sea Camps properties for public access and use, including all necessary
coordination with legal counsel and other relevant consultants
FY22
SC-2 Complete property inspections and building inventories and implement short-term property
management plan
FY22
SC-3 Develop charge and appoint Master Plan Development Advisory Committee FY22
SC-4 Develop Master Plan scope of work (to include analyses of both Sea Camps parcels as well as
Town Hall, Council on Aging, Eddy School, Spruce Hill, and Robinson properties), hire consultant,
and launch community planning process
FY22-23
SC-5 Determine interim public access/use plans and implement as soon as possible FY22
SC-6 Continue to explore potential short- and long-term partnerships that may mitigate acquisition
costs or operating expenses and may provide enhanced services, programs, or amenities to
residents
FY22-23
Community Character CC-1 Develop 5-year Community Preservation Act Plan soliciting input from key stakeholders, consider
potential changes to fund allocation formula, and establish a framework for vetting regional
project funding requests
FY22
CC-2 Provide education and training to Town officials and residents about issues of diversity, equity,
and inclusion FY22-23
CC-3 Identify and examine potential local tax relief policy options FY22
CC-4 Identify next steps in updating and implementing Age-Friendly Community Action Plan across the
organization and community Ongoing
CC-5 Gather data and evaluate community childcare needs FY23
CC-6 Explore opportunities to develop partnerships between open space and housing Ongoing
Open Space OS-1 Seek adoption of Drummer Boy Park Master Plan, develop Management Plan, and implement
both (in phases) as appropriate in coordination with Wing Island boardwalk project FY22-23
OS-2 Consider need for and structure of new Parks & Recreation Department responsible for
management of Drummer Boy Park, Sea Camps, and other existing recreational
amenities/programs
FY22
OS-3 Continue strategic acquisition of open space Ongoing
1
FY22-23 Select Board Strategic Plan
DRAFT 08.23.21
Vision Building Block Goal #Goal Description Higher Priority Timeline
Housing H-1 Identify Affordable Housing Trust operating/capital needs and develop funding plan FY22
H-2 Complete Housing Production Plan FY22
H-3 Develop affordable housing off Millstone Road FY21-22
H-4 Draft and seek adoption of Accessory Dwelling Unit zoning bylaw update FY23
H-5 Seek Housing Choice designation FY23
Local Economy LE-1 Launch electronic permitting platform FY22
LE-2 Host semi-annual roundtable with Town officials and local business community to build on
increased outreach and communication developed during pandemic FY22
LE-3 Work with Chamber and other stakeholders to create Cultural District or similar coordinated local
arts and culture program FY23
Coastal Management CM-1 Consider merits of Cape Cod Commission model bylaw and potential implementation FY22
CM-2 Complete design and permitting of Wing Island boardwalk FY23
Water Resources WR-1 Develop clear timeline/plan for moving water quality initiatives forward and evaluate Town
benefits of participating in Cape Cod and Islands Water Quality Protection Fund FY22
WR-2 Develop and propose stormwater management bylaw (MS4 permit)FY22
WR-3 Continue to identify and construct strategic expansion of public water infrastructure Ongoing
Community Infrastructure CI-1 Complete School Consolidation Feasibility Study and work with key stakeholders to determine
appropriate next steps in coordination with Sea Camps Master Planning process FY22-23
CI-2 Confirm support for the Brewster Ladies Library renovation project and create a timeline with
project action steps FY22
CI-3 Complete comprehensive assessment of Captains Golf operations, finances, and capital needs,
and determine feasibility of transitioning to enterprise fund FY22
CI-4 Develop net zero energy roadmap FY23
CI-5 Complete Hazard Mitigation Plan FY22
CI-6 Solicit resident feedback on Millstone Road project and determine next steps FY22
CI-7 Develop Road Capital Prioritization Plan FY22-23
2
FY22-23 Select Board Strategic Plan
DRAFT 08.23.21
Vision Building Block Goal #Goal Description Higher Priority Timeline
Governance G-1 Develop and launch new operating and capital budget platform to improve accessibility and FY22-23
G-2 Launch new, more user friendly Town website FY22
G-3 Determine merits of making longer-term changes to traditional municipal service models –
applying lessons learned from pandemic FY22
G-4 Continue to implement Vision Plan and develop Local Comprehensive Plan FY22-23
G-5 Determine extent of continued expanded remote participation in committee meetings FY22
G-6 Support new Human Resource Department in: 1. Implementing findings from HR audit 2.
Continuing to monitor and support employee wellness 3. Creating programs to recognize Town
volunteers for their service to the community
FY22-23
G-7 Examine need to increase organizational capacity in certain key areas to meet expanding service
and project demands FY22-23
G-8 Enhance school budget information and transparency by working diligently with the Nauset
Regional School Committee, new Nauset Regional School Administration, Brewster School
Committee, and Brewster Finance Committee
FY22
G-9 Develop and adopt financial policy regarding allocation of future marijuana revenues FY23
G-10 Determine appropriate local short-term rental regulatory strategy FY22
G-11 Develop and implement comprehensive strategy regarding use of American Rescue Plan Act funds FY22-23
G-12 Establish more effective citizens petition process FY23
G-13 Develop and adopt new Select Board Policy on Board/Committee Appointments FY22
3
FY21-22 Select Board Strategic Plan
Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders
Community Character CC-1 Determine policy position on potential changes to Community Preservation Act fund allocation
formula X FY21 Community Preservation
Committee
Select Board; Finance Committee; Open Space
Committee; Affordable Housing Trust;
Historical Commission; Recreation
Commission
CC-2 Develop plan to identify/address issues of diversity and inclusion, including potential formation of
task force or advisory committee FY21 Select Board & Town
Administration
Affordable Housing Trust; All Citizens Access
Committee; Police Chief
CC-3 Engage stakeholders to determine policy position on residential exemption and other potential
local tax relief policy options FY21-22 X X Tax Relief Working Group
Select Board; Finance Committee; Board of
Assessors; Brewster Association of Part-Time
Residents
CC-4 Continue to implement Age-Friendly Community Action Plan and modify as needed FY21-22 X X Council on Aging Board & Dept Select Board; Town Administration
Open Space OS-1 Complete Drummer Boy Park Master Plan Update in coordination with proposed Wing Island
boardwalk project X FY21-22 X X Drummer Boy Park Advisory
Committee Select Board; Town Administration
OS-2 Develop and execute updated plan for Dog Park project (requires future discussion to determine
whether to include in Strategic Plan)??X X Dog Park Committee
Select Board; Town Administration; Friends of
Brewster Dog Park; Community Preservation
Committee
Housing H-1 Identify Affordable Housing Trust operating/capital needs, develop funding plan, and establish
permanent funding mechanism X FY21 X X Affordable Housing Trust &
Finance Team Select Board; Finance Committee
H-2 Establish housing rehabilitation program and long-term rental assistance program X FY21 X X Affordable Housing Trust Town Administration; Housing Coordinator
H-3 Develop affordable housing off Millstone Road
X FY21-22 X X Affordable Housing Trust
Select Board; Community Preservation
Committee; Town Administration; Housing
Coordinator
Local Economy LE-1 Complete and launch electronic permitting platform, and develop Guide to Doing Business in
Brewster to assist residents, contractors, and businesses in navigating local permitting processes FY21-22 X Town Administration IT Director; Building Dept; Health Dept;
Planning Dept
LE-2 Consider designating Underpass Road as District of Critical Planning Concern with Cape Cod
Commission FY22 X X Town Planner Planning Board; Select Board; Town
Administration
Coastal Management CM-1 Complete gap analysis of local land use regulations along the coastal bank and assess merits of
Cape Cod Commission model bylaw FY21 X Town Planner
Natural Resources Commission & Dept;
Planning Board; Conservation Commission;
Board of Health & Dept
CM-2 Support new Natural Resources Commission in implementing the Coastal Resource Management
Plan and other similar initiatives FY21-22 X Natural Resources Dept Select Board; Town Administration
CM-3 Work with MA Department of Conservation and Recreation on Rail Trail extension across Route 6A
down to Linnell Landing FY21-22 X X Town Administration
Natural Resources Dept; Dept of Public
Works; Legislative Delegation; Cape Cod
Commission
CM-4 Investigate feasibility of new aquaculture program off Wing Island and update related Department
of Natural Resources regulations as necessary FY22 X Natural Resources Dept Select Board; Town Administration
Water Resources WR-1 Develop clear timeline/plan for moving water quality initiatives forward and determine whether to
remain in Cape Cod and Islands Water Quality Protection Fund FY21 X X Water Quality Working Group Select Board
WR-2 Identify preferred approach(es) to best address nitrogen and phosphorus mitigation in
environmentally sensitive areas FY21-22 X X Water Quality Working Group Board of Health; Conservation Commission;
Brewster Ponds Coalition
WR-3 Develop and propose stormwater management bylaw (MS4 permit)FY21-22 X X Stormwater Working Group Planning Board; Select Board
WR-4 Evaluate vulnerable Water Department utility infrastructure, determine possible
improvements/modifications, and implement as possible/applicable FY22 X Water Dept Town Administration
1
FY21-22 Select Board Strategic Plan
Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders
Governance G-1 Present the annual budget in an easily accessible format and provide detailed review of Town's
financial status on regular basis X FY21 X X Finance Team Select Board; Finance Committee
G-2 Complete design/launch of new, more user friendly Town website and optimize BGTV’s potential as
communication tool X FY21 X X Website Working Group Town Administration
G-3 Adopt financial policies that are in accordance with 2019 MA Department of Revenue report and
best practices, and implement short- and medium-term recommendations of DOR report as
applicable
X FY21-22 X Finance Team Select Board; Finance Committee
G-4 Continue to implement Vision Plan and develop Local Comprehensive Plan that addresses the
following key policy issues: 1. Develop a high-level growth policy 2. Identify and evaluate policies /
zoning bylaws that recognize and take advantage of potential synergies between affordable
housing development and open space preservation 3. Perform a comprehensive review of zoning
bylaws, with particular attention to ones that support more housing choice
X FY21-22 X X Vision Planning Committee
Planning Board; Town Planner; Select Board;
Affordable Housing Trust; Open Space
Committee
G-5 Update Select Board Policy on Board and Committee meetings to improve transparency and
provide better access to information FY21 X X Town Administration Select Board; IT Director; BGTV
G-6 Identify funding to support creation of new Human Resource Department to focus on the following
key initiatives: 1. Implement findings from HR audit 2. Develop succession plans for key staff
positions 3. Complete compensation and classification study and related staffing analysis of all
union and non-union Town personnel, and implement recommended changes 4. Foster a culture
that views residents as customers and Town services as the product - be proactive, transparent,
and engaged
FY21-22 X Town Administration Select Board
G-7 Develop and seek adoption of Town Charter and associated bylaw changes FY21-22 X Charter Committee Select Board; Town Counsel;
Boards/Committees & Town Depts
G-8 Foster stronger relationships with Nauset School District officials, especially regarding finances
FY21-22 Town Administration
Select Board; Finance Committee; Nauset
Regional School Committee; Brewster School
Committee; Nauset School Administration
G-9 Actively recruit residents to fill vacancies and provide training/ guidance to volunteers serving on
Town Boards and Committees FY21-22 X X Select Board & Town
Administration Town Counsel
G-10 Determine merits of making longer-term changes to traditional municipal service models – applying
lessons learned from pandemic response FY21-22 Town Administration Select Board; Dept Heads
2
FY21-22 Select Board Strategic Plan
Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders
Community Infrastructure CI-1 Complete School Consolidation and Community Center Feasibility Studies via a transparent and
engaging public process and work with key stakeholders to determine appropriate next steps X FY21-22 X X
Community Center Planning
Committee; Nauset School
Officials
Council on Aging & Dept; Recreation
Commission & Dept; Brewster Elementary
Schools; Local/Regional Social Service
Agencies (Veterans, etc)
CI-2 Determine support for the Brewster Ladies Library renovation project
FY21 Select Board
Brewster Ladies Library Association Board and
Dept; Town Administration; Capital Planning
Committee; Finance Committee
CI-3 Complete comprehensive assessment of Captains Golf operations, finances, and capital needs, and
determine feasibility of transitioning to enterprise fund FY21-22 Golf Dept & Finance Team Golf Commission; Select Board; Finance
Committee
CI-4 Implement 5 Year Green Community Energy Reduction Plan, manage ongoing solar projects with
assistance from new Energy Manager, and reduce greenhouse emissions whenever possible FY21-22 Town Administration Select Board; Energy Committee; Facilities
Manager
CI-5 Complete Hazard Mitigation Plan and seek to implement Municipal Vulnerability Preparedness
projects that support climate change adaptation FY21-22 X Town Planner & Town
Administration
Dept of Public Works; Natural Resources
Dept; Water Dept; Fire Dept
CI-6 Continue to invest in road infrastructure in the following key areas: 1. Complete design and
construction of Millstone Road 2. Develop Complete Streets Prioritization Plan and seek project
grant funding 3. Complete update to Pavement Management Plan 4. Develop comprehensive Road
Capital Plan & consider merits of seeking 2nd major road bond
FY21-22 X X Town Administration & Dept of
Public Works Select Board; Capital Planning Committee
Pandemic Response &
Recovery
PR-1 Continue to deliver essential services to residents while reducing risk of coronavirus transmission in
all municipal activities, properties, and facilities X FY21-22 Town Administration Select Board; Town Depts
PR-2 Communicate effectively with the public, town employees/volunteers, business community, and
visitors about town policies/actions related to the pandemic X FY21-22 Town Administration & Health
Dept Select Board; Town Depts
PR-3 Encourage and facilitate voting by mail for upcoming elections, and implement pandemic safety
measures for in-person voting at elections and Town Meeting FY21 Town Administration & Town
Clerk Town Depts
PR-4 Determine and implement best approach to Board/Committee meetings FY21 Select Board & Town
Administration BGTV; Facilities Manager
PR-5 Communicate and coordinate local response/recovery efforts with regional partners FY21-22 Town Administration Select Board
PR-6 Continue to monitor and support employee wellness FY21-22 Town Administration Select Board; Dept Heads
3
Town of Brewster Vision Plan • 2018
2 TOWN OF BREWSTER VISION PLAN • 2018
Introduction
Purpose: The Brewster Vision Plan expresses the community’s preferences
for how it intends to evolve socially, physically, and economically. As
such, the Plan will guide town decisions and serve as a framework for
other future plans, such as a comprehensive plan.
OVERVIEW OF THE PROCESS
The Vision Plan results from a series of activities designed to bring
out community values, identify the key issues confronting Brewster
now and into the future, and build consensus around priority
actions to achieve the goals set by the process. The planning
process included four principal steps:
1. Community workshops in June 2017 in which participants indicated
what they value about Brewster, the challenges and opportunities
facing the community, and their vision for the future. From this, the
Brewster Vision Advisory Group (BVAG) was able to identify the key
issues facing the town – the building blocks for the future vision with
goals for each of the building blocks.
2. Community workshops in October 2017 in which participants
identified actions to achieve the goals under each of the building
blocks. From this, the BVAG drew up a list of actions for which there was
the greatest amount of public support.
3. A public survey in February 2018 in which participants were asked
to indicate how important they felt each of the actions was in achiev-
ing the goals for the building blocks.
4. Community workshops in May 2018 in which participants identified
how the community and Town government could most effectively
implement the Vision Plan.
THE RESULTS
From this process of public engagement, the Vision Plan is constructed
on eight building blocks: community character, open space, housing,
local economy, coastal management, water resources, governance, and
community infrastructure. The survey results confirmed the consensus
on the importance of these issues and the actions which are proposed
under each of the building block goals. At the same time each of the
building blocks cannot be treated as a separate, stove-pipe issue and
actions. They are indeed interrelated: action on one will help advance
the goals of other building blocks.
THANKS
The development of this plan was the result of the active participation,
thinking, and efforts of many people. We would like to thank the
hundreds of people who participated in community workshops and
the 1,275 people who took the survey. We would like to thank the
facilitators and recorders whose skills made the workshops succeed.
Thanks to Tonna-Marie Surgeon-Rogers without whom the survey
would not have been possible. Thanks to the Brewster Planning
Department whose support was critical to the fruitful outcome of each
step. And lastly, thanks to Cheryl Doble of Tisbury who guided us
through the planning process.
The Brewster Vision Advisory Group
TOWN OF BREWSTER VISION PLAN • 2018 3
Brewster’s Vision
Brewster is a welcoming and inclusive community
that celebrates its diversity and special character.
We preserve our historical setting and seek to
protect its contribution to our town’s character.
We work to preserve the rural, small town feel
of Brewster created by low density development
and open space, which contributes to protecting
water resources and providing scenic areas for
recreation and contemplation. In the context
of coastal change, we protect our bayside
coastline, which defines our sense of place
and provides special recreational and economic
opportunities.
We honor our history as a working community and
partner with Brewster businesses that support
residents and visitors by providing unique, high-
quality products, services, and experiences built on
our character and environment.
We support growth that is appropriately scaled
and sited. We seek to offer housing that is
affordable to residents of all ages and economic
standing.
We strive to provide the infrastructure necessary
to ensure that all citizens - particularly elders
and families with children - are safe, healthy and
supported, so they can work, learn, participate,
and give back to the community.
The methods and practices that we set in place
encourage and promote public discourse and
collaboration. We look to successful models in
other communities and organizations as
examples to manage and guide our approach
to change in our Town.
We are committed as we move forward, through
careful planning and coordination, to improve
our community and protect what we value
about Brewster.
Examples of stakeholders
Old King’s Highway Historic District, Historical Commission,
Brewster Historical Society
Building Department, Zoning Board of Appeals, Planning Department
and Planning Board
Chamber of Commerce
Cape Cod Museum of Natural History
Council on Aging, Friends of Brewster Elders, Churches
Brewster Ladies Library
Business and community group leaders (hospitality, arts, retail,
aqua and agriculture, Brewster Ponds Coalition, Coastal Committee)
Brewster Conservation Trust, Conservation Department
Recreation Department, School Department
Community Character
GOAL: Sustain and foster Brewster’s historic
setting, rural nature, small-town feel, and
socially inclusive spirit.
PURPOSE 1
Provide social opportunities and services for all
1.Provide a Community Center for all ages for social and recreational
activities and include meeting rooms.
2.Create social gathering activities (town suppers, meet and greet) for all
ages; expand recreational activities for all and communicate to all via town
website and social media.
3. Provide services and infrastructure for an “age friendly” community
including transportation especially for the elderly and those living alone.
PURPOSE 2
Maintain the Town’s historic heritage and style
1.Review, strengthen and enforce zoning for 6A to ensure historic
preservation and standards; define “appropriate development” with
input by all.
2. Create more opportunities (historic markers, walking trails,
Brewster history app) for current and new residents and tourists to
learn about the history of Brewster.
3. Explore ways to maintain and improve the appearance of properties
along Route 6A.
PURPOSE 3
Maintain the Town’s small-town feel and scale through appropriate
development
1.Create a "town center" including housing (for example, apartments
above businesses), businesses and recreational outdoor space.
2. Allow for the building of intergenerational co-housing that includes
social activities.
4 TOWN OF BREWSTER VISION PLAN • 2018
TOWN OF BREWSTER VISION PLAN • 2018 5
Water Resources
GOAL: Protect Brewster’s fresh water system to preserve high quality drinking
water and maintain or improve the health of our ponds and marine watersheds.
PURPOSE 1
Protect town wellfields by expanding
open space acquisition and other measures
1. Identify and purchase more open space in critical areas
around town wellfields and pursue other land preservation
actions, such as promoting conservation restrictions and tax
incentives for individual property owners and placing conser-
vation restriction protections on town-owned land such as the
golf course, to protect groundwater.
2. Develop and/or expand public education and outreach by the
town and by individual town boards and committees regarding
threats to drinking water supplies, such as hazardous materials,
contaminants of emerging concern”and other pollutants.
3. Pursue improvements to residential and industrial zon-
ing/regulations in Zone II areas that will strengthen groundwater
protection.
4. Examine and, where needed, improve coordination between
town committees on water quality protection issues and actions.
PURPOSE 2
Improve pond water quality through public education, regulation,
and mitigation activities
1. Encourage and promote a comprehensive public education program targeting
homeowners, schoolchildren and visitors. This pond protection program would
address issues such as fertilizer use, landscaping best practices, septic systems,
storm water management and contaminants of emerging concern.
2. Implement existing town stormwater management requirements and up-date
the stormwater management program to mandated standards to eliminate road
runoff to ponds.
3.Consider adopting more effective septic regulations around ponds. Explore fund-
ing options for individual property owners for more restrictive and costly regulatory
requirements for septic treatment/placement due to their proximity to ponds.
PURPOSE 3
Protect the water quality of the town’s marine watersheds
1.Expand requirements for advanced wastewater treatment systems for commer-
cial and residential development in sensitive marine watersheds; the town should
set an example by proactively upgrading all municipally-owned structures/proper-
ties to include advanced wastewater treatment systems.
2.Identify and preserve land within marine watersheds as well as protect/restore
beneficial coastal resource areas such as salt marshes in order to protect marine
water resources.
3.Study possible improvements to existing regulations, such as stormwater
regulations, and adopt and enforce stricter regulations on coastal development
that will help reduce impacts to marine water quality.
Examples of stakeholders
Water Department and Board of Health
Conservation Commission and Department of Natural Resources
Department of Public Works
Planning Department and Town Planner • Brewster Ponds Coalition
Pleasant Bay Alliance • Brewster Conservation Trust
Barnstable County Health Dept. and Cooperative Extension
Neighborhood Associations • Brewster Assoc. of Part Time Residents
Protect Our Cape Cod Aquifer
Open Space
GOAL: Maintain and expand open space assets
to provide public recreation, protect fragile
natural habitat, and protect water resources
PURPOSE 1
Improve public access to and expand the use of recreational
areas
1. Work in collaboration with the state’s Division of Conservation and
Recreation to develop better public access to state-owned beach property.
2.Look at existing town properties to create recreational opportunities
such as walking trails, bike paths and a dog park, and encourage
expanded utilization of Drummer Boy Park for recreational uses,
including the possible development of a walkway to Wing Island.
3. Pursue land acquisition opportunities for additional recreational areas.
PURPOSE 2
Prioritize environmentally sensitive areas for preservation
1.Use available mapping technology and town/outside collaborations
to identify and protect priority parcels in sensitive natural resource areas,
particularly in designated Zone II drinking water supply areas.
2. Ensure that existing funding continues and additional funding sources
are made available to acquire priority open space parcels.
3. Properly manage existing open space assets and ensure that adequate
funding is available to maintain their protection.
PURPOSE 3
Maintain open space through density and development standards
1. Utilize zoning and other regulatory options as alternatives to land
purchases in order to protect open space in environmentally sensitive
areas, including improved use of cluster development and natural
resource protection zoning.
2. Zone strategically to direct growth away from natural resource areas
while at the same time change zoning elsewhere to accommodate greater
density in areas where it is appropriate.
3. Build public awareness about regulatory (zoning) methods to protect
open space.
Examples of stakeholders
Open Space Committee • Department of Natural Resources
Brewster Conservation Trust • Conservation Commission
Cape Cod Commission • Compact of Cape Cod Conservation Trusts
Association to Preserve Cape Cod
Abutters/Neighboring Communities to Open Space (potential/existing)
Planning Department • Brewster Ponds Coalition
6 TOWN OF BREWSTER VISION PLAN • 2018
Housing
GOAL: Provide more affordable, safe, and accessible rental
and ownership housing options at different price points,
particularly for single people, young families, and our older
population. Achieve the state’s 10% affordable goal by 2025.
PURPOSE 1
Promote housing choices to allow families to
live, work, and prosper
1. Review current zoning with key emphasis on
Accessory Dwelling unit bylaw which would allow
an additional smaller unit to be built on an existing
home lot; consider multifamily zoning and housing
above existing businesses.
2.Review current housing stock and town owned
land, identify needs, promote existing programs and
create innovative new programs.
3. Create a Municipal Housing Trust which will
allow the Town to develop more flexible programs
such as Buy Down assistance for homeowners,
rental vouchers, rehabilitation and acquisition of
land for Town-led, friendly 40B affordable develop-
ment.
4. Research and develop creative public and private
sources of funding and partnerships for housing.
5. Educate the public about affordable housing
by holding educational forums and creating a
marketing/awareness campaign about the need for
affordable and community housing options.
PURPOSE 2
Provide opportunities to address the varied housing needs of Brewster’s aging population
1. Create more ways for seniors to age in place through zoning changes, tax incentives,
home sharing programs and elderly support services.
2. Develop more elderly housing options that are focused on inclusion, not isolation, and
that are near public transportation routes.
PURPOSE 3
Address the housing needs of the Town’s year-round and seasonal workforce
1. Develop relationships between businesses, homeowners and Town to identify and
locate rooms for seasonal workers in safe and well managed locations, preferably near
transportation centers. Review zoning that would allow more housing units to be built
above existing businesses.
2. Develop more year round work force affordable rental stock and affordable first time home-
ownership opportunities through, for example, smaller lot sizes and non-traditional housing designs.
Examples of stakeholders
Low/Middle Income Residents (Young Families, Older Fixed Income Families & Seasonal Workforce)
Brewster Housing Coordinator • Brewster Housing Trust • Housing Partnerships (Brewster & MA)
Brewster Housing Authority • Chambers of Commerce (Cape and Brewster)
Local Builders Associations, Contractors, MA Architects
Community Development Partnership • Housing Assistance Corporation • Lenders/Financing
TOWN OF BREWSTER VISION PLAN • 2018 7
Coastal Management
8 TOWN OF BREWSTER VISION PLAN • 2018
GOAL: In the context of coastal change, preserve
and protect Brewster‘s coastal resources and
expand public access
PURPOSE 1
Protect coastal resources in ways that preserve coastal ecosystems and
habitats and the character of the town and coastal neighborhoods
1.Develop a town-wide Coastal Resource Management Plan based on science
and best practices, with a focus on soft solutions, protecting habitat, and
managing stormwater run-off.
2.Consider best practices for minimally invasive infrastructure such as
boardwalks, parking set back from sensitive areas, and the use of permeable
materials for parking areas.
3. Implement the Brewster Coastal Adaptation Strategy for the Town’s public
beaches and landings, including engaging citizens before coming up with
specific plans.
PURPOSE 2
Maintain and expand public access for all through public consensus and
explore alternate modes of transport and access points
1.Explore alternate transport methods including shuttles or trolleys from
remote parking areas, and additional bike and walking paths.
2. Expand beach access to new areas such as Wing Island and the state beach
between Linnell and Crosby landings. Investigate purchasing or developing
agreements to use other areas.
PURPOSE 3
Adapt to climate change projections and advance
adaptation and resiliency techniques that are financially
and environmentally sustainable
1.Identify techniques such as living shorelines, nourishment
from dredged material, and land acquisition for retreat locations
to adapt to coastal change.
2. Provide outreach and education (signs, field trips, publica-
tions) to build awareness of citizens and decision makers about
the nature of coastal change.
Examples of stakeholders
Conservation Commission • Coastal Committee
Department of Natural Resources, Department of Public Works
Coastal property owners, Brewster Assoc. of Part-Time Residents
Town Planner, Planning Board
Police, Fire Departments
Business leaders, Chamber of Commerce, Aquaculture grant holders
Other Cape and coastal towns
State and Federal agencies: Environmental Protection Agency,
Department of Environmental Protection
Cape Cod Museum of Natural History
Local Economy
GOAL: Promote a sustainable economy
that builds on Brewster’s natural and
human assets, addresses the needs of
small businesses, and provides year-round
employment for Brewster’s young families.
PURPOSE 1
Build a “green” economy based on the Town’s natural beauty
and resources
1. Develop a brand and market Brewster as a green community.
2. Provide incentives for “green” businesses to locate and grow in
Brewster.
3. Sponsor/support outreach activities (forums, walks, festivals) that
celebrate the Town’s natural resources and green businesses.
PURPOSE 2
Foster small businesses compatible with the Town’s character
and promote year-round employment
1.Develop a community consensus regarding the types of businesses
and design standards that are appropriate for Brewster.
2. Modify zoning to make it less restrictive and to streamline the
permitting process, especially for small businesses, and revise the use
table to allow businesses, including home occupations that are
compatible with town character.
3. Modify zoning to encourage a small downtown area of mixed
uses that is walking- and biking-friendly.
4.Make the town more business-friendly by actions such as providing
a liaison in Town Hall, supporting a mentoring program, and creating
an innovation center for start-up businesses.
Examples of stakeholders
Town Planner, Planning Board, Housing Coordinator
Chambers of Commerce (Cape and Brewster)
Small and large business leaders
Old King’s Highway Historic District • Historical Commission
Department of Natural Resources
Conservation Department
Brewster Conservation Trust
Building Department, Zoning Board of Appeals, Health Department
Consumers
Select Board, Board of Health, Finance Committee
TOWN OF BREWSTER VISION PLAN • 2018 9
10 TOWN OF BREWSTER VISION PLAN • 2018
PURPOSE 2
Expand the volunteer base to increase the use of citizen
expertise and build diversity in decision-making
1.Create a volunteer clearinghouse to identify opportuni-
ties,reach newcomers and partner with diverse groups
like retirees and young people. Establish a volunteer
coordinator and/or a citizen advisory board. Survey available
skills and match to needs.
2. Create shorter term, more flexible, task force oppor-
tunities to use vital citizen expertise. Establish term limits
for boards and committees to encourage new ideas and
new committee members. Establish a regular (annual or
semi-annual) open house during which town departments
and boards can share what they do and what qualifica-
tions are needed to participate. Invite citizen involvement.
continued on page 11
Governance
GOAL: Create a more open and inclusive town government
that encourages participation by all citizens by improving
two-way communication, expanding volunteer opportunities,
and encouraging customer friendly service.
PURPOSE 1
Expand and improve communication to citizens about Town plans and activities
1. Improve the Town web site both to add more timely and complete content and
to make that content easily searchable and accessible.
2. Improve the town meeting process to reach a wider community audience
through, for example, changing the day of the week, the time of day, or the manner
in which citizens participate.
3. Expand Town email to a larger audience. Offer email sign-up more widely for
example at voter registration, the library, and the Council on Aging. Consider opt out
rather than opt in sign-up.
4.Strengthen and expand the Town’s social media presence. Use platforms that
reach younger citizens like Instagram.
5. Share more information on warrant articles prior to Town Meeting through
groups like Brewster Community Network, homeowner associations, special inter-
est groups and the Chamber of Commerce. Mail the warrant to every household.
6.Improve the working relationship between town government and citizens: expand
opportunities for governing bodies to hear citizens’ concerns, establish Select Board
open office hours and other opportunities for dialog, expand opportunities for input
from part-time residents, create a “What’s Happening in Town Hall”newsletter or similar
communication, and provide information in tax bills about how taxes are spent.
Governance
continued
PURPOSE 3
Strengthen the customer service approach to Town services
1.Create a welcome packet for new citizens and business owners
with complete and easy to follow instructions on how to get
things done.
2.Make customer service a priority by providing employee
training and assessing employee performance using customer
service as a criterion.
3.Establish an ombudsman and greeter in Town Hall to facilitate
citizen interaction with town departments and get things done
simply and quickly.
4.Consolidate and simplify the permitting processes for busi-
nesses and homeowners; create administrative approvals for simple
requests.
TOWN OF BREWSTER VISION PLAN • 2018 11
Examples of stakeholders
Select Board and Town Administration
Citizens and Town Meeting
Town Employees
Town Planner and Planning Board
Information Technology Department
Public Relations
Zoning Board of Appeals
Council on Aging
Schools and school organizations
Local Homeowners associations, clubs, groups and committees
12 TOWN OF BREWSTER VISION PLAN • 2018
Community Infrastructure
GOAL: Maintain and expand town infrastructure in ways that expand
opportunities for community interaction, support the development
of a “green” economy, expand recreation opportunities, and promote
public safety.
PURPOSE 3
Provide active recreation opportunities and
facilities including those for youth
1.Survey the community (all ages) to identify
desired activities and programming.
2. Inventory existing facilities and identify potential
locations for new facilities such as a community
pool, pickleball, volleyball and basketball courts.
3. Expand and promote existing and future active
recreational (seasonal and year-round) programs.
4.Research potential ways to provide transportation
to recreation areas.
PURPOSE 1
Create a community center to house activities and interaction for people of all ages
1. Form a committee to facilitate the process and hold public meetings for community input.
2. Conduct a feasibility/location study to identify the best location for a community center.
3. Repurpose an existing facility (such as Eddy School). Utilize neighboring town
experience (such as Harwich) as a model.
4. Develop uses and programming, with activities for all ages, for the proposed facility.
PURPOSE 2
Expand the bike and pedestrian trails and paths for recreation and transportation
throughout town
1. Develop a town wide plan that includes all existing trails and sidewalks, potential
areas for expansion, trail connections and links to key recreation areas, bay beaches and
west Brewster.
2.Identify areas of improvement for existing trails and sidewalks such as signage, safety,
and lighting and provide more bicycle safety information.
3.Make the town more bicycle/pedestrian friendly by providing information on the
trail system.
4.Review and modify existing policies and development guidelines to require (where
possible) sidewalks and bike lanes on new roads and re-pavement projects.
Examples of stakeholders
Planning Department, Planners, Architects
Building Department, Department of Public Works
Water Dept., Recreation Dept., School Dept.
Historical Commission
Cape Cod Regional Transit Authority
School Committee, parents and students
All Citizens Access Committee
Bikeways Committee, Bike Shops
Mass. Department of Conservation and Recreation
Brewster Ladies Library, Churches, Council on Aging
Taking Action Turning the Plan into action
The Vision Plan is intended to be a living document, guiding the near- and long-term decisions
on which our community’s future is built. Therefore, it is imperative that the goals guide
actions of Town government and community organizations and that the relevant stakeholders
play their part in implementing the actions presented in the Plan. Implementation will involve
figuring out the details and making the actions work in the context of town capacity, financial
and fiscal constraints, and the legal framework for town action. Overall, the Select Board,
Town Boards and Committees, and citizens through Town Meeting will oversee turning the Plan
into action. Implementation will be most effective if there is a true partnership between town
government and the community to assure that the goals laid out in the Plan are reached.
What the community can do to promote the implementation of the Vision Plan.
TOWN GOVERNMENT
Adopt the Vision Plan as a formal action of the Select Board
and assign responsibility for implementation.
Communicate the Vision Plan, including important milestones
and progress towards implementation through a variety of
traditional and innovative vehicles.
Make the Vision Plan a guide for policymaking and town decisions
budgeting, town warrant articles, town mission statement).
Engage Town department heads and town staff to take owner-
ship of the Vision Plan and integrate it into their daily work and
future plans; restructure and reorganize staffing as needed.
Create a Vision Implementation Committee to shepherd and
oversee implementation and to keep the Vision Plan in the
forefront of Town priorities, including ongoing stakeholder
involvement.
COMMUNITY ORGANIZATIONS
Embrace the Vision Plan, organize meetings and other communications
to build awareness and understanding about the Vision Plan.
Use the Vision Plan to guide organizational plans, take on Vision Plan
projects related to organizational mission for implementation or
collaboration with Town.
Help foster two-way communication with the Town, organize meetings
and other forms of communication to educate people about issues and
provide feedback.
CITIZENS
Work together to create a culture of engagement, talk with friends and
neighbors, make a difference.
Act, vote, attend meetings.
Get involved in a Vision Plan issue, volunteer.
TOWN OF BREWSTER VISION PLAN • 2018 13
A Publication of the Town of Brewster, Massachusetts
June 2018
Town of Brewster Vision Plan • 2018
BREWSTER’S
2018 VISION PLAN
How the Community’s
Vision for the Future
is Taking Shape
Prepared by the
Brewster Vision Planning Committee
June, 2021
INTRODUCTION
Brewster’s Vision Plan is the expression of community
preferences for the Town’s social, physical, and economic
evolution. Approved by the Select Board in July 2018, the
Plan provides a vision for the future and includes goals and
actions to guide decision making of Town government,
community organizations, and citizens. The Vision Planning
Committee was established by the Select Board in late
2019 to “foster public outreach and communication around
the implementation of the 2018 Vision Plan and work with
Town staff and the community to develop a Local
Comprehensive Plan (LCP) based on the Vision Plan goals.”
This is the first Annual Report to the community on Vision
Plan implementation.
THE VISION PLAN
Over 18 months in 2017 and 2018, Brewster residents
engaged in a series of workshops and a public survey to
identify key issues facing the community, goals for the future,
and actions to achieve the goals. These activities were
designed to identify community values and build consensus
around priorities.
Through this process, the community identified eight key
issues facing Brewster which became the ‘building blocks’
for the Vision Plan: community character, open space, hous-
ing, local economy, coastal management, water resources,
governance, and community infrastructure. For each of these
building blocks, the Plan identifies a goal with related purpos-
es and actions to achieve the purpose. In many cases,
actions on one building block will help advance the goals
of other building blocks.
This first Annual Report is structured around the building
blocks, reporting on actions that have been taken or are
underway to achieve Vision Plan goals. It draws on over 50
interviews with Town boards, committees, and depart-
ments and with not-for-profit
organizations and businesses in
town, all selected because of their
role in implementing elements of
the Vision Plan.
IMPLEMENTING THE VISION PLAN
Vision Plan implementation has faced challenges and change, including
a financial management crisis that forced the Town to freeze spending
and programming; a change in leadership with a new Town
Administrator and a new approach to strategy and operations; and
finally the effects of the COVID pandemic on every facet of community
life and Town operations.
Despite these conditions, there has been surprising progress in implementing
the Vision Plan. Those interviewed credit dedicated staff and volunteers, the
commitment and character of citizens, and the leadership of the Town
administration. The Select Board now uses the Vision Plan framework to
guide its two-year strategic planning. Many felt that the Vision Plan rein-
forces their charge and direction, a fortunate alignment of citizens’ priorities
with the direction of Town government and community organizations.
At the same time, the interviews revealed many barriers to implemen-
tation. Not surprisingly, a major barrier has been the COVID pandemic
which closed facilities, prevented face to face contacts, and slowed the
pace of operations. In addition, the current zoning and permitting
process are constraints to many of the innovative development ideas
expressed in the Vision Plan and to growing small, local businesses.
Others identified small staff and reliance on volunteers as a constraint on
their capacity to undertake new programs. Similarly, the lack of facilities
has constrained programming, particularly for youth and older residents.
Finally, the rising cost of land represents a serious brake on the acquisition
of land for housing and open space in Town.
NEXT STEPS
While this Report documents the many actions that have been taken or are
underway, much more remains to be done to achieve the goals in the
Vision Plan. Some actions have been started but need more time for
completion, others remain to be started, and still others require further
design to adapt to evolving conditions in Town, including climate change.
The community, and particularly Town government, will have to remain
focused on the Vision Plan goals if its real impact is to be achieved.
The Town is starting the development of a Local Comprehensive Plan (LCP)
following the guidelines of the Cape Cod Commission. The LCP will be built
on the framework of the Vision Plan, and it will further detail actions to
achieve those goals. Particularly related to Brewster’s physical development,
the LCP will provide guidance for regulatory change and further housing
and open space development. Once certified by the Cape Cod Commission,
the LCP also will provide access to resources and technical assistance
from the Commission. Work on the LCP will begin in the fall of 2021.
THE VISION PLANNING COMMITTEE
The Vision Planning Committee was appointed by the Select Board in
December 2019, but its start was delayed because of COVID. Current
members of the committee include Hal Minis (chair), Sharon Tennstedt
(vice chair), Amanda Bebrin, Andi Genser, Patricia Hess, Garran Peterson,
Fran Schofield, and Paul Wallace. Ryan Bennett, Town Planner, assists the
Committee. Previous members include Kari Hoffmann and Sue Searles.
Support is provided by the Planning Department.
COMMUNITY CHARACTER
Purpose 1: Provide social opportunities and services for all
• Town Meeting approved a feasibility study for a community center (need, site options,
programming), but start-up delayed by COVID.
• “Age friendliness” is part of decision making (Council of Aging-COA).
• Intergenerational lunches and ice cream socials have been held (COA).
• Farmers market was started as a community-wide event (Brewster Historical Society-BHS).
Purpose 2: Maintain the Town’s historic heritage and style
• Town Planning Board (PB) considers how proposals fit Brewster’s community character.
• Conservation properties with scenic value are managed for scenic vistas and rural character
(Brewster Conservation Trust-BCT).
• Trails have been expanded for varying population needs (BCT).
• Inn keepers maintain historic properties to contribute to Town character (Chamber of
Commerce-CoC).
• 300 houses were documented as “Historic Houses” to help homeowners preserve historic
structures (Brewster Historic Commission-BHC).
•BHC worked with Ocean Edge to save Nickerson House on the original Rte. 6A property.
• A display of historic East Brewster was mounted at the Brewster Ladies Library; articles
on historic Brewster have been published in the Cape Codder (BHC).
•Tours of Main Street historic houses, area farms and cemeteries were created (BHS).
• Virtual tours of historic properties were created for schools and the website (BHS).
Purpose 3: Maintain the Town’s small-town feel and scale through appropriate
development
• Town Meeting approved an accessory dwelling unit by-law, expanding housing opportunities
without impacting community character (PB).
WATER RESOURCES
Purpose 1: Protect Town wellfields by expanding open space acquisition
and other measures
• Between 2018-2020, 13 parcels totaling 113 acres within Zone II drinking water supply areas
have been protected (Open Space Committee-OSC & BCT).
• “Drink Brewster Tap” campaign was developed and hydrations stations installed at Town
offices and recreation facilities to decrease use of plastic bottles.
Purpose 2: Improve pond water quality through public education, regulation
and mitigation activities
• Weed harvesting was conducted at Walkers Pond (Brewster Ponds Coalition-BPC &
Department of Natural Resources-DNR).
• Sediment analysis was studied at Walkers Pond to better understand poor water quality (DNR).
• Permitting criteria was developed for rain gardens (Conservation Commission-CC).
• Upper Mill Pond was treated with allum (DNR).
• Brewster Ponds Overview was published (BPC).
Purpose 3: Protect water quality of marine watersheds
•Fertilizer use at Captains Golf Course was monitored and reduced to mitigate nitrogen
loading to Pleasant Bay.
• State DEP Watershed Permit was obtained for Pleasant Bay (Pleasant Bay Alliance-PBA,
Town Planner, & DNR).
• State Grant was obtained for alternatives analyses in the Pleasant Bay watershed management
plans for Orleans, Brewster, Harwich and Chatham (Pleasant Bay Alliance-PBA).
OPEN SPACE
Purpose 1: Improve public access to and expand the use of recreational areas
• Parking capacity at Crosby landing was expanded (Department of Public Works-DPW).
• CCRT extension to Linnell Landing is at final design; funding not yet identified (DNR).
• New public trails were opened at Bakers Pond and No Bottom Pond (DNR & BCT).
• A new version of the Guide to Brewster Walking Trails was distributed (DNR & BCT).
• Land purchases at Long Pond Woodlands and McGuerty Road offer future trail networks (Town).
• State Oliver/GIS system has been used to identify areas of high environmental sensitivity-
habitat and drinking water supply (Town & BCT).
• Update of the Drummer Boy Park Master Plan is underway (DNR).
•Update of the Open Space and Recreation Plan is underway (OSC & DNR).
• ‘Walking Wednesday’ series were started to familiarize people with Brewster trails (BCT).
• Eddy School classes use Vernal Pool trail for science study (Eddy School & BCT).
Purpose 2: Prioritize environmentally sensitive areas for preservation
• Between 2018-2020, 13 parcels totaling 113 acres within the drinking water supply areas
(Zone II) have been protected (Town & BCT).
•Areas of highest priority for natural resource protection (habitat and drinking water
supply) and housing have been mapped, with Brewster as a pilot community
(Association to Preserve Cape Cod-APCC & Housing Assistance Corporation-HAC).
• Funding partnerships for acquisitions have included Community Preservation Committee (CPC),
State grants, individual donations, foundations, and conservation tax credits (Town & BCT).
• Brewster Water Department (BWD) created funding within its tariff structure for land
protection in the drinking water supply areas.
•Identification of encroachments and redress actions on conservation lands has been increased
(Town & BCT).
• Trail marking, signage, and stewardship of conservation lands has been increased (DNR & BCT).
Purpose 3: Maintain open space through density and development standards
• Coastal Management Plan identifies need to reduce coastal threats through zoning and
other regulations.
• Application of Natural Resource Protection Bylaw made acquisition of Long Pond Woodlands
affordable for conservation.
HOUSING
Purpose 1: Promote Housing Choices to allow families to live, work, prosper.
• CPC funded Housing Coordinator position.
• Town Meeting adopted (2018) an Accessory Dwelling Unit (ADU) bylaw; 20 units (both ADU
and “in-law”) approved as of 2021.
• Municipal Affordable Housing Trust was established in 2018.
•Millstone Road housing development feasibility study is in progress.
• Home ownership buy-down assistance program was established in 2018; Rental & Home Repair
assistance program funding through CPC and HAC; $250,000 in short-term rental tax funds to
Housing Trust.
• Education forums for the public are on-going through BHP, CPC, HAC, CDP, AHT, and
include annual Housing Institute.
• CPC supported housing projects, including Paul Hush Way, Brewster Woods, Red Top Road,
Veteran’s Housing.
Purpose 2: Provide opportunities for an aging population
•Former Wingate property is being redeveloped as Serenity Brewster, with 131 units of
55+ Senior Housing and 20% deed restricted affordable, as a public/private partnership
(no public funds, but local guidance and permitting support).
Purpose 3: Address housing needs of year-round and seasonal workforce
• Ocean Edge workforce housing was developed as a public/private partnership.
COASTAL MANAGEMENT
Purpose 1: Protect Coastal Resources
• The Natural Resources Advisory Commission was formed in 2020 to implement Coastal
Resources Management Plan (SB).
• The Town partnered on a Cape Cod Commission and State EEA grant to develop a model
coastal resiliency bylaw (Town Planner).
• Partnerships with non-profits on coastal resiliency demonstration projects include Crosby
Landing culvert replacement (DNR & DPW); Pleasant Bay Watershed Permit for nitrogen
mitigation and watershed restoration (PBA, Town Planner, DNR, & Health Agent)
• Stormwater Management zoning bylaw, consistent with State MS4 permit requirements,
will be presented at Fall 2021Town Meeting (PB & Town Planner).
Purpose 2: Maintain and expand public access for all through public consen-
sus and explore alternative modes of transportation and access points
•CCRT extension to Linnell Landing is at final design; funding not yet identified (DNR & PB).
Purpose 3: Adapt to Climate Change
• Model Coastal Resiliency bylaw, including zoning amendments to minimize development
scale, is under development with assistance from the Cape Cod Commission (Town
Planner, PB, & CC).
• Town has obtained grant funds (MVP, Hazard Mitigation, Model Resiliency Bylaw, etc.)
to further climate adaptation efforts (TA, Town Planner, & DNR).
• NRAC has been tasked with viewing all actions through a Climate Change lens.
LOCAL ECONOMY
Purpose 1: Build a “green” economy based on the town’s natural beauty
and resources
• Brewster was designated a “Green Community” (Town).
• New Cultural Trail was introduced in April 2021 to highlight cultural amenities of
Brewster (CoC).
• Recycling has been actively promoted to all summer rentals (CoC).
• Brewster businesses, departments, non-profits and committees collaborated to promote
Brewster in Bloom, Conservation Day, Beach Clean-up and Brewster for the Holidays (CoC).
• Two solar panel arrays have been installed at the Captain’s Golf Course (Town & PB).
• Importance of the local marine economy, particularly the shellfish grants at Ellis and
Mant’s Landings, was communicated as part of the “Blue Economy” (Town & DNR).
Purpose 2: Foster small businesses compatible with the town’s character
and promote year-round employment
• “Small Business Saturday” was promoted with small businesses (CoC).
• Small businesses were supported to lengthen their season from early spring through
autumn (CoC).
•Town worked to help Ocean Edge stay open year-round (Town & Ocean Edge).
• Work was started on an on-line permitting platform to improve timeliness of issuance
and for a guide to “Doing Business in Brewster” (Town).
GOVERNANCE
Purpose 1: Expand and improve communication to citizens about Town
plans and activities.
• Town Meeting approved the Town Charter (SB, Town Administration-TA).
• A new user-friendly Town website was developed; rollout is expected soon. (TA, IT
Director, & COA Director).
• Announcements about Town affairs are now cross-posted on the Town website
through social media (TA, IT Director, & Channel 18).
•PBGTV and LCTV programming for older residents was increased (COA).
•A new “Citizens Forum” was added to many Town Committee’s standing meeting
agendas.
•Select Board’s improved communications policies include “Public Engagement Policy”
(2019), “Responding to Public Comment Policy” (2019), and “Rules of Order Policy” (2020).
• Town and CoC have enhanced communication with business owners and customer
service (TA & CoC).
Purpose 2: Expand the volunteer base to increase the use of citizen
expertise and build diversity in decision-making.
•COA Volunteer Coordinator program has been expanded (COA).
•“Serve Your Community” form is used for open volunteer positions (TA & Town Clerk).
•“Citizens Leadership Academy” is in planning stages (TA).
Purpose 3: Strengthen the customer service approach to Town services.
• Customer service training is provided to staff. The Town Administrator holds quarterly
meetings with staff; monthly meetings with Department Heads.
• Town Hall “Greeter” position was created during summer of 2019 (TA).
•E-permitting for building, health and planning departments is soon to launch.
(TA, IT Director, & Dept. Heads).
COMMUNITY INFRASTRUCTURE
Purpose 1: Create a community center to house activities and interaction
for people of all ages
• Town Meeting approved feasibility study for a community center (need, site options,
programming) but start up delayed by COVID.
• Town Meeting approved a feasibility study of school consolidation; Request for Proposals
has been issued for a consultant (TA).
Purpose 2: Expand bike and pedestrian trails and paths for recreation and
transport throughout town
•Complete Streets approach was adopted; public outreach to determine priorities will
start in Fall 2021 (SB).
•Re-paving of Rte. 137 between Rte. 6A and Rte. 124 was designed according to
Complete Streets guidelines [sidewalk, bike access] (DPW).
• Extension of the CC Rail Trail from Nickerson State Park to Linnell Landing is at 75%
design, but funding is not yet identified (DNR).
• Flashing lights were installed on CC Rail Trial crossings (DPW & Bikeways Committee-BC).
• Bike safety cards are being distributed at Town Information Center (CoC & BC).
• Bike safety information is provided on website and in Best of Brewster magazine (CoC).
•Mapping bike routes across town has started (BC & CoC).
• Brewster Bike Day was held with bike rodeo and bike education activities (BC &
Recreation Dept-RD).
• Resurfacing the gravel path between Stony Brook and Eddy Schools is under study
(DPW & BC).
• Outdoor Club at Eddy School held bike ride of the CC Rail Trail (RD).
Purpose 3: Provide active recreation opportunities and facilities, including
those for youth
• Eddy School gym has been used for senior activities (COA & RD).
• Town 5-Year Capital Plan includes expanded recreation facilities such as playground
and ADA access at Freeman’s Way ballfields (RD).
• Update of the Drummer Boy Master Plan is underway (DNR).
• RD uses were examined to determine summer camp and other programming needs.
ACTIONS BY BUILDING BLOCK
Thursday August 19, 2021
8:30 – 8:45 Opening Remarks & Overview
8:45 – 9:00 Pandemic
9:00 – 10:00 Community Infrastructure
10:00 – 11:15 Governance
11:15 – 12:00 Community Character
12:00 – 12:30 Lunch
12:30 – 1:00 Open Space
1:00 – 1:45 Housing
1:45 – 2:15 Local Economy
2:15 – 2:45 Coastal Management
2:45 – 3:15 Water Resources
3:15 – 3:30 Recap & Next Steps
2021 Brewster Select Board Annual Retreat
Development of FY22-23
Select Board Strategic Plan
Goals of Annual Retreat
Using last year’s (FY21-22) Strategic Plan as a starting point…
•Continue to coordinate all of our initiatives;
•Clearly identify consensus priority goals that are both
generally consistent with the Vision Plan and reasonably
attainable within the next two years;
•Communicate priorities to all stakeholders and use plan to
focus our collective efforts across the organization.
2021 Brewster Select Board Annual Retreat
Development of FY22-23
Select Board Strategic Plan
Our Process
•Solicit feedback from all boards and committees (through their respective Chairs) and all Department Heads regarding progress on FY21-22 priority goals and suggested changes/additions
•Reference recent Vision Planning Committee status report on implementation of Vision Plan (~100 action items completed in past 2+ years)
•Goals remain organized under the 8 Vision Plan Building Blocks
•Should last year’s pandemic block remain?
•How do we address ongoing initiatives?
2021 Brewster Select Board Annual Retreat
Recap of FY21-22
Select Board Strategic Plan
•41 consensus goals identified (3 more than FY20-21), including:
•12 higher priority goals (in bold)
•14 for FY21
•24 in FY21-22
•Remaining 3 for FY22
•23 similar goals carried over from previous plan
•17 new goals, including 7 related to the pandemic
•More than 2/3 are referenced in the Vision Plan (noted with asterisk*)
•Primary responsible parties and key stakeholders assigned to each goal
•Progress on each goal from last year’s plan is represented as:
•significant/complete in green
•sufficient/partially complete in orange
•insufficient/planned for FY22 in red
2021 Brewster Select Board Annual Retreat
Identifying Consensus Priorities
2021 Brewster Select Board Annual Retreat
Managing Expectations &
Organizational Capacity
2021 Brewster Select Board Annual Retreat
8:45 - 9:00 Pandemic
Status of FY21-22 Goals (1 of 2)
•Continue to deliver essential services to residents while reducing
risk of coronavirus transmission in all municipal activities,
properties, and facilities
•Communicate effectively with the public, town
employees/volunteers, business community, and visitors about
town policies/actions related to the pandemic
2021 Brewster Select Board Annual Retreat
8:45 – 9:00 Pandemic
Status of FY21-22 Goals (2 of 2)
•Encourage and facilitate voting by mail for upcoming elections, and
implement pandemic safety measures for in-person voting at
elections and Town Meeting
•Determine and implement best approach to Board/Committee
meetings
•Communicate and coordinate local response/recovery efforts with
regional partners
•Continue to monitor and support employee wellness
2021 Brewster Select Board Annual Retreat
9:00 – 10:00 Community Infrastructure
Status of FY21-22 Goals (1 of 2)
•Complete School Consolidation and Community Center Feasibility Studies via a transparent and engaging public process and work with key stakeholders to determine appropriate next steps*
•Determine support for the Brewster Ladies Library renovation project
•Complete comprehensive assessment of Captains Golf operations, finances, and capital needs, and determine feasibility of transitioning to enterprise fund
2021 Brewster Select Board Annual Retreat
9:00 – 10:00 Community Infrastructure
Status of FY21-22 Goals (2 of 2)
•Implement 5 Year Green Community Energy Reduction Plan, manage ongoing solar projects with assistance from new Energy Manager, and reduce greenhouse emissions whenever possible
•Complete Hazard Mitigation Plan and seek to implement Municipal Vulnerability Preparedness projects that support climate change adaptation*
•Continue to invest in road infrastructure in the following key areas: 1. Complete design and construction of Millstone Road 2. Develop Complete Streets Prioritization Plan and seek project grant funding 3. Complete update to Pavement Management Plan 4. Develop comprehensive Road Capital Plan & consider merits of seeking 2nd major road bond*
2021 Brewster Select Board Annual Retreat
9:00 – 10:00 Community Infrastructure
Suggested Changes/Additions for FY22-23 (1 of 2)
•Seek to acquire Sea Camps properties, develop and implement interim
property management and public access plans, identify stakeholder boards
and committees, work with potential partner organizations on preliminary
due diligence, and manage resident engagement and Master Plan
development processes
•Examine feasibility of Sea Camps Bay Parcel as future site of
intergenerational community center
•Complete School Consolidation Feasibility Study
•Complete Hazard Mitigation Plan
2021 Brewster Select Board Annual Retreat
9:00 – 10:00 Community Infrastructure
Suggested Changes/Additions for FY22-23 (2 of 2)
•Confirm support for the Brewster Ladies Library renovation project and
create a timeline with project action steps
•Solicit resident feedback on Millstone Road project, work towards design
consensus, and finalize design
•Develop a comprehensive stormwater/water quality improvement Capital
Plan
•Develop net zero energy roadmap
2021 Brewster Select Board Annual Retreat
10:00 – 11:15 Governance
Status of FY21-22 Goals (1 of 3)
•Present the annual budget in an easily accessible format and provide detailed review of Town's financial status on regular basis*
•Complete design/launch of new, more user friendly Town website and optimize BGTV’s potential as communication tool*
•Adopt financial policies that are in accordance with 2019 MA Department of Revenue report and best practices, and implement short- and medium-term recommendations of DOR report as applicable
2021 Brewster Select Board Annual Retreat
10:00 – 11:15 Governance
Status of FY21-22 Goals (2 of 3)
•Continue to implement Vision Plan and develop Local Comprehensive Plan that addresses the following key policy issues: 1. Develop a high-level growth policy 2. Identify and evaluate policies / zoning bylaws that recognize and take advantage of potential synergies between affordable housing development and open space preservation 3. Perform a comprehensive review of zoning bylaws, with particular attention to ones that support more housing choice*
•Update Select Board Policy on Board and Committee meetings to improve transparency and provide better access to information*
•Identify funding to support creation of new Human Resource Department to focus on the following key initiatives: 1. Implement findings from HR audit 2. Develop succession plans for key staff positions 3. Complete compensation and classification study and related staffing analysis of all union and non-union Town personnel, and implement recommended changes 4. Foster a culture that views residents as customers and Town services as the product - be proactive, transparent, and engaged
2021 Brewster Select Board Annual Retreat
10:00 – 11:15 Governance
Status of FY21-22 Goals (3 of 3)
•Develop and seek adoption of Town Charter and associated bylaw changes
•Foster stronger relationships with Nauset School District officials, especially regarding finances
•Actively recruit residents to fill vacancies and provide training/ guidance to volunteers serving on Town Boards and Committees*
•Determine merits of making longer-term changes to traditional municipal service models – applying lessons learned from pandemic response
2021 Brewster Select Board Annual Retreat
10:00 – 11:15 Governance
Suggested Changes/Additions for FY22-23 (1 of 3)
•Determine merits of making longer-term changes to traditional municipal service models – applying lessons learned from pandemic
•Complete launch of new Town website
•Develop and launch new operating and capital budget platform to improve accessibility and transparency of Town finances
•Continue to implement Vision Plan and develop Local Comprehensive Plan
•Examine need to increase organizational capacity in certain key areas to meet expanding service and project demands
•Determine extent of continued expanded remote participation in Committee meetings
2021 Brewster Select Board Annual Retreat
10:00 – 11:15 Governance
Suggested Changes/Additions for FY22-23 (2 of 3)
•Prioritize working diligently with the Nauset Regional School Committee, the new Nauset Regional School Administration, the Brewster School Committee and the Brewster Finance Committee to enhance the transparency of the information provided regarding the schools’ budgets and operating expenses
•Communicate tax rate impacts of capital investments and service enhancements on capital and operating budgets
•Develop financial policy regarding allocation of marijuana revenues
•Consider merits of adopting short-term rental regulations or registration program
2021 Brewster Select Board Annual Retreat
10:00 – 11:15 Governance
Suggested Changes/Additions for FY22-23 (3 of 3)
•Examine benefits of holding Town Meetings on Saturdays and use of electronic voting
•Establish a better citizens petition process
•Continue to foster a culture that views residents as customers and Town services as the product - be proactive, transparent, and engaged
•Continue to monitor and support employee wellness
•Consider ways to promote inter-departmental collaborations
•Create program to annually recognize Town volunteers for their service to the community
2021 Brewster Select Board Annual Retreat
11:15 – 12:00 Community Character
Status of FY21-22 Goals
•Determine policy position on potential changes to Community
Preservation Act fund allocation formula
•Develop plan to identify/address issues of diversity and inclusion,
including potential formation of task force or advisory committee
•Engage stakeholders to determine policy position on residential
exemption and other potential local tax relief policy options*
•Continue to implement Age-Friendly Community Action Plan and
modify as needed*
2021 Brewster Select Board Annual Retreat
11:15 – 12:00 Community Character
Suggested Changes/Additions for FY22-23
•Develop 5-year Community Preservation Act Plan soliciting input
from key stakeholders (e.g. Housing Partnership and Open Space
Committee), consider potential changes to fund allocation
formula, and establish a framework for vetting regional project
funding requests
•Make diversity and inclusion a higher organizational priority
•Examine expanded childcare opportunities, including pre-school
funding subsidy
2021 Brewster Select Board Annual Retreat
12:30 – 1:00 Open Space
Status of FY21-22 Goals
•Complete Drummer Boy Park Master Plan Update in
coordination with proposed Wing Island boardwalk project*
•Develop and execute updated plan for Dog Park project*
2021 Brewster Select Board Annual Retreat
12:30 – 1:00 Open Space
Suggested Changes/Additions for FY22-23
•Phased implementation of Drummer Boy Park Master Plan in
coordination with Wing Island boardwalk project
•Consider need for and structure of new Parks & Recreation
Department responsible for management of Drummer Boy Park,
Sea Camps, and other existing recreational amenities/programs
•Continue support for strategic open space purchases,
particularly in critical areas (Zones I and II, ponds, estuaries, and
bay beaches)
2021 Brewster Select Board Annual Retreat
1:00 – 1:45 Housing
Status of FY21-22 Goals
•Identify Affordable Housing Trust operating/capital needs,
develop funding plan, and establish permanent funding
mechanism*
•Establish housing rehabilitation program and long-term rental
assistance program*
•Develop affordable housing off Millstone Road*
2021 Brewster Select Board Annual Retreat
1:00 – 1:45 Housing
Suggested Changes/Additions for FY22-23
•Consider affordable housing and other housing opportunities on Sea Camps properties if acquired
•Explore opportunities for partnerships between open space and housing (e.g. Sea Camps) – see APCC & HAC pilot program
•Shift funding for Housing Coordinator from CPA to operating budget
•Complete Housing Production Plan update
•Update ADU bylaw
•Examine addition of workforce housing
2021 Brewster Select Board Annual Retreat
1:00 – 1:45 Housing
Suggested Changes/Additions for FY22-23
•Educate residents and Town officials about the Housing Choice &
Economic Development legislation
•Become designated as a Housing Choice Community
•Explore regional collaboration in addressing Lower Cape housing
challenges
•Require Millstone Road housing project to be age-friendly and
include COA as Housing stakeholder
2021 Brewster Select Board Annual Retreat
1:45 – 2:15 Local Economy
Status of Priority FY21-22 Goals
•Complete and launch electronic permitting platform, and
develop Guide to Doing Business in Brewster to assist residents,
contractors, and businesses in navigating local permitting
processes*
•Consider designating Underpass Road as District of Critical
Planning Concern with Cape Cod Commission*
2021 Brewster Select Board Annual Retreat
1:45 – 2:15 Local Economy
Suggested Changes/Additions for FY22-23
•Launch electronic permitting platform
•Increase coordination with Brewster Chamber on outreach and
communication to local business community
•Include Chamber as a stakeholder on relevant Housing, Local
Economy, Coastal Management, and Pandemic Response goals
•Work with Chamber and other stakeholders to create Cultural
District or similar coordinated local arts and culture program
2020 Brewster Select Board Annual Retreat
07.20 – Day 1
2:15 – 2:45 Coastal Management
Status of FY21-22 Goals
•Complete gap analysis of local land use regulations along the coastal bank and assess merits of Cape Cod Commission model bylaw*
•Support new Natural Resources Commission in implementing the Coastal Resource Management Plan and other similar initiatives*
•Work with MA Department of Conservation and Recreation on Rail Trail extension across Route 6A down to Linnell Landing*
•Investigate feasibility of new aquaculture program off Wing Island and update related Department of Natural Resources regulations as necessary*
2021 Brewster Select Board Annual Retreat
2:15 – 2:45 Coastal Management
Suggested Changes/Additions for FY22-23
•Consider merits of Cape Cod Commission model bylaw and
potential implementation
•Continue and expand on coastal resiliency efforts, particularly in
light of anticipated climate change impacts
2021 Brewster Select Board Annual Retreat
2:45 – 3:15 Water Resources
Status of FY21-22 Goals
•Develop clear timeline/plan for moving water quality initiatives forward and determine whether to remain in Cape Cod and Islands Water Quality Protection Fund*
•Identify preferred approach(es) to best address nitrogen and phosphorus mitigation in environmentally sensitive areas*
•Develop and propose stormwater management bylaw (MS4 permit)*
•Evaluate vulnerable Water Department utility infrastructure, determine possible improvements/modifications, and implement as possible/applicable
2021 Brewster Select Board Annual Retreat
Next Steps
•Town Administration will assemble a summary document for the
Board’s consideration for adoption, providing more detail
regarding responsible parties and anticipated timelines
•Once formally adopted, the FY22-23 Select Board Strategic Plan
will be distributed to all boards/committees and staff, and will
also be posted on the homepage of the Town’s website
•Select Board agendas will frequently include goals for discussion,
action, and/or status updates to ensure we maintain focus
•Iterative annual process that should also align with Vision
Planning Committee implementation status updates
2021 Brewster Select Board Annual Retreat
Town of Brewster July 14, 2021
Finance Committee
Select Board Strategic Priorities
The Nauset Regional School District and Brewster School budgets equal about 50% of Town of
Brewster’s total operating expenses of about $44 million. It is imperative that the Select Board,
Finance Committee and the general public receive the highest level of transparency possible
with regard to the schools’ financial reporting.
The Finance Committee urges the Select Board to prioritize and re-commit to working diligently
with the Nauset Regional School Committee, the new Nauset Regional School Administration,
the Brewster School Committee and the Brewster Finance Committee to enhance the
transparency of the information provided regarding the schools’ budgets and operating
expenses. Indeed, the Finance Committee would be pleased to have a joint meeting with the
Select Board to discuss this further and work together on this critical topic.
August 9, 2021
To: The Brewster Select Board
Town Manager, Peter Lombardi
From: The Brewster Open Space Committee
Re: The Select Board FY21-22 Retreat Strategic Plan
In reviewing the Select Board FY21-22 Retreat strategy and the Town’s Vision Plan, the Open Space
Committee provides the following comments:
History:
From the time of Brewster’s first conservation land purchase in the center of Brewster at the old town
well handpump – affectionately called “the Egg”, the town has always stepped up and paid to preserve
its beaches, forests, marshes and trails. Beginning with the time of the Land Bank, the Land Acquisition
Committee and now the Open Space Committee, we have always been funded directly with sufficient
resources to protect Brewster’s habitat and economy. When the Community Preservation Act was
passed in 2005 the Open Space Committee was offered the opportunity to be a part of the Community
Preservation Act funding and was guaranteed 50%. This resource allocation has paid off by way of
avoidance of sewering (current cost would be in excess of hundreds of millions of dollars), a solid tourist
population, as well as being a base for many summer homes. As the pandemic continues on, the value in
walking areas has been much more pronounced, as well as more year round home use with consequent
demand and excess nitrogen loading on the town drinking water.
1.Community Character:
As stated in the Vision Plan “Brewster’s character is heavily influenced by the amount of open space and
natural resources that it protects and that are accessible to the public. Places like the Punkhorn
Parklands, Drummer Boy Park, Nickerson State Park, and the Stony Brook Valley help define the
distinctly open Community Character of the town.”
The upcoming discussion on how CPC funds are allocated to Open Space, Historic Preservation and
Community Housing represents an important crossroads. Up until now 50% has gone to Open Space,
10% to Historic Preservation and 10% to Community Housing with the remaining 30% up for distribution
to Historic Preservation and Community Housing, with 10% available for Recreation. It is easy to say that
Brewster should go to the original state formula, but we are not sure if that would serve the town’s
needs best. No application from any of these four covered areas has ever been turned down for lack of
funds. Open space has historically bonded to cover needed funds for acquisitions and most recently did
short term borrowing for a purchase. With future large funding needs looming for Community Housing
and Historic Preservation, those applications could also be bonded and/or use short term borrowing.
With the pending CCSC possible acquisition, it may be that no % change should occur. The Open Space
Committee requires the 50% to match funds from the Brewster Conservation Trust (BCT) and the state,
in order that we may continue to acquire land at pennies on the dollar. `
We also have to remember that people assume that all the green space they see around town is already
protected. This is not correct. Most of what people see is privately owned and could be developed at
any time. For example, there are two large campsite properties, one on 6A and one on Route 124. These
could come on the market any time, as could other private camps, critical town center lands and
drinking water area parcels. The 6A and Rt. 124 camp/trailer sites might be convertible to large
community housing sites with zoning changes allowing for smaller housing units.
Of course, then there are the CCSC parcels, hopefully soon to become town properties.
2.Open Space:
The Open Space section has absolutely no mention of continued support for open space purchases.
There are still properties within Brewster’s Zone I and Zone II wellfield recharge areas that are essential
for the purpose/protection of safe drinking water supply and should be purchased if they become
available. There are also numerous parcels that should be preserved to protect bay and pond recreation
waters, as well as unique rare and endangered species, and special habitats themselves.
Our ponds are not doing well. When pond parcels become available, the town should seriously consider
acquiring them. Ponds are the exposed surface of our aquifer. Thankfully, BCT is ready and willing to
step up to provide support and many times purchases parcels outright, provided we supply matching
funds and we have a great track record in applying for and receiving state and federal land grants.
Obviously we cannot buy every parcel out there that is available. Therefore, we need to make sure that
parcels in critical areas, ZONE I and II, as well as ponds and bay beaches remain protected by stringent
controls on the lands themselves. Public education can help protect lands/environments, but the public
needs to be engaged to care what happens to these lands and to our town.
3.Housing:
The Open Space Committee is ready and willing to work with the Community Housing groups in joining
in on acquisitions that would include protection of open space. Housing developments should also
include community gardens which have direct economic and social impact for residents. Brewster’s one
community garden, located on BCT property always has a waiting list.
4.Local Economy and Global Warming:
As mentioned above, the look and feel of Brewster is greatly influenced by its rural character, due in
part to the protected green spaces all over town. This is what draws people to our town and beaches.
The town remains cooler than other towns due to the large forested areas serving as heat sinks. This
fact is becoming of greater importance as the weather patterns change, leading to longer, hotter days.
5.Coastal management:
With the realities of climate change looming large on our horizon, there is little mention of this issue in
the FY21-22 Strategic Plan.
CPC Open Space monies need to remain available for coastal purchases. Part of our coastal resilience
work should continue to include increasing town owned land along the coast. In California a number of
towns have started purchasing coastal properties, renting them out for a few years to cover purchase
costs and them demolishing them. Here, people keep building on their coastal parcels and adding on to
existing properties. We need to seriously look at possibilities for retreat from our coasts.
Aquaculture farming may change drastically, as salinity and pH continue to change (affecting shell
formation) in our marine environments. Increasing warmth of our marine waters is also affecting many
of our fishery/aquaculture species. Many local species that can move, are already moving to cooler
habitats. Those species that are not mobile may not survive. Invasive species from warmer habitats are
increasingly seen on our beaches and in our waters. A number of shellfish species excel at filtering
waters and helping with pH issues. These species should be encouraged/planted/cultured. The small
amount of eel grass beds that we have left must be protected in order to maintain nurseries for our
remaining fisheries species.
The issue of salt marsh inland migration is the subject of much discussion, but we don’t have much area
to allow that to happen. However, there are a number of pilot programs to help salt marshes survive
and maintain their important function as carbon sinks.
Sea Level rise may drastically change with the emerging shifts in the Gulf Stream and other ocean
current systems. Any changes that affect our coastline/beaches will have radical effects on our tourism
economy. How are we going to prepare for this? "
6.Water Resources:
Brewster has the cleanest water in New England because we have been slow to develop the town. We
still have a chance for a choice and to continue to avoid expensive central sewer projects. The
Committee is constantly looking for ways to protect our town wellfields by expanding open space
acquisitions in ZONE I and IIs, our ponds and coastal beach areas. We greatly appreciate the Water
Department/Commissioners funding contributions to these acquisitions. However, no state, town or
local conservation trust alone can continue to keep us from slow erosion of our water quality. The Cape
Cod Commission is tracking the steady increased levels of nitrogen in our drinking water, as well as
other emerging contaminants.
Nitrogen and phosphorus mitigation listed in WR-2 will require acquisition of more land to absorb
nitrogen loads, in our ZONE I and IIs, our ponds and coastal beach areas. The warmer weather has led to
many of the ponds being closed due to growth of cyanobacteria. These blue-green algae usually multiply
and bloom when the water is warm, stagnant, and rich in nutrients (phosphorus and nitrogen) from
sources such as fertilizer runoff or septic tank overflows. Closed ponds do not help our economy.
Lands around ponds should require even more stringent regulation of septic issues, as well as better
control or removal of cultured lawns and drastically reduced or no fertilizer use. There should only be
natural/native vegetation around all of our ponds to filter incoming water.
The Cape Cod Commission is looking at a “phase 2” of the 208 Plan that would focus on freshwater pond
restoration. Land acquisition to protect ponds must certainly be a part of that, and Brewster should be
prepared to step up its efforts to protect and restore its ponds. The state is also looking to develop
“TMDLs” for freshwater contaminants and will likely require towns to comply with accompanying new
regulations.
The town can’t buy all the pond parcels, but we can work hard to control pollutants and restore
wetlands that serve as flood control areas and clean drinking water filters. As weather gets hotter,
forested areas around town and especially around ponds help to absorb warmth, act as heat sinks. They
also absorb carbon and aid in moisture retention.
WR3: Stormwater
The Open Space Committee has had discussions with the DPW Director concerning stormwater runoff.
We are awaiting suggestions for parcels to purchase, to serve as detention basins/rain gardens to
contain road runoff and also prevent stormwater from reaching wetlands and ponds. These parcels
would remain as protected open space.
7.Governance:
As stated above, the Open Space Committee, remains ready to assist in creating/maintaining a synergy
between Community Housing and Open Space Preservation. Areas of highest priority for natural
resource protection (habitat and drinking water supply) and housing have been mapped, with Brewster
as a pilot community (Association to Preserve Cape Cod-APCC & Housing Assistance Corporation-HAC).
Our Committee awaits the results of this pilot program.
It is also hoped that zoning changes will help maintain open space through density and development
standards. Brewster already has the NRPD/Natural Resource Protection Design bylaw, however zoning
needs to protect/incorporate open space design into development in all areas of town, not just our
ZONE II and Pleasant Bay Watershed areas.
8.Community Infrastructure:
Every community survey reflects a strong need for better walkways and trail connections in town. The
Open Space Committee is always looking for ways to increase town wide connections between open
space areas, beaches and town facilities/centers. We continue to welcome active participation and
discussion surrounding purchases to expand bike and pedestrian trails and paths for recreation and
transport throughout town. Getting people out of their cars, not only is healthier, but helps reduce
carbon emissions and traffic congestion.
Thank you for allowing our committee to send comments and suggestions for the Select Board Retreat.
FYI ITEMS (MAIL) October 18, 2021
1.CVEC Report June 22 – July 22, 2021
2.Year 3 Annual Report – Massachusetts Small MS4 General Permit
3.Open Space Handbook: a guide to community conservation in Massachusetts
4.Independence House- July- September 2021 stats
5.Community Preservation Committee Public Hearing – Oct 27,2021
Archive d: Friday, October 15, 2021 8:59:47 AM
From: Beth Devine
Se nt: Thu, 14 Oct 2021 20:59:36 +0000Authentication
To: townadmin; Faythe Ellis
Subje ct: CPC Public Hearing Notice and Call to Action
Se ns itivity: Normal
PUBLIC HEARING
BREWSTER COMMUNITY PRESERVATION COMMITTEE (CPC)
WEDNESDAY, OCTOBER 2 7 , 2 0 2 1 AT 5 :00 PM
The Brewster Community Preservation Committee (CPC) will hold a Virtual Public Hearing on Wednesday, October 27, 2021 at 5:00 pm. The purpose
of the hearing is to provide and gather information on the community preservation needs and possibilities in the areas of community housing, historic
preservation, open space, and recreation. The CPC resources of the Town of Brewster will be reviewed, and the information gathered at the hearing will
be useful in assessing any funding applications that the CPC may be recommending to the voters at the May 2022 Annual Town Meeting.
Spe ake rs , your re ply is re que s te d: If you are planning to speak at this hearing about applying for CPA funds in the next 12 – 18 months, please reply
to this message with your name and email by 10/22. Prior to 10/27, we will send you additional information about participating as a speaker. Thank you
for helping us plan ahead to ensure a smooth meeting, using a virtual format.
All interested parties are invited to attend and questions and comments are welcome.
Agenda is posted at www.brewster-ma.gov. Look under CALENDAR and click on the meeting to be taken to the Agenda.
Beth Devine
PT Assistant for CPC, Fin COM, & WQRC
Town of Brewster
bdevine@brewster-ma.gov
B e g i n n i n g Ju l y 6 t h , Brewster Town Offices will be open to the public Tuesday, Wednesday, and Thursday from 8:30 to 4:00pm. Beach a nd Recycle P ermits ar e not available in person
but can be purchased online or through our mail-in program. For the latest updates on Town services, please visit w w w .b r e w s t e r -m a .go v