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HomeMy Public PortalAboutPlanning Board Packet 10/27/21 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 7 ARTICLE DESCRIPTION SPONSOR PAGE 1 Outstanding Obligations Select Board 7 2 Community Preservation Act Funding Community Preservation Committee 8 3 Capital and Special Projects Expenditures Select Board 10 4 Supplemental Appropriation Golf Department 21 5 Utility Easements Select Board 21 6 Fire Union Collective Bargaining Agreement Select Board 21 7 SEIU Collective Bargaining Agreement Select Board 22 8 OPEIU Collective Bargaining Agreement Select Board 22 9 General Bylaw/Stormwater Management Select Board 23 10 Zoning Amendment/Water Quality Protection District Planning Board 34 11 Zoning Amendment/Floodplain Bylaw Planning Board 50 12 Drummer Boy Park Master Plan Update Select Board 59 13 Other Business Select Board 61 E TOWN MODERATOR’S RULES 62 F GLOSSARY OF FINANCIAL TERMS 64 2 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 x Town Warrant booklet; copies will be available at Town Meeting. x Water bottle if desired. x 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 x Please don’t bring your own chair or food (unless medically required). x 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. 3 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: x 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. x Had contact in the previous 2 weeks with a person diagnosed with COVID. 4 6.Town Officials Participating in Town Meeting x Select Board: Chair Cynthia Bingham, David Whitney, Mary Chaffee, Ned Chatelain, and Kari Hoffmann x Town Administrator: Peter Lombardi x Assistant Town Administrator: Donna Kalinick x Town Clerk: Colette Williams x Finance Committee: Chair Pete Dahl, Frank Bridges, William Meehan, Honey Pivirotto, Robert Young, Alex Hopper, Robert Tobias, Andrew Evans and William Henchy x Finance Director: Mimi Bernardo x Town Counsel: Jonathan Silverstein of KP Law x Constable: Roland Bassett, Jr. 7.Meeting Rules of Order x Brewster uses “Town Meeting Time: A Handbook of Parliamentary Law” as well as local practice and tradition. x Please be respectful and courteous to others. x 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 x All voting will be done by a show of hands using voter tickets. x There will be no voice votes. x The Moderator will evaluate the show of hands and announce the result. x Voters may challenge the Moderator’s result; if more than 7 request a count, one will be done. 10.Microphones x Stationary microphones will be set up at the front of each aisle in the voter seating area. x Mobile microphones will be available if you wish to speak from your seating area; raise your hand to alert a microphone manager. x Please avoid handling the microphones. An assistant can adjust the microphone for you. Masks are recommended when speaking. x If there is a line at the microphone, please stay 6 feet from others including seated voters. x The microphones will be sanitized between speakers. x State your name and address when you speak. 5 11.Motions x 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. x If you are unclear at any time about an action, raise your voter ticket to be recognized and state, “Point of order.” 12.Departure x Please adjourn in an orderly manner, maintaining social distancing. x Please maintain social distance until you are in your vehicle and do not gather in groups. 13.Services x 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. x Space will be available for voters using wheelchairs. x Handicapped parking will be available in the front of the school in the bus drop-off area. x Those with impaired mobility can access the check-in line via the main entrance at the front of the building. x 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. x 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. x 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 6 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 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 7 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) 8 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 9 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: 10 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 $235,000 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 11 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 12 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 13 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 $567,000 Grand Total $2,112,000 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) 14 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 of both Sea Camp properties as well as 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 15 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 16 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 17 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 18 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 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 19 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. Select Board: 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. Select Board: 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. Select Board: 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. Select Board: 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. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 20 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 5, No 0, Abs 0 Finance Committee: Yes 7, 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 5, 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) 21 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 5, 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 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0 22 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 23 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. 24 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. 25 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 26 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 27 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 28 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 29 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: 30 (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 31 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 32 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. (Select Board) (Majority Vote Required) 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. 33 Stormwater, in the form of snow melt and rain, flows over impervious surfaces such as roofs, pavement, and compacted gravel driveways, picking 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: Recommendation Deferred Finance Committee: Yes 6, No 1, 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; 34 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. 35 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. 36 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. 37 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 38 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 39 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. 40 (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 41 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 42 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 43 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. 44 [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 45 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. 46 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 47 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. 48 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. (Planning Board) (2/3rd Vote Required) 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 49 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 5, No 0, Abs 0 Finance Committee: Yes 7, 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. 50 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 51 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. 52 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 53 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 54 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). 55 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 requ irements 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. 56 (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. The floodplain 57 permit required hereunder shall be issued by the Conservation Commission in connection with any other permit applications falling under the Conservation Commission’s jurisdiction. The Conservation Commission may enact regulations hereunder including the procedures relative to an application for a floodplain permit. (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 (Planning Board) (2/3rd Vote Required) 58 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 5, No 0, Abs 0 Finance Committee: Yes 7, 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 Drummer Boy Park Advisory Committee on the Town website or in the Town Administrator’s office. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0 59 60 60 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 C. Whitney, Vice-Chair ___________________________________ Edward B. Chatelain, Clerk ___________________________________ Mary W. Chaffee ___________________________________ Kari Sue 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 20th 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 61 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 non-voter 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. ANYTIME 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. 62 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 the majority of those attending. Quantum of vote for each article is noted in the warrant book. EXCEPTIONS 2/3 MAJORITY VOTE REQUIRED for borrowing of money appropriations for land purchases; land purchase for public domain; 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 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. 63 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. 64 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 65 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. 66 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. 67 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. 68 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. 69 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. 70 71  72