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.
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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
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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
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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
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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:
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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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.
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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.
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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
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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
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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
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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
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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:
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(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
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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
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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