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HomeMy Public PortalAbout1988-10-17 STM STM — 10/ 17/88 Report of the SPECIAL TOWN MEETING 31 6 October 17 , 1988 In accordance with the Warrant , the Special Town Meeting was held in the ?9 Brewster Elementary School Cafetorium , Monday , October 17 , 1988 . 8 The Meeting was called to order at 7 :04 P . M . by the Moderator, Stephen L. Doyle . The Tellers were William S . Nielsen , Ruth A. Hanlon , Doris W . Powell , June Gallant and Dorothy Grenier. Checkers were Dorothea Dugan , Carl Scrivener , Jean Gage , Antoinette Mara and Mary Tucker . , 1 A quorum was present . 6 The Warrant was read by Town Clerk , Barbara A . Vaughn , CMC, AAE . , with the exception of the Articles which were read as they were being considered . RESOLUTION WHEREAS, We, the inhabitants of the Town of Brewster, in the Special Town Meeting assembled October seventeenth , one thousand nine hundred and 5 eighty-eight , "To act and do upon the whole as the inhabitants of said Town of 2 Brewster shall think proper ;" and WHEREAS, It is appropriate for good citizens to honor residents for contri - butions to the Town . Therefore , the Board of Selectmen , on behalf of all the citizens of the Town of Brewster , extend their thanks to ERIC C . DIAMOND for the fine work done in the construction of the parking lot and picnic area in J Punkhorn Parklands , which included obtaining all materials and coordinating all phases of the project . This is a fine example of an Eagle Scout Project which 3 was successfully completed by Eric C . Diamond and the members and friends of Troop 73 , Boy Scouts of America of Brewster, Massachusetts . THEREFORE, We extend our profound thanks to all who participated in this project . r_ AND BE IT FURTHER RESOLVED that this resolution be spread upon the records of the Town as with the Board 's doings thereon , and a copy given to ERIC C. DIAMOND and Troop 73 of the Boy Scouts of America . Rita A. Lawler, Chairman Peter S. Farber Paul F . Saint Ruth N . Eddy Robert L . Wilkinson BREWSTER BOARD OF SELECTMEN 57 STM — 10 /17/88 ARTICLE 1 . To see if the Town will vote to transfer from Free Cash the 6 sum of One hundred twenty-three and 45/ 100 ($ 123 .45 ) Dollars to pay the following unpaid bills from previous fiscal years : Gordon Sylver $ 75 .00 7 The Cape Codder 25 . 50 Cape Cod Photo & Art Supply 22 .95 TOTAL $123 . 45 ADOPTED UNANIMOUSLY ARTICLE 2 . To see if the Town will vote to amend the Personnel Bylaw f as follows : AD 1 . by amending Article 36- 8 , Work Week , Subsection B , by adding the fol lowing sentence to the end of the paragraph : "There shall be no compen- AR satory time in lieu of an overtime cash payment for the time worked in Cla excess of 35 hourn in the work week . Ac ific 2 . by amending Article 36-9 , Vacation Leave , Subsection D , by deleting the present Subsection D and by substituting the following : " Beginning with the eleventh year of continuous employment , such employee shall be granted four (4 ) calendar weeks of vacation , and beginning with the twenty first year of continuous employment , such employee shall be granted five (5 ) calendar weeks of vacation ." 11 3 . by amending Article 36- 10 , Paid Holidays , Subsection A, by deleting K "twelve ( 12 ) " in the first line and by substituting "twelve and a half A ( 12 '/2 ) ' and by inserting "The day following Thanksgiving Day" be- tween "Thanksgiving Day " and " One- half ( '/2 ) day before Christmas . " k A Leave , Subsection B (2 ) , by deleting SL 4 . by amending Article 36- 11 , Sick f the present subsection and by substituting the following : "The employee receiving such sick leave credits may accumulate them up to a maximum ti of one hundred thirty ( 130 ) days during the fiscal year beginning July 1 , pe 1988 , one hundred forty ( 140 ) days during the fiscal year beginning x July 1 , 1989 , and one hundred fifty ( 150 ) days during the fiscal year beginning July 1 , 1990 and thereafter . 5 . by amending Article 36- 12 , Bereavement Leave , Subsection A, by de t leting the present subsection and by substituting the following : t " In the event of a death occurring in the immediate family of an employee , bereavement leave without loss of pay for consecutive calendar days commencing either on the day of the death or the day following the date of death shall be : For a spouse or child — five days ; For parents, sister or brother , parents- in - law or grandparents — three days . " i 58 IV STM — 10/17 /88 6 , by amending Article 36- 15 , Other Paid Leave , Subsection A, by deleting the reference to "two (2 ) personal days " and by substituting "Three (3 ) personal days . " 70 by amending Article 36- 16 , Leave of Absence without Pay , Subsection C, by deleting " Maternity leave " in the first line and by substituting " Maternity /Paternity Leave " and by adding the following sentence to the IV end of the paragraph : " Following the birth or adoption of a child , an VI employee shall be granted a five (5 ) day paternity leave upon request to the Administrative Authority . " g , by amending Article 36-24 , Longevity pay , by increasing the maximum 41 payment from $ 1 ,050 .00 to $ 1 ,200 .00 . III ADOPTED UNANIMOUSLY VI 1 % ARTICLE 3. To see if the Town will vote to amend the Personnel Bylaw Classification Schedule , effective July 1 , 1988 , by deleting the position of Town I VI Accountant and to add the following new position in the Personnel Bylaw Class ification , Wage and Salary Schedule , to be effective upon passage of this article : POSITION DIRECTOR OF FINANCE /TOWN ACCOUNTANT Grade 13 Position range Minimum Maximum $34 ,762 .00 $43 ,989 .00 ADOPTED UNANIMOUSLY ARTICLE 4 . To see the Town will vote to transfer from Free Cash the i' f sum of Four thousand four hundred eighty-two and 00 / 100 ($4 ,482 .00 ) Dollars for the Brewster Conservation Commission for the purpose of continued part- time support of secretarial services for a contract position for fifteen ( 15 ) hours per week from October 24 , 1988 through June 30 , 1989 . Said monies to be expended under the direction of the Brewster Conservation Commission . ADOPTED YES 239 NO 197 ARTICLE 5 . To see if the Town will vote to transfer the sum of Twenty- two thousand eight hundred ninety-one and 45/ 100 ($22 ,891 .45 ) Dollars from the account " Insurance Reimbursements over $ 10 ,000 .00 " to a special account for damages to the Brewster Elementary School and to see if the Town will vote to authorize the School Committee and /or the Board of Selectmen to expend these funds as needed for the repair of the Brewster Elementary School . ADOPTED UNANIMOUSLY 59 STM — 10/17/88 ARTICLE 6. To see if the Town will vote to transfer from available funds f A and /or appropriate from surplus funds in some departments an amount of f si money to be used in conjunction with funds appropriated under current fiscalli year budgets to be used during the current fiscal year to pay for the shortfall P if that would otherwise exist in the fiscal year 1989 Budget of other departments . INDEFINITELY POSTPONED A A ARTICLE 7 . To see if the Town will vote to transfer the sum of Seven B thousand five hundred seventy-eight and 25 / 100 ($7 ,578 .25 ) Dollars from the tl Federal Revenue Sharing Appropriation Account to Line Item 1 Vof the Fiscal I V� Year 1989 Annual Town Budget . tI ADOPTED UNANIMOUSLY ai f d' ARTICLE 8 . To see if the Town will vote to transfer from Line Item 92 of the Fiscal Year 1989 Annual Town Budget the sum of Two hundred forty thousand and 00 / 100 ($240 ,000 .00 ) Dollars to meet the shortfall in monies ak T ready appropriated for the construction of the Brewster Transfer Station to be P located at the Sanitary Landfill . st ADOPTED UNANIMOUSLY j ARTICLE 9 . To see if the Town will vote to appropriate Three hundred S forty-one thousand nine hundred and 00/ 100 ($341 ,900 .00 ) Dollars to purchase d refuse handling equipment for the Brewster Transfer Station : T al (2 ) tandem axle tractors $ 137 ,900 .00 f sa (4 ) 100 cubic yard transfer trailers $ 161 , 300 .00 try ( 1 ) skid steer loader $ 191400 .00 ( 1 ) 30 cubic yard roil -off box with partitions and open top for glass recycling $ 5 ,000 .00 ( 1 ) 40 cubic yard roll -off closed top box I for newsprint collection $ 5 ,300 .00 B ( 1 ) 40 cubic yard roll -off for plastic milk jugs $ 4 ,000 .00 ( 1 ) down stroke baler for recycled materials processing $ 91000 .00 $341 ,900 .00 that to raise this appropriation , the Treasurer , with the approval of the Board of Selectmen , is authorized to borrow the sum of $341 ,900 .00 under and pursuant to Chapter 44 , Section 7 (9 ) of the General Laws, or any other en- abling authority , and to issue Bonds or Notes of the Town therefore that the sum of $73 ,500 .00 shall be transferred from Free Cash and the sum of $25 ,000 .00 shall be transferred from Line Item 92 of the Fiscal Year 1989 Annual Town Budget for the purpose of preparing , issuing and marketing the Bonds or Notes issued hereunder and for paying interest on temporary notes issued in anticipation thereof. ADOPTED YES 415 NO 26 60 Will STM — 10/17/88 ARTICLE 10 . To see if the Town will vote to transfer from Free Cash the sum of Fourteen thousand and 00/ 100 ($ 14 ,000 .00 ) Dollars to finance the ` Inspection and Maintenance Program for the Tri - Town Septage Treatment I III IV I Plant . IV ADOPTED UNANIMOUSLY ARTICLE 11 . To see if the Town will vote to authorize and instruct the VIV -4 VVI Board of Selectmen to petition the Great and General Court for enactment of IV ff% the following Special Act creating an Orleans , Brewster and Eastham Ground Water Protection District, and to amend the Intermunicipal Agreement between the Towns of Orleans , Brewster & Eastham for the Construction , Management and Operation of a Septage Treatment Facility dated May 30 , 1985 in accor- dance with said Special Act : SECTION I There is hereby established the Orleans , Brewster and Eastham Ground Water Protection District which shall be a body politic and corporate . The District shall be composed of the Towns of Orleans , Brewster and Eastham . SECTION 11 Said Ground Water Protection District shall be for the purpose of and in accor- IV dance with an Agreement entitled " Intermunicipal Agreement between the Towns of Orleans , Brewster and Eastham for the Construction , Management and Operation of a Septage Treatment Facility" dated May 30 , 1985 , as the same may be amended in accordance with the provisions thereof, and on file in the office of the Town Clerks of the Towns of Orleans , Brewster and Eastham . SECTION 111 In addition to the powers enumerated in said Intermunicipal Agreement , the Board of Managers shall have the following rights and powers : (a ) to adopt bylaws for the regulation of its affairs and the conduct of its business ; provided , however that any bylaw shall be consistent with the aforementioned Intermunicipal Agreement ; (b ) to adopt an official seal and alter the same at its pleasure ; (c ) to maintain an office at such place or places as it may determine ; and , (d ) to sue and be sued and to prosecute and defend actions relating to its properties and affairs . (e ) to own and maintain real and personal property including but not lim - ited to the " Facility" as such is described in Section I in the aforemen - tioned Intermunicipal Agreement . 61 STM — 10/17/88 SECTION IV Notwithstanding the provisions of any general or special law to the contrary , the Ground Water Protection District established under the provisions of SEC- 4 TION I shall be deemed to have an insurable interest in the facilities of the „ K , District for purposes of obtaining insurance in accordance with the terms of SECTION VIII of the aforementioned Intermunicipal Agreement . �. ; ADOPTED UNANIMOUSLY ARTICLE 12 . To see if the Town will vote to amend the Intermunicipal Agreement between the Towns of Orleans , Brewster, and Eastham for the con- 5 struction , management , and operation of a Septage Treatment Facility dated Fees May 30 , 1985 as follows : f read 1 . Under Section VI I , Use of Facility , Paragraph A by adding an additional sentence to said paragraph A to read as follows : "Orleans , Brewster, and Eastham shall by action of their respective Boards of Health each adopt , maintain , and enforce regulations for on -site Inspection and Maintenance Programs . " 6 j sub- s . Under Section IV , Duties and Responsibilities , paragraph C by inserting inse the phrase : "and of each Town 's Inspection and Maintenance Program as adopted pur - suant to Section VII , Paragraph A herein ; and . . . " after the word "facility " in whe the third line of said Paragraph so that the amended said Paragraph C shall read � ', funi as follows : 1 the ordi " C. In the first quarter of each fiscal year and at such other times as all may be appropriate, the Managers shall review the operation of the fin facility and of each Town's Inspection and Maintenance Program as r adopted pursuant to Section VII , Paragraph A herein ; and establish the maximum volume of septage to be accepted and processed yearly at the Me facility ; the volume of septage that may be accepted from persons who do not reside in ORLEANS, BREWSTER , and EASTHAM ; the type of AD waste that may be accepted , and the schedule of fees to be charged for the use of said facility . " i AR Lib 3 . Under Section IV, Duties and Responsibilities , Paragraph E , by inserting an the phrase : i' ent to "and of the Inspection and Maintenance Program of each Town as adopted pursuant to Section VI I , Paragraph A herein . . . " after "facility" in the third line of said paragraph so that as amended said paragraph shall read as follows : Sys cie " E . Managers may also make such general policy recommendations to ( $ the Towns concerning the operation of the facility and of the Inspection A i 62 II IV WIVV �M I IV 1 IV STM — 10/17/88 II and Maintenance Program of each Town as adopted pursuant to Section /I % VI I , Paragraph A hereof as it shall deem fit . " } 4 . Under Section IV Duties and Responsibilities by adding a new paragraph ti ' � " K . " to read as follows : F w. " K. Notwithstanding anything contained herein , the Board of Managers VI IV, shall have the right to transfer ownership to the Facility , as described in 11 Section I herein , to the Orleans , Brewster and Eastham Groundwater Protection District upon establishment of same . ' VI 5 . Under Section VI , Apportionment and Payments of Costs Paragraph F , Fees by striking out sub - paragraph 1 . and inserting a new sub - paragraph 1 . to read as follows : IV 11-1 " 1 . The Town Collector of each Town shall be responsible for billing those individuals or entities duly licensed for Sewage Collection and Transportation for the fees charged in connection with the disposal of septage at the Facility ." VI 114 VV , 6 . Under Section VI , Apportionment and Payments of Costs , Paragraph A, sub- paragraph 2 . Subsequent Capital Costs by deleting said sub - paragraph and inserting a new sub- paragraph 2 . to read as follows : "2 , Subsequent Capital Costs Subsequent Capital Costs shall mean all costs financed by appropriation , whether such appropriation shall be raised by taxation , transfer from available funds , borrowing or otherwise , for reconstructing or adding to such facility or the equipment and furnishing hereof, and for remodeling or making extra- ordinary repairs thereto . Subsequent capital cost shall also include payment of all principal and interest , if any , in bonds , notes , or other obligations issued to finance such subsequent capital costs . Any such subsequent costs may be incurred only after a vote of Town Meeting in each Town authorizing such appropriation . ADOPTED ARTICLE 13 . To see if the Town will vote to approve the Brewster Ladies ' Library Association Building Project (the " Project " ) , said project is to construct an addition to the rear of the Library which will serve as a new and safer main entry to the Library and will include an elevator to make the Library accessible to the physically handicapped . The project may also include the repair or replacement of the Library heating system and /or other measures to make the Library building more energy effi - cient and to transfer from Free Cash the sum of Fifty thousand and 00 / 100 ( $50 ,000 .00 ) Dollars for this purpose . ADOPTED F ` 63 I STM - 10/17/88 ARTICLE 14 . To see if the Town will vote to authorize the Board of Select- men to apply for, receive and expend without further appropriation a sum of money from the Board of Library Commissioners of the Commonwealth of Massachusetts for said Brewster Ladies ' Library Building Project and to authorize the appointment of a committee known as the Brewster Ladies ' Library Building Project Committee for said purpose , which will have full power and authority to act in connection with the said Project , including authoriza- tion to file applications for Project grants with state agencies , secure bids , enter into contracts, agreements and negotiations , supervise construction and perform all necessary duties in relation to said Project . Said Committee will be comprised of five representatives appointed by the Brewster Ladies ' Library Association Board of Directors , the Director of the Brewster Ladies ' Library , one member from the Board of Selectmen 's Office , and one member from the Brewster Com- mittee for the Handicapped . ADOPTED UNANIMOUSLY ARTICLE 15 . To see if the Town will vote to amend Article 66 of the 1987 Annual Town Meeting , which authorized the repair of the stone arch and water trough at the park known as "The Egg " by eliminating from the Article , as voted , the condition which reads as follows : "Said repair will be conditional upon the Town obtaining a permanent easement from the Commonwealth of Massachusetts to repair and maintain the stone arch and water trough . ADOPTED UNANIMOUSLY ARTICLE 16 . To see if the Town will vote to authorize the Board of Select - men to sell and convey to the Brewster Housing Authority for the sum of One ( $ 1 .00 ) Dollar the real property which is shown on Brewster Assessors ' Map 42 as Parcel 48 . ADOPTED ARTICLE 17 . To see if the Town will vote to grant an easement to Lewis A. McGowan , Jr. and to the Brewster Historical Society , Inc. , to cross and recross over Drummer Boy Road , a forty (40 ' ) foot wide private way from the State Highway , Route 6A to land of the Brewster Historical Society , Inc . and land of Lewis A. McGowan , Jr . , to use the said Drummer Boy Road for all purposes for which such ways are commonly used in the Town of Brewster , all as shown on the plan entitled , "Subdivision plan of land in Brewster made for Lewis A. McGowan , Jr . , scale ; 1 in . = 100 ft . , July , 1988 , Slade Associates , Inc . , Reg . Land Surveyors , Rte . 6 and Pine Pt . Rd . , Wellfleet , MA 02067 , " to be recorded with the Barnstable County Registry of Deeds and a copy of which is on file with the Town Clerk 's office . ADOPTED ARTICLE 18 . To see if the Town will vote to authorize the Town , through . its Board of Selectmen , to grant for the sum of .One and 00 / 100 ($ 1 .00 ) Dollars 64 Ile 444 'e level STM — 10/ 17/88 a utility easement to Elizabeth Sheehy over the portion of Crowell 's Bog Road shown as PARCEL D on a plan of land entitled "Plan of Utility Easements , Land in Brewster, Massachusetts , Scale 1 " = 10 ' , May 10 , 1988 , Ryder and Wilcox , Inc . , P . E . & R . L .S . , South Orleans , MA, " a copy of which is on file with the Town Clerk . ee I eel ADOPTED UNANIMOUSLY eel "llleIl , ARTICLE CLE 19 . To see if the Town will vote to transfer from Free Cash the sum of Ten thousand and 00 / 100 ( $ 10 ,000 .00 ) Dollars for an easement plan and drainage system at Millstone Road at approximately Red Fawn Road , 444444, eel ADOPTED q el ARTICLE 20 . To see if the Town will vote to amend and confirm the autho- rization granted pursuant to Article 94 of the Annual Town Meeting of the Town of Brewster held on May 11 , 1987 to layout and make publicthe private I'll lee ways known as Stonehenge Drive , Bog Pond Road , and Oakwood Road by authorizing the Board of Selectmen to acquire by gift , purchase or by eminent eAe domain the drainage easements shown on the plan entitled " Plan Showing Drainage Easements Located on Lots in Brewster, MA as shown on Plans Re corded in the Barnstable County Registry of Deeds , Plan Book 291 , Pages 39 , 40 and 41 , prepared for the Town of Brewster, Scale : 1 " = 40 ' , August 1988 , eel e 41 Ryder and Wilcox , Inc . , P . E . and R . L . S . , So . Orleans , MA," a copy of which is on file with the Town Clerk 's Office . ADOPTED UNANIMOUSLY ARTICLE 21 . To see if the Town will vote to change the care , custody , control , management , and use of the land which is shown as Lot 11 on Asses- sors ' Map 39 by transferring from the Board of Water Commissioners to the Conservation Commission the care , custody , and control of all Lot 11 with the exception of so much of Lot 11 as lies within a four hundred fifty foot radius of the proposed water well and by altering the use of this land so that it may be utilized for conservation , passive recreation , and watershed protection purposes . ADOPTED UNANIMOUSLY ARTICLE 22 . To see if the Town will vote to approve the amount of Eight hundred fourteen thousand and 00/ 100 ( $814 ,000 .00 ) Dollars for bonded in - debtedness authorized by the School Committee of the Nauset Regional School District for the purpose of preparing architectural and engineering plans for remodeling , reconstructing and making extraordinary repairs to the Middle School and for constructing , originally equipping and furnishing an addition thereto , and to the extent of any remaining balance for such addition and construction . ADOPTED UNANIMOUSLY 65 STM — 10/17/88 ARTICLE 23 . To see if the Town will vote to amend the ZONING BYLAW ARTICLE VIII , NONCONFORMING USES , STRUCTURES AND LOTS provra by adding the following to SECTION 179- 26 , RESIDENTIAL LOTS OF REC- deteri ORD , as SUBSECTION D . : or sn PRE- EXISTING LOTS OF RECORD LACKING STREET FRONTAGE . aPPlil A. Certain lots of record existed before the effective date of this Bylaw with article and now lack any frontage as that term is defined in this Bylaw . When conti a lot possesses no frontage, as defined , one single-family dwelling may be con- main structed on the lot (a ) if it is determined that the lot satisfies the other require- and i in SL ments of this Bylaw , (b ) if the lot possesses at least five ( 5 ) acres of area , (c ) if prove the Planning Board determines that access to the lot is reasonably guaranteed %, Iain that access is suitable for the needs of vehicular traffic likely to be generated expe by the proposed residential use , and that access is adequate for the installation burse of all town or municipal services likely to be needed for the reasonable use of % eithe the lot , and (d ) if the Planning Board issues a Special Permit which will autho - serve rize construction on the lot despite its lack of cognizable frontage . the � B . Before the Planning Board can act favorably on an application for a C Special Permit under this article : indi ' dice 1 . The Fire Chief must certify to the Planning Board that , in his opin - pro ion , the way providing access to the lot is adequate throughout the year for use imp by fire apparatus , ambulances and rescue vehicles ; f pro To 2 . The Police Chief must certify to the Planning Board that , in his f whi opinion , the way providing access to the lot is adequate throughout the year for use by police vehicles and inspection vehicles ; AD 3 . The Superintendent of the Department of Public Works must certify Mo to the Planning Board that , in his opinion , the way providing access to the lot is safe and adequate for its present and proposed use and is unlikely to deteri - AD orate significantly for at least five years . A 4 . The Inspector of Buildings must certify to the Planning Board that , in TR his opinion , the lot satisfies the other requirements of the Town of Brewster CH Zoning Bylaw . 5 . The Board of Water Commissioners must certify to the Planning Board that the proposed use of the lot , in combination with uses already existing or ongoing , will not likely impact adversely upon the water supply or the quality of the ground water supply of the Town , and , before making this determination , the Commissioners may require the applicant to prepare and present all neces- sary ground water studies ; 6 . The applicant must present to the Planning Board a statement of his or her plans and ability to ensure , free of charge to the Town , the provision of all needed municipal or town services for the lot and the maintenance of the way 66 f STM — 10/17/88 providing access to the lot so that the way will not over time significantly deteriorate from its present condition or become impassable because of flooding or snowfall ; 7 . Before the Planning Board grants a special permit , it shall require the applicant and the owner of record to execute and record a covenant running with the land covered by the special permit which shall ensure the proper and continuing maintenance of municipal services and the proper and continuing maintenance of the way in order to provide adequate access for the applicant and for the Town vehicles throughout the year ; this covenant shall be executed in such a form that it may be specifically enforced ; this covenant shall also provide that , in the event that the recipient of the special permit fails to main- tain the way and the Town , in order to maintain access and municipal services , expends labor and materials to maintain the way , the Town shall be fully reim bursed for all labor and material costs incurred and for any legal costs incurred either in enforcing the covenant , maintaining the way , or maintaining municipal services ; until these costs and expenses are paid , they shall constitute a lien upon the property . C. The Planning Board shall decide each special permit application upon its individual merits, and the Board 's decision for any application shall not preju - dice its independent judgment on any subsequent application , despite the proximity of the lots . As a condition for its approval , the Planning Board may impose such conditions , safeguards , and limitations as it deems necessary and proper to ensure the safety , convenience and welfare of the inhabitants of the Town , and the Board may require the execution and recording of a covenant which shall run with the land . ADOPTED YES 347 NO 6 Move to consider Articles 26 , 27 and 28 prior to Article 24 , ADOPTED ARTICLE 26. To see if the Town will vote to create a new ZONING DIS- TRICT by amending the CODE OF THE TOWN OF BREWSTER , MASSA- CHUSETTS, ZONING , CHAPTER 179 , as follows : I . by inserting into ARTICLE II , ESTABLISHMENT OF DISTRICTS, SECTION 179- 3 , DISTRICTS ENUMERATED , A . the new District name and abbreviation "VILLAGE BUSINESS V- B " between the lines for "Commercial Low C- L " and " Industrial I " ; II . by adding the following subsection to SECTION 179 -3 . : C . That portion of the "C- H " ZONING DISTRICT which is located in the j area along Route 6A and 400 ' north and 400 ' south of the centerline of Route 6A, and between a line 400 ' west of Bassett Lane and Ellis Landing Road shall now be known as the VILLAGE BUSINESS ( "V- B " ) DISTRICT. 67 STM - 10/17/88 III . by deleting the present SECTION 179A and by inserting in its place the following : The location and boundaries of the zoning districts are hereby established as shown on a map entitled "Zoning Districts Map of the Town of Brewster , Massachusetts , " which is dated May 1979 , which was revised on May 1 , 1986 and thereafter , and which is on file at the Town Clerk 's office, and this map shall be a part of these zoning bylaws ; IV . by inserting into ARTICLE IV, USE REGULATIONS, SECTION 179- 11 . TABLE OF USE REGULATIONS, SUBSECTION B . TABLE 1 . USE REGULATIONS, a new entry under "Agriculture " which will read : 3 . Year-round greenhouse or stand for retail sale of agricultural or farm products ; by renumbering under "Agriculture " the present entries 3 , 41 51 61 7 and 8 to 4 , 5 , 6 , 7 , 8 and 9 ; and by placing after the new entry , numbered 3 , the letter "P " under . the columns headed " R - R ", " R - L ", "C- H ", and "C- L " and placing a hyphen under the columns headed " R- M ", " I ", and "MRD V . by inserting into the Use Regulations of TABLE 1 , two new entries under " Retail and Service " which will read : 5 . Sales by vending machines as an accessory use associated with an established business and located only within or against the structure ; 17 . Miscellaneous repair services excluding open storage of items for repair ; by renumbering under " Retail and Service " the present entries 5 , 6 , lee 71 81 91 10 , 11 , 12 , 13 , 14 , and 15 to 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 and 16 ; by renumbering under " Retail and Service " the present entries 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25, 26 , and 27 to 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , and 29 ; by placing after the new entry , numbered 5 , the letter "P " under the columns headed "C- H ", "C- L ", and " I " and placing a hyphen under the columns headed " R- R " . " R - L ", " R - M ", and " MRD " ; by placing after the new entry , numbered 17 , the letter " P " under the columns headed " C- H " , " C- L " , and " I " and placing a hyphen under the columns headed " R - R " , " R L ", " R - M " , and " MRD " ; VI . by inserting into the " Use Regulations of TABLE 1 , the new column heading '"V- B " between the existing " C- L " and " I " headings ; by inserting the letter " P " into the "V- B " column opposite the uses de- noted Residential 1 , 2 , 5 , and 6 , after the uses denoted Community facilities 1 , 2 , 6 , 9 , 13 , 14 , and 15 , after the uses denoted Agriculture 1 , 3 , 4 , 7 , 8 (first line ) , and 9 , and after the uses denoted Retail and 68 i STM — 10/17/88 Service 1 , 21 3 , 5 , 8 , 91 10 , 13 , 14 , 17 , 23 , 24 , 27 , and 29 ; by inserting the letter "S " into the " V- B " column opposite the uses denoted Agriculture 8 ( line 2 ) , after the uses denoted Retail and Service 12 , 25 and 26 , and after the uses denoted Wetlands Conservancy Dis- trict ; and by inserting a hyphen into the "V- B " column opposite all other uses ; VII , by deleting in ARTICLE VI , SIGNS, SECTION 17918 , Subsection B . , the present heading and replacing it with "Signs permitted in any & H , C- L, or V- B District " ; VIII . by amending SECTION 179- 18 . B . Subsection (2 ) by adding the following sentence at its end : "This subsection , however , shall not apply to the V- B District " . IXv by deleting in ARTICLE VII , OFF STREET PARKING AND LOAD- ING , Subsection 179 -22C . , the present introductory prepositional phrase and substituting therefor the following : " In a C= H or V- B District " ; X . by deleting the present SECTION 179 =23 , B . Subsection (4 ) and sub - stituting the following : Parking shall not be permitted closer than fifteen ( 15 ° ) feet from any street lot line in any R , C- H , C- L, V- B , or I District ; XI . by amending TABLE 2 , AREA REGULATIONS by adding an entry for the V- B District between the entries for the C- L and I Districts ; and by inserting after the V- B District the following entries under the following column headings : USE : Any permitted structure or principal use ; AREA : 15,000 ; LOT FRONTAGE 80 ; FRONT YARD 30 ; SIDE YARDS 15 ; REAR YARDS 15 ; and XII . by amending TABLE 3 , HEIGHT AND BULK REGULATIONS by adding an entry for the V- B District between the entries for the CML and I Districts ; and by inserting after the V = B District the following entries under the following column headings : MAXIMUM PERMITTED HEIGHT (feet ) 30 ; MAXIMUM PERMITTED HEIGHT (stories ) 2 '/z ; MAXIMUM BUILDING COVERAGE OF LOT ( percentage ) 50 . ADOPTED YES 304 NO 27 69 STM — 10/17/88 AAA Meeting adjourned at 10 : 57 P. M . until Tuesday , October 18 , 1988 at 7 :00 P . M . Meeting not reconvened October 18 , 1988 due to lack of quorum . Meeting reconvened at 7 :00 P . M . October 24 , 1988 . ARTICLE 27 . To see if the Town will vote to amend the TOWN OF BREW- STER ZONING BYLAW by changing into a "V- B ( Village Business ) District that "C- L " ( Commercial Low Density ) District which lies within four hundred ;, (4001 of either side of Route 6A as that way approaches and passes into the Town of Orleans and by also changing into a " V- B " (Village Business ) District that "C- L " ( Commercial Low Density ) District which lies in the area of Route 6A and Paine 's Creek Road . Amend the TOWN OF BREWSTER ZONING BYLAW by changing into a RM District that "& L " ( Commercial Low Density ) District which lies on either side of Route 6A as that way approaches and passes into the Town of Orleans and also changing into a RM District that "C- L " ( Commercial Low Density ) District which lies in the area of Route 6A and Paines Creek Road . r ADOPTED YES 276 NO 67 ARTICLE 28 . To see if the Town will vote to amend the ZONING DIS- TRICTS MAP OF THE TOWN OF BREWSTER , Revision Dates — May , 1979 & May 1 , 1986 , by adding the following entries under the following columns in its legend : DISTRICT REQUIRED LOT AREA MINIMUM LOT FRONTAGE F ' VB 15 ,000 80 and by modifying the Zoning Districts map to reflect all the newly created districts and all changes in zoning district designations . ' ADOPTED UNANIMOUSLY ARTICLE 24 . To see if the Town will vote to amend the ZONING BYLAW, ARTICLE I , GENERAL PROVISIONS, SECTION 179 -2 . , DEFINITIONS, SUBSECTION B . , by eliminating the present definition of ROW COMMERCIAL UNIT and adding the following : ROW COMMERCIAL — A structure or use containing more than one commer- cial unit, each unit divided from others by firewalls , party walls , separation walls or other walls so as to be separate and distinct from each other unit . Each unit may contain a permitted use and may be separately owned . ADOPTED UNANIMOUSLY ARTICLE 25 . To see if the Town will vote to amend the ZONING BYLAW, ARTICLE IX, SPECIAL REGULATIONS, SECTION 179-38 , by eliminating 70 STM — 10/17/88 the present title and adding the following : PLANNED BUSINESS DEVELOP MENT OR ROW COMMERCIAL, and by eliminating the present SUBSECTION A, and adding the following : A. The tract in single orconsolidated ownership at the time of application shall be at least three (3 ) acres in size for a planned business development and a minimum of forty thousand (40 ,000 ) square feet for row commercial . Row Commercial shall contain a minimum of twenty -five a (25% ) percent open green space and a maximum of twenty-five (25 % ) percent building coverage . ADOPTED YES 327 N09 r y ARTICLE 29 . To see if the Town will vote to amend the Outboard Motors on Great Ponds Bylaw as approved at the Annual Town Meeting , March 9 , 1972 , and subsequently amended at the Annual Town Meeting of May 14 , 1984 , by adding , after the word " Harwich" the following as part of the Code of the Town of Brewster, Massachusetts, Chapter 69 , Article I , Section 69-2 , Subsection B : "with the exception of Seymour Pond " so that the Bylaw shall read as follows : A . "No gasoline/diesel or electric powered motors over three (3 ) horsepower shall be permitted on any fresh water ponds in the Town of Brewster . B . Any emergency rescue boat shall be exempted from these limitations . C. These regulations shall not apply to ponds in Nickerson Park or ponds which are partly in the Town of Harwich , with the exception of Sey- ... mour Pond . 't D . Any person violating this Bylaw shall be punished by a fine of not more than Two hundred and 00 / 100 ($200 .00 ) Dollars for each offense . " ADOPTED ARTICLE 30 . To see if the Town will vote to accept the following changes to I'll ell Town Clerk fees as authorized by MGLA Chapter 262 , section 34 , Clauses 1 -79 : 1' Clause Description Present Proposed ( 1 ) For filing and indexing assignment for the benefit of creditors . $ 5 .00 $ 10 .00 ( 11 ) For entering amendment of a record of the birth of a child born out of wedlock subsequently legitimized . 5 .00 10 .00 ( 12 ) For correcting errors in a record of birth . 5200 10 .00 ( 13 ) For furnishing certificate of a birth . 3 .00 5 .00 ( 13A ) For furnishing an abstract copy of a record of birth . 2 .00 4 .00 ( 14 ) For entering delayed record of birth . 5 .00 10 .00 (20 ) For filing certificate of a person conducting business under any title other than his real name . 10 .00 20 .00 (21 ) For filing by a person conducting business under any title other than his real name of a statement of change of his residence , or of his discontinuance , 71 STM - 10/17/88 Clause Description Present Proposed f< retirement or withdrawal from , or change of location of, such business . 10 .00 10 .00 (22 ) For furnishing certified copy of certificate of person conducting business under any title other than his real name or a statement by such person of his discontinuance , retirement or withdrawal from such business . 3 .00 5 .00 (24 ) For recording the name and address , the date and number of the certificate issued to a person registered for the practice of podiatry in the Commonwealth . 10 .00 20 . 00 h' (29 ) For correcting errors in a record of death . 5 .00 10 .00 (30 ) For furnishing a certificate of death . 3 .00 5 .00 (30A ) For furnishing an abstract copy of a record of death . 2 .00 4 .00 N (42 ) For entering notice of intention of marriage and issuing certificates thereof. 10 .00 15 .00 (43 ) For entering certificate of marriage filed by persons married out of the Commonwealth . 3 .00 5 .00 (44 ) For issuing certificate of marriage . 3 .00 5 .00 (44A ) For furnishing an abstract copy of a record of marriage . 2 .00 4 .00 (45 ) For correcting errors in a record of marriage . 5 .00 10 .00 (54 ) For recording power of attorney . 5 .00 10 .00 (57 ) For recording certificate of registration granted to a person engaged in the practice of optometry , or issuing a certified copy thereof. 10 .00 20 .00 Q ( 58 ) For recording the name of the owner of a certificate of registration as a physician or an osteopath in the Commonwealth . 10 .00 20 . 00 162 ) For recording order granting locations of poles , piers , abutments or conduits , alterations or transfers thereof, and increase in number of wires and cable or attachments under the provisions of Sec . 22 of Chapter 166 . (for one company ) 25 .00 40 . 00 ( each additional company ) 5 .00 (each additional street ) 5 .00 25 .00 ( 66 ) For examining records or papers relating to birth , marriage or deaths upon the application of any person , the actual expense thereof, but not less than 5 .00 5 .00 ( 67 ) For copying any manuscript or record pertaining to a birth , marriage or death . ( per page ) 3 .00 5 .00 (69 ) For receiving and filing a complete inventory of all items to be included in a "closing out sale ", etc . , ( 1st page ) 2 .00 10 .00 (add ' I page ) 2 .00 2 .00 72 lv� I el lee ;� Ile, eve VI eel v STM — 10/17/88 'd clause , Description Present Proposed s (75) For filing a copy of written instrument or 00 declaration of trust by trustees of an association or trust , or any amendment thereof as provided by Sec. 2 , Chapter 182 , 10 .00 20 .00 (78 ) ' For recording deed of lot or plot in a public place of cemetery . 5 .00 10 .00 )0 (19 ) Recording any other documents . ( 1st page ) 5 .00 10 .00 (add ' I pages ) 2 .00 2 .00 i0 Voter's Certificate 2 .00 5 .00 0 0 0 ADOPTED D ARTICLE CLE 31— To see if the Town will vote to transfer from Water Better= ments Reserved for Appropriations the sum of Eighteen thousand four hundred twenty-one and 65 /00 ($ 18 ,421 . 65 ) Dollars to pay interest and principal on lee Leland Road , Ranney Lane and Crane's Lane Water Betterments . 11 %eelee ADOPTED UNANIMOUSLY ARTICLE 32 . To see if the Town will vote to consolidate the bonding and interest monies generated under previous Town Meeting votes in past fiscal years of the following articles into one lump sum : ARTICLE 2 Special Town Meeting March 9 , 1987 $ 42 . 34 ARTICLE 3 Special Town Meeting March 9 , 1987 2 , 144 .00 ARTICLE 53 Annual Town Meeting May 9 , 1988 151185 .49 eel ARTICLE 54 Annual Town Meeting May 9 , 1988 190 , 622 .93 lee I ARTICLE 55 Annual Town Meeting May 9 , 1988 1 ,816 .37 le ARTICLE 57 Annual Town Meeting May 9 , 1988 181787 . 31 ARTICLE 58 Annual Town Meeting May 9 , 1988 9 ,653 .73 ARTICLE 60 Annual Town Meeting May 9 , 1988 21259 .30 11 Ile ee ARTICLE 61 Annual Town Meeting May 9 , 1988 7 ,780 .32 ARTICLE 64 Annual Town Meeting May 9 , 1988 111573 .24 � $259 , 865 .03 ADOPTED UNANIMOUSLY eel le, ARTICLE 33 . To see if the Town will vote to authorize the Board of Select- % ' men , through Town Counsel , to settle and compromise the land damages claims eel 1 , of : 1 . Ford W. Eastman eel 1% Principal — $ 98 , 568 .75 + Interest 2 . Lennette Rogers Atkinson Principal — $ 100 ,375 . 74 + Interest 73 STM — 10/17/88 t against the Town of Brewster and the Board of Selectmen of the Town of Brew- ster and pursued in the Barnstable Superior Court , to exchange mutual releases , and to transfer from Free Cash the sum of Two hundred fifty-four thousand f one hundred seventy and 95/ 100 ( $254 , 170 .95 ) Dollars for the payment and full satisfaction of those claims . ADOPTED UNANIMOUSLY ARTICLE 34 . To see if the Town will vote to transfer from Free Cash the sum of Six thousand five hundred fifty-one and 00/ 100 ($6 ,551 .00 ) Dollars to authorize the Golf Commission to solicit bids and enter into a contract to construct a 640 linear foot macadam path on the fourteenth hole . ADOPTED ARTICLE 35 . To see if the Town will vote to authorize the Board of Select men to sell and convey for One Dollar ( $ 1 .00 ) to James M . Day the interest the Town now holds acting by its Conservation Commission in common with James M . Day in a parcel of land in the southwesterly portion of the Town of Brewster and shown on Brewster Assessor 's Map 39 as Lot 7 - 1 , containing 40 ,095 sq . ft . . INDEFINITELY POSTPONED ARTICLE 36 . To see if the Town will vote that the Board of Selectmen is hereby authorized to acquire by purchase for conservation purposes and passive recreation the land in the southwesterly portion of the Town of Brewster and shown on Brewster Assessor's Map 39 as Lot 7 - 1 , containing 40 ,095 sq . ft . ; that F the sum of Sixty-one thousand and 00/ 100 ($61 ,000 .00 ) Dollars is hereby appropriated for the costs of acquiring this land , including costs incidental and related thereto ; and to raise and appropriate and /or transfer from available Ice ik funds said sum ; and to authorize the Conservation Commission to manage and control the property herein described . INDEFINITELY POSTPONED ARTICLE 37 . To see if the Town will resind the action of May 9 , 1988 authorizing fees and travel charges for Rescue Squad trips to Cape Cod Hospital . DEFEATED ARTICLE 38 . To see if the Town will vote to transfer from Free Cash One hundred thousand and 00 / 100 ( $ 100 ,000 .00 ) Dollars to add to the Stabiliza - tion Fund . ADOPTED UNANIMOUSLY ARTICLE 39 . To see if the Town will vote to transfer from Free Cash the sum of Two thousand three hundred forty and 00/ 100 ( $2 ,340 .00 ) Dollars as provided in Massachusetts General Laws , Chapter 40 , Section 5 , Clause 39 , to 74 {?4 I Ile, IV STM — 10 /17/88 IVI IVI C„ help defray expenses in providing facilities for training , rehabilitation and em ployment of mentally retarded and handicapped residents of the Nauset Work shop , Inc. and to authorize the expenditure of these funds under the direction of the Brewster School Committee . III ADOPTED UNANIMOUSLY IV � MEETING ADJOURNED at 10 : 22 P. M . A true copy , ATTEST : Barbara A . Vaughn , CMC, AAE IV TOWN CLERK V11 V VII 11 4V , 11I I 14 11 IV IV 114 IV 75