HomeMy Public PortalAbout1988-10-17 STM STM — 10/ 17/88
Report of the
SPECIAL TOWN MEETING
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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
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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
$25 ,000 .00 shall be transferred from Line Item 92 of the Fiscal Year 1989
Annual Town Budget for the purpose of preparing , issuing and marketing the
Bonds or Notes issued hereunder and for paying interest on temporary notes
issued in anticipation thereof.
ADOPTED YES 415 NO 26
60
Will
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ARTICLE 10 . To see if the Town will vote to transfer from Free Cash the
sum of Fourteen thousand and 00/ 100 ($ 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 .
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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
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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
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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
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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