HomeMy Public PortalAbout1988-05-09 Annual Town Meeting ATM — 5/9/88
Report of the
ANNUAL TOWN MEETING
May 9 ® 1988
In accordance with the warrant , the Annual Town Meeting was held in the
Brewster Elementary School Cafetorium Monday , May 9 , 1988 .
The meeting was called to order at 7 : 01 P . M . by the Moderator, Stephen L .
Doyle . The Tellers were Dorothy Grenier , June Gallant , Doris Powell , Edwin i
Blease , William Nielsen and J . Ogden Tyldsley , Jr . Checkers were Dorothea
Dugan , Carl Scrivener , Jean Gage , Margo Cathie and Antoinette Mara .
A quorum was present .
The Warrant was read by TownsClerk Barbara A . Vaughn , CMC , with the excep-
tion of the Articles which were read as they were being considered .
RESOLUTION
WHEREAS We , the inhabitants of the Town of Brewster , in the one
hundred and eighty -sixth Annual Meeting assembled May ninth , one thousand
nine hundred eighty -eight, To act and do upon the whole as the inhabitants of
said Town of Brewster shall think proper ;� and
WHEREAS It is appropriate for good citizens to honor their loyal and
faithful public servants . Therefore , the Board of Selectmen , on behalf of all theZII
citizens of the Town of Brewster, extend to the family of the late Albert F .
Ward , Jr . , a standing vote of thanks for his twenty -one years of dedicated service
to the Department of Public Works , starting as a truck driver and working his
way up to Operating Engineer . Al made himself available whenever he was
needed , even if it was on vacation time . We will remember Al and he will live
on forever in the hearts of all who knew him .
THEREFORE We extend our profound thanks and express our deepest
appreciation to the family of Albert F . Ward , Jr . , for his years of dedicated
service .
AND BE IT FURTHER RESOLVED thatthis Resolution be spread upon
the records of the Town as with the Boards doings thereon , and a copy given
to Mrs . Doris Ward ,
Rita A . Lawler , Chairman
Peter S . Farber Paul F . Saint Ruth N . Eddy Robert L . Wilkinson
BREWSTER BOARD OF SELECTMEN I IV
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ARTICLE 1 . To act upon the Annual Report of the Board of Selectmen
and other Town Officers .
ADOPTED
ARTICLE 2 . To hear the report of any Special Committee .
REPORT OF THE FINANCE COMMITTEE
The Warrant for Fiscal Year 1989 , as originally presented to the Finance
Committee , called for an operating budget of approximately $ 11 ,300 ,000, along
with additional expenditures of approximately $3 ,000 ,000 in individual warrant
articles . It was apparent to the Finance Committee that the financial require-
ments of the Town were reflecting the significant growth in population , and
required additional services in all areas of Town Government . Among the
major items contained in the Warrant, and recommended to the Finance Com -
mittee , were $243 ,808 to settle some claims resulting from eminent domain
takings at the Captains Golf Course ; $ 180 ,000 to replace a 32 year old fire
truck ; $624 ,459 for DPW equipment, including requirements to meet the opera-
tional needs of SEMASS ; $931 ,000 for a new DPW Garage/Office Facility ; a
new standpipe for water storage at a total cost of $ 1 , 100,000 , with a first year
cost of $83 , 650 ; and $2,505 ,000 for open space land acquisition , with a first
year cost of $363 , 144 . In addition , the Finance Committee was presented with
a request by the school system for an additional $ 1 , 107 ,000 over the Fiscal Year
1988 budget to meet the operational needs of the school system in Fiscal Year
1989 . The Fiscal Year 1989 budget also includes $ 1 ,840 ,000 to service existing
bonding debt .
These significant expenditures , along with the Towns daily operational
and social service requirements , required the Finance Committee to closely look
at all individual Fiscal Year 1989 budget requests in relation to available funds
and essential services .
The Finance Committee recommendations are the result of deliberations
based upon meetings with those who prepared and will implement the opera-
tional budgets and with those who proposed the individual warrant articles . We
wish to thank the various Town departments and other individuals for their
cooperation in connection with our efforts .
These recommendations are made by the Finance Committee in what its
members believed to be in the best interest of the Town , and in an effort to
minimize the burden on the taxpayers while providing the financial capability
to meet the Towns needs . In those instances where our recommendation is
different from the requested amount, we have attempted to explain reasons for
our recommendation .
The final warrant requests a budget total for Fiscal Year 1989 in the ap-
proximate sum of $ 13 ,785 ,000 . This is an increase of almost $3 ,300,000 over
the Fiscal Year 1988 budget . If the Warrant is approved in its entirety , the Fis-
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cal Year 1989 budget would require an increase of approximately 24% in the net
amount of money to be raised by taxation . However , if the recommendations
of the Finance Committee to reduce the final warrant requests by $ 1 , 177 , 122
are followed , there will be an increase of $2 , 120 , 131 , which would then require
an increase of approximately 10% . This does not include the cost of financing a
DPW Garage/Office Facility and other various items which could amount to
$200,000 or an additional 13% increase in the net amount of money to be
raised by taxation . Also , there is the possibility of another $500 ,000 in trans-
portation equipment for solid waste disposal that would translate to another 5%
increase in the net amount to be raised by taxation .
These projected increases are based upon the best available revenue esti -
mates as of the date of our report . However , the Finance Committee cannot
predict the effect of these projected revenue increases on each taxpayer because
of the ongoing town -wide property revaluation .
REPORT OF ELLIOT G . CARR
CHAI RMAN
CAPITAL OUTLAY COMMITTEE
Two years ago the total debt which the town was responsible for stood at
approximately $6 ,000 ,000 .
Two months ago , when the Committee reported to the Selectmen and
Finance Committee , it stood at approximately $ 16 ,000 ,000 .
$27 ,000,000 of proposed "capital " expenditures for the next four years
were presented to the Committee by various Town Boards . Many are for ne-
If
cessities .
It is clear that in a five year period beginning last year the debt which the
town is responsible for will rise approximately six fold to between $30 and $40
million . For this reason the Committee predicted last year that the tax rate will
double over the next five year period . Although predicting tax rates more than
a year down the road is speculation , we now believe that was an understatement,
if anything .
With this background , the Committee made eleven recommendations in
its report . The two most important are :
*That necessary capital projects , primarily for schools , water and public
works , including rubbish removal , be considered before non -necessities ,
including land .
We did not reject further land purchases . We did say that consideration
should be deferred until after consideration of the necessities . That recommen -
dation is now somewhat irrevelant , in light of the warrant before you ,
* Our second major recommendation has also been essentially ignored , by
omission in this instance , not commission .
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Inasmuch as the cost of providing essential services to newly developed
units far exceeds that to existing units in that expansion of services at current
costs is far more expensive than maintenance of existing services , the Committee
recommended that study be undertaken to see if some of the expense of expand -
ing the water and other departments can be passed onto newly developed units
through higher hook-up fees . In some rapidly developing California towns , it
costs as much as $20,000 to hook up to all town services .
The town should at least explore this method of financing the expansion
of services necessitated by rapid development .
Our report , including all recommendations , is available at the Town Clerks
office .
Inasmuch as this is my last statement on behalf of the Committee , I thank
you for the opportunity to serve .
ARTICLE 3 . To see if the Town will vote to authorize the Town Treasurer ,
with the approval of the Board of Selectmen , to borrow money from time to
time in anticipation of the revenue for the financial year beginning July 1 , 1988
in accordance with the provisions of the General Laws, Chapter 44 , Section 4,
and to issue a note or notes as may be given for a period of less than one ( 1 )
year , in accordance with the General Laws , Chapter 44 , Section 17 .
ADOPTED UNANIMOUSLY
ARTICLE 4 . To see if the Town will vote to take no action regarding its
Herring or Alewife Fishery .
ADOPTED UNANIMOUSLY
ARTICLE 5 . To see if the Town will vote to raise and appropriate the sum
of One hundred twenty and 00/100 ( $ 120 . 00 ) Dollars to pay an unpaid bill
from a previous fiscal year from John F . Paget , M . D .
ADOPTED UNANIMOUSLY
ARTICLE 6 . To see if the Town will vote to transfer from free cash the sum
of Thirty -four thousand and 00/ 100 ( $34 ,000 .00 ) Dollars to be added to the
current Fiscal Year 1988 elementary school budget to pay for additional trans-
portation expenses , unanticipated Special Needs costs and two additional Kin-
dergarten Aides .
ADOPTED UNANIMOUSLY
ARTICLE 7 . To see if the Town will vote to adopt the following general
by - law :
The Board of Selectman is authorized and required to set and collect a
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fee for the use of the Town -owned and operated ambulance service .
ADOPTED YES 267 NO 204
ARTICLE 8 . To see if the Town will vote to amend the Personnel By -law ,
Section I , effective July 1 , 1988 , by deleting the following sentences in the
first paragraph :
" For positions covered by collective bargaining agreement
or any other
such
special agreement , the provisions of the By law apply
agreement contains a condition contrary to the provisions of the By -law .
( In such instances the provisions of the collective bargaining agreement
or other agreement shall prevail . ) "
and substituting therefor the following language :
11Theprovisions of this By -law shall not be applicable to employees cov -
ered under collective bargaining agreements except where such collective
I ]
bargaining agreements expressly so provide .
ADOPTED
ARTICLE 9 . I move that the Town vote to amend the Personnel By -law
e Personnel By -law and Salary Scale , effective July
Classification Schedule and th
1 , 1987 , by deleting the present Personnel By -law Wage and Salary Scale and
in its place the Classification Plan
Classification Schedule and by substituting
and the Wage and Salary Structure which is based upon 52 .2 weeks for fiscal
year 1989 and which will become effective July 1 , 1988 , and to amend the Per-
sonnel By -law Wage and Salary Structure by adding a cost of living adjustment
of 5% computed upon a 52 week year and to raise and appropriate the sum of
$42 ,500 to fund this Reclassification and Wage Adjustment , to exclude from the
Classification Plan and Wage and Salary Structure the position of Golf Profes-
sional Manager which shall be classified on an annual basis by the Personnel
Board .
PERSONNEL BY- LAW WAGE AND SALARY STRUCTURE
EFFECTIVE JULY 1 , 1988
35 hours MAXIMUM
GRADE MINIMUM
$ 12 ,940 . 20 $ 161380 .00
2 13 ,995 .80 17 ,690 .40
3 150106 .00 19 , 110 .00
4 161307 .20 20 ,620 .60
17 ,617 .60 22 ,295 .00
5
519 ,019 .00 241060 .40
7 20 ,729 .80 26 ,244 .40
8 22 ,604 .40 28 ,574 .00
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GRADE MINIMUM MAXIMUM
9 24 ,624 .60 31 , 158 .40
10 261845 .00 33 ,979 .40
11 29 ,265 .60 37 ,037 .00
12 31 ,886 .40 40 ,367 . 60
13 34 ,762 .00 431,989 .40
14 37 ,892 .40 47 ,938 .80
15 41 ,314 .00 52 ,270 .40
16 45 ,026 .80 56 ,966 .00
40 hours
GRADE MINIMUM MAXIMUM
1 $ 14 ,788 .80 18 ,720 .00
2 150995 . 20 20 ,217 . 60
3 171264 .00 21 ,840 .00
4 18 ,636 .80 23 ,566 .40
5 200134 .40 25;480 .00
6 210736 .00 27 ,497 .60
7 23 ,691 .20 29 ,993 . 60
g 25 ,833 . 60 32 ,656 . 00
9 28 , 142 .40 35 ,609 . 60
el 10 30 ,680 .00 38 ,833 . 60
11 33 ,446 .40 42 ,328 . 00
j 12 36 ,441 . 60 46 , 134 .40
13 39 ,728 .00 50 ,273 .60
14 43 ,305 .60 54 ,787 . 20
15 47 ,216 .00 59 ,737 . 60
16 51 ,459 . 20 65 , 104 .00
PERSONNEL BY- LAW CLASSIFICATION PLAN
EFFECTIVE JULY 11 1988
TITLE SCHEDULE GROUP
Landfill Gatekeeper 40 1
Custodian 40 2
Senior Clerk 35 3
Head Custodian 40
Golf Course Shiftman 40
Administrative Clerk 35 4
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TITLE SCHEDULE GROUP
Assistant Treasurer 35 6
Administrative Secretary 35
Local Inspector 35
Council on Aging Administrator 35 7
Assistant Health Director 35
Director of Recreation 35
Health Director 35 9
Administrative Assistant 35
Conservation Administrator 35
Deputy Assessor/Director of Revaluation 35 10
Inspector of Buildings/Zoning Agent 35
Town Accountant/ Computer Coordinator 35 11
Golf Course Superintendent 35
Water Systems Superintendent 35
Fire Chief 35 12
Superintendent of Public Works 35
ADOPTED
ARTICLE 10 . 1 move that the Town vote to approve Article 10 as printed in
the Warrant, and to raise and appropriate a total of $33 , 158 .00 to fund the
proposed Pay and Classification Plan and the Wage Adjustment in the operating
budget .
ADOPTED
ARTICLE 11 . I move that the Town vote to approve Article 11 as printed in
the Warrant by increasing the Personnel By -law Fixed Wage rates by 5% and to
raise and appropriate the sum of $9 ,366 .00 for this purpose .
ADOPTED
ARTICLE 12 . To see if the Town will vote to amend the Personnel By -law
Classification Schedule , to be effective July 1 , 1988 , by deleting the following :
Assistant Wiring Inspector Fee Ten and 00/ 100 ( $ 10 .00 ) Dollars per
inspection ,
and add the following in place thereof :
Assistant Wiring Inspector Fee Twelve and 00/ 100 ( $ 12 .00 ) Dollars per
inspection .
ADOPTED UNANIMOUSLY
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ARTICLE 13 . To see if the Town will vote to raise and appropriate the sum
of $38 ,500 . 00 to be used to meet the terms and conditions of the Collective
Bargaining Agreement effective July 1 , 1988 , between the Town of Brewster
and the Service Employees International Union , Local 254 .
ADOPTED
ARTICLE 14 . 1 move that the Town vote to postpone consideration of
Article 14 until after Article 113 ,
ADOPTED
ARTICLE 15 . To see if the Town will vote to amend the Personnel By -law
Classification Schedule , to be effective July 1 , 1988 , by deleting the position of
Assistant Health Agent ( Part-time ) and to add the following new positions in
the Personnel By - law Classification , Wage and Salary Schedule , effective July
1 , 1988 :
POSITION
Assistant Health Agent — 35 hours
Grade 7
Position Range Minimum Maximum
$ 19,821 .00 $25 ,079 . 89
POSITION
Town Carpenter 40 hours
Grade 7
Position Range Minimum Maximum
$221654 .80 $28 ,665 . 55
POSITION
Clerk/ Dispatcher Fire Department 40 hours
Grade 3
Position Range Minimum Maximum
$ 16 ,495 .20 $20 ,871 . 69
POSITION
Outreach Worker — Council on Aging — (35 hour schedule )
Grade 3
E
Position Range Minimum Maximum
$ 141435 .37 $ 181265 .34
f
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and to raise and appropriate $55 ,635 .03 to fund the adjustment resulting from
such change .
ADOPTED
ARTICLE 16 . To see if the Town will vote to adopt the following general by -
laws , which will not become effective until May of 1989 :
The Clerk of the Town of Brewster shall be elected by ballot for a term of
three ( 3 ) years .
The Treasurer of the Town of Brewster shall be appointed by the Board of
Selectmen to serve a term of three ( 3 ) years , unless sooner removed for cause .
The Town Collector of the Town of Brewster shall be appointed by the
Board of Selectmen to serve a term of three ( 3 ) years , unless sooner removed for
cause .
At the option of the Board of Selectmen , the Board may appoint a Treas-
urer who shall serve in all respects as the Town Collector , and in such event,
there shall not be a separate Town Collector.
The Town Collector may use all means of collecting taxes which a Town
Treasurer may use when appointed a Town Collector , and the Town Collector
may collect under the title of Town Collector of the Town of Brewster all
accounts due the Town .
ADOPTED
ARTICLE 17 . 1 move that the Town vote to approve the apportioned share of
2 ,442 ,046 . 00 for the 1988 - 1989 budget for the Nauset Regional School ,
ADOPTED UNANIMOUSLY
ARTICLE 18 . 1 move that the Town vote to approve the apportioned share
of $225 ,907 .00 for the 1988- 1989 Regional School District Budget for the Cape
Cod Regional Technical School District .
ADOPTED UNANIMOUSLY
ARTICLE 19 . 1 move that the Town vote to raise and appropriate the sum of
$ 11 ,255 ,767 .00 to defray Town charges and expenses , including educational
funding , for the Fiscal Year ending June 30 , 1989 .
1 Selectmen 's Sec . $20 ,953 . 00
2 Expenses 13 ,850 . 00
3 Capital Improvement 12 ,000 . 00
4 Educational Reimbursement 21000 .00
5 Greenhead Fly 206 .80
6 Employee Award 0 .00
7 Executive Secretary 451000 .00
8 Staff Wages 69 ,402 .00
9 Expenses 5 ,400 .00
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10 Out State Travel 700 .00
11 Legal Expenses 60 ,000. 00
12 Professional Expense 40 ,000 . 00
13 Legal Advertising 3 ,000 .00
14 Town Reports 10 ,000 . 00
15 Unemployment 12 ,000 . 00
16 Insurance 252 ,500 .00
17 Town Share Group 308 , 125 .00
18 Town Share FICA 25 ,000 . 00
19 Barnstable County Retirement 218 ,823 . 00
20 Data Processing Expense 39 , 100 . 00
21 Word Processor Expense 2 ,400 . 00
22 Elections Expense 12 ,034 .00
23 Town Meeting Expense 21450 . 00
24 Registrars Salary 300 .00
25 Expenses 110244 . 00
26 Community Center 40 ,078 . 00
27 Expenses 58 ,400 .00
28 Finance Committee 11400 . 00
29 Capital Outlay Comm . 500 . 00
30 Accounting Salaries 47 ,840 .00
31 Expenses 2 ,450. 00
32 Audit Expense 13 ,000 . 00
33 Assessors Salaries 69 ,392 . 00
34 Expenses 11 ,410 .00
35 Treasurer/Collector Staff Wage 94 ,471 . 00
36 Expenses 102 ,325 . 00
37 Temporary Loans 0200
38 Town Clerk Expenses 41740 . 00
39 Out of State Travel 450 . 00
40 Board of Health Salaries 56 , 111 . 00
41 Expenses 51545 .00
42 Out of State Travel 275 . 00
43 Visiting Nurse Assoc . 51768 . 00
44 Council on Aging Salaries 52 ,971 . 00
45 Bus Driver 91898 . 00
46 Expenses 13 ,300 . 00
47 Veterans ' Expense 9500 . 00
48 District Assessment 8 ,205 . 00
49 Pension Comm Mass 800 .00
50 Arlington Vet 400. 00
51 Board of Appeals Expense 8 ,955 . 00
52 Planning Board Salaries 20 ,715 .00
53 Expense 21350 .00
54 Expert Fee Acct . 5 ,000 .00
55 Police Dept . Wages 6741290 .00
56 Expenses 41 ,010 . 00
57 Station Expense 610172 . 00
58 Out of State Travel 11200 . 00
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8
27 ,960 . 00
59 Gasoline Expense 24 ,500 .00
60 Telephone Expense 43 ,500 . 00
62 Cruiser Expense 81000 .00
62 Dog Officer Salary 2 ,000 .00
63 Sealer of Weights & Measures Salary 250 .00
64 Expenses 275 ,000 .00
65 Fire Department Salaries 96 ,773 .00
73 Building Inspector Salary 5 ,890 .00
74 Expenses 2 ,250 .00
75 Gas Inspector Salary 250 .00
76 Expenses 24 ,229 .00
77 Plumbing Inspector Salary 500 .00
78 Expenses 19 ,225 .00
79 Wiring Inspector Salary 250 .00
80 Expenses 150 .00
81 Alewives Committee 300 .00
82 Expenses 500 .00
83 Herring Run Expense 2 ,442 ,046 .00
84 Nauset Regional School 225 ,907 .00
85 Cape Cod Technical School 1 ,574 , 178 .00
86 Elementary School 1 ,229 ,00
87 Out of State Travel 110 ,821 .00
88 Tri -Town Septage Plant 372 ,606 .00
89 DPW Salary and Wages 6 ,247 .00
90 New 1 /2 Sen Clerk 14 ,470 .00
91 New Laborer 439 ,735 .00
92 Expenses 600 .00
93 Dutch Elm Disease 44 , 150 .00
94 Snow and Ice Expense 28 ,000 .00
95 Road Machine Expense 2 ,000 . 00
96 Insect Pest Control 14 ,420 .00
97 Diesel Expense 12 ,000 .00
98 Street Lighting Expense 196 ,935 . 20
99 Water Department Salaries 300 .00
100 Out of State Travel g pgg ,00
101 Office Expense 77 ,305 .00
102 Operation Expense 3 180 .00
103 Building Expense 7 ,080 .00
104 Equipment Expense 10 ,421 .00
105 H . D . C . Expense 1 ,255 .00
106 Regional Assessment 150 .00
107 Brewster Historical Commission 1 ,975 .00
108 Land Acquisition Comm . Expense 150 .00
109 Out of State Travel 26 ,310 .00
110 Conservation Commission Salary 14 , 105 .00
111 New Senior Clerk
6 ,770m00
112 Expenses 50 .00
113 Out of State Travel 12026 .00
114 Library Expenses
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x
115 Recreation Dept . Salaries 34 ,442 .00
116 Expenses 29 , 169 .00
117 Golf Maintenance Salaries 127 ,493 .00
118 Administration Salaries 91 ,035 . 00
119 New Laborer 21363 . 00
120 Overtime 12 ,000 . 00
121 Expenses 154 ,957 .00
122 Out of State Travel 81080 . 00
123 Insurance Study Comm . 150 . 00
124 Nickerson State Advisory Comm . 150 .00
125 Water Quality Comm . 150. 00
126 Comm . for Handicapped 150 . 00
127 Retired Teacher 1 ,200 .00
128 Old Mill Sites Comm . 2 ,600 .00
129 Mem/Vet Day Expenses 11000 . 00
130 Christmas Lights Expense 150 . 00
131 Debt Service 118401783 . 00
GRAND TOTALS $ 11 , 255 ,767 . 00
ADOPTED
ARTICLE 20 . To see if the Town will vote to accept an Equal Education Op-
portunity Grant to the Nauset Regional School District for fiscal year 1989 in
the amount of Sixty -three thousand one hundred seventy and 00/ 100
( $63 , 170 .00 ) Dollars , under the provisions of Section 5 of Chapter 70A of the
General Laws , as inserted by Section 12 of Chapter 188 of the Acts of 1985 .
ADOPTED UNANIMOUSLY
ARTICLE 21 . To see if the Town will vote to accept an Equal Educational
Opportunity Grant to the Brewster Elementary School for fiscal year 1989 in
the amount of Thirty -three thousand five hundred thirty and 00/ 100
($33 ,530 .00 ) Dollars under the provisions of Section 5 of Chapter 70A of the
General Laws , as inserted by Section 12 of Chapter 188 of the Acts of 1985 .
ADOPTED UNANIMOUSLY
ARTICLE 22 . To see if the Town will vote to fix the salary and compensa -
tion of all elected officers of the Town as provided by Section 108 , Chapter 41 ,
of the Massachusetts General Laws as amended , for the twelve month period
beginning July 1 , 1988 as follows :
ELECTED OFFICIALS
FY 1989 Requested
Moderator $ 300 .00
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Selectmen Assessors
Chairperson 11250 .00
Other Members 41000 .00
Town Clerk 81662 .50
Treasurer/Collector 25 ,987 .50
Constable 250 .00
Water Commissioners ( 3 )
Chairperson 800 .00
Other Members 1 ,400 .00
Total $42 ,650 .00
and to raise and appropriate the sum of Forty -two thousand six hundred fifty
( $42 ,650 . 00 ) Dollars to pay these salaries .
ADOPTED
ARTICLE 23 . To see if the Town will vote to transfer from Overlay Surplus
the sum of One hundred twenty -five thousand and 00/ 100 ( $ 125 ,000 .00 )
Dollars to fund the Finance Committee Reserve Account .
ADOPTED UNANIMOUSLY
ARTICLE 24 . 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
of :
1 ) Herman E . Howes
Principle $ 841900 .00
Interest 38 ,350 .00
Total $ 123 ,250A0
2 ) Richard B . Will , et al ,
Principle $ 821315 .00
Interest 38 ,243 .00
Total $ 120 , 558 .00
against the Town of Brewster and the Board of Selectmen of the Town of Brew-
ster in Barnstable Superior Court , to exchange mutual releases , and to raise and
appropriate the sum of One hundred sixty -seven thousand two hundred fifteen
and 00/ 100 ( $ 167 ,215 . 00 ) Dollars plus interest not exceeding the amount of
Seventy -six thousand five hundred ninety -three and 00/ 100 ( $76 ,593 . 00)
Dollars for the payment and full satisfaction of those claims .
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ADOPTED UNANIMOUSLY
ARTICLE 25 . To see if the Town will vote to raise and appropriate the sum
of Six thousand thirty and 00/ 100 ( $6 ,030 . 00 ) Dollars to be used as a portion
of the local share for a grant from the State and /or Federal Government for the
purpose of carrying out a Facilities Plan for a Tertiary Treatment Alternative
Study for the Tri -Town Septage Treatment Facility .
ADOPTED UNANIMOUSLY
ARTICLE 26 . To see if the Town will vote to authorize the Board of Select-
men to negotiate with other Cape Cod towns for the purpose of building a
Regional Solid Waste Transfer Station Facility at the Commerce Park on Free -
man Is Way and /or to negotiate with other Cape Cod towns for the purpose of
entering into an inter-municipal agreement for the purpose of a Solid Waste
Disposal District , and to raise and appropriate , and/or transfer from available
funds, a sum of money to defray all expenses of these negotiations .
INDEFINITELY POSTPONED
ARTICLE 27 . To see if the Town will vote to amend the following general
by - law :
All bonding articles except those of an extreme emergency nature, or
those submitted by petition , must be considered and voted only at the Annual
Town Meetings ;
so that it will hereafter read as follows :
All bonding articles , except those of an extreme emergency nature or
those submitted by petition , must be considered and voted only at Annual Town
Meetings . For purposes of this by - law , the phrase "extreme emergency condi -
tion " shall require unusual and unforeseen circumstances , an exceptional
situation , and a need for haste , and it shall concern a matter of substantial
importance to the Town .
ADOPTED UNANIMOUSLY
ARTICLE 28 . To see if the Town will vote to designate for official Town
status the Board of Trades Brewster in Bloom it Festival .
ADOPTED UNANIMOUSLY
ARTICLE 29 . To see if the Town will vote to accept the renumbering of
various by -laws of the Town from their original numbering to the numbering
or codification , arrangement , sequence and captions as set forth in the Code of
the Town of Brewster, dated 1986 and published by General Code Publishers
Corp , of Rochester, New York ; said codification having been done under the
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direction of the Board of Selectmen , Town Counsel and Town Clerk , and said
Code being a compilation of the present by -laws of the Town and creating no
F .
substantive changes in the text thereof.
ADOPTED UNANIMOUSLY
ARTICLE 30 . To see if the Town will vote to adopt the following general
by -law :
The Sealer of Weights and Measures shall be authorized to charge and
collect fees in the following categories for the following amounts :
Present Proposed
SCALES :
Over 10,000 lbs . $25 .00 $50 .00
5 ,000 to 10,000 lbs . 15 .00 30 .00
1 ,000 to 5 ,000 lbs . 10 .00 20.00
100 to 1 ,000 lbs . 5 .00 10 .00
Over 10 , but less than 100 lbs . 3 .00 5 .00
10 lbs . or less 2 .00 5200
WEIGHTS :
Avoirdupois (each ) $ .25 $ 1200
Metric ( each ) . 25 1 .00
Apothecary ( each ) . 25 1 .00
Troy ( each ) .25 1 . 00
LIQUID MEASURES :
Inlet 1 /2 " or less Oil and Grease $ 2 .00 $ 5 .00
Inlet 1 /2 " to 1 " Gasoline Pump 4 .00 8 . 00
Inlet more than 1 "
Vehicle Tank Pump 8 .00 15 .00
Vehicle Tank Gravity 10 .00 20 .00
Bulk Storage 20 .00 40 .00
Bulk with prover supplied 10 .00 20 . 00
OTHER :
Taxi Meter $ 4 .00 $ 6 . 00
Odometer 4 .00 6 .00
Fabric Measure 2 .00 4 .00
Leather Measure 2 .00 4 . 00
All other Measures .25 1 .00
ADOPTED UNANIMOUSLY
ARTICLE 31 . To see if the Town will vote to approve the following regula-
tions for the use of Long Pond and to raise and appropriate the sum of Seven
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thousand seven hundred and 00/ 100 ( $7 ,700 .00 ) Dollars for the purpose of pur-
chasing , constructing , and installing buoys, anchors , and cables at Long Pond .
These Regulations are being presented in identical form to Town Meetings in
Brewster and Harwich and require approval of both Towns . They are to be
voted approval or disapproval , but are not subject to amendment .
REGULATIONS FOR THE USE OF LONG POND
1 . All motorboats , including jet skis and similar personal watercraft , shall be
operated at headway speed ( 6 mph , or enough speed to maintain steering con -
trol ) within 150 feet of the shoreline of Long Pond , except for police and /or
emergency boats .
2 . No motorboat shall be operated at any time on the waters of Long Pond
at a speed greater than is reasonable and proper having regard to the lives and
safety of the public ; the state of visibility ; the traffic density ; the maneuver-
ability of the vessel ; the state of wind , water and current ; and the proximity
of navigational hazards . On Long Pond , speed by a motorboat , jet ski water-
craft , surfjet watercraft or wetbike watercraft , or similar personal watercraft,
in excess of forty -five (45 ) miles per hour shall be presumed to be in excess of
a reasonable and proper speed .
3 . A. ) ENFORCEMENT : Long Pond is a Great Pond owned by the Com -
monwealth of Massachusetts . These regulations are intended to supplement the
State regulations and are additional to the restrictions on distance and headway
speed in 323 CMR Division of Law Enforcement , Section 2 .07 . ( 1 ) and ( 3 ) . The
Towns of Brewster and Harwich hold common jurisdiction for law enforcement
purposes and Long Pond is patrolled by Police of both Towns .
B . ) PENALTIES : Operators and/or owners who violate these regulations
shall be fined as follows :
First Offense : $ 50 . 00
Second Offense : 100 .00
Third and subsequent Offenses 200.00
4 . To assist in enforcement and designate the areas for boaters , swimmers ,
and law enforcement personnel , marker buoys are to be placed in appropriate
locations around the perimeter of Long Pond designating the One hundred fifty
( 150 ) foot distance from shore and the Three hundred ( 300 ) foot distance
from public bathing beaches required by the Commonwealth . Each Town
( Brewster and Harwich ) is to provide the marker buoys for its shoreline , and
they are to be placed under the joint direction of the Police Chiefs of the two
Towns and the Division of Marine Law Enforcement . The area shoreward of
these markers is designated " Headway Speed Zone, " and these marker buoys
should so indicate .
ADOPTED UNANIMOUSLY
MEETING ADJOURNED at 10 : 35 p . m . until May 10, 1988 at 7 : 00 P . M .
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MEETING called to order at 7 : 00 p . m . Tuesday , May 10 , 1988 .
ARTICLE 32 . To see if the Town will vote to raise and appropriate the sum
of Twenty -five thousand and 00/ 100 ( $25 ,000 .00 ) Dollars to be used for the
maintenance and repair of the second ( 2nd ) floor of the Old Town Hall Building ,
said funds to be expended under the direction of the Board of Selectmen .
ADOPTED
ARTICLE 33 . To see if the Town will vote to authorize the Board of Select-
men to enter into a contract or contracts for architectual and/or engineering
services for the Community Center/Town Hall Building and to raise and appro-
priate the sum of Fifteen thousand and 00/ 100 ( $ 15 ,000 .00 ) Dollars for this
purpose .
ADOPTED
ARTICLE 34 . To see if the Town will vote to raise and appropriate from
available funds the sum of Twenty -four thousand nine hundred and 00/ 100
( $24 ,900 . 00 ) Dollars to purchase and install a voice corr+ munication recording
system for use by the Police and Fire Departments and to authorize the Chief
of Police to trade in or dispose of the existing Dictaphone 4000 unit.
ADOPTED UNANIMOUSLY
ARTICLE 35 . To see if the Town will vote to authorize the Board of Select-
men to solicit bids and enter into contracts for the purchase , installation , sup-
port and operation of computer hardware and software for use in all Town of
Brewster Departments and Offices , and to raise and appropriate the sum of
Seventy thousand and 00/ 100 ( $70 ,000 . 00 ) Dollars to be expended for this
purpose .
ADOPTED
ARTICLE 36 . To see if the Town will vote to raise and appropriate the sum
of Eight thousand and 00/ 100 ( $8 ,000 .00 ) Dollars for the purpose of maintain -
ing and enhancing the grounds at the Stony Brook Mill Site , to include but not
be limited to the rebuilding of the wooden sluiceway which feeds the water
wheel . Said funds to be managed and dispersed by the Mill Site Committee .
ADOPTED UNANIMOUSLY
ARTICLE 37 . To see if the Town will vote to raise and appropriate , and /or
transfer from available funds , the sum of Twenty -four thousand and 00/ 100
( $24 ,000 . 00 ) Dollars , and to authorize the Golf Commission to solicit bids and
enter into a contract or contracts to construct three ( 3 ) cart paths .
DEFEATED YES 151 NO 164
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ARTICLE 38 . To see if the Town will vote to raise and appropriate the sum
of Sixteen thousand two hundred and 00/ 100 ( $ 16 ,200.00 ) Dollars for the pur
pose of purchasing , equipping, and maintaining the following equipment :
One ( 1 ) riding triplex greens mower $ 13 ,200.00
One ( 1 ) walking greens mower 31000. 00
ADOPTED
ARTICLE 39 . To see if the Town will vote to authorize the Golf Commis-
sion to investigate the possibility of acquiring land east of the Captains Golf
s Course for an additional nine ( 9 ) golf holes and to raise and appropriate , and/or
transfer from available funds , the sum of Fifteen thousand and 00/ 100
( $ 15 ,000 .00 ) Dollars for engineering , appraisal and other professional expenses .
INDEFINITELY POSTPONED
ARTICLE 40 . To see if the Town will vote to raise and appropriate the sum
of Seven thousand five hundred and 00/ 100 ( $7 ,500 .00 ) Dollars to purchase and
equip one ( 1 ) new vehicle to be used under the direction of the Conservation
Administrator, with the approval of the Board of Selectmen .
DEFEATED
ARTICLE 41 . To see if the Town will vote to raise and appropriate the sum
of One hundred eighty thousand and 00/ 100 ( $ 180 ,000 .00 ) Dollars to purchase
and equip a Triple Combination Class A Pumper . Said funds to be expended
under the direction of the Fire Chief . The new engine shall be a replacement
for the present 1957 Ford Pumper , and the Fire Chief shall be authorized to
dispose of the 1957 Ford in the best means possible .
ADOPTED UNANIMOUSLY
ARTICLE 42 . To see if the Town will vote to raise and appropriate the sum
of Twenty -four thousand eight hundred fifty -nine and 00/ 100 ( $24 ,859 .00)
Dollars for roadway improvement to be reimbursed by the State under Chapter
90 Provisions .
ADOPTED UNANIMOUSLY
ARTICLE 43A . I move that the Town vote to raise and appropriate the sum
of One hundred forty thousand and 00/ 100 ($ 140 ,000 . 00 ) Dollars to rehabili -
tate Robbins Hill Road from Saints Landing to New Beach and Paine 's Creek
Road from Lower Road to Paine ' s Creek Landing .
ADOPTED
ARTICLE 43B . I move that the Town vote to raise and appropriate the sum of
One hundred thousand and 00/ 100 ( $ 100,000 . 00 ) Dollars for engineering and
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to begin reconstruction of Stony Brook Road from A . P . Newcomb Road west
to Route 6A .
ADOPTED
ARTICLE 43C . I move that the Town vote to raise and appropriate the sum of
Thirty -five thousand and 00/ 100 ( $35,000 . 00 ) Dollars for the surface treatment
of Freeman 's Way and Lower Road .
DEFEATED
ARTICLE 43D . I move that the Town vote to raise and appropriate the sum of
Four thousand and 00/ 100 ( $4 ,000 .00 ) Dollars for the design and reconstruc-
tion of a traffic island at the intersection of Freeman 's Way and Route 137 .
ADOPTED
ARTICLE 44 . To see if the Town will vote to raise and appropriate the sum
of Twelve thousand and 00/ 100 ( $ 12 ,000 . 00 ) Dollars for the purpose of con -
structing a sidewalk on Snow Road .
ADOPTED
ARTICLE 45 . To see if the Town will vote to raise and appropriate the sum
of Ten thousand and 00/ 100 ( $ 10,000 . 00 ) Dollars for the installation of drain-
age structures on Underpass Road in the area of Kings Landing entrance .
ADOPTED
ARTICLE 46 . To see if the Town will vote to raise and appropriate the sum
of Fourteen thousand nine hundred and 00/ 100 ( $ 14 ,900 .00 ) Dollars to re-
habilitate the traffic control device at Route 124 and Route 137 and the school
zone signals on Underpass Road .
ADOPTED
_ ARTICLE 47 . To see if the Town will vote to raise and appropriate the sum
of Two thousand two hundred and 00/ 100 ( $2 , 200 .00 ) Dollars for the repair of
the roof of the D . P . W . Garage/Office Facility ,
ADOPTED UNANIMOUSLY
a
ARTICLE 48 . To see if the Town will vote to authorize the Board of Select-
men to enter into a contract for the creation of a landfill closure plan ; develop-
- ment of bid specifications and documents ; and permitting assistance , and to
raise and appropriate the sum of Twelve thousand six hundred and 00/ 100
( $ 12 ,600. 00 ) Dollars for this purpose .
ADOPTED UNANIMOUSLY
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;
ARTICLE 49 . 1 move that the Town vote to authorize the Board of Select-
men to purchase and equip fully a forty -four thousand GVW dump truck and to
authorize the Public Works Superintendent to dispose of a 1980 dump truck and
to raise and appropriate the sum of $68 ,000.00 for this purpose .
DEFEATED
ARTICLE 50 . 1 move that the Town vote to raise and appropriate the sum of
$ 180 ,000 . 00 for the purchase of a landfill compactor and a brush processing
machine .
ADOPTED UNANIMOUSLY
ARTICLE 51 . 1 move that the Board of Selectmen is hereby authorized to
solicit bids and to enter into contracts for the purpose of completing the design ,
constructing , original equipping and furnishing of a Department of Public Works
Garage and Office Facility to be built at the current landfill site on Run Hill
Road ; that the sum of $850,025 .00 is hereby appropriated to pay for this pro-
ject and all costs incidental and related thereto ; that to raise this appropriation
the Treasurer, with the approval of the Board of Selectmen , is hereby authorized
to borrow the sum of $772 ,750 .00 under and pursuant to Chapter 44, Section
7 ( 3 ) of the General Laws, or any other enabling authority , and to issue bonds
or notes of the Town therefor ; that the further sum of $77 ,275 . 00 is raised
and appropriated 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 : that the Board of Selectmen is authorized to apply for,
accept and expend any funds which may be provided by the Commonwealth
or otherwise to defray a portion of the project costs ; provided that the amount
of bonds or notes authorized hereunder shall be reduced by the amount of any
grant monies received prior to the sale of such bonds or notes ; provided that no
money shall be expended or borrowed under this vote unless the Town shall
have voted at a regular or special election to exempt the amounts required to
pay the bonds and notes from the limitations of Proposition 2 1 /2 , so called .
ADOPTED UNANIMOUSLY
ARTICLE 52 . To see if the Town will vote to raise and appropriate the sum
of Sixty thousand and 00/ 100 ( $60 ,000 .00) Dollars to be used by the Brewster
Industrial Development Financing Authority for the purpose of extending the
paved access road into the Town -owned Commerce Park in order to open up
four additional parcels for lease . This money to be returned to the Town from
the Rental revenue .
ADOPTED
Move to reconsider Article 37 .
DEFEATED
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ARTICLE 53 . 1 move that the Board of Selectmen is hereby authorized to
.
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
recreation , watershed protection , housing or other public purposes , the real
property described as follows :
Brewster Assessors ' Map Acres Title Reference
Map 98 -- Entire , Excluding 42 acres +/- Title research t
Lots 34 and 39 , which are x
properly referred to as Map 51 ,
Lot 34 and Map 51 , Lot 39
that the sum of $87 , 185 .49 is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : That to raise this
appropriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $87 , 185 .49 under and pursuant to Chapter
44 , Section 7 (3 ) of the General Laws or any other enabling authority , and to
issue bonds or notes of the Town therefor ; that the further sum of $ 15 ,815 .49
is raised and appropriated 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 ; that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the Com -
monwealth or otherwise to defray a portion of the costs of acquiring this prop-
erty , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Board of Selectmen is author-
ized to manage and control the property described herein ; provided that not
money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitations of Proposition 2 1 /2 , so called .
ADOPTED YES 188 NO 61
ARTICLE 54 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws , Chapter 79 , and any other authority for conservation ,
passive recreation , watershed protection purposes, as provided in Massachusetts
General Laws Chapter 40 , Section 8 (c ) , the real property described as follows :
Brewster Assessors ' Map Acres Title Reference
Map 31 , Lot 30 20 .27 Land Court Certificate
of Title dated April 20 ,
1982 and deed
document #293 ,773 ,
registered April 20 ,
1982
that the sum of $ 1 , 190 ,622 .93 is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : that to raise this ap-
114
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propriation the Treasurer, with the approval of the Board of Selectmen , is
authorized to borrow the sum of $ 1 ,000,000 .00 under and pursuant to Chapter
44 , Section 7 ( 3 ) of the General Laws or any other enabling authority , and to
issue bonds or notes of the Town therefor ; that the further sum of $ 190 ,622 . 93
is raised and appropriated 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 ; that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the Com -
monwealth to include funding under Massachusetts General Laws , Chapter
132A, Section 2 , or otherwise to defray a portion of the costs of acquiring this
property , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control the property described herein ; provided that
not money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitations of Proposition 2 1 /2 , so called .
ADOPTED YES 323 NO 49
MEETING adjourned at 10 : 44 P . M . until May 11 , 1988 at 7 : 00 P . M .
MEETING called to order at 7 : 02 P . M . May 11 , 1988 .
ARTICLE 55 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
passive recreation , and watershed protection purposes , as provided in Massachu -
setts General Laws Chapter 40 , Section 8 ( c ) , the real property described as
follows :
Brewster Assessors° Map Acres Title Reference
Map 31 , Lot 25 2 . 2 No documents found
Map 31 , Lot 27 0 . 5 Book 977 , Page 42
Map 31 , Lot 28 3 . 8 Book 194 , Page 294
owner unknown
Map 31 , Lot 28 -2. 1 . 0 Book 3255 , Page 263
and Book 194 , Page
295
Map 31 , Lot 29 1 . 2 Book 836 , Page 397
Total Acres : 8 . 7 ( +/-)
That the sum of $ 10 ,516 . 37 is hereby appropriated for the cost of acquiring
such land , including cost incidental and related thereto : that to raise this ap-
propriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $8 ,700 .00 under and pursuant to Chapter 44,
Section 7 ( 3 ) of the General Laws or any other enabling authority , and to issue
AA
Ile
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ATM — 5/9/88
bonds or notes of the Town Therefor ; that the further sum of $ 1 ,816 .37 is
raised and appropriated for the purpose of preparing , issuing , and marketing the
bonds or notes issued in anticipation thereof : That the Board of Selectmen is
hereby authorized to apply for , accept and expend any funds which may be pro-
vided by the Commonwealth to include funding under Massachusetts General
Laws, Chapter 132A , Section 11 , or otherwise to defray a portion of the cost of
acquiring this property , provided that the amount of bonds or notes issued
hereunder shall be reduced by the amount of any such grant received prior to
_ the sale of such Bond or Notes ; and that the Town of Brewster Board of Select-
men is authorized to manage and control the property described herein ; pro
vided that no money shall be expended or borrowed under this vote unless the
Town shall have voted a regular or special election to exempt the amounts re-
quired to pay the Bonds and Notes from the limitations of proposition 2 1 /2 ,
so called .
ADOPTED YES 279 NO 34
ARTICLE 56 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
passive recreation , and watershed protection purposes , as provided in Massachu -
setts General Laws Chapter 40 , Section 8 ( c ) , the real property described as
follows :
Brewster Assessors' Map Acres Title Reference
Map 31 , Lot 24 - 1 5 . 57 Land Court Doc .
#228961 , Land Court
Certificate of Title
#72539
Map 31 , Lot 31 4 .83 Book 4894 , Page 272
Map 31 , Lot 90 7 .27 Book 4617 , Page 278
Total Acres 17 .67
That the sum of $200,551 . 76 is hereby appropriated for the cost of acquiring
such land , including cost incidental and related thereto : that to raise this appro-
_ priation the Treasurer , with the approval of the Board of Selectmen , is author-
ized to borrow the sum of $ 180 ,000 .00 under and pursuant to Chapter 44 ,
Section 7 ( 3 ) of the General Laws or any other enabling authority , and to issue
bonds or notes of the Town therefor ; that the further sum of $20 ,551 . 76 is
raised and appropriated 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 : that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the Com -
monwealth or otherwise to defray a portion of the cost of acquiring this pro-
perty , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Commission is
116
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ATM — 5/9/88
authorized to manage and control the property described herein ; provided that
no money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitations of proposition 2 1 /2 , so called .
DEFEATED YES 208 NO 151
ARTICLE 57 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
passive recreation , and watershed protection purposes , the real property de-
scribed as follows :
Brewster Assessors' Map Acres Title Reference
Map 39 , Lot 28 20 .34 LCC #95147 dated
Jan . 20, 1984
That the sum of $ 168 ,787 .31 is hereby appropriated for the cost of acquiring
such land , including cost incidental and related thereto : that to raise this ap-
propriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $ 150 ,000 .00 under and pursuant to Chapter
44 , Section 7 ( 3 ) of the General Laws or any other enabling authority , and to
issue bonds or notes of the Town therefor ; that the further sum of $ 18 ,787 .31
is raised and appropriated for the purpose of preparing , issuing, and marketing
the bonds or notes issued hereunder and for paying interest of temporary notes
issued in anticipation thereof : That the Board of Selectmen is hereby author-
ized to apply for, accept and expend any funds which may be provided by the
Commonwealth or otherwise to defray a portion of the costs of acquiring this
property , provided that the amounts of bonds or notes issued hereunder shall
be reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Committee is
authorized to manage and control the property described herein ; provided that
no money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitations of proposition 2 1 /2 , so called .
ADOPTED YES 269 NO 105
ARTICLE 58 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
recreation , and watershed protection purposes , the real property described as
follows :
Brewster Assessors' Map Acres Title Reference
Map 51 , Lot 20 10 . 7 Book 1386 , Page 999
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That the sum of $89 ,653 . 73 is hereby appropriated for the cost of acquiring
such land , including costs incidental and related thereto : that to raise this appro-
priation the Treasurer , with the approval of the Board of Selectmen , is author-
ized to borrow the sum of $80 ,000 . 00 under and pursuant to Chapter 44 ,
Section 7 ( 3 ) of the General Laws or any other enabling authority , and to issue
bonds or notes of the Town therefor ; that the further sum of $9 ,653 . 73sis
raised and appropriated 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 : that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the Com -
monwealth or otherwise defray a portion of the costs of acquiring this property ,
provided that the amount of bonds or notes issued hereunder shall be reduced
by the amount of any such grant received prior to the sale of such bonds or
notes ; and that the Town of Brewster Conservation Commission is authorized
to manage and control the property described herein ; provided that no money
shall be expended or borrowed under this vote unless the Town shall have
voted a regular or special election to exempt the amounts required to pay the
bonds and notes from the limitations of proposition 2 1 /2 , so called .
DEFEATED YES 212 NO 141
ARTICLE 59 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws , Chapter 79 , and any other authority for conservation ,
passive recreation and watershed protection purposes , the real property de-
scribed as follows :
Brewster Assessors' Map Acres Title Reference
Map 51 , Lot 27 4 . 3 Book 1102 , Page 323
That the sum of $44 ,777 . 36 is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : that to raise the ap-
propriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $40 ,000 . 00 under and pursuant to Chapter
44 , Section 7 ( 3 ) of the General Laws or any other enabling authority , and to
issue bonds or notes of the Town therefor ; that the further sum of $4 ,777 . 36
is raised and appropriated 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 : that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the Com -
monwealth or otherwise to defray a portion of the costs of acquiring this pro-
perty , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
Bonds or Notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control the property described herein ; provided that
no money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds or notes from the limitations of proposition 2 1 /2 , so called .
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ATM — 5/9/88
INDEFINITELY POSTPONED
ARTICLE 60 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
passive recreation , and watershed protection purposes , the real property de-
scribed as follows :
Brewster Assessors ' Map Acres Title Reference
Map 50 , Lot 45 3 .0 No documents found
That the sum of $27 ,259 . 30 is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : that to raise this
appropriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $25 ,000 . 00 under and pursuant to Chapter 44 ,
Section 7 ( 3 ) of the General Laws or any other enabling authority , and to issue
bonds or notes of the Town therefor ; that the further sum of $2 ,259 . 30 is
raised and appropriated 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 : that the Board of Selectmen is hereby author-
ized to apply for , accept and expend any funds which may be provided by the
Commonwealth or otherwise to defray a portion of the costs of acquiring this
property , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control the property described herein ; provided that
no money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitations of proposition 2 1 /2 , so called .
ADOPTED YES 275 NO 102
ARTICLE 61 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws , Chapter 79, and any other authority for watershed protec
tion purposes , the real property described as follows :
Brewster Assessors ' Map Acres Title Reference
Map 50 , Lot 61 3 . 6 Book 4349 , Page 199
Map 50 , Lot 62 8 .3 Book 2081 , Page 65
Total Acres 11 . 9
That the sum of $77 ,780 .32 is hereby appropriated for the cost of acquiring
such land , including cost incidental and related thereto : that to raise this
appropriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $70 ,000 . 00 under and pursuant to Chapter 44 ,
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ATM — 5/9/_88
Section 7 ( 3 ) of the General Laws or any other enabling authority , and to issue
bonds or notes of the Town therefor ; that the further sum of $7 ,780 .32 is
raised and appropriated for the purpose of preparing , issuing , and marketing the
bonds or notes issued hereunder and for the paying interest on temporary notes
issued in anticipation thereof : that the Board of Selectmen is hereby author-
ized to apply for , accept and expend any funds which may be provided by the
Commonwealth or otherwise to defray a portion of the costs of acquiring this
property , provided that the amount of any such grant received prior to the sale
of such bonds or notes ; and that the Town of Brewster Board of Water Commis-
sioners is authorized to manage and control the property described herein ; pro-
vided that no money shall be expended or borrowed under this vote unless the
Town shall have voted a regular or special election to exempt the amounts re
quired to pay the bonds and notes from the limitations of proposition 2 1 /2 ,
so called .
ADOPTED YES 340 NO 7
ARTI ( 62 _ I move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
passive recreation and watershed protection purposes , the real property
described as follows :
Brewster Assessors ' Map Acres Title Reference
Map 33 , Lot 95 -3 2 .48 Book 5461 , Page 153
That the sum of $ 138 ,775 . 28 is hereby appropriated for the costs of acquiring
.such land , including costs incidental and related thereto : that to raise this ap-
propriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $ 125 ,000 .00 under and pursuant to Chapter
44 , Section 7 ( 3 ) of the General Laws or other enabling authority , and to issue
bonds or notes of the Town therefor ; that the further sum of $ 13 ,775 . 28 is
raised and appropriated 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 : that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the
Commonwealth or otherwise to defray a portion of the costs of acquiring this
property , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control the property described herein ; provided that
_ no money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitations of proposition 2 1 /2 , so called .
DEFEATED YES 84 NO 230
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ATM — 5/9/88
ARTICLE 63 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79 , and any other authority for conservation ,
passive recreation , and watershed protection purposes , the real property de-
scribed as follows :
Brewster Assessors' Map Acres Title Reference
Map 36 , Lot 12-5 6 .43 Book 5053 , Page 320
That the sum of $ 194 ,667 . 48 is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : that to raise this ap-
propriation the Treasurer, with the approval of the Board of Selectmen , is
authorized to borrow the sum of $ 175 ,000 . 00 under and pursuant to Chapter
44 , Section 7 ( 3 ) of the General Laws or any other enabling authority , and to
issue bonds or notes of the Town therefor ; that the further sum of $ 19 ,667 .48
is raised and appropriated for the purpose of preparing, issuing , marketing the
bonds or notes issued hereunder and for paying interest on temporary notes
issued in anticipation thereof : that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the
Commonwealth or otherwise to defray a portion of the costs of acquiring this
property , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
Bonds or Notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control the property described herein; provided that
no money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitations of proposition 2 1 /2 , so called .
DEFEATED YES 221 NO 180
ARTICLE 64 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws , Chapter 79 , and any other authority for watershed protec-
tion purposes , the real property described as follows :
Brewster Assessors ' Map Acres Title Reference
Map 52 , Lot 1 3 .4 Book 3089, Page 90
Map 47 , Lot 46 5 .0 Book 5410, Page 246
Map 4.7 , Lot 47 2 . 5 Book 1697 , Page 161
Map 47 , Lot 48 3 . 5 Book 3089 , Page 90
Map 47 , Lot 50 2. 0 Owner unknown
Map 47 , Lot 51 3 . 7 Book 4914 , Page 211
Map 47 , Lot 90 0. 3 Owner unknown
Map 47 , Lot 91 0 . 2 Owner unknown
Total Acres 20 .6
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That the sum of $ 106 ,573 . 24 -is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : that to raise this appro -
priation the Treasurer , with the approval of the Board of Selectmen , is author-
ized to borrow the sum of $95 ,000 . 00 under and pursuant to Chapter 44 , Sec-
tion 7 (3 ) of the General Laws or any other enabling authority , and to issue
bonds or notes of the Town therefor ; that the further sum of $ 11 ,573 .24 is
raised and appropriated 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 : that the Board of Selectmen is hereby authorized
to apply for , accept and expend any funds which may be provided by the Com -
monwealth or otherwise to defray a portion of the costs of acquiring this pro-
perty , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the' sale of such
bonds or notes ; and that the Town of Brewster Board of Water Commissioners
is authorized to manage and control the property described herein ; provided
that no money shall be expended or borrowed under this vote unless the Town
shall have voted a regular or special election to exempt the amounts required to
pay the bonds and notes from the limitations of proposition 2 1 ,2 , so called .
ADOPTED YES 322 NO 4
ARTICLE 65 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws, Chapter 79, and any other authority for conservation ,
recreation , and watershed protection purposes , the real property described as
follows :
Brewster Assessors ' Map Acres Title Reference
Map 1 ; Lot 21 8 .6 Book 1086 , Page 47
That the sum of $388 ,313 .35 is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : that to raise this ap-
propriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $350 ,000 .00 under and pursuant to Chapter
44 , Section 7 ( 3 ) of the General Laws or any other enabling authority and to
issue bonds or notes of the Town therefor ; that the further sum of $34 ,313 .35
is raised and appropriated 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 : that the Board of Selectmen is hereby authorized
to apply for, accept and expend any funds which may be provided by the Com -
monwealth or otherwise to defray a portion of the costs of acquiring this pro-
perty , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control the property described herein, provided that
no money shall be expended or borrowed under this vote unless the Town shall
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have voted a regular or special election to exempt- the amounts required to pay
the bonds and notes from the limitations of proposition 2 1./2.,- so called .
DEFEATED YES 228 NO 119
ARTICLE 66 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu-
setts General Laws , Chapter 79, and any other authority for conservation , and
active recreation , the real property described as follows :
Brewster Assessors ' Map Acres Title Reference
Map 34, Lot 44 14 . 2 Book 2330, Page 298
Map 34 , Lot 110 5 . 2 Book 3934, Page 28
Total Acres 19 .4
That the sum of $91-,268 . 12 -is hereby appropriated for the costs of acquiring
such land , including costs incidental and related thereto : that to raise this ap-
propriation the Treasurer , with the approval of the Board of Selectmen , is
authorized to borrow the sum of $80 ,000 . 00 under and pursuant to Chapter 44 ,
Section 7 (3 ) of the General Laws or any other enabling authority , and to issue
bonds or notes of the Town therefor : that the further sum of $ 11,268 . 12 is
raised and appropriated 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 : that the Board of Selectmen is hereby authorized
to apply for, accept and expend any funds which may be provided by the Com -
monwealth or otherwise to defray a portion of the costs of acquiring this pro-
perty , provided that the amount of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control the property described herein ; provided that
no money shall be expended or borrowed under this vote unless the Town shall
have voted a regular or special election to exempt the amounts required to pay
the bonds and notes from the limitation of proposition 2 1 /2 , so called .
WITHDRAWN
ARTICLE 67 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws , Chapter 79 , and any other authority for conservation ,
recreation , and watershed protection purposes , the real property described as
follows-:
Brewster Assessors ' Map Acres Title Reference
Map 19, Lot 9 18 . 2 Book 4903 , Page 148
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That the sum of $61 ,622 . 48 is hereby appropriated for the costs of acquiring
such land ; including cost incidental and related thereto : that to raise this ap-
propriation the Treasurer, with the approval of the Board of Selectmen , is
authorized to borrow the sum of $55 ,000 . 00 under and pursuant to Chapter 44 ,
Section 7 ( 3 ) of the General Laws or any other enabling authority and to issue
bonds or notes of the Town therefor ; that the further sum of $6.,622 . 48 is
_ raised and appropriated 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 ; that the Board of Selectmen is hereby author-
- ized to apply for, accept and expend any funds which may be provided by the
Commonwealth or otherwise to defray a portion of the costs of acquiring this
property , provided that the amounts of bonds or notes issued hereunder shall be
reduced by the amount of any such grant received prior to the sale of such
bonds or notes ; and that the Town of Brewster Conservation Commission is
authorized to manage and control tha property described herein ; provided that
no money shall have voted a regular or special election to excempt the amounts
required to pay the bonds and notes from the limitations of proposition 2 1 /2,
so called .
DEFEATED YES 218 NO 114
ARTICLE 68 . 1 move that the Board of Selectmen is hereby authorized to
acquire by purchase or by gift or to take by eminent domain under Massachu -
setts General Laws , . Chapter 79 , and any other authority for conservation pur-
poses ; the real property described as follows :
Brewster Assessors ' Map Acres Title Reference
Map 22 , Lot 2 0 . 6 Book 1320, Page 157
Map 22 , Lot 3 1 . 5 Book 1320 , Page 157
Map 22 , .Lot 4 1 . 1 Book 3368 , Page 133
Map 22 , Lot 5 0 .8 Book 3368 , Page 133
Map 22 , Lot 6 0.4 Book 3609, Page 50
Map 22 , Lot 8 0 . 7 Book 1320 , Page 157
Total Acres 5 . 1
That the sum of $ 11 ,087 .824s hereby appropriated for the costs acquiring such
land , including costs incidental and related thereto : that to raise this appropria-
tion the Treasurer , with the approval of the Board of Selectmen , is authorized to
borrow the sum of $ 10 ,000 .00 under and pursuant to Chapter 44 , Section 7 ( 3 )
of the General Laws or any other enabling authority ; and to issue bonds or
notes of the Town therefor ; that the further sum of $ 1 ;087 .82 is raised and
appropriated for the purpose of preparing , issuing and marketing the bonds or
notes issued hereunder and paying interest on temporary notes issued in antici -
pation thereof : that the Board of Selectmen is hereby authorized to apply for ,
accept and expend any funds which may be provided by the Commonwealth or
otherwise to defray a portion of the costs of acquiring this property , provided
that the amount of bonds or notes issued hereunder shall be reduced by the
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amount of any such grant received prior to the sale of such bonds or notes ; and
that the Town of Brewster Conservation Commission is authorized to manage
and control the property described herein ; provided that no money shall be
expended or borrowed under this vote unless the Town shall have voted a regu -
lar or special election to exempt the amounts required to pay the bonds and
notes from the limitations of proposition 2 1 /2 , so called .
POSTPONED INDEFINITELY
MOVE to consider Articles 90 and 91 before Article 69 .
ADOPTED
ARTICLE 90 . To see if the Town will vote to approve the Nauset Regional
School District Agreement , as amended , by changing the word "five " to "six "
in Section I I thereof, effective July 1 , 1989 .
ADOPTED UNANIMOUSLY
ARTICLE 91 . To see if the Town will vote to establish a new Elementary
School Building Committee consisting of eight ( 8 ) persons ; the Superintendent
of Schools or his designee ; the elementary school principal ; a member of the
elementary school committee ; a teacher in the school selected by the staff ; a
representative selected by the Brewster Elementary School Parents ' Group ;
three ( 3 ) voters of the Town selected by the Moderator ; the Committee to be
convened prior to July 1 , 1988 ; to authorize the new Elementary School Build -
ing Committee to review the space needs of the Brewster Elementary School ,
to authorize the new Elementary School Building Committee to solicit archi -
tectural services for the purpose of determining how best to address any need
perceived to exist , to review all applicants , all applications and proposals , and
to authorize the new Elementary School Building Committee , in conjunction
with the Brewster School Committee , to enter into a contract for the provision
of preliminary architectural plans and designs , and , further, to raise and appro-
priate the sum of One thousand and 00/ 100 ( $ 1 ,000 .00) Dollars for the purpose
of defraying committee expenses .
ADOPTED UNANIMOUSLY
MEETING ADJOURNED at 10 :45 P . M . until May 18 , 1988 at 7 : 00 P . M .
MEETING was called to order at 7 : 10 P . M . May 18 , 1988 .
ARTICLE 69 . To see if the Town will vote to authorize the Board of Select-
men to adopt a moratorium on any further land taking by eminent domain pro-
ceedings and public purchase in Brewster for a period of ( 2 ) years from the date
of adoption of this article .
DEFEATED
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ARTICLE 70 . To see if the Town will vote to create a nine member advisory
board to be known as the Punkhorn Management Advisory Board to make
recommendations regarding the management of the Punkhorn Parklands to the
Water Department, Board of Selectmen and Conservation Commission . Recom -
mendations shall be in keeping with the interest of the purposes for which the
property was acquired -- conservation , recreation and watershed protection .
Upon the approval of the managing board or boards ( Board of Selectmen , Con -
servation Commission , Water Commissioners ) , the Advisory Committee shall
have the authority to implement approved recommendations . Membership on
said advisory board shall include one member representing the Board of Select-
men , one member representing the Conservation Commission , one member
representing the Water Department , one member representing the Recreation
Department, one member representing the Police Department , one member
representing the Department of Public Works and one member representing the
Fire Department . There shall be two elected members to serve the public at
large . Elected members shall be elected at a town election for two-year terms .
If there is a vacancy in an elected position , the Board of Selectmen shall have the
authority to appoint a Brewster resident to serve until the next election .
ADOPTED
ARTICLE 71 AS AMENDED
ARTICLE 71 . To see if the Town will vote to adopt the following By -law :
TOWN OF BREWSTER ENVIRONMENTAL IMPACT REVIEW BY- LAW
SECTION ONE : STATEMENT OF POLICY : PURPOSE
It shall be the policy of each and every municipal board and agency that
all works , projects , or activities conducted or permitted by them shall be under-
taken utilizing all practical measures to minimize damage to the environment .
The purpose of this , by - law shall be to promote the health , safety , and well -
being of the inhabitants of the town by prior review and mitigation of activities
which will or may result in damage to the environment .
As used in this by-law , "damage to the environment " shall mean any
destruction , damage, or impairment , actual or probable , to any of the natural
resources of the Town and shall include , but not be limited to , air pollution ;
water pollution , improper sewage disposal ; pesticide or herbicide pollution ;
unlawful dumping ; excessive noise ; impairment, pollution , and eutrophication
of ponds, streams, lakes , estuaries , shellfish beds, or other surface or subsurface
water resources ; impairment or destruction of flood plains , forests, wilfdlife
habitat or corridors , or the habitat of any species listed as endangered , threat-
ened , watch list , or of special concern by the Massachusetts Natural Heritage
Program ; or the destruction or impairment of sites of historic or archaeological
significance , including Indian burial sites or middens . Damage to the environ -
ment shall not be construed to include any insignificant damage to or impair-
ment of such resources .
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SECTION TWO : DEFINITIONS
As used in this By -law , the following words shall have the following mean -
ings unless the context otherwise requires :
11MunicipalBoard and Agency " shall mean every department , board , com-
mittee , and commission of the Town , and shall include all agents or employees
of the Town .
11 Person " shall mean an individual , a corporation , a partnership , a trust ,
any municipal board and agency and , to the extent that they are subject to
Municipal By -laws , any Town or other political subdivision or agency of the
Commonwealth .
11 Works , projects , or activities " shall mean any alteration of the natural
resources of the Town which may cause damage to the environment , provided ,
however, that the construction of a single family residential dwelling on a law-
fully existing lot shall not constitute a "work , project , or activity " under the
provisions of this by -law .
SECTION THREE : DETERMINATION OF NEED FOR ENVIRONMENTAL
IMPACT REPORT : PROCEDURE : MITIGATION OF IMPACTS
A person applying or intending to apply for a permit or approval from any
municipal board or agency , or intending to make any alteration to the natural
resources of the Town shall , not less than 90 days prior to the application for
such permit , approval , or the alteration of any such natural resource , submit to
the Conservation Commission a written request for a determination whether the
proposed work , project , or activity will result in damage to the environment,
including with the request such information as will adequately describe the
proposed work and its effects on the environment . The Conservation Commis-
sion or its agent shall cause to be made a thorough review of the site of the pro-
posed work or alteration and shall hold a public hearing on the applicants
request not less than 21 days after receipt, notice of which shall be given in a
newspaper of general circulation in the Town not less than five ( 5 ) working days
prior to the public hearing .
If the Conservation Commission determines that the proposed activity
will not result in damage to the environment , it shall so notify the applicant in
writing not less than 21 days after the close of the public hearing or any com
tinuance thereof . If the Conservation Commission determines that the proposed
activity will result in damage to the environment , it shall forthwith notify the
applicant , and require such further information from the applicant as will de-
scribe any actual or probable damage to the environment , together with all
measures deemed necessary or desirable to mitigate or eliminate such damage to
the environment . The public hearing shall be continued to a date agreed upon
between the applicant and the Conservation Commission for the receipt of such
further information .
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Not lesn than 21 days prior to the date scheduled for continuance of the
public hearing , the applicant shall submit all information requested to the Con-
servation Commission , the Planning Board , the Board of Selectmen , the Board of
Health , the Board of Appeals , the Historic District Committee , the Building In -
spector , the Executive Secretary , Fire Department , and the Chief of Police who
shall submit written comments to the Conservation Commission prior to the
_ continuance of the Public Hearing . Failure to submit such written comments
prior to the continuance date shall , unless clearly otherwise indicated in writing ,
constitute approval of the information submitted by the applicant .
After the close of the public hearing , the Conservation Commission shall
_ make written findings as to the damage to the environment which may or will
result from the proposed activity , and shall recommend such measures as will be
necessary or desirable to mitigate or eliminate the damage to the environment
from the proposed activity . The Commissions findings and recommendations
shall be delivered , via certified mail or by hand , to the applicant , and to the Plan-
ning Board , the Board of Selectmen , the Board of Health , the Board of Appeals ,
the Historic District Committee, and the Building Inspector . To the extent ak
lowable by law , such findings and recommendations shall be binding upon such
Boards , Committees , and Inspectors in subsequent applications for permits , ap-
provals , or permission to alter the natural resources of the Town ; otherwise , the
Commissions findings and recommendations shall be taken into consideration
but shall not be binding upon such Boards , Committees , and Agencies .
SECTION FOUR : REGULATIONS
After public notice and public hearing , the Conservation Commission shall
promulgate rules and regulations to effectuate the purposes of this by -law .
Public notice shall include publication of all proposed regulations in a newspaper
of general circulation in the Town not less than 21 days prior to public hearing .
Failure of the Conservation Commission to promulgate such rules and regula -
tions or a legal declaration of their invalidity shall not act to suspend or invali -
date the effect of this by -law .
SECTION FIVE : ENFORCEMENT
The Conservation Commission , its agents , officers , and employees shall
have the authority to enter upon privately owned land for the purpose of per-
forming their duties under this by -law and may make or cause to be made such
examinations , surveys , or sampling as the Commission deems necessary .
Municipal boards and officers , including any police officer or other officer
having police powers , shall have the authority to assist the Conservation Com -
- mission in enforcement.
Any person who causes damage to the environment without having first
complied with the requirements of this By-law , or who violates any regulation
promulgated by the Commission hereunder, shall be punished by a fine of not
more than Three hundred and 00/ 100 ( $300 .00 ) Dollars . Each day or portion
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thereof during which a violation continues shall constitute a separate offense ,
and each provision of the by -law or regulation violated shall constitute a separate
offense .
I '
The Conservation Commission shall have the authority to enforce this by-
';' law and its regulations by violation notices , administrative orders , and civil
and criminal court actions . In the alternative to criminal prosecution , the
Conservation Commission may elect to utilize the non -criminal disposition pro -
cedure set forth in M . G . L . c . 40 sec . 21 D .
SECTION SIX : SEVERABILITY
The invalidity of any section or provision of this by- law shall not invalk
date any other section or provision thereof, nor shall it invalidate any previous
action taken pursuant thereto .
ADOPTED
ARTICLE 72 . To see if the Town will vote to raise and appropriate the sum
of Five thousand and 00/ 100 ( $5 ,000 . 00) Dollars to be added to the Conserva-
tion Fund ,
ADOPTED
ARTICLE 73 . To see if the Town will vote to change the care , custody , mam
agement, control , and use of the land which is shown on Land Court Plan
30867 - B as the way named Pensive Place and as the lots numbered 12 , 13 , 14 ,
15 , and 16 and which was given to the Town of Brewster for public purposes on
December 30 , 1986 by Christopher J . Manning and Richard L . Manning, as
trustees of the Manning Associates Trust , by transferring from the Conservation
Commission to the Board of Water Commissioners the care , custody , and control
of this land and by altering the use of this land so that it may be utilized as the
site for new Town water wells and for all purposes associated with its use for
public water supply purposes .
ADOPTED UNANIMOUSLY
ARTICLE 74 . To see if the Town will vote to raise and appropriate the sum
of Seven thousand and 00/ 100 ( $7 ,000 .00 ) Dollars , and to authorize the Board
of Water Commissioners to solicit bids and enter into contracts for the prepara-
tion of a site plan , suitable for recording at the Registry of Deeds of the County
of Barnstable and bearing complete mets and bounds annotations , which will
depict the area of the proposed new well field off Run Hill Road in the Town
of Brewster and to raise and appropriate a sum of money for the purpose of
paying all the expenses thereof.
ADOPTED UNANIMOUSLY
ARTICLE 75 . To see if the Town will vote to authorize the discontinuance
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of its responsibility for paying to the Town of Orleans the annual water fees and
the biannual hydrant fees , so called , of those Route 39 water consumers who are
provided water by the Town of Orleans ; to authorize the Board of Water Com -
- missioners of the Town of Brewster to authorize the Board of Water Commis -
sioners of the Town of Orleans to enter with them into a mutual rescission of
their agreement of April 23 , 1975 or, alternatively , to terminate the agreement
in accordance with paragraph 13 thereof ; and through these actions , to cause
those aforementioned Route 39 Brewster water consumers to pay directly to the
_ Town of Orleans ( without any liability for the Town of Brewster ) their annual
water- fees and their biannual hydrant fees .
— DEFEATED
ARTICLE 76 . To see if the Town will vote to authorize the Board of Water
Commissioners to solicit bids and to enter into a contract or contracts for the
renovation of a portion of the current Water Department building and to author-
- ize the transfer of the sum of Thirty thousand and 00/ 100 ( $30 ,000 . 00 ) Dollars
from the Water Receipts Reserved for Appropriation Account to pay for all
expenses thereof .
ADOPTED
ARTICLE 77 . To see if the Town will vote to transfer the sum of One hun - x
dred twenty thousand and 00/ 100 ( $ 120 ,000.00) Dollars from the Water Re -
ceipts Reserved for Appropriation Account to the Water Construction Account,
to authorize the expenditure thereof under the direction of the Board of Water
Commissioners , and to appropriate these funds for the construction of new
water mains , for the extension of existing water mains , for the payment of water
projects , and for the general enhancement of the Towns water system .
ADOPTED UNANIMOUSLY
ARTICLE 78 . To see if the Town will vote to authorize the Board of Water
Commissioners to solicit bids and enter a contract for the construction of a lime
feed treatment facility to control corrosion in the Town of Brewster 's water
system ( as intended by Article 21 of the October 21 , 1987 Special Town Meet
ing ) and to transfer from the Water Receipts Reserved for Appropriation Ac-
count the sum of Three hundred one thousand one hundred forty -one and
65/ 100 ( $301 , 141 .65 ) Dollars for the purpose of paying all the expenses
thereof .
ADOPTED UNANIMOUSLY
ARTICLE 79 . To see if the Town will vote to authorize the Board of Water
Commissioners to solicit bids and to enter into contracts for the design and con
struction of a Three million ( 3 ,000 ,000 ) gallon standpipe and all its accessory
features and appurtenances ( including , but not limited to , pipes , roads , and con -
trols ) to be built next to the existing standpipe and on land owned by theAl
Town and located off Route 137 and to appropriate the sum of $ 1 , 183 ,650 . 00
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Dollars for this purpose ; and that to raise such appropriation the Treasurer , with
the approval of the Board of Selectmen , is hereby authorized to borrow
$ 1 , 100 ,000 . 00 under and pursuant to Massachusetts General Laws Chapter 44 ,
z Section 8 , as amended , and any other enabling authority and to issue bonds and
F notes of the Town therefor : that the further sum of $83 ,650 . 00 is raised and
appropriated for the purpose of paying for the preparation , issuance and market-
ing of bonds and notes issued hereunder and for paying interest on temporary
notes in anticipation thereof, and to authorize the Boardsof Selectmen and the
Board of Water Commissioners to seek , accept , and expend any grant monies
which may be available to defray a portion of the project costs , and to reduce
tie amount of the bonds and notes authorized hereunder by the amount of any
grant monies received prior to the sale of such notes and bonds : provided that
no money shall be expended or borrowed under this vote unless the Town has
voted at a regular of special election to exempt the amounts required to pay the
bonds and notes from the limitations of Proposition 2 1 /2 , so called .
ADOPTED UNANIMOUSLY
ARTICLE 80 . To see if the Town will vote to authorize the Board of Water
Commissioners to solicit bids and enter into contracts for the purchase , installa -
tion , support , and operation of computer hardware and software for use in the
Water Department Office and to transfer Thirty thousand and 00/ 100
( $30 ,000 . 00 ) Dollars to be expended for this purpose .
ADOPTED
ARTICLE 81 . To see if the Town will vote to reduce the amount of money
appropriated under Article 16 of the January 26 , 1987 Special Town Meeting ,
for the Derrick Road Betterment , by Two hundred fifty and 00/ 100 ( $250 .00 )
Dollars .
ADOPTED UNANIMOUSLY
ARTICLE 82 . To see if the Town will vote to transfer from the :
1 ) Road Betterment Reserved for Appropriation Account the sum of
Twenty -two thousand eight hundred eleven and 02/ 100 ( $22 ,811 . 02 ) Dollars
to pay road betterment notes #382 , #437 , #502 . Twenty thousand five hun -
dred ninety and 00/ 100 ( $20 ,590 .00 ) Dollars is for principal and Two thousand
two hundred twenty -one and 02/ 100 ( $2 ,221 . 02 ) Dollars is for interest ,
2 ) Water Betterments Reserved for Appropriation Account the sum of
Sixty -seven thousand nine hundred sixty -four and 93/ 100 ( $67 ,964 . 93 ) Dollars
to pay State House notes #352 , #361 , #372 , #392 , #416 , #425 , #473 , #503 .
Fifty -five thousand fifty and 60/ 100 ( $55 ,050 . 60 ) Dollars is to pay the princi -
pal and Twelve thousand nine hundred fourteen and 33/ 100 ( $ 12 ,914 .33 ) is
for interest .
ADOPTED UNANIMOUSLY
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ARTICLES 83 84 85 . 1 move that the Town vote to postpone consideration
of Articles 83 , 84 , and 85 until after Article 113 .
ADOPTED
ARTICLE 86 . To see if the Town will vote to authorize the Board of Select-
men to lay out and make public the private ways known as Birch Lane , Cedar
Lane , Locust Lane , Laurel Lane , Holly Avenue , Oak Lane , Maple Lane , Poplar
Lane, and Hickory Lane in the Robinwood Subdivision off the south side of
Route 6A, all as shown on the plans recorded with the Barnstable County Regis-
try of Deeds in Plan Book 245 , Pages 145 in accordance with Article 50 of the
Annual Town Meeting of 1974 , Betterment Assessment , and to authorize the
Board of Selectmen to acquire by gift , purchase or eminent domain , the land ,
easements , rights therein , and further authorize the Board of Selectmen to pro-
ceed with the reconstruction of said ways where it has been determined by them
that all of the provisions of Article 50 of the Annual Town Meeting of May 1974
have been complied with and to authorize the Treasurer , with the approval of
the Board of Selectmen , to fund the total cost of said acquisition , engineering,
construction , and other expenses incidental thereto, through borrowing Four
hundred twenty -five thousand four hundred seventy -five and 00/ 100
( $425 ,475 . 00 ) Dollars for a period not to exceedsten ( 10 ) years, said total sum
to be repaid to the Town by owners of lots abutting the ways as provided in the
Road Betterment Bylaw and to raise and appropriate the sum of $4 ,000.00 for
the issuance of State House Notes .
ADOPTED UNANIMOUSLY
ARTICLE 87 . To see if the Town will vote to raise and appropriate the sum
of Twenty Thousand and 00/ 100 ($20,000 .00 ) Dollars and to authorize the
Board of Health to contract and supervise the expenditure of the funds .
1 . Twelve thousand and 00/ 100 ( $ 12,000 .00 ) Dollars to contract to
continue the Shoreline Marine Resource Pollution Program and the Freshwater
Pond Quality Management Program ,
2 . Eight thousand and 00/ 100 ( $8 ,000 .00 ) Dollars for water quality
analysis , laboratory fees and pond remedial implementation .
ADOPTED
ARTICLE 88 . To see if the Town will vote to raise and appropriate the sum
of Eight thousand five hundred and 00/ 100 ( $8 , 500 .00 ) Dollars to conduct a
Hazardous Waste Collection Day in Fiscal Year 1989 for Brewster residents only .
ADOPTED UNANIMOUSLY
ARTICLE 89 . To see if the Town will vote to designate up to fifteen ( 15% )
percent of the revenue received from the local room occupancy excise tax for
the designation , operation and maintenance of public restroom facilities . These
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facilities are to be available for public use from 9 : 00 a . m . Until 6 : 00 p . m . daily
beginning July 1 , 1988 and ending September 5 , 1988 . Commencing September
10, 1988 the facilities shall be available each Saturday and Sunday until October
101 1988 with the same hours of accessibility . Further, beginning with the first
weekend in May 1989 , the facilities shall be available each Saturday and Sunday
until June 30 , 1989 with the same hours of operation , The Board of Selectmen
shall be responsible for implementing this article , along with posting appropriate
notices so that the public will be aware of the restrooms ' availability .
DEFEATED
ARTICLE 92 . To see if the Town will vote to amend the Zoning By - Law ,
Article 1 , General Provisions , Paragraph 179 -2 , Definitions , Row Commercial
Unit , by inserting between the words fire wall or walls the words "separation
wall , " so that the definition will read " a single commercial unit whose side walls
are separated from one or two other commercial units by a fire wall , separation
wall or walls . Each unit in the row may be owned by a separate owner . � �
INDEFINITELY POSTPONED
ARTICLE 93 . To see if the Town will vote to repeal from the Zoning By - Law
of the Town of Brewster the section which is labeled Section VIE , and which , as
now amended , reads as follows :
Signs on Town property .
A . Signs shall not be placed on , over or project into Town property
without a permit issued by the Inspector of Buildings , except for one
( 1 ) on - lot identification sign for each dwelling unit and one ( 1 ) on- lot
identification sign for a home occupation as permitted in § 179 - 18A
( 1 ) and ( 2 )
B . The total surface area shall not exceed four ( 4 ) square feet .
C . A sign permit may be issued for a limited period of time only , not to
exceed six ( 6 ) months .
D . A fee of One and 00/ 100 ( $ 1 .00 ) Dollar shall be charged for each sign
permit .
E . Off-premises directional signs shall be by special permit issued by the
Board of Selectmen .
and in its place , add the following to the general by - laws of the Town :
A . The Board of Selectmen shall have the authority to permit signs to
remain upon or be emplaced upon Town -owned property and shall
have the authority to adopt , publish , and enforce rules and regulations
which shall govern the existence of such signs
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B . These sign regulations may , among other relevant concerns , regulate
such matters as the number, shape , size, type , location , and lighting of
signs , may prescribe the form , content , fee , and procedure for sign
permit applications , may specify hearing procedures and notice re-
quirements , may state the maximum duration for sign permits , and
may allow the Board to impose limits and conditions upon permitted
— signs .
C . Unless the owner of a sign has gained prescriptive rights for his or her
sign , all signs located on Town-owned property shall be subject to this
by - law and the regulations issued under its authority .
D . No sign shall remain on Town property unless its owner has received
a sign permit in accordance with this by-law .
ADOPTED UNANIMOUSLY
ARTICLE 94 AS AMENDED
ARTICLE 94 . 1 move that the Town amend Article 94 by deleting the words
and the Board of Trade " and add in its place "the Board of Trade , one member
of the citizens group known as the Brewster Sign Code Revision Committee , and
one registered Brewster voter at large , not a member of any of the afore -men-
tinned groups , to be appointed by the Town Moderator . "
ADOPTED UNANIMOUSLY
ARTICLE 95 . To see if the Town will vote to amend the Zoning By -law,
Article 11 , Establishment of Districts , Paragraph 179 -6, Wetlands Conservancy
District B . 2 , by eliminating the phrase "filed with the Town Clerk " and sub-
stituting the phrase "filed with the . Conservation Commission . "
ADOPTED UNANIMOUSLY
ARTICLE 96 AS AMENDED
ARTICLE 96 . To see if the Town will vote to amend the Zoning By -law ,
Article V . Paragraph 179- 16 , Table 2 , Area Regulations , Minimum Required
Lots by adding an additional note as follows :
An owner-occupied building containing two ( 2 ) dwelling units , one ( 1 ) of
which shall be an accessory apartment with a net floor living area not exceeding
600 square feet , and including not more than one ( 1 ) bedroom , a kitchen , living
— room , and bath , shall be allowed by a Special Permit granted by the Board of
Appeals . Such dwelling shall be deemed to be owner-occupied if either dwelling
unit is occupied by the property owner of record on a year -round basis , except
for bora fide temporary absences during which the unit is not rented . The
apartment shall be restricted to use by the property owners immediate family
including in - laws ( mother, father , brother , sister ) and/or a health care profes-
i
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sional providing a service to the above family , and is defined as a ' dwelling , one
family with accessory apartment ,
ADOPTED YES 248 NO 3
ARTICLE 97 . To see if the Town will vote to amend the Zoning By -law ,
Article IV , Paragraph 179- 11 , Table of Use Regulations , Table 1 , Use Regula -
tions , by adding the following designation :
TABLE 1
USE REGULATIONS
RR R — L R —M C— H C— L I MRD
Residential
3B . Dwelling , one family with S S S
an accessory apartment,
ADOPTED YES 195 NO 38
ARTICLE 98 AS AMENDED
ARTICLE 98 . To see if the Town will vote to amend the Zoning By -law ,
Article I „ General Provisions , Paragraph 179 -2 , Definitions , by adding an addi -
tional item as follows :
Dwelling , one family with accessory apartment : An owner-occupied build -
ing containing two ( 2 ) dwelling units , one ( 1 ) of which shall be an accessory
apartment with a net floor living area not exceeding 600 square feet and includ -
ing not more than one ( 1 ) bedroom , a kitchen , living room and bath . For the
purpose of this definition , such dwelling shall be deemed to be owner-occupied
if either dwelling is occupied by the property owner of record on a year- round
basis , except for bona fide temporary absences during which the unit is not
rented . The apartment created by this definition shall be restricted to use by
the property owners immediate family including in - laws ( mother , father ,
brother , sister) and /or a health care professional providing a service to the above
family , or to take any other action relative thereto .
ADOPTED UNANIMOUSLY
ARTICLE 99 . To see if the Town will vote to amend the Town of Brewster
Zoning Districts Map -- revised May 1 , 1986 -- by substituting 11R - MI ' Zoning
District for the current " C- H " Zoning District in the area along Route #6A and
4001 west of Bassett Lane and Ellis Landing Road .
INDEFINITELY POSTPONED
ARTICLE 100 . To see if the Town will vote to amend the Zoning By -law by
modifying the Town zoning map by deleting from the I District and placing in
the RR district an area bounded on the north by the Mid Cape Highway ( Route
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6 ) , on the east by the Brewster-Orleans town line , on the south by the existing
RR district, and on the west by Parcel 27 , Assessors Map 45 ,
ADOPTED UNANIMOUSLY
— ARTICLE 101 . To see if the Town will vote to amend the Zoning By -law by
deleting Article VI , Sign Regulations , as presently written , and adding the fol -
_ lowing new section entitled Article V I Sign Regulations :
} 'r
— A . Statement of Intent : This section establishes the comprehensive regu -
lations and conditions under which signs are permitted within the
Town of Brewster . It is intended that these regulations shall act as
Guidelines for the protection of the visual environment of the Town ;
the safety , convenience , and welfare of the public ; and to "help pro -
tect our businesses and encourage their successful growth and devel -
opment . "
_ B . Definitions :
1 . Abandoned sign : A sign which no longer advertises or identifies
a business , lessor, service , owner, product, or activity , and/or for
which no owner can be found .
2 . A- Frame sign : See "Sandwich Sign "
3 . Animated Sign : Any sign whcih uses movement, or change of
lighting to depict movement .
4 . Area of a Sign : The area of a sign shall include all lettering , word -
ing , and accompanying designs and symbols , together with the
background , whether open or enclosed , on which they are dis-
played . When a sign is painted upon a surface, wall or window ;
the area shall be that of the smallest geometric shape which on-
compasses all of the letters and symbols . Only one face of a
double -faced sign shall be used in computing the area of that
sign .
5 . Changeable Copy Sign : A sign that is designed so that charac-
ters , letters , plaques , or illustrations can be changed or rearranged
without changing the face of the sign .
6 . Construction Sign : A Temporary Sign identifying an architect,
builder , contractor, sub -contractor, material supplier , or others
participating in the construction , alteration , or maintenance on
the property on which the sign is located .
7 . Direct Lighting : Illumination by means of a light source that is
external to the object being lit . Also -- 'external lighting , It
— 8 . Directional or Safety Sign : An on -premise sign which identifies
the premises , or the activity , or the business conducted upon such
premises and which provides directions for the safe and efficient
flow of traffic. Directional signs shall include those marking en
trances , exits , parking areas , loading areas, or other operational
features of the premises .
9 . Double - Faced Sign : A sign with two panels , neither of which is
visible at the same time and are directly back -to-back .
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10 . Flashing Sign : A sign which is illuminated by an intermittent , or
sequential light source .
11 . Free -standing Sign : A sign supported upon the ground by poles
or braces and not attached to any building .
12 . Frontage : The property line ( s ) of any one premises along a
public right of way on which it borders .
13 . Government Sign : Any temporary or permanent sign erected
and maintained by the Town , State , County or Federal govern -
ment for traffic direction ; or designation of, or direction to any
school , hospital , historic site , public service , property , or facility .
14 . Height of a Sign : The vertical distance measured from the highest
point of a sign to the average ground grade beneath the sign .
15 . Indirect lighting : Illumination by means of a concealed light
source , whereby all incandescent, fluorescent, or neon devices
are shielded from view by opaque , or translucent materials . Also
-- 11internallighting , "
16 . Ladder and Plaque Signs : A free -standing sign with two vertical
supports and either ; A . two or more crosspieces serving as indi -
vidual signs ( Ladder Sign ) , or B . two or more plaques affixed to a
common backboard ( Plaque Sign ) .
17 . felon -comforming Sign : A sign which was erected legally , but
which does not comply with subsequently enacted regulations .
18 . Off- Premise Sign : A sign which pertains to the use of, activity
upon , owner , or occupant of the premises upon which it is
located .
19 . On - Premise Sign : A sign which pertains to the use of, activity
upon , owner , or occupant of the premises upon which it is
located .
20 . Political Sign : A Temporary Sign used in connection with a
local , state , county , or national election , impeachment, referen -
dum , or other political event .
21 . Projecting Sign : A sign , other than a flat wall sign , which is
attached to , and projects from , a building , wall , or other structure
not specifically designed to support a sign ; and which is not
parallel to the structure to which it is attached .
22 . Public Way : Any roadway , public or private , over which the
public has a right to pass .
23 . Real Estate Sign : A Temporary Sign which advertises property as
being for sale , rent , or lease .
24 . Roof Sign : Any sign erected upon or above a roof or parapet
wall of the building on which it is partially or wholly supported .
25 . Sandwich Sign : A self -supporting , double -paneled sign , whose
panels are not parallel , but which are connected along one side ,
and separated along the opposite side . If connected on a vertical
edge , it is a V -shaped Sign . If connected at the top , it is an A-
frame Sign .
26 . Sign : A permanent or temporary structure , word , model , insig-
nia , trade flag, or other such devise which is used for advertising
purposes , or to inform the public .
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27 . Special Event Sign : A Temporary Sign advertising , or pertaining
to a civic , patriotic , educational , or other event taking place
within the town .
28 . Subdivision Identification Sign : A Free -standing or Wall Sign
identifying a subdivision , condominium complex, or residential
development .
29 . Temporary Sign : A sign not intended for long-term use .
30. V -shaped Sign : See Sandwich Sign .
31 . Wall Sign : A sign attached parallel to , and extending not more
than eighteen inches ( 18 " ) from the wall upon which it is affixed .
— C . Signs permitted in Residential areas ( RR , RL , RR zones ) :
1a . One sign per street frontage which displays the name of the house
or the name of the people residing therein , not to exceed two sq .
ft. in area on each side of a double-faced sign ; OR
b . One � �quarterboard sign " not to exceed six sq . ft .
2 . Where a legal , non -conforming business exists within a residential
zone , one sign is permitted which does not exceed eight sq . ft . in
_ area .
3 . One sign is permitted for lodging houses , rooming houses , bed
and breakfast houses , nursing homes , retirement centers , medical
offices , and similar establishments ; not to exceed eight sq . ft .
4 . One sign for a home occupation business not to exceed six sq .ft .
5 . One Free -standing Sign for each town -owned community facility
or public utility , not to exceed twelve sq . ft. ; and one Wall ,
Projecting , Roof, or Awning Sign , not to exceed six sq . ft .
6 . One Free-standing Sign for each public road frontage of a Town
Conservation Area , not to exceed six sq . ft .
D . Signs permitted in business areas ( CL, CH , I zones ) :
1 . Any sign permitted in the Residential districts ( RR , RL , RM
zones ) and subject to the same provisions of use .
2 . In general , two signs are permitted for each business in a business
zone . For businesses that have frontage on more than one public
way , one additional Free -standing Sign of not more than one half
the square foot area of the first Free-standing Sign is permitted ;
but must be placed at least two hundred feet away from the first
sign .
3 . A single business on a single lot is permitted one Free -standing
Sign , not to exceed eight sq .ft . ; and either one Wall , Projecting ,
Roof, or Awning Sign not to exceed six sq .ft . If a Free-standing
Sign is not used , then the total square foot area of the other
sign (s ) shall not exceed fourteen sq . ft .
4 . Row Commercial and Planned Business Developments (more than
one business on a single lot) :
a . Each business is permitted one Wall , Projecting , Roof, or
Awning Sign . The square foot area of said sign shall be de-
pendent upon its distance from the layout of the nearest pub-
lic way as follows :
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1 . less than fifty feet , 6 sq .ft . is permitted
2 . more than fifty feet , 8 sq . ft . is permitted
3 . more than one hundred feet , 10 sq . ft . is permitted .
b . One Free-standing Sign is permitted with a maximum square
foot area as follows :
1 . At least two businesses per lot , twelve square feet .
2 . At least five businesses per lot , sixteen square feet .
3 . At least seven businesses per lot , twenty square feet .
E . Off-premise Signs :
1 . An Off-premise Sign denoting the owner , lessor , or inhabitant of
a residence may be placed at the intersection of a public way and
an unposted private way and/or at the intersection of two , un-
posted private ways . Said sign shall not exceed one square foot
in area and , if more than one sign is necessary at such intersec -
tions , then all such signs shall be affixed to a single sign post ,
frame structure or other support .
2 . In order to ifhelpprotect our businesses and encourage their suc-
cessful growth and development, " Off-premise Signs may be
posted at the following intersections of public ways which service
commercial areas , pre-existing businesses , or town -owned com -
munity facilities :
Route 6A and Underpass Road , directing South
Route 6A and Thad Ellis Road , directing South
Route 6A and Route 124 , directing South
Route 6A and Stony Brook Road , directing South
Route 137 and Underpass Road , directing North
Route 137 and Tubman Road , directing West
Route 137 and Freeman 's Way , directing East
Route 124 and Tubman Road , directing East and West
Route 6A and Tubman Road , directing South
Route 39 and Freeman ' s Way , directing West
Underpass Road and Commercial Street , directing East
Underpass Road and Independence Drive , directing East
If more than one sign is necessary at any one intersection , then all
such signs shall be affixed to a single Ladder or plaque sign struc-
ture . Each individual sign slat or plaque shall not exceed a height
of 8 " and width of three feet ; that be uniform with others in
color and type of letters ; and have a maximum letter height of
six inches .
When a Row Commercial or Planned Business Development exists
on a road serviced by an Off-premise Sign , only the name of such
development , and not its individual businesses , shall be permitted
on an Off -premise Sign .
3 . Off-premise signs on private property shall require the written
permission of the landowner for placement on such property ;
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ATM — 5/9/88
written permission from the Board of Selectmen for placement
on Town property ; written permission from an authorized repre-
sentative of the Commonwealth of Massachusetts for placement
of State property ; written permission from an authorized repre-
sentative of the United States Government for placement on
Federal property .
_ F . Changeable Copy Sign : Museums , schools , theatres , places of enter-
tainment , town offices , churches and such places as need to inform
the public of changing events , activities , sports scores , important dates
and /or times of community interest ; may apply to the Sign Commis-
sioner for a Changeable Copy Sign , not to exceed twelve square feet
in area .
G . Directional or Safety Signs : In addition to other permitted signs , di -
rectional , warning , or traffic signs necessary for the safety and con -
venience of residents , customers , employees , and visitors are
_ permitted in all areas . Such signs shall not exceed one square foot in
area , and a maximum of four will be allowed per site . The Sign Com -
missioner may grant exceptions to this sub -section on a case -by -case
basis if he finds that the site requires more or larger signs .
H . Political Signs : Political Signs are permitted in all areas , and shall not
exceed four square feet in area . One sign is permitted per lot , and it
must be removed within seven days of completion of the event toNE!
which it refers , or within ninety days of the date that it was first
posted .
1 . Temporary Signs : Signs for use not to exceed six months are per-
mitted in all areas by special permit from the Sign Commissioner .
a . Construction Signs : Such signs are permitted in all areas , must
be removed within seven days of completion of work or issuance
of a Certificate of Occupancy , mjust be removed within ninety
days of the date that they were first posted , must not exceed four
square feet in area , must use colors previously approved by the
OKHRHD Committee , and must be On -Premise Signs . One sign
is permitted for each contractor , but the total area of all Con -
struction Signs on a site may not exceed twelve square feet .
b . Real Estate Signs : One sign not to exceed four square feet , and
which must be removed within 10 days of transfer of title .
J . Illumination of signs : If signs are illuminated it shall be done so by a
direct , or external , light source . Light bulbs or tubes shall not be
visible to the motoring public from a public way .
K . Abandoned Signs : Excepting appeal by an owner or his authorized
representative , such signs may be removed by the Sign Commissioner
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or his authorized representative , thirty days after proper notification
have been sent to the last known owner of the sign .
L . Permits and Certificates of Appropriateness : All signs regulated by
this by -law require a sign permitsissued by the Sign Commissioner ,
with the exceptions of Section VII , Cl , El , G , H . la , b . All signs
which require a sign permit shall be marked with an identification
sticker supplied by the Sign Commissioner . All signs which require a
sign permit and which lie within the jurisdiction of the OKHRHD ,
must also obtain a Certificate of Appropriateness from the OKHRHD
Committee . A sign without a required permit is illegal .
M . Fees : Fees for sign permits shall be set by the Board of Selectmen or
other authorized town board or person ( s ) .
N . Penalties and Enforcement : The Sign Commissioner is authorized to
issue citations for violations of these regulations . Failure to respond
to a properly -issued citation within fifteen working days will make the
violation subject to a fine of not more than twenty -five dollars per
day , starting on the sixteenth day after issuance of said citation . If
the violation continues past thirty working days from issuance of said
citation , an Order of Removal may be issued by the Sign Commis-
sioner . If the violation is not corrected within seven working days
of the issuance of the Order of Removal , the Sign Commissioner may
remove , or authorize others to remove , the sign or signs in question .
0 . Appeals : Any individual aggrieved by a decision of the Sign Commis-
sioner may appeal to the Brewster Board of Appeals , as provided
under Chapter 40A of the General Laws of the Commonwealth of
Massachusetts .
INDEFINITELY POSTPONE
ARTICLE 102 . To see if the Town will vote to continue the current mora-
torium on hunting in the Punkhorn Parklands until the next Annual Town Meet-
ing in 1989 , in order to study hunting in the Punkhorn as a peril to public safety
and outdoor recreation and to consider the threat of costly lawsuits against the
Town that may arise from hunting related accidents in the Punkhorn .
ADOPTED
ARTICLE 103 . To see if the Town will vote to authorize the Board of Select-
men to convey to the Housing Authority of the Town of Brewster for the sum
of One and 00/ 100 ( $ 1 . 00 ) Dollar , for the purpose of providing a location for
low -cost family housing , the real estate which is owned by the Town of Brewster
and which is shown as :
Map 35 Lot 127
Map 38 Lot 64
Map 38 Lot 69
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Map 40 Lot 71
Map 51 Lot 9-9 , 9 -8 , 9-7 , 9 -6
ADOPTED UNANIMOUSLY
ARTICLE 104 . To see if the Town will vote to amend Chapter 48 , Article
— I H , Section 48 -5 of the Code of the Town of Brewster by deleting :
A Town Meeting shall require the presence of at least Five percent ( 5% )
I
of the registered voters of the Town of Brewster , as of the previous December
31 , for a quorum . It and add the following :
A Town Meeting shall require the presence of at least One hundred ( 100 )
registered voters of the Town of Brewster for a quorum .
INDEFINITELY POSTPONED
ART ICLE 105 . To see if the Town will vote to raise and appropriate from
available funds the sum of Three thousand five hundred and 00/ 100 ( $3 , 500 .00 )
Dollars to help defray expenses of the Cape Cod Council on Alcoholism , said
funds to be expended under the direction of the Board of Health .
ADOPTED UNANIMOUSLY
ARTICLE 106 . To see if the Town will vote to raise and appropriate the sum
of Eight Thousand five hundred seventy -five and 00/ 100 ( $8 , 575 .00 ) Dollars for
outpatient residential and rehabilitative services for the mental health needs of
the residents of the Town of Brewster to be rendered by the Lower Cape Human
Services Committee , Inc . , said funds to be expended under the direction of the
Board of Health .
ADOPTED UNANIMOUSLY
ARTICLE 107 . To see if the Town will vote to raise and appropriate the sum
of Five thousand one hundred five and 00/ 100 ( $5 , 105 . 00 ) Dollars to help
defray expenses of the Center for Individual and Family Services of Cape Cod
for services to Children and their families and to individuals experiencing prob-
lems resulting from abuse of drugs , said funds to be expended under the direc-
- tion of the Board of Health .
ADOPTED UNANIMOUSLY
ARTICLE 108 . To see if the Town will vote to raise and appropriate the sum
— of Three thousand four hundred and 00/ 100 ( $3 ,400 . 00 ) Dollars to be used for
the Brewster children being served by the Cape Cod Child Development Pro -
gram , Inc . ( Head Start ) ; said funds to be expended under the direction of the
Brewster School Committee .
ADOPTED UNANIMOUSLY
— 142
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ARTICLE 109 . To see if the Town will vote to raise and appropriate the
amount of One thousand five hundred and 00/ 100 ( $ 1 , 500 . 00 ) Dollars to help
defray costs of providing energy and food programs and services provided by
the Cape and Islands Self- Reliance Corporation to the residents of the Town of
Brewster . Said funds to be expended under the direction of the Council on
Aging .
ADOPTED UNANIMOUSLY
ARTICLE 110 . To see if the Town will vote to raise and appropriate the sum
of Nine hundred twenty -five and 00/ 100 ( $925 .00 ) Dollars to help defray ex-
penses of Independence House , Inc . , Cape Cods resource center for Battered
Women and their children . Said funds to be expended under the direction of the
Board of Selectmen .
ADOPTED UNANIMOUSLY
MEETING ADJOURNED at 10 : 30 P . M . until June 13 , 1988 at 7 : 00 P . M .
MEETING was called to order at 7 : 33 P . M . Monday , June 13 , 1988 .
MEETING ADJOURNED at 7 : 34 P . M . for the Special Town Meeting .
MEETING was called to order at 7 : 42 P . M .
ARTICLE 111 . To see if the Town will vote to transfer from Free Cash
$ 100 ,000 . 00 to add to the Pension Fund .
ADOPTED UNANIMOUSLY
ARTICLE 112 . To see if the Town will vote to raise and appropriate , and/or
transfer from available funds , a sum of money to add to the Stabilization Fund .
INDEFINITELY POSTPONED
ARTICLE 113 . To see if the Town will vote to transfer from Free Cash in
the Towns Treasury a sum of money to be used for the reduction of taxes .
INDEFINITELY POSTPONED
ARTICLE 14 . 1 move that the Town vote to approve Article 14 as printed in
the Warrant and to raise and appropriate the sum of $54 ,714 .00 for this pur-
pose .
ADOPTED UNANIMOUSLY
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ARTICLE 83 . To see if the Town will vote to authorize the Board of Selectmen
to lay out and make public the private ways known as Leland Road and Ranney
Lane in the Indian Water Subdivision off the south side of Satucket Road , all
_ as shown on the plans recorded with the Barnstable County Registry of Deeds ,
Land Court Certificate 23236A, in accordance with Article 50 of the Annual
Town Meeting of 1974 , Betterment Assessment , and to authorize the Board of
Selectmen to acquire by gift , purchase or eminent domain , the land , easements
and rights therein , and further authorize the Board of Selectmen to proceed with
_ the reconstruction of said ways where it has been determined by them that all
of the provisions of Article 50 of the Annual Town Meeting of May 1974 have
been complied with and to authorize the T reasurer, with the approval of the
Board of Selectmen , to fund the total cost of said acquisition , engineering , con -
struction , and other expenses incidental thereto , through borrowing One hun-
_ dred eighty -five thousand one hundred forty -one and 00/ 100 ( $ 185 , 141 . 00 )
Dollars for a period not to exceed ten ( 10 ) years , said total sum to be repaid to
the Town by owners of lots abutting the ways as provided in the Road Better-
went By - law and to raise and appropriate the sum of $2 ,000 .00 for the issuance
of State House Notes .
ADOPTED UNANIMOUSLY
ARTICLE 84 . To see if the Town will vote to authorize the Board of SelectmenIee
to lay out and make public the private ways known as Donahue Road , Damon
Road , Linda Circle , and Harmony Lane in the Snow Pond Village Subdivision
off the east side of Great Fields Road , all as shown on the plans recorded with
the Barnstable County Registry of Deeds , Land Court Certificate 34870C , in
accordance with Article 50 of the Annual Town Meeting of 1974 , in accordance
with Article 50 of the Annual Town Meeting of 1974 , Betterment Assessment ,
and to authorize the Board of Selectmen to acquire by gift , purchase or eminent
domain , the land , easements , rights therein , and further authorize the Board of
Selectmen to proceed with the reconstruction of said ways where it has been
determined by them that all of the provisions of Article 50 of the Annual Town
Meeting of May 1974 have been complied with and to authorize the Treasurer ,
with the approval of the Board of Selectmen , to fund the total cost of said
acquisition , engineering , construction , and other expenses incidentat thereto ,
through borrowing the sum of Twenty thousand three hundred one and 00/ 100
( $20 ,301 . 00 ) Dollars for a period of not to exceed ten ( 10 ) years , said total sum
_ to be repaid to the Town by owners of lots abutting the ways as provided in the
Road Betterment By - law and to raise and appropriate the sum of $ 100 . 00 for
the issuance of State House Notes .
ADOPTED UNANIMOUSLY
ARTICLE 85 . To see if the Town will vote to authorize the Board of Select-
_ men to lay out and make public the private ways known as Cliff Pond Road ,
Fair Oak Drive , and Windswept Road in the Cliff Pond Estates Subdivision off
the east side of Millstone Road , all as shown on the plans recorded with the
Barnstable County Registry of Deeds , Land Court Certificate 32083B , in accord -
144
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ATE — 5/ 16/88
Report of the
ANNUAL TOWN EUCTION
May 16 , 1.98
In accordance with the Warrant, the inhabitants of Brewster , qualified to vote in
— the Town Election , met at the Brewster Community Center Monday , May 16 ,
1988 .
The polls were declared open at 7 : 00 A . M . The Election workers duly sworn in
were : Dorothy Grenier , Warden ; J . Odgen Tyldsley , Jr . , Deputy Warden ;
Edwin J . Blease , Phyllis M . Cosand , Ann Carney , Alfred Robinson , Janet
McManus , Mitzi Unger , William Nielsen , Helen Brandon , Mary Tucker , Ruth
Hanlon , John Clarke , Doris Powell , Dorothy Pendergast , Mary Kuhlmann , Kitty w
Lou Campbell , Joseph Tucker , Eleanor Nielsen , Margarite Bowen , Helen Allen
and Barbara Callahan , tellers .
The polls closed at 8 : 00 P . M .
The Total number of Votes cast was 1 ,028
MODERATOR BOARD OF HEALTH
for one year for three years
* Stephen B . Doyle 894 * Alyce L . Favreau 849
Stephen B . Rowan 1 Paula Champagne 1
Blanks 133 Blanks 178
SELECTMEN /ASSESSOR PLANNING BOARD
for three years for five years
* Rita A. Lawler 845 * Marjorie W . Pierce 521
—
* Robert L . Wilkinson 757 Paul deRuyter 302
Stephen B . Brown 110 Blanks 205
William S . Nielsen 2
Blanks 342 WATER COMMISSIONER
for three years
— CONSTABLE * Richard J . Perry 56
for one year Joseph A . Tucker 4
* Roland W . Bassett , Sr . 889 Lester S . Anderson 2
— Blanks 139 Larry H . Nawan 2
Donald 0 . Ferguson 1
SCHOOL COMMITTEE Blanks 963
for three years
* Robert Manion 470 HOUSING AUTHORITY
— Allan Sullivan 340 for five years
Blanks 218 * Victoria A. Goldsmith 781
Blanks 247
146
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ATE — 5/ 16/88
NAUSET REGIONAL SCHOOL RECREATION COMMISSION
DISTRICT COMMITTEE for three years
for one year * Daniel Cahill 442
* Elliott G . Carr 835 Alan H . Goodyear 325
Blanks 193 Blanks 261
LAND ACQUISITION
COMMITTEE
for two years
* Paul C . Wightman 819
Blanks 209
QUESTION NUMBER 1
Shall the Town of Brewster be allowed to exempt from the provisions of propo-
sition two and one half , so called , the amounts required to pay for the bonds
issued to finance the acquisition of the property known as the " Lewis A .
McGowan , Jr . If property ( Drummer Boy ) as voted under article 1 of the January
251 1988 Special Town Meeting ?
Yes 807
No 198
Blanks 23
QUESTION NUMBER 2
Shall the Town of Brewster be allowed to exempt from the provisions of propo-
sition two and one half , so called , the amounts required to pay for the bonds
issued in order to finance the acquisition of the property described in articles
53 through 68 of the 1988 Annual Town Meeting warrant for conservation ,
recreation and watershed purposes , and to finance the other expenses incidental
thereto ?
Yes 720
No 262
Blanks 46
QUESTION NUMBER 3
Shall the Town of Brewster be allowed to exempt from the provisions of propo-
sition two and one half , so called , the amounts required to pay for the bonds
issued in order to finance the construction of a three million ( 3 ,000, 000 ) gallon
standpipe and all its accessory features and appurtenances as described in article
79 of the 1988 Annual Town Meeting warrant and to finance the other expenses
incidental thereto?
Yes 753
No 215
Blanks 60
147
ATE — 5/ 16/88
QUESTION NUMBER 4
Shall the Town of Brewster be allowed to exempt from the provisions of propo.
sition two and one half, so called , the amounts required to pay for the bonds
issued in order to finance the construction of a DPW garage/office facility at the
present landfill site as described in article 51 of the 1988 Annual Town Meeting
warrant, and to finance the other expenses incidental thereto ?
Yes 687
No 284
Blanks 57
A True Copy , ATTEST :
1
Barbara A . Vaughn , CMC/AAE I
TOWN CLERK
II
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C
STM — 6/ 13/88
Report of the
SPECIAL TOWN MEETING
June 13 , 1988
In accordance with the warrant , the Special Town Meeting was held in the
Brewster Elementary Cafetorium , Monday , June 13 , 1988 .
The meeting was called to order at 7 : 34 P . M . by the Moderator, Stephen L .
Doyle . The Tellers were William S . Nielsen , J . Ogden Tyldsley , Jr . , Doris Powell ,
Ruth A. Hanlon and June Gallant . Checkers were Jean Gage , Carl Scrivener ,
Antoinette Mara and Mary Tucker . A quorum of 229 was present .
The warrant was read by the Town Clerk , Barbara A . Vaughn , CMC/AAE , with
the exception of the articles which were read as they were being considered .
ARTICLE 1 . 1 move the Town to authorize the following transfers , appro -
priations , and adjustments in the fiscal 1988 year budgetary line item approved
in accordance with Article 25 of the Annual Town Meeting of 1987 :
1 . to transfer the following surplus funds : ( a ) $5 ,239 . 14 from line item
026 , � Unemployment Expenses , " ( b ) $5 ,000 .00 from line item 048 ,
� Community Center Expenses , if ( c ) $2 ,500 .00 from line item 068 ,
` Police Department Salary & Wages , if ( d ) $803 . 96 from line item 071 ,
Police Out-of-State Travel . " ( e ) $5 ,000 . 00 from line item 112 ,
Department of Public Works Salary & Wages , it and ( f) $ 10 ,206 . 00
from line item 167 , " Debt Service , " to line item 018 , " Legal Expen-
ses , 1i to cover a projected shortage of $28 ,749 . 10 in that line item ;
2 . to transfer the surplus amount of $ 16 ,000 . 00 from line item 076 ,
If Fire Department and Rescue Squad Salary & Wages , to cover a
projected shortage in that line item ;
3 . to transfer the surplus amount of $4 ,915 .97 from line item 113 ,
It Department of Public Works Expenses , " to line item 115 , " Snow
and Ice Removal , " to cover a projected shortage in that line item .
ADOPTED UNANIMOUSLY
ARTICLE 2 . To see if the Town will vote to adopt Section 57B of Chapter
59 of the General Laws concerning the methods for collection of Real Estate
and Personal Property taxes under $ 50 .00 annually , or to take any other action
relative thereto .
ADOPTED UNANIMOUSLY
There being no other business to come before this meeting , it was adjourned at
8 : 42 P . M .
A True Copy , ATTEST :
Barbara A . Vaughn , CMC/AAE
TOWN CLERK
149