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HomeMy Public PortalAbout1984-12-10 Special Town Meeting Report of t he SPECIAL TOWN MEETING December 10 , 1984 In accordance with the Want the Special Monyo n Meetinember g was 9846 held in the Brewster Elementary School rra This meeting was called to order at 7 : 35 P . M . by the Moderator , Stephen L . Doyle . The tellers were DorothyGrenierl Checkerds wedre DorotheD Dugan , Jean Gageoris Powell , (and J . Ogden Tyldsley , Jra Carl Scrivener , and Mildred Unger . A quorum was present . ( A quorum for this meeting is 184 . ) The Warrant was read by the Town ere read Clerk , Barbara beingghnsiCMC with the exception of the Articles which ARTICLE 1 . 1 move that the Town vote to accept a grant from the Depart- ment of Elder Affairs for the sum of Two thousand one hundred sixty -three and 00/ 100 ( $2 , 163 .00 ) Dollars to be used to create more privacy in the Council on Aging office . Adopted unanimously ARTICLE 2 . I move that the sfer Dollarfrom tofree payathe following the sum of Five hundred twenty -five and00/ 100 ( $525 .00 ) unpaid bill for a previous fiscal year : Oracle — printing of 1984 Annual Town Meeting Warrant $525 .00 Adopted unanimously ARTICLE 3 . 1 move that the Town vote to transfer the balance of Two thousand eight hundred forty -two and 02 / 1002 ($2, 82 . 02 )r genegeneral use for in ASeptember rticle 23 , Special Town Meeting , interior and exterior repairs of water buildings , office , garage and well house . Adopted unanimously ARTICLE 4 . 1 move that the Town vote to accept a grant from the gon er ng wealth of Massachusetts Departmenon - t of Environmental Quality ( ' sts of an Aquifer Land Acquisi DEQE " ) of the sum of $475 ,218 .00 for the co tion project as approved by the DEQE11 ect to Section 20 said grant to be subj of Chapter 286 of the Acts of 1982 ; and the Regulations promulgated by the Department of Environmental Quality Engineering ; and further , to direct the Board of Selectmen and /or Board of Water Commissioners to enter into any 119 agreements and to execute all documents it deems advantageous on behalf of the Town , with the Commonwealth of Massachusetts in furtherance of the acceptance of said grant ; or to take any action relative thereto . Adopted unanimously ARTICLE 5 . 1 move that the Board of Selectmen is hereby authorized to take by eminent domain under Massachusetts General Laws Chapter 79 or acquire by purchase or otherwise , to protect and preserve the purity of the water supply of the Town of Brewster , and to implement an Aquifer Land Acquisition Project under Chapter 286 of the Acts of 1982 , certain land in Brewster , Barnstable County , Massachusetts , more particularly bounded and described as follows : PARCEL [ Beginning at a point on the northeasterly sideline of a Town Way known as Long Pond Road ; thence N 670 281 10 ° E by land of Hazel D . Jerauld , a distance of 77 .82 feet to a point ; thence N 270 101 20 It W by land of said Jerauld , a distance of 265 .56 feet to a point ; thence N 700401 1011 E by land of Thomas F . , Jr . and Mildred M . Duffy , land of William J . Kerin and land of Ermando Morini , a distance of 281 . 57 feet ; thence N 250 19 ' 00 ° W continuing by land of said Morini , a distance of 120 .32 feet ; thence N 200 51 1 3011 W by land of Frank A . and Dorothy B . Willis , a distance of 100 .05 feet ; thence N 710 27 1 18 " E by land of Frederick D . and Aldona F . Russell , a distance of 869 . 65 feet ; thence N 65° 391 00 " E continuing by land of said Russell , a distance of 170 . 62 feet ; thence N 710 501 4011 E continuing by land of said Russell , a distance of 159 .49 feet ; thence N 690 221 4011 E continuing by land of said Russell , a distance of 300 .67 feet ; thence N 68' 171 4011 E continuing by land of said Russell , a distance of 233 .36 feet ; thence S81049 1 50' 1 E continuing by land of said Russell and land of Marion E . Murray , a distance of 58 . 65 feet ; thence N 650 271 5011 E continuing by land of said Murray , a distance of 87 .66 feet ; thence N 550 331 20 ° E continuing by land of said Murray and land of Owner ( s ) Unknown , a distance of 117 . 16 feet ; thence 120 N 73 02 10 E continuing by land of Owner ( s ) Unknown a distance of 149 .27 feet ; thence s Unknown and land of ) N 66 35 20it E continuingb Y land of Owner (s ) Peter Copelas , a distance of 135 . 15 feet ; thence N 790 461 1011 E by land of said Copelas , a distance of 112 .61 feet ; thence N 720 461 10 ° E continuing by land of said Copelas and of land of Homestead Land Trust, a distance of 314 .28 feet ; thence N 03046 50f1 W continuing by land of said Homestead Land Trust , a distance of 151 .81 feet ; thence N 050 551 50 , 1 W continuing by land of said Homestead Land Trust , a distance of 209 .32 feet ; thence N 02020 50 " W continuing by land of said Homestead Land Trust , a distance of 265 .84 feet ; thence N 020 551 50 ° W continuing by land of said Homestead Land Trust , a distance of 203 . 67 feet ; thence N 820 501 5011 E by land of Marion E . Murray , a distance of 546 .64 feet ; thence S21059 1 10 ° E by the middle line of Cove Rd . ( private ) , a distance of 3 .84 feet ; thence S07007 1 0511 E continuing by the middle line of Cove Rd . ( private ) , a distance of 20 .80 feet ; thence S02016 1 30It W continuing by the middle line of Cove Rd . ( private ) , a distance of 46 .93 feet ; thence S 13° 33 00 W continuing by the middle line of Cove Rd . ( private ) , a distance of 166 . 62 feet ; thence S 16015 1 10 ' 1 W continuing by the Middle line of Cove Rd . ( private ) , a distance of 165 .00 feet ; thence S03016 1 3011 W continuing by the middle line of Cove Rd . ( private ) , a distance of 91 .55 feet; thence S07009 1 25 ° E continuing by the middle line of Cove Rd . ( private ) , a distance of 65 .48 feet ; thence S25027 1 201 [ E continuing by the middle line of Cove Rd . ( private ) , a distance of 78 .00 feet ; thence S 150 141 2011 E continuing by the middle line of Cove Rd . ( private ) , a distance of 44 .28 feet ; thence S 12° 231 5011 E continuing by the middle line of Cove Rd . ( private ) , a distance of 51 . 09 feet ; thence S05046 1 3511 E continuing by the middle line of Cove Rd . ( private ) , a distance of 103 .08 feet ; thence S 000 06 � 35 W continuing by the middle line of Cove Rd . ( private ) , a distance of 125 .26 feet ; thence 121 1 i S06049 1 2511 E continuing by the middle line of Cove Rd . ( private ) , a distance of 70 . 11 feet ; thence S 15050155If E continuing by the middle line of Cove Rd . ( private ) , a distance of 36 . 08 feet ; thence S28006 1 45 " E continuing by the middle line of Cove Rd . ( private ) , a distance of 56 . 29 feet ; thence S34036 1 10 ° E continuing by the middle line of Cove Rd . ( private ) , a distance of 127 . 04 feet ; thence S27049 1 15 E continuing by the middle line of Cove Rd . ( private ) , a distance of 33 .82 feet ; thence S 19036120It E continuing by the middle line of Cove Rd . ( private ) , a distance of 43 .86 feet , thence S09022 1 50 " E continuing by the middle line of Cove Rd . ( private ) , a distance of 115 .00 feet ; thence S 26' 21 1 25 ° E continuing by the middle line of Cove Rd . ( private ) , a distance of 38 . 68 feet ; thence S41025 1 40 ° E continuing by the middle line of Cove Rd . ( private ) , a distance of 86 .68 feet ; thence S 47° 21 1 0511 E continuing by the middle line of Cove Rd . ( private ) , a distance of 110 .04 feet ; thence S43020145if E continuing by the middle line of Cove Rd . ( private ) , a distance of 30 . 23 feet ; thence S39026 1 5011 E continuing by the middle line of Cove Rd . ( private ) , a distance of 44 . 50 feet ; thence S31047 1 1011 E continuing by the middle line of Cove Rd . ( private ) , a distance of 140 .00 feet ; thence S 19° 571 05 " E continuing by the middle line of Cove Rd . ( private ) , a distance of 99 .45 feet ; thence S 690 57 40 " E continuing by the middle line of Cove Rd . ( private ) , a distance of 139 . 14 feet ; thence S05049 45 ° W by land of Homestead Land Tr . , a distance of 431 .48 feet ; thence S31050 40 " E continuing by land of said Homestead Land Tr . , a distance of 440 . 26 feet ; thence S 230 14 50 W continuing by land of said Homestead Land Tr . , a distance of 324 . 04 feet ; thence N 860 56 ' 30 W by land of Owner (s ) Unknown , a distance of 198 .49 feet ; thence S 89° 45 � 56 " W by land of Terry W . and Gail Eldredge , a distance of 204 . 71 feet ; thence S 670 02 ' 30 " W by land of Brenton Wixon , a distance of 501 . 96 feet; thence 122 WESTERLY by high water mark of Cahoon 's Pond , thence N 340 00 ' 40 " W by land of G .J . Lengley , Jr . et al , a distance of 216 . 01 feet to a point; thence S70056 1 40 " W continuing by land of said Lengley , a distance of 268 .85 feet ; thence N 130 22 ' 20 " W by land of G .J . Lengley , Jr . et al , a distance of 272 .61 feet ; thence N 820 46 ' 10 " E continuing by land of said Lengley , a distance of 164 . 10 feet ; thence N 200 23 20 W continuing by land of said Lengley , a distance of 203 . 28 feet ; thence S 73008 ' 50 " W continuing by land of said Lengley , a distance of 127 . 10 feet ; thence S 71042 ' 50 " W by land of Donald E . and Sylvia Witherell , a distance of 23 .49 feet ; thence N 150 06 30 " W by land or Richard and Carole Buehler, a distance of 203 .80 feet ; thence N 700 21 10 " E by land of Estelle Gillespie et al , a distance of 302 . 74 feet ; thence N 09019 ' 40 " W continuing by land of said Gillespie , a distance of 275 .63 feet ; thence S71004 1 30 W continuing by land of said Gillespie , a distance of 1 ,666 .45 feet ; thence S 14048 ' 30 " E continuing by land of said Gillespie , a distance of 113 . 06 feet ; thence N 7058 ' 50 " E continuing by land of said Gillespie , a distance of 104 .42 feet ; thence S 17001 20 E continuing by land of said Gillespie , a distance of 136 .80 feet ; thence S 720 09 ' 10 " W by land of Kenneth V . and Evelyn M . Castle , a distance of 57 .58 feet ; thence NORTHWESTERLY by a curve to the right having a radius of 1570 . 00 feet, an arc distance of 331 . 73 feet by Route 137 ( 60 ' public way ) to the point of beginning . PARCELII Beginning at the northwest corner of said parcel , thence : N 72016 ' 06 " E by Lot 7 , as shown on a plan hereinafter mentioned , a distance of 614 . 66 feet, thence turning and running ; SOUTHEASTERLY by land of Heirs of Miller Bassett ; thence turning and running 123 I j S72045 1 42 " W by Lot 7 as shown on said plan , a distance of 600 .95 feet , thence turning and running ; N 150 291 00 " W by Lot 7 , as shown on said plan , a distance of 209 . 09 feet , to the point of beginning . Being shown as land of Estelle Gillespie on a plan of land hereinafter mentioned . PARCEL III Beginning at the northwest corner of said parcel , thence N 720 101 25 " E by Lot 7 , as shown on a plan hereinafter mentioned , a distance of 656 .55 feet , thence turning and running ; S15008 1 4011 E by said Lot 7 , a distance of 200 . 37 feet , thence turning and running ; S70057 58 ' 1 W by said Lot 7 , a distance of 669 .62 feet, thence turning and running , NORTHWESTERLY by land of Estelle Gillespie to the point of beginning . Being shown as land of Heirs of Miller Bassett on a plan of land hereinafter mentioned . All as further described and shown on a plan entitled " Plan Showing A Sub- division of Land In Brewster , Mass . ( Lots 2 , 3 , 4 and 5 L .C . Conf . Case No . 38290A ) Prepared for Orian C . Frey et ux Harriet K . Frey , Scale - As noted 24 Sept . 1981 Nickerson and Berger , Inc . P . E . & R . L . S . Orleans , Mass . " which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 360 , Page 31 and a copy of which is on file with the Town Clerk . said land to be under the control of the Board of Water Commissioners of the Town of Brewster and to be subject to the provisions of G . L . c .40 , sec . 41 ; that the sum of $475 ,218 . 00 is hereby appropriated for such purpose and that to meet such appropriation , the Town Treasurer , with the approval of the Board of Selectmen , is hereby authorized to borrow the sum of $475 ,218 .00 at one time or from tme to time, under and pursuant to Chapter 44 , Section 8 of the General Laws as amended and supplemented , or any other enabling authority , and to issue Notes or Bonds of the Town therefor ; that the sum of $20 ,000 . 00 is hereby appropriated for the purpose of paying the issuance costs of said Bonds , and the costs of interest for temporary Notes issued in anticipation thereto , such sum to be transferred from the Free Cash Account in the Treasury ; said authorization being contingent upon the receipt of a grant commitment from the Commonwealth of Massachusetts , Department of Environmental Quality Engineering for an Aquifer Land Acquisition Project in the approximate sum of Four hundred seventy five thousand two hundred eighteen and 00/ 100 ( $475 ,218 .00 ) Dollars , said grant having been approved by Department of Environmental Quality Engineering and to be subject to Section 20 of Chapter 286 of the Acts of 1982 ; and , further to direct the Board of Selectmen and /or IBoard of Water Commissioners to enter into any agreements and to execute all 124 documents it deems advantageous on behalf of the Town , with the Common - wealth of Massachusetts and/or the United States of America , for partial or full reimbursement of the costs of acquisition . Adopted YES 264 NO 14 ARTICLE 6 . 1 move that the Town vote to transfer the sum of Fifty thousand and 00/ 100 ( $50 ,000 .00) Dollars from the Water Receipts Reserved for Ap- propriation Account to the Water Construction Account . Adopted unanimously ARTICLE 7 . 1 move that the Town vote to transfer the sum of Three thousand and 00/ 100 ( $3 ,000 .00 ) Dollars from the Water Receipts Reserved for Appro- priation Account to the Water Operating Expense Account . Adopted unanimously ARTICLE 8 . 1 move that the Town vote to transfer from free cash the sum of Twelve thousand seven hundred and 00/ 100 ( $ 12 , 700 .00 ) Dollars into the 046 Legal and Professional Expense account . Adopted unanimously ARTICLE 9 . To see if the Town will vote to transfer from free cash the sum of Five thousand and 00/ 100 ( $5 ,000 .00 ) Dollars to supplement Article 38 of the Special Town Meeting of August 27 , 1984 , for the completion of a dormer at the Police / Fire Station . Withdrawn ARTICLE 10 . 1 move that the Town vote to transfer from free cash the sum of Four thousand and 00/ 100 ( $4 ,000 .00 ) Dollars to purchase a breathalyzer unit for the Police Department . Adopted unanimously ARTICLE 11 . 1 move that the Town vote to transfer from free cash the sum of Six thousand four hundred seventy -seven and 00/ 100 ( $6 ,477 .00) Dollars to pay tuition and transportation for an unanticipated special needs placement in a substantially separate program , said funds to be expended under the direction of the Brewster School Committee . Adopted unanimously ARTICLE 12 . 1 move that the Town vote to authorize the Board of Selectmen to set the mileage reimbursement rate for Town Employees and to instruct said Board of raise the rate from the current rate of 20 cents per mile to 25 cents per mile effective July 1 , 1985 , or to take any action relative thereto . I :` Adopted 125 E I ARTICLE 13 . 1 move that the Town vote to grant a right of way to Liana Rasmussen for all purposes for which ways are commonly used in the Town of Brewster, including utilities , over Run Hill Road as shown on a plan recorded at the Barnstable County Registry of Deeds . Adopted unanimously ARTICLE 14 . 1 move that the Town vote to accept as a gift from the Brewster Rescue Squad Association one Holmatro Rescue Tool and related equipment, which tool is similar to a Hurst Tool , commonly called if The Jaws of Life ° , having a value of $8 , 700 . 00 . Adopted unanimously ARTICLE 15 . 1 move that the Town vote to transfer from free cash the sum of Two thousand and 00/ 100 ( $2 ,000 .00 ) Dollars to be added to the sum voted in Article 36 at the Special Town Meeting of August 27 , 1984 , for the purchase of doors and the remainder to be used to save parts of the old doors and make repairs to the three front doors on the Fire Station apparatus room . Adopted unanimously ARTICLE 16 . 1 move that the Town vote to amend the Zoning By - Law to Re- zone a portion of the CH district to make it a RM district, said portion located at the intersection of Tubman Road and Long Pond Road ( Route 137 ) and more particularly bounded as follows : On the Northeast by Long Pond Road ; On the Southeast by the Cape Cod Rail Trail On the Southwest and Northwest by the existing boundary bytween the CH and RM districts ; All as shown on a marked portion of Brewster Assessor Map 26 , now on file with the Town Clerk . Adopted YES 271 NO 1 ARTICLE 17 . 1 move that the Town vote to accept the bequest of Twenty eight thousand seven hundred fifty and 00/ 100 ( $28 ,750 . 00 ) Dollars and any other funds received from the Estate of Jean Olmstead Olmsted , said gift of money to be used by the Town of Brewster for the construction of tennis courts and /or the construction of a Community Center . Adopted unanimously ARTICLE 18 . 1 move that the Town vote to authorize the Board of Select- men to enter into a contract with the SEMASS Partnership ( " SEMASS " ) for the disposal of refuse , garbage or waste , which contract may be generally in the form of the contract heretofore proposed with SEMASS (A sample copy of 126 which is on file in the office of the Town Clerk ) or may be in such other form as the Selectmen shall approve , and to act in any other manner in relation thereto . Adopted ARTICLE 19 . 1 move that the Town vote to transfer the sum of Two thousand nine -hundred and 00/ 100 ( $2 ,900 .00 ) Dollars from free cash to fund the cost of disposing of Hazardous waste materials that were uncollected during the House- hold Hazardous Waste Cleanup Day held on Saturday , October 6 , 1984 , said funds to be spent under the direction of the Board of Selectmen , or to take any action relative thereto . Adopted unanimously ARTICLE 20 . 1 move that the Town vote to transfer from free cash the sum of Two thousand five hundred and 00/ 100 ( $2 ,500 .00 ) Dollars to purchase and install a new snow plow for the water departments four wheel drive pickup truck , said snow plow to be under the custody and control of the Town of Brewster Department of Public Works and to be used to assist the Department in snow removal operations . Adopted unanimously ARTICLE 21 . 1 move that the Town vote to transfer from free cash the sum of Two thousand five hundred and 00/ 100 ( $2 , 500 .00) Dollars to purchase a new office copier for the Department of Public Works and to authorize the Board of Selectmen to sell , trade or otherwise dispose of one ( 1 ) A . B . Dick Model 675 copier . Adopted unanimously ARTICLE 22 . 1 move that the Town vote to transfer from free cash the sum of Five hundred seventy -five and 00/ 100 ( $575 .00 ) Dollars to be added to Article 17 of the Special Town Meeting of August 27 , 1984 for the layout of Crowell 's Bog Road . Adopted ARTICLE 23 . 1 move that the Town vote to accept a grant from the Executive Office of Energy Resources in the amount of Four thousand two hundred forty - two and 00/ 100 ( $4 ,242 .00) Dollars to be used for energy conservation meas- ures in the Town Hall , said funds to be expended under the direction of the Board of Selectmen . Adopted ARTICLE 24 . To see if the Town will vote to accept as a gift the elm trees , crab apple trees and granite post fence which have been contributed to the restoration of " The Egg " , through The Brewster Ovaseers and The Egg Com - mittee and to express thanks to the following donors : 127 1 77 ELM TREES : Mrs . Lillian S . Callahan Miss Louise Crocker The Stephen Doyle Family Arthur and Pearl Dickey Theodore B . Ellis Paul and Ann Hansen John and Betty Latham Mrs . Frances M . Nickerson Robert A . Sawtelle CRAB APPLE TREES : The Stephen Doyle Family Kiwanis Club — Central Cape Cod Peter Murphy Barbara A . Vaughn GRANITE POST FENCE : Mr . and Mrs . Edward S . Bleeker Mrs . Louis Crocker Mrs . Blanche Doble Lawrence B . Doyle Mr . and Mrs . H . R . Dunnock Robert M . Franklin Garden Club of Brewster Mrs . Frances S . Gerber Mrs . Pauline Newcomb Harnar George L . Malone Diane E . McDonald Marjorie F . Mighill Mrs . Doris Mullin Mr . and Mrs . Daniel E . Paine Warren Price Norman and Doris Schepps Dr . and Mrs . Richard B . Winslow John M . Vergnani Adopted unanimously ARTICLE 25 . To see if the Town will vote to instruct the Board of Selectmen to initiate the procedures necessary for the taking by eminent domain of at least 100 undeveloped acres of the property known as " Brewster Green " and/or 11 The Villages ° before further damage is done to the wooded areas and the water resources thereon . Specifically , the Selectmen of the Town are instructed as part of the land acquisition effort approved by the Town Meeting of August 27 , 1984 to : 1 . Prepare the necessary articles of taking by eminent domain for the above -mentioned land . 128 AAA 2 . Hold two public hearings , one during daylight hours and one in the evening , so that each Brewster resident may have the opportunity to hear the proposed taking discussed . 3 . Insert the Article or Articles for the land taking on the next Special Town Meeting Warrant , said meeting to be held not later than April 1 , 1985 . Withdrawn ARTICLE 26 . 1 move that the Town vote to amend the By -laws of the Town by enacting the following By -law to be known as the Wetlands Protection By - law : SECTION ! : PURPOSE The purpose of this bylaw is to protect the wetlands , related water resources , and adjoining land areas in the Town by controlling activities deemed to have an impact upon wetland values , including but not limited to the following : public water supply , private water supply , groundwater and groundwater quality , water quality in the numerous ponds of the Town , flood control , erosion and sedi - mentation control , storm damage prevention , water pollution , fisheries , shell - fish , wildlife , aesthetics , agriculture , aquaculture , and historic values ( collectively , the " interests protected by this bylaw " ) . SECTION 2 : JURISDICTION Except as permitted by the Conservation Commission or as provided in this bylaw , no person shall remove , fill , dredge , alter, or build upon or within 100 feet of any bank , beach dune , or flat ; upon or within 100 feet of any freshwater wetland , coastal wetland , marsh , meadow , bog , or swamp ; upon or within any lake , pond , river , stream , estuary , or the ocean ; upon any land under said waters ; or upon any land subject to flooding or inundation by groundwater , surface water , tidal action , or coastal storm flowage . SECTION 3 : EXCEPTIONS The permit and application required by this bylaw shall not be required for maintaining , repariing , or replacing an existing and lawfully located structure or facility which is used in the service of the public to provide electric , gas , water , sanitary sewer , storm drainage , public roadway , telephone , telegraph , or other telecommunication services , provided that written notice has been given to the Conservation Commission prior to the commencement of work , that the struc- ture or facility will not be , in the opinion of the Conservation Commission , substantially changed or enlarged , and provided that any work done conforms to the performance standards and design specifications in regulations adopted by the Conservation Commission . The permit and application rquired by this bylaw shall not apply to emergency projects necessary for the protection of the health or safety of the public , pro- voided that the work is to be performed by or has been ordered to be performed r 129 i i i by an agency of the Commonwealth or a political subdivision thereof, provided that adequate notice , oral or written , has been given to the Conservation Com - mission prior to the commencement of work or within 24 hours after com - mencement , provided that the Conservation Commission certifies the work as an emergency project , and provided that the work is performed only for the time and place certified by the Conservation Commission for the limited purpose necessary to abate the emergency . Within 21 days of commencement of an emergency project , a permit application shall be filed with the Conservation Commission for review as provided in this bylaw . Other than stated in this section , the exemptions provided in the Wetlands Protection Act and the Regulations promulgated thereunder shall not apply . SECTION 4 : APPLICATION FOR PERMITS Written application shall be filed with the Conservation Commission to perform any work which will or which , in the opinion of the Conservation Commission , may affect resource areas within the jurisdiction of this bylaw . Upon the peti - tion of any ten registered voters of the Town , the Commission shall require any work commenced within the jurisdiction of this bylaw without a permit to be ordered stopped , and shall require a written application as provided in this section . The application shall include such plans as are deemed necessary by the Conservation Commission to describe the proposed activities and their effects on the environment . No work or alteration shall commence without receiving and complying with a permit issued pursuant to this bylaw . The application and plans shall contain data as required by this bylaw and any regluations adopted pursuant thereto by the Conservation Commission , The Conservation Commission shall require application and plans under this bylaw in addition to the Notice of Intent and plans filed pursuant to the Wet- lands Protection Act, M . G . L . c . 131 sec . 40 . At the time of application , the applicant shall pay a filing fee specified in the regulations of the Conservation Commission promulgated pursuant to this bylaw . Any person desiring to know whether or not proposed work or an area is subject to this bylaw may request a determination in writing from the Conservation Commission . Such a request for determination shall contain data and plans as specified by the regulations of the Conservation Commission promulgated pursuant to this bylaw . There shall be no filing fee required for a written request for determination . SECTION 5 : NOTICE AND HEARING Any person filing an application or a request for determination with the Com - mission at the same time shall given written notice thereof, by certified mail or hand delivery to all abutters according to the most recent records of the as - sessors , including those across a traveled way , and to all other persons as the Conservation Commission shall in writing require . The notice shall enclose a 130 copy of the application or request with plans , or shall state where copies may be examined and obtained by abutters free of charge . When a person requesting a determination is other than the owner , the request , the notice of the hearing and the determination itself shall be sent by the Commission to the owner as well as to the person making the request . The Commission shall conduct a public hearing on any application or request for determination , with written notice , published at the expense of the appli - cant ten working days prior to the hearing , in a newspaper of general circulation in the Town . The Commission shall commence the public hearing on any application or re - quest for determination within 21 days from receipt . The Commission shall issue its permit or other action , or determination , in writing within 21 days of the close of the public hearing thereon , or within 21 days of the close of any continuances of the prior public hearings . The Commission in an appropriate case may combine its hearing under this bylaw with the hearing conducted under the Wetlands Protection Act , G . L . c . 131 , Section 40 . For reasons announced by the Conservation Commission at the hearing , the Commission shall have authority to continue or postpone the hearing to a date certain announced at the hearing , either for receipt of additional information offered by the applicant or others, or for information required of the applicant, deemed necessary by the Conservation Commission in its discretion . The Conservation Commission shall take action on the application at the con - tinuance date , provided that the applicant has complied in all respects with the request of the Conservation Commission for further information pursuant to this section . SECTION 6 : COORDINATION WITH OTHER BOARDS Any person filing a permit application or a request for determination with the Commission shall provide a copy thereof at the same time , by certified mail or hand delivery , to the Board of Selectmen , Planning Board , Board of Appeals , Board of Health , and Building Inspector , who shall if requested by the Conserva - tion Commission in writing , or by 10 registered voters of the town , file written comments and recommendations with the Commission . The Commission shall not take final action until such boards and officials have had 14 days from receipt of notice to file said written comments and recom - mendations with the Commission , which the Commission shall take into account but which shall not be binding on the Commission . ; SECTION 7 : PERMIT AND CONDITIONS If the Commission after a public hearing determines that the area which is the subject of the application is likely to be significant to the interests protected by 131 I this bylaw , the Commission , within 21 days of the close of the hearing or a continuance thereof , shall issue or deny a permit for the work requested . If it issues a permit , the Commission shall impose conditions which the Commission deems necessary or desirable to protect those interests , and all work shall be done in accordance with those conditions . If the area is deemed not likely to be significant to the interests protected by this bylaw , the Commission shall so inform the applicant that the work does not require a permit . Permits shall expire one year from the date of issuance . Any permit may be renewed once for an additional one year period , provided that a request for an extension is received in writing by the Commission prior to expiration . For good cause the Commission may revoke or modify a permit issued under this bylaw . The Conservation Commission shall issue permits under this section in addition to any Order of Conditions issued under the Wetlands Protection Act . SECTION 8 : REGULATIONS After public notice and public hearing the Commission shall promulgate rules and regulations to effectuate the purposes of this bylaw . Public notice shall include publication of all proposed regulations in a newspaper of general circula- tion in the town not less than 21 days prior to public hearing . Failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw . At a minimum these regulations shall define key terms in this bylaw not incon - sistent with this bylaw . SECTION 9 : DEFINITIONS The following definitions shall apply in the interpretation and implementation of this bylaw . The term " person " shall include any individual , group of individuals , association , partnership , corporation , company , busines organization , trust , estate , the Commonwealth or political subdivision thereof to the extent subject to town bylaws , administrative agencies , public or quasi -public corporations or bodies , this municipality , and any other legal entity , its legal representatives , agents , or assigns . The term " alter " shall include , without limitation , the following actions when undertaken in resource areas subject to this bylaw : ( a ) Removal , excavation or dredging of soil , sand , gravel , or aggregate ma- terials of any kind ; ( b ) Changing of preexisting drainage characteristics , flushing characteristics , 132 salinity distribution , sedimentation patterns , flow patterns , or flood retention characteristics ; ( c ) Drainage or other disturbance of water level or water table ; ( d ) Dumping , discharging of filling with any material ; ( e ) Driving of piles , erection of buildings , or structures of any kind : ( g ) Placing of obstructions or objects in water ; ( h ) Destruction of plant life including cutting of trees ; ( i ) Changing water temperature , biochemical oxygen demand , or other physical or chemical characteristics of water ; ( j ) Any activities , changes or work which pollute in any way any body of water or groundwater . SECTION 10 : SECURITY As part of a permit issued under this bylaw , in addition to any security required by any other town or state board , agency or official , the Commission shall require that the performance and observance of the conditions imposed here- under be secured wholly or in part by one or more of the methods described below : a . By a proper bond or deposit of money or negotiable securities sufficient in the opinion of the Commission ; b . By a conservation restriction , easement or other covenant enforceable in a court of law , executed and duly recorded by the owner of record , run . ning with the land to the benefit of this municipality and members of the public , whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed . SECTION 11 : ENFORCEMENT The Commission , its agents , officers , and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this bylaw and may make or cause to be made such examinations , surveys or sampling as the Commission deems necessary . The Police Department and the Conservation Commission shall have authority to enforce this bylaw , its regulations , and permits issued thereunder by violation notices , administrative orders , and civil and criminal court actions . Upon request of the Commission or upon written request of any ten residents of the Commonwealth , the Board of Selectmen and the Town Counsel shall take legal action for enforcement under civil law . Upon request of the Commission the Chief of Police shall take legal action for enforcement under criminal law . 133 i In the alternative to criminal prosecution the Commission may elect to utilize the non -criminal disposition procedure set forth in G . L . c . 40 , sec . 21 D . Municipal boards and officers , including any police officer or other officer having police powers , shall have authority to assist the Conservation Commission in enforcement . Any person who violates any provision of this bylaw , regulations thereunder , or permits issued thereunder , shall be punished by a fine of not more than $300 .00 . Each day or portion thereof during which a violation continues shall constitute a separate offense , and each provision of the bylaw , regulations , or permit violated shall constitute a separate offense . SECTION 12 : BURDEN OF PROOF The applicant for a permit shall have the burden of proving by clear and con - vincing evidence that the work proposed in the application will not harm the interests protected by this bylaw . Failure to provide adequate evidence to the Commission supporting a determination that the proposed work will not harm the interests protected by this bylaw shall be sufficient cause for the Commis - sion to deny a permit . SECTION 13 : RELATION TO THE WETLANDS PROTECTION ACT This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule statutes , independent of the Wetlands Protec- tion Act, G . L . c . 131 , sec . 40 , and regulations thereunder . SECTION 14 : SEVERABILITY The invalidity of any section or provision of this bylaw shall not invalidate any other section or profision thereof , nor shall it invalidate any order of conditions which previously has been issued . If any Court of the Commonwealth shall invalidate any provision of this bylaw , or any regulation promulgated thereunder , the Conservation Commission shall present to the next Town Meeting after such invalidation , amendments to this bylaw which are designed to comply with any Court decision invalidating such provision or regulation . Adopted ARTICLE 27 . To see if the Town will vote to amend the by -law voted in Article 44 of the Annual Town Meeting of March 9 , 1972 by substituting the following therefor : No gasoline powered outboard motors shall be permitted on any fresh water pond in the Town of Brewster . This prohibition shall not apply to IL ponds located within Nickerson State Park or to ponds which are partly in Ile the Town of Harwich . Any emergency or rescue boat shall be exempted from the provisions of this by- law . This bylaw shall not be construed to 134 w prohibit electric powered outboard motors . Any violation of this by -law % will be punishable by a fine of not more than $200 .00 for each offense . % Indefinitely postponed ARTICLE 28 * 1 move that the Town vote to amend the Zoning Bylaw , SEC - TION I II , D . , 1 by eliminating the present SECTION III , D . , 1 and substituting the following : 1 . Location and Boundaries a . Wetlands Conservancy Districts shall include all Bordering Vegetated Wetlands , Freshwater Banks , Land Subject to Flooding , Land Under a Fresh Water Body , Land Under the Ocean , Coastal Beaches , Bar- rier Beaches , Rocky Intertidal Shores , Land Under Salt Ponds , Fish Runs , Coastal Dunes , Coastal Banks , Salt Marshes , and Land Con - taining Shellfish which are subject to the jurisdiction of the Wet- lands Protection Act , M . G . L . C . 131 , sec . 40 as amended . b . Wetlands Conservancy Districts shall also include the following soil types and soil associations , the location and boundaries of which are shown by an overlay map entitled " Map of the Wetlands Con - servancy District in the Town of Brewster , Massachusetts " , dated October 31 , 1974 filed with the Town Clerk , and hereby made a part of this bylaw : muck , peat , tidal marsh , coastal beach , cran - berry bog , freshwater marsh , Deerfield , Au Gres , Scarboro , Ningret , Belgrade , and Rayham . Soil descriptions and their interpretation of land uses will be found in the report prepared for the Town of Brewster by the United States Department of Agriculture Soil Conservation Service . Detailed soil survey Field Sheets on file with the Town Clerk shall be used , if necessary , to determine boundaries with respect to any given parcel under this section . Any parcels of land under this section too small to show on the aforementioned map , but containing soil types and associations described in this section shall be subject to this bylaw . Adopted YES 177 NO 17 ARTICLE 29 . To see if the Town will vote to transfer from free cash the sum of Five thousand and 00/ 100 ( $ 5 ,000 .00 ) Dollars , as part of the Land Acqui - sition process approved at the August 27 , 1984 Special Town Meeting , to the Brewster Land Acquisition Committee for the purposes of conducting a legal review , and of doing all other things necessary , including obtaining appraisals , and the preparation and submission of all Articles necessary for the 1985 Annual Town Meeting , to enable the Town to take by Eminent Domain the pristine and fragile wetlands surrounding Blueberry Pond , described as follows : Land of John Hopkins Assessors Map 0027 , parcel 26 7 .6 acres 135 Land of Corcoran , Mullins , and Jennison , Inc . Assessors 's Map 0027 , parcels 24 , 25 , and 39-2 Proposed taking would be a Border Strip , extending 100 feet upland from the 100 year flood high water mark of Blueberry Pond , for each of the parcels . Land of Cape Lands , Inc . Assessors Map 0027 , parcel 204 Proposed taking would be a Border Strip, extending 100 feet upland from the 100 years flood high water mark of Blueberry Pond , Withdrawn ARTICLE 30 . To see if the Town will vote to transfer from free cash the sum of Four thousand two -hundred and 00/ 100 ( $4 ,200 . 00 ) Dollars to hire an additional part time Local Inspector , ( Assistant Building Inspector) and to hire said Local Inspector for a period of two years , whose duties and responsibilities shall be primarily for overseeing and inspecting all Multifamily Dwellings , Cluster Developments , and Planned Unit Developments within the Town , and who shall enforce all applicable provisions of the General Bylaws and the Zoning Bylaws of the Town of Brewster , the General Laws of the Commonwealth , the State Building Code , and the Rules and Regulations of the State Architectural Barriers Board . AMENDMENT TO ARTICLE 30 . 1 move to amend the motion on Article 30 as follows : I move that the Town vote to transfer from free cash the sum of Four thousand two hundred and 00/ 100 ( $4 ,200 .00 ) Dollars to supplement the existing Salary and Wage Account for the existing position of regular part-time Assistant Building Inspector . Adopted ARTICLE 31 . To act on any other business that may legally come before this meeting . There being no other business to come before the Town , the meeting wasee adjourned at 10 :40 P . M . A True Copy Attest : Barbara A . Vaughn , CMC Town Clerk ke ea Ile 136