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
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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
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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
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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
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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
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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
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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
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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
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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 :
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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 .
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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
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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
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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
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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 ,
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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 .
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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
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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
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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
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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
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