HomeMy Public PortalAbout1984-05-14 Annual Town Meeting Report of the
ANNUAL TOWN MEETING
May 14, 1984
In accordance with the warrant, the Annual Town Meeting was held in the Brew-
ster Elementary School Cafetorium , Monday , May 14 , 1984 .
This meeting was called to order at 7 : 06 p . m . by the Moderator, Stephen L .
Doyle . The tellers were Dorothy Grenier, June Gallant, Gladys Curtis, Mildred
Magee and Edwin Blease . A quorum was present.
ATRIBUTE IN HONOR OF MARY- LOU ISE EDDY
In honor of her many years of dedication to both the Brewster Elementary
School Committee and the Nauset Regional School District Committee , en -
compassing :
Nauset Regional School District Committee Member, 1974 - 1984 ,
including two terms as Vice Chairman and Treasurer ;
Brewster School Committee , 1972 - 1981 ;
Brewster Elementary School Building Needs Committee , as well as two
Superintendent Search Committees, and much , much more ;
The Citizens of Brewster , in recognition of Ms . Eddy ' s unfailing dedication to
our school system , wish to pay tribute and extend our heartfelt gratitude for her
valuable support and overwhelming contribution to the well - being of our Town .
The warrant was read by the Town Clerk Barbara A. Vaughn , CMC, with the ex -
ception of the articles which were read as they were being considered .
I move that the Town vote to lay the following ARTICLES on the table until
Monday , August 27 , 1984 at 7 : 00 p . m . :
29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38, 40 , 41 , 44 , 45 , 47 , 48 , 49 , 50 , 51 , 52 ,
53, 54 , 55 , 56 , 57 , 72 , 73 , 76, 82, 84 , 85, 86 , 87 , 88 , 89 , 91 , 92 , 93 , 94 , 118 ,
119 , 120 , 121 , 122 , 123 , 125 , 126 , 128 , 132 .
Adopted unanimously
ARTICLE 46. To see if the Town will vote to authorize the Board of Selectmen
to transfer from the overlay surplus account a sum of money for the purpose of
offsetting the anticipated future cost of funding the contributory retirement
system for the Town of Brewster.
Withdrawn
124
IV/,IVI III
�, I VII
IMF OEM 10
.,
IV 111vllll
III
1111 VVI
ARTICLE 106 . To see if the Town will vote to amend the Zoning By - Law,
SECTION VI , AREA, HEIGHT, AND BULK REGULATIONS, Table 3 . , Height
and Bulk Regulations by eliminating the requirements for Minimum Residential
Net Floor Area ( sq . ft. ) in all Districts .
Withdrawn
ARTICLE 127 . To see if the Town will vote to raise and appropriate or transfer
from available funds a sum of money as the Town ' s share to join in the second
annual Barnstable County Household Hazardous Waste Collection Program , said
sum to be expended under the jurisdiction of the board of Selectmen , or to take
any action relative thereto .
Withdrawn
ARTICLE 1 . To act on the Annual Report of the Board of Selectmen and other
Town Officers .
Adopted unanimously
ARTICLE 2 . To hear the report of any special committees .
There were no reports read by any special committee .
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 of the Financial year beginning July 1 , 1984 ,
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 raise and appropriate as payment
due , the sum of Three hundred twenty and 17/ 100 ($320 . 17 ) Dollars for the
year 1983 under the provisions of Chapter 32 , Section 59A of the General Laws,
and authorize the Town Treasurer to pay said appropriation to the Town of
Arlington , Massachusetts , said Chapter referring to the non - contributory pension
payments made to veterans.
Adopted unanimously
ARTICLE 5 . To see if the Town will vote to raise and appropriate as payment
due the sum of Six hundred eighty -seven and 24/ 100 ( $687 . 24 ) Dollars for the
year 1983 under the provisions of Chapter 32 , Section 59A of the General Laws ,
and authorize the Town Treasurer to pay said appropriation to the Common
a=& wealth of Massachusetts, said Chapter referring to the non-contributory pension
payments made to veterans.
VV
Adopted unanimously
125
ARTICLE 6 . To see if the Town will vote to raise and appropriate the sum of
One thousand two hundred and 00/ 100 ($ 1 ,200 . 00 ) Dollars for the period from
July 1 , 1984 to June 30 , 1985 , under the provisions of Chapter 944 , Section 1
and 2 , Acts of 1971 , an Act providing that cities and towns grant an annual pen -
sion to certain retired teachers and that the Commonwealth reimburse said cities
and towns for the amount of all such pensions.
Adopted unanimously
ARTICLE 7. To see if the Town will vote to assume liability in the manner
provided by Chapter 516 and 524 , Acts of 1950 , for all damages that may be
incurred by the Department of Public Works of Massachusetts for the improve-
ment, development, maintenance and protection of tidal and non -tidal rivers and
streams, harbors, tidewaters , foreshores and shores along a public beach outside
Boston Harbor, including the Merrimack and Connecticut Rivers, in accordance
with Section 11 of Chapter 91 of the General Laws, and authorize the Board of
Selectmen to execute and deliver a bond of indemnity therefor to the Common -
wealth .
Adopted unanimously rw
ARTICLE 8 . To see what action the town will take regarding its Herring or
Alewife fishery . ( Alewives Committee )
Adopted unanimously that the Town take no action in regards to its Herring or
Alewife fishery .
ARTICLE 9 . To see if the Town will vote to transfer from free cash the sum of
Four hundred forty -nine and 36/ 100 ($449 . 36 ) Dollars to pay the following
unpaid bills for a previous fiscal year :
Commonwealth Electric Company $ 88 . 86
James E . Coppola , Esquire 70 .20
John Arthur, M . D . 116 . 00
Brooks Drugs No . 671 60. 00
CCERA, Inc. 27 . 00
Medicenter Five , Inc. 34 . 00
Thayer Pharmacy 53 . 30
Total $ 449 . 36
Adopted unanimously
eel
AAA
ARTICLE 10 . To see if the Town will vote to 'approve the 1984 — 85 budget
for the Nauset Regional School District in the amount of $ 1 ,494 , 138 . 11 as
neel
adopted by a vote of the Nauset Regional School Committee .
el Adopted unanimously
AAA A
As
AAA A
126
I : I
� , .
11 %
r
ARTICLE 11 . To see if the Town will vote to approve the annual regional
school district budget for the Cape Cod Regional Technical High School Dis-
trict for the fiscal year beginning July 1 , 1984 in the amount of $ 173,875 . 00 .
Adopted unanimously
ARTICLE 12 . To see if the Town will vote to transfer from Federal Revenue
Sharing Appropriation Account the sum of One hundred ninety thousand and
00/ 100 ( $ 190 ,000 . 00) Dollars to the Police Salary and Wage Account.
Adopted unanimously
ARTICLE 13. To see if the Town will vote to amend the Wage and Salary
Scale under the Personnel By- Law by adding five ( 5% ) percent to the Wage and
Salary Scale , excepting part-time temporary personnel who are employed less
than 6 months per year on a part-time basis. Said increase is permanent, is a
cost-of4iving increase beginning Fiscal Year 1985 and is to be effective July 1 ,
1984.
Adopted unanimously
z ,
ARTICLE 14. To see if the Town will vote to amend the Wage and Salary
Scale under the Personnel By - Law to become effective July 1 , 1984 , as follows :
DH -7 Inspector of Buildings/Zoning Agent
Step 1 2 3 4 5 6
$ 17 ,983 18 ,881 19 ,826 20 ,818 21 ,859 22 ,952
DH -9 Administrative Assistant
$ 17 ,679 18 , 562 19 ,491 20 ,466 21 ,483 22 , 564
SS - 1 Selectmen 's Secretary
$ 12 , 085 12 , 576 13 , 122 13 ,614 14 , 160 14 ,669
C - 1 Junior Clerk
Hourly $ 4 . 36 4 .57 4 . 77 4 .95 5 . 18 5 . 39
Annual $ 71935 81317 8 ,861 91009 9 ,428 91810
C-2 Senior Clerk
Hourly $ 5 . 57 5 . 79 6 .01 6 .23 6 .44 6 . 64
Annual $ 10 , 137 10 ,538 10 ,938 11 ,339 111721 12 ,085
13 - 1 Receptionist
Hourly $ 5 . 57 5 . 79 6 .01 6 .23 6 .44 6 .64
Annual $ 10, 137 101538 10 ,938 11 ,339 11 ,721 12 ,085
!; And to raise and appropriate the sum of Four thousand six hundred sixty -seven
and 65/ 100 ( $4, 667 . 65 ) Dollars to fund the following wage and salary accounts :
127
DH -7 Building Inspector/Zoning Agent $ 1 ,434 . 77
DH -9 Administrative Assistant 2 ,299 .68
C-2 Senior Clerk - Council on Aging 482 .40
R - 1 Receptionist 450 . 80
Total $4 ,667 . 65
And any cost- of- living increase passed in ARTICLE 13 shall not be added to this
article . To become effective July 1 , 1984 .
Adopted unanimously
ARTICLE 15. To see if the Town will vote to include the following positions in
the Personnel By - Law Wage and Salary Scale effective July 1 , 1984 :
Golf Commission
GC- 1 Superintendent $24 ,000
GC -2 Working Foreman
Step 1 2 3 4 5 6
Hour $ 7 .27 7 . 59 7 . 91 8 .22 8. 55 8 . 84
Annual $ 15 , 122 15, 787 ` 16 ,453 17 ,098 17 , 784 18 ,387
GC -3 Master Mechanic/Motor Vehicle Operator
$ 6 .90 7 .23 7 .64 8 . 06 8. 45 8. 84
GC-4 Greenskeeper/ Laborer
$ 5 . 80 6 . 09 6 .39 6 . 71 7 . 05 7 .40
GC - 10 Golf Operating Manager
$ 16 ,800 18, 060 19 ,320 20 ,580 21 , 840 22 , 100
GC- 11 Assistant Operating Manager
$ 13 ,650 14 ,280 14 ,910 15,540 16 , 170 16 ,800
GC- 12 Starter
$ 5 ,42 5 . 58 5 . 75 5 .91 6 . 05 6 .24
GC- 13 Shiftman ( Part-time ) $6 . 50 per hour
GC - 14 Cart Range Supervisor
$ 5 . 42 5 . 58 5 . 75 5 . 91 6 . 05 6 . 34
Any cost-of- living increase passed in ARTICLE 13 shall not be added to this
article . To become effective July 1 , 1984 .
Adopted
128
r '
ARTICLE 16 . To see if the Town will vote to amend the Personnel By - Law
Wage and Salary Scale by revising the present Recreation Commission positions
DH -8 , RC - 1 to RC-8 to read as follows effective July 1 , 1984 :
Recreation Commission
DH -8- 1 Summer Recreation Director ( 1 ) $ 1 ,470
DH -8- 2 Swim Program Director ( 1 ) 1 ,760
RC- 1 Asst. to Summer Recreation Director ( 1 ) 210
RC -2 Asst. to Swim Program Director ( 1 ) 240
RC -3 Summer Recreation Instructors ( 2 ) 1 ,260
RC -4 Swim Program Instructors ( 3 ) 900
RC -5 Asst . Instructor — Swim ( 2 ) 750
RC -6 Asst . Instructor/Aide Recreation ( 1 ) 490
Any cost- of- living increase passed in ARTICLE 13 shall not be added to this
article . To become effective July 1 , 1984 .
Adopted unanimously
ARTICLE 17 . To see if the Town will vote to include the following positions
in the Personnel By - Law Wage and Salary Scale effective July 1 , 1984 :
Treasurer/Collector/Town Clerk Function
TCC- 1 Deputy Collector
Step 1 2 3 4 5 6
$ 12 ,000 12 ,650 13 ,300 13 ,950 14 ,600 15 ,200
TCC- 2 Administrative Supervisor/Assistant Town Clerk
$ 12 , 000 12 ,650 13 ,300 13 ,950 14 ,600 15 ,200
TCC-3 Assistant to the Treasurer ( Part-time )
$ 6 . 00 . 6 . 30 6 .62 6 . 95 7 .30 7 . 67
TCC- 4 Clerical Assistant
$ 10 , 137 10 , 538 10 ,938 11 ,339 11 ,721 12 , 085
TCC-5 Clerical Assistant Clerk
$ 10 , 137 10 ,538 10 ,938 11 ,339 11 , 721 12 ,085
Any cost-of- living increase passed in ARTICLE 13 shall not be added to this
lee
article . To become effective July 1 , 1984 .
Adopted
lee
ARTICLE 18 . To see if the Town will vote to add a new section 29 . Retire-
eel ment Sick Leave Entitlement, to read as follows :
ell
el 129
" Upon retirement, pursuant to the Barnstable County retirement plan
rules and regulations pertaining to retirement, employees will be eligible
for payment of ten ( 10) percent of the dollar value of unused sick leave ,
up to a maximum of one hundred and twenty ( 120 ) days , plus the current
year's unused sick leave . Payment will be based on the wage and salary the
employee is earning at retirement. "
Adopted
ARTICLE 19. To see if the Town will vote to amend Section 8 b . Work Week ,
by deleting the words "shall be granted compensatory time equal to services
performed in excess of 40 hours" so that it will read :
"and shall be compensated at time and one half ( 11/2 ) for services per-
formed in excess of 40 hours . "
Adopted
Meeting adjourned at 8 : 00 p . m .
Meeting reconvened at 8 : 45 p .m .
ARTICLE 20 . To see if the Town will vote to amend the Personnel By - Law,
Section 3 , Administration , to read as follows :
The Personnel By - Law shall be administered by the Board of Selectmen acting
as a Personnel Board under the authority of Chapter 41 , Section 108C of the
General Laws.
a . Administer this By - Law and shall have the authority to decide all
questions relating to interpretation and application of the By - Law.
b . Administer the Classification and Compensation Plans and establish
such rules and regulations and operating procedures as it deems
necessary for the proper administration thereof.
m . Oversee the recruitment, selection and promotion of all employees
covered by this By - Law .
n . Issue as it deems appropriate administrative regulations to carry out
the provisions of the Personnel By- Law.
Adopted unanimously
ARTICLE 21 . To see if the Town will vote to amend the Personnel By - Law,
Section 18, Appointment of Personnel Advisory Board , Paragraph a . to read as
follows :
A . The Selectmen must appoint a three or five member citizens Personnel
Advisory Committee with previous personnel or related experience in govern -
130
VV
u
V.
i
ment or business to assist the Personnel Board in administering this By - Law and
advising the Town on questions relating to personnel administration . The Select-
men , as the Personnel Board , shall meet with the Personnel Advisory Committee
on a regular scheduled basis .
Adopted unanimously
ARTICLE 22. To see if the Town will vote to amend the Personnel By - Law
Section 1 . Authorization to read as follows :
Sec . 1 . Authorization . Pursuant to the authority contained in Section 108A and
108C of Chapter 41 of the General Laws , there shall be established plans which
may be amended from time to time by a vote of the Town at an Annual or Spe -
cial Town Meeting applying to all employees except those positions filled by
popular election and those positions under the jurisdiction of the school com-
mittee and members of the Police Dept. For positions covered by Collective
Bargaining agreement or any other special agreement, the provisions of the By -
Law apply except where such 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 ) .
Plans shall be established :
( a ) Classifying positions in the service of the Town into groups and classes
doing substantially similar work or having substantially equal responsibili-
ties.
( b ) Authorizing a compensation plan for positions in the classification and
compensation plans .
( c) Providing for the administration of said classification and compensation .
( d ) Governing the recruitment, selection , promotion , retention , layoff, and
discipline of all employees covered by this By - Law .
(e ) Establish certain working conditions and fringe benefits for employees
covered by this By - Law .
Adopted unanimously
ARTICLE 23 . To see if the Town will vote to amend the Personnel By - Law by
rescinding the present Section 23 , Employees Under Collective Bargaining .
Adopted unanimously .
ARTICLE 24 . To see if the Town will vote to amend the Personnel By - Law
Section 4 , Classification Plan , by adding paragraphs e . and f. to read as follows :
e . Maintain written job descriptions or specifications of the classes in the
Classification Plan , each consisting of a statement describing the essential nature
131
of the work and the characteristics that distinguish the class from other classes .
The description for any class shall be construed as a means of identification and
prescribing the duties and responsibilities of the position . The description shall
not modify in any way the power of an administrative authority , the duties of
which are defined by statute or By- Law of the Town to appoint , to assign duties
to, or to direct and control , the work of any employee under the jurisdiction of
such authority .
f. When the reclassification is to a class already included in the classification
plan , said reclassification shall be approved by the Personnel Board, subject to
available funding. When the reclassification involves a new class, it shall con -
stitute an amendment to the classification plan and be submitted for town meet-
ing approval . Reclassification shall not be used for the purpose of avoiding
requirements concerning promotions or demotions .
Adopted unanimously
ARTICLE 25. To see if the Town will vote to amend the Personnel By - Law by
adding Section 28 , Employee Performance Appraisals to read as follows :
Section 28 . Employee Performance Appraisals ,
All Town employees shall have a periodic evaluation of performance for pur-
poses of compensation action , training and development requirements , improv-
ing work habits and current on -the-job performance . Such appraisal shall be
mandatory , take place at least once a year and be made available to the em-
ployee .
a . All employees covered by the Personnel By - Law shall have an appraisal by
their immediate supervisor at least once each year on or about their anniversary
date of employment.
b . New employees shall have a performance appraisal a minimum of one time
during the first six months of employment.
c. The appraisal shall be reviewed with the employee and signed by the im-
mediate supervisor and Department Head and the employee .
d . The Personnel Board shall establish procedures for evaluating the per-
formance of individuals covered by the By - Law.
Adopted unanimously
ARTICLE 26 . To see if the Town will vote to fix the salary and compensation
of all elective officers of the Town as provided by Section 108 , Chapter 41 , of
the General Laws as amended , for the twelve month period beginning July 1Wee ,
ell
ell e
1984 as follows :
Moderator $ 150 . 00
Selectmen/Assessors ( 3 )
132
12 ,000 .00
Chairman 231000 .00
Two other members 61000 .00
Town Clerk 181000 .00
Treasurer /Collector 200. 00
Constable 950 .00
School Committee Members ' Expense ( 5 )
Water Commissioners ( 3) 700 .00
Chairman 11200 . 00
Two other members - -----
Total $621200 .00
Adopted
ARTICLE 27 . To see hif the Town will vote to raise and appropriate Five million
five hundred fifty eight thousand
and expenses ,Vincluda g o and ®duc0a0tional funnd 072 * 70 )
ng, for
Dollars to defray Town charges
fiscal year ending June 30 , 1985 :
$ 150 .00
001 Moderator' s Salary 351000 .00
002 Selectmen ' s/Assessor' s Salaries 31250 .00
003 Selectmen ' s Expense 837 .00
004 Mass . Municipal Assoc . Dues 25, 155 .92
005 Town Accountant 11 , 526 .60
006 Town Accountant — Senior Clerk' s Salary 1 , 580 .00
007 Town Accountant Expense 22,050 .03
008 Deputy Assessor' s Salary 20 ,475 .00
009 Assessor — Senior Clerk 's Salaries 9,275 .00
010 Assessor ' s Expense 18 ,000 .00
011 Treasurer/ Collector's Salary 14 ,900 .00
012 Deputy Collector 's Salary 39 , 092 .05
013 Treasurer ' s Personnel Salaries 15 ,380 .00
014 Treasurer/ Collector's Expense 6 , 000 .00
015 Town Clerk ' s Salary 31750 . 00
016 Town Clerk 's Expense 300 .00
017 Town Clerk' s Out- of-State Travel 17 , 191 .32
018 Administrative Assistant Salary 600 . 00
019 Administrative Assistant' s Expense 13 ,492 .69
020 Selectmen' s Secretary Salary 11 ,738 .32
021 Town Hall Receptionist Salary 1 ,000 .00
022 Temporary Help Wage Account 12 ,821 .36
023 Planning Board Clerk' s Salary 1 ,250 . 00
024 Planning Board Expense 800 .00
025 Professional Services Expense 800 .00
W- 026 Town & Zone Map Update Expense
027 Zoning By Law Book Update Expense 850 .00
028 Zoning By wLaw Book Printing Expense
029 Maps for Sale Expense 2 ,425 . 00
030 Board of Appeals Expense 2 ,365 . 00
031 Conservation Commission Expense
133
x;
032 Historic District Committee Expense 5, 293 . 00
033 H . D . C . Regional Assessment
034 Council on Aging Director 's Salary 11 ,949 .50
035 Council on Aging Clerk 's Salary 6 , 743 . 60
036 Council on Aging Clerk 's Salary 5 ,661 . 24
037 Council on Aging Bus Driver's Salary 8 ,265 .44
038 Council on Aging Expense 4 ,700 . 00
039 Election/Town Meeting Expense 6 , 127 . 50
040 Registrar of Voters Salary 1 ,764 . 00
041 Census Takers Salaries 1 ,500 . 00
042 Registrar of Voters Expense 2, 000 . 00
043 Finance Committee Expense 950 . 00
044 General Office Supplies Expense 700 . 00
045 Town Hall Expense 26, 785 .00
046 Legal and Professional Expense 27 , 000. 00
047 Legal Advertisement Expense 11000 . 00
PUBLIC SAFETY
048 Police Department Salaries and Wages 227 , 182 . 00
049 Police Expense 25 , 450 . 00
050 Police/ Fire Station Operating Expense 32 ,935 . 00
051 Gasoline Expense 23 , 000. 00
052 Telephone Expense 211000 . 00
053 Police Out- of- State Travel Expense 400 .00
054 Dog Officer 6, 500 . 00
055 Police Constable' s Salary 200 . 00
056 Fire/ Rescue Salaries and Wages 115 ,597 . 16
057 Fire Expense 16 , 120 . 00
058 Rescue Expense 5 ,786 . 00
059 Building Inspector's Salary 21 , 517 .23
060 Local Inspector 91674 .44
061 Building Dept. — Senior Clerk 's Salary 12 ,288 . 80
062 Building Inspector's Expense 3 ,915 . 00
063 Plumbing Inspector' s Salary 8 ,485 . 52
064 Asst . Plumbing Inspector's Salary 840 . 00
065 Plumbing Inspector's Expense 175 . 00
066 Gas Inspector 's Salary 1 ,622 . 11
067 Asst . Gas Inspector's Salary 50 . 00
068 Gas Inspector' s Expense 100 . 00
069 Wiring Inspector's Salary 81485 . 52
070 Asst . Wiring Inspector' s Salary 840 . 00
071 Wiring Inspector's Expense 50 . 00
072 Alewives Committee Salaries 150 . 00
073 Alewives Committee Expense 300 . 00
074 Shellfish Constable' s Salary 6, 199 . 75
075 Asst. Shellfish Constable 's Salaries 2 , 500 . 00
076 Shellfish Expense 11600 . 00
077 Shellfish Constable' s Mileage 1 ,200 . 00
078 Asst. Shellfish Constable 's Mileage 400 . 00
079 Shellfish Propagation 31500 . 00
080 Street Lighting Expense 10 ,000 . 00
134
I
HEALTH
081 Health Agent's Salary 20 ,492 . 59
082 Board of Health Clerk's Salary 10, 556 . 00
083 Health Inspector's Salary — 0
084 Animal Inspector 's Salary 25 . 00
085 Board of Health Expense 1 ,280 . 00
086 Board of Health Mileage 11800 .00
087 Visiting Nurse Association 2 ,600 . 00
DEPARTMENT OF PUBLIC WORKS 207 ,075 . 00
088 D . P .W . Salaries and Wages 101 ,233 . 00
089 D . P .W . Expense 32 , 165 . 00
090 Road Machinery Expense 29 ,552 . 00
091 Snow & Ice Control 500 . 00
092 Dutch Elm Disease 21000 . 00
093 Insect Pest Control 5 ,873 .81
094 Veterans ' District Assessment 8,000 . 00
095 Veterans' Benefits
WATER
096 Water Salaries and Wages 1121296.09
097 Water Office Expense 5 , 34435
098 Water Operating Expense 42 , 526 .62
099 Water Building Expense 11497 . 50
100 Water Equipment Expense 6 ,290 .00
UNCLASSIFIED
101 Brewster Ladies Library 74 ,592 . 11
100 ,000 . 00
102 Insurance Expense
103 Old Mill Sites Miller' s Salary 1 ,200 . 00
104 Old Mill Sites Expense 1 , 100 . 00
4 ,270 . 00
105 Recreation Playground Wages
106 Recreation Swimming Wages 6 ,200 .00
390 .00
107 Recreation Expense 18 ,
108 Brewster Economic Dev . Comm . Expense 905 . 00
109 Brewster Historical Commission 250 . 00
110 Community Center Custodians' Salaries 201625 . 72
111 Community Center Expense 16 ,000 . 00
112 Town Share Group Plans 175 , 500 . 00
113 Town Report Expense 71000 .00
114 Town Audit 8 , 100 . 00
115 Educational Reimbursement Expense 1 ,250 . 00
116 Computer / Word Processor Expense 43 ,068 . 00
117 Memorial Day Expense 850 .00
118 Personnel Board Expense 180 . 00
RIVZ
1411,
119 Christmas Tree Lighting Expense 200 . 00
120 Unemployment Charges 12 ,000 . 00
121 Barnstable County Retirement Assessment 110 ,996 . 00
122 Golf Maintenance Dept . Salaries 10 , 163 . 50
123 Golf Administration — Salaries 9 ,416 . 00
135
f
F
,IV
124 Golf Expense 17 , 733 . 00
125 Cape Cod Greenhead Fly Expense 206 . 80
126 Water Quality Review Comm . Expense 250 .00
127 New Employee Hire Expense 900 .00
128 Brewster Elementary School " Operations 947 ,551 .00
129 Cape Cod Regional Tech . H . S . Assessment 173 ,875. 00
130 Nauset Regional School District Assessment 11494 , 138 . 11
130A Brewster Elementary School Out- of- State Travel 87 . 00
131 Police / Fire / Disposal Bond & Interest 421750 .00
132 School Bond — Principal & Interest 2841880 . 00
133 Water Bonds — Principal & Interest 207 ,000 . 00
134 Water — Rafe Pond Well Bond 701980 .00
135 Temporary Loans & Interest 11000 . 00
136 Golf Course Construction — Interest 1081700 . 00
137 Golf Course Land -Taking — Interest 24 ,000 . 00
$ 5 ,558 ,072 . 70
Adopted unanimously
ARTICLE 28 . To see if the Town will vote to transfer from Overlay Surplus
the sum of Sixty thousand 00/ 100 ( $60 ,000 .00 ) Dollars to fund the Finance
Committee Reserve Fund Account.
Adopted unanimously
ARTICLE 39 . To see if the Town will vote to raise and appropriate the sum of
Three thousand three hundred and 00/ 100 ($3,300 . 00 ) Dollars to pay summer
employees to sell beach stickers and shellfish permits during the summer season .
Adopted unanimously
ARTICLE 42 . To see if the Town will vote to transfer from road betterments
reserved for appropriation account the sum of One thousand seven hundred
sixty -nine and 47/ 100 ($ 1 , 769 .47 ) Dollars to pay State House note No. 378 for
road betterment, of which the sum of One thousand two hundred seventy -three
and 00/ 100 ( $ 1 ,273 .00 ) Dollars is to pay the principal and Four hundred
ninety -six and 47/ 100 ( $496 .47 ) Dollars is to pay the interest, or to take any
action relative thereto .
Adopted unanimously
ARTICLE 43 . To see if the Town will vote to transfer from water betterments
reserved for appropriation account the sum of Fifty -nine thousand and 00/ 100
($ 59 , 000 . 00 ) Dollars and raise and appropriate the sum of Twelve thousand six
hundred fifty -three and 69/ 100 ( $ 12 ,653 . 69 ) Dollars to pay State House notes
Nos . 348 , 357 , 368 , 388 , 404 , and 412 . Fifty -five thousand seven hundred
<< , fifty and 69/ 100 ( $55 , 750 . 69 ) Dollars is to pay the principal and Fifteen
thousand nine hundred three and 00/ 100 ($ 15 ,903 . 00 ) Dollars is to pay the
r, .
interest.
136
i
It
Adopted unanimously adoptvote to lowing g Law :
ARTICLE 58. To see if ehthTown ill unregi teredmotor vehicle t that an be
" No person shall have an or private way or from abutting property ,
seen on his premises from a public or
This By - Law shall not apply to a licensed new or used car dealer , licensed
gasoline service station or a business f'n ata sum ofd in a rfiftyrcandial z00/ 100n ($ 50 .00 )
who violates this By - Law may that the violation is
Dollars for each offense . Each day or portion of a day
allowed to continue shall constitute a separate offense .
Adopted
if the Town will vote to amend the Soil Removal By - Law ,
ARTICLE 59 . To see
May 13 , 1974 , by deleting the first sen -
voted at the Annual Town Meeting on , , No top soil , gravel , loam or stone in the
tence and substituting the following :
Town may be removed to be transported outside the Town
of B e mit from
from established pits and stockpiles, unless authorized byspecial
the Board of Appeals . "
Adopted
ARTICLE 60 • To see if the Town will vote to amend the Peeping or Spying
deleting
By Law , voted on at the Annual Town Meeting onN aperson1except an officer
the entire by - law and substituting the following :
er with the intentions of peeping into the
of the law in performance of his duties , shall enter upon the premises of another
or upon any public or private prop tY , wiin in any manner upon the persons
windows of a house f building in his spying
shall be subject to arrest with -
therein . Any person found violating
out a warrant in accordance with Chapter 276 , Section 28 of the ed hyla fine
of Massachusetts . Any person violating this by -law shall be punished by
of not more than two hundred Dollars ( $200 . 00) for each offense . "
Adopted unanimously
deleting the
ARTICLE 61 . To see if the Town Meet°ng on March 3 ,amend e 969 SleepEby � n the Open
By - Law , voted at the Annual Town following sentence : " Any person violating
last sentence and substituting
e
this by -
law shed by
shall be p a fine of not more than two hundred dollars
( $200 . 00) for each offense .
Adopted
Law , voted
ARTICLE 62 . To see if the Town will vote to ameadddtngAlarm
folBlowing : " Any
at the Annual Town Meeting on May 12 , 1975 , by
this by - law shall be punished by a fine of not more than fifty
person violating Each day , or portion of a day , that the vio-
dollars ($ 50 . 00) for each offense *
lation is allowed to continue is considered a separate offense . "
Adopted unanimously
137
f
ARTICLE 63 . To see if the Town will vote to amend the Soap or Detergent
Use in Ponds By - Law , voted at the Annual Town Meeting on March 4 , 1968 ,
by deleting the last sentence and substituting the following : " Any person
violating this by - law shall be punished by a fine of not more than two hundred
dollars ( $200 . 00 ) for each offense . "
Adopted unanimously
ARTICLE 64. To see if the Town will vote to amend the Anti - noise By - Law ,
voted at the Annual Town Meeting on March 5 , 1963 , by deleting the second
paragraph and substituting the following : " No person shall behave in a rude ,
indecent or disorderly manner , or use profane , indecent or insulting language , or
shout, scream and/or utter loud outcries without reasonable cause , in any public
place or in or near any dwelling place in the Town to the annoyance or disturb-
ance of any person there being or passing or loitering on any sidewalk or street
or about doorways or places of business to the annoyance of any person . " And
further amend by deleting the last paragraph and substituting the following :
"Violation of any part of the above Article shall be punishable by a fine of not
more than two hundred dollars ($200 . 00 ) foreachoffense . "
Adopted unanimously
ARTICLE 65 . To see if the Town will vote to adopt the following By - Law :
" No person shall stand or remain in any doorway , or upon any stairs , doorstep ,
porch or other projection from any house or building , or upon any wall or fence
or near any street or public place after having been requested by the owner or
any occupant of the premises, or by any police officer to move along. Any per-
son violating this by - law shall be punished by a fine of not more than two hun -
dred dollars ( $200 .00 ) for each offense . "
Adopted unanimously
ARTICLE 66 . To see if the Town will vote to adopt the following By - Law : " No
person shall maintain a nuisance upon his land , where loud noises or noxious
odors escape to the annoyance of neighbors or travelers on public or private
property . Any person violating this by - law shall be punished by a fine of not
more than fifty dollars ( $50 . 00) for each offense . Each day , or portion of a
day , that the violation is allowed to continue is considered a separate offense . "
Adopted Yes 187 No 162
ARTICLE 67. To see if the Town will vote to adopt the following By - Law : " No
person shall indecently expose his or her body in such a manner that such per-
son 's exposure is visible to persons of the opposite sex or to children . Any per
son violating this by - law shall be punished by a fine of not more than two
hundred dollars ( $200 . 00) for each offense . "
lee
10 Adopted
% 138
f
r
{
i
. . .
r
ARTICLE 68 . To see if the Town will vote to amend the Outboard , Motors on
Great Ponds By - Law , voted at the Annual Town Meeting on March 9 , 1972, by
deleting the first sentence and substituting the following : " No gasoline/diesel
or electric powered motors over three ( 3 ) horsepower shall be permitted on any
fresh water ponds in the Town of Brewster . " And further amend said by - law by
adding the following sentence : "Any person violating this by - law shall be pun -
ished by a fine of not more than two hundred dollars ($ 200. 00 ) for each
offense . "
Adopted
ARTICLE 69 . To see if the Town will vote to amend the Powered Motor
Vehicles on the Beaches By - Law, voted at the Annual Town Meeting on March
9 , 1972 , by adding the following : " Any person violating this by -law shall be
punished by a fine of not more than two hundred dollars ($200 . 00 ) for each
offense .
Adopted unanimously
ARTICLE 70 . To see if the Town will vote to raise and appropriate the sum of
Thirty -eight thousand and 00/ 100 ( $38 , 000 . 00 ) Dollars for the purpose of
reassessing the Town to comply with the State mandate for reassessment of the
Town of Brewster .
Adopted
ARTICLE 71 . To see if the Town will accept Chapter 59 , Section 5, Clause 41B
of the General Laws as amended by Chapter 653 of the Acts of 1982 ( Elderly
Persons Exemption ) .
Adopted unanimously
ARTICLE 74. To see if the Town will vote to authorize the Board of Selectmen
to grant an easement to Commonwealth Electric Company for the installation
and maintenance of a padmount transformer on land of the Town of Brewster
known as the Municipal Golf Course on Freeman ' s Way and shown on a plan
recorded at Barnstable County Registry of Deeds in Plan Book 372 , Page 96 .
The easement is to be ten ( 10 ) feet in width and ten ( 10 ) feet in depth and is
approximately twenty -four hundred feet ( 2400 ) from a pole numbered 118 /63
on Freeman ' s Way in a southerly direction to Lot No . 15 to furnish electricity
to a water pump, and to act fully thereon .
Adopted unanimously
ARTICLE 75 . To see if the Town will vote an expression of opinion in the
form of a resolution on water and road betterments : Be it resolved , that we ,
The inhabitants of the Town of Brewster , do vote that the Town consider a
moratorium on the use of said water and road betterment assessments until
% July 1 , 1987 , except that an exception should be allowed in a water emergency !
when present home owners lose their water supply from contamination , or
139 j
r
G ,
I
where a resident would be unable to obtain water any other way , or to take any
action relative thereto.
Defeated
Meeting adjourned at 10 : 30 p . m .
Reconvened at 7 : 10 p . m . Tuesday , May 15 , 1984
ARTICLE 77 . To see if the Town will vote to transfer from Water Receipts
Reserved for Appropriation Account the sum of Thirteen thousand two hundred
and 00/ 100 ( $ 13 ,200 . 00 ) Dollars to purchase one new four wheel drive vehicle
for the Water Department, and to equip this vehicle with a two-way radio , and
to trade , sell or dispose of one 1952 four wheel drive Dodge truck .
Adopted unanimously
ARTICLE 78. To see if the Town will vote to transfer from Water Receipts
Reserved for Appropriation Account, the sum of Fifteen thousand and 99 / 100
( $ 15, 000 . 00) Dollars for the purpose of conducting test well work within the
Town of Brewster . Said funds to be spent under the direction of the Water
Commissioners .
Adopted unanimously
ARTICLE 79 . To see if the Town will vote to raise and appropriate
O leans Water Dept
Nine thousand and 00/ 100 ( $9 , 000 . 00 ) Dollars to pay
the for the hydrant fees and water used by Brewster residents on the Orleans Water
system for fiscal year ending June 30 , 1985 .
Adopted
ARTICLE 80 . To see if the Town will vote to transfer the sum of Forty thou -
sand and 00/ 100 ($40 ,000. 00) Dollars from the Water Receipts Reserved for
Appropriation Account to the Water Construction Account.
Adopted unanimously
ARTICLE 81 . To see if the Town will vote to transfer from Water Receipts
Reserved for Appropriation Account the sum of Two thousand and 00/ 100
( $2 , 000 .00) Dollars , into the Water Engineering Account to pay for the Aquifer
Land Acquisition Application , under Chapter 286 , Acts of 1982 .
Adopted unanimously
ARTICLE 83. To see if the Town will vote to authorize the Brewster Board of
Selectmen , on the recommendation of the Conservation Commission and on a
king
IlIk"'VI case- by -case basis, to release any and all rights of way and privileges of ta
sand from the different sand holes, if any they have , as set forth in the deeds
IV I
140
recorded with the Barnstable County Registry of Deeds in Book 128 , Page 300
and Book 128 , Page 302 , or to take any action relative thereto .
Adopted
ARTICLE 90 . To see if the Town will vote to authorize the Fire Chief to dis-
pose of one 20 horsepower Mercury Outboard Motor by means of competitive
bidding ; said motor is surplus equipment.
Adopted unanimously
ARTICLE 95 . To see if the Town will vote to accept the provisions of the
Massachusetts General Laws , Chapter 148 , Section 26G , as amended by Acts of
1982 , Chapter 545, which provides :
" In any city or town which accepts the provisions of this section , every
building or addition of more than seven thousand five hundred gross
square feet of floor area shall be protected throughout with an adequate
system of automatic sprinklers in accordance with the provisions of the
state building code .
No such sprinkler system shall be required unless sufficient water and
water pressure exists .
For the purposes of this section the gross square feet of a building or ad-
dition shall include the sum total of the floor areas for all floor levels,
basements and sub- basements , measured from outside wall , irrespective
of the existence of interior fire resistive walls , floors and ceilings .
In such buildings or additions, or in certain areas of such buildings or ad -
ditions, where the discharge of water would be an actual danger in the
event of fire , the Head of the Fire Department shall permit the installation
of such other fire suppressant systems as are prescribed by the state build -
ing code in lieu of automatic sprinklers .
Automatic suppressant or sprinkler systems shall not be required in rooms
or areas of a telephone central office equipment building when such rooms
or areas are protected with an automatic fire alarm system .
Sprinkler systems shall not be required in a one story building having a fire
resistance rating as prescribed in the State Building Code that is used
solely for offices , provided the building is protected by an automatic fire
alarm system .
This section shall not apply to buildings or additions used for residential
pu rposes.
The head of the Fire Department shall enforce the provisions of this sec-
tion . "
141
The head of the Fire Department, as defined in Section 1 , shall enforce the pro-
visions of this section and act fully thereon .
Defeated Yes 126 No 186
Meeting adjourned at 8 : 05 p . m .
Meeting reconvened at 8 : 14 p . m .
ARTICLE 96. To see if the Town will vote to accept the following equipment
having an approximate value of Four thousand and 00/ 100 ( $4 , 000 . 00 ) Dol -
lars. This equipment has been purchased by the Rescue Squad Association and
the Firefighters ' Association and donated to the Town in Fiscal 1984 .
4 Survival Suits and related equipment
2 Splint sets
2 Blood Pressure sets
1 Portable radio
1 Scanner radio
4 Floatation Jackets
1 Case of LifePak equipment
7 Fire and Rescue Name Plates
2 Plastic Tarps for Mass Casualty use
Adopted unanimously
ARTICLE 97 . To see if the Town will vote to authorize and instruct the town
Treasurer to pay One thousand two hundred fifty -four and 89/ 100 ($ 1 ,254 .89 )
Dollars from the Dog Tax assessments of 1983 to the Brewster Ladies' Library
Association , in accordance with Chapter 140, Section 172.
Adopted unanimously
ARTICLE 98 . To see if the Town will vote to transfer the FY 1984 Library
Incentive Grant of Two thousand dix hundred thirteen and 00/ 100 ($ 2 , 613 . 00 )
Dollars to the Brewster Ladies' Library Association .
Adopted unanimously
ARTICLE 99 . To see if the Town will vote to amend the Zoning By - Law, SEC-
TION II , DEFINITIONS , by eliminating the present title of PLANNED UNIT
DEVELOPMENT and substituting the following : PLANNED RESIDENTIAL
DEVELOPMENT .
Adopted unanimously
ARTICLE 100 . To see if the Town will vote to amend the Zoning By- Law,
SECTION V . USE REGULATIONS , TABLE 1 . USE REGULATIONS , RESI -
DENTIAL as follows :
eenl
142
R - R R - L R -M C- H C- L I MRD
7 . Cluster Residential Development S S S — — — —
( See Section X- B )
Adopted unanimously
ARTICLE 101 . To see if the Town will vote to amend the Zoning By - Law ,
SECTION V , USE REGULATIONS , TABLE 1 . USE REGULATIONS, RESI -
DENTIAL as follows :
R - R R - L R -M C- H C- L I MRD
9 . . Planned Residential Development — S S S — — —
( See Section X- C )
Adopted unanimously
ARTICLE 102 . To see if the Town will vote to amend the Zoning By - Law,
SECTION V , USE REGULATIONS , COMMUNITY FACILITIES by adding an
additional item as follows :
R - R R - L R -M C- H C- L I MRD
18 . Open storage of building and — S S — — P S
repair materials on town owned
property — only by safe, direct
access from a town street or
state highway
Defeated Yes 193 No 142
ARTICLE 103 . To see if the Town will vote to amend Zoning By - Law , Section
V . , TABLE 1 . USE REGULATIONS , RETAIL AND SERVICE (except as pro-
vided in Section X- C ) to read :
R - R R - L R -M C- H C- L I MRD
2 . Antique Shop — — P P P — —
27. Gift Shop — — _ P P — —
Adopted Yes 250 No 81
ARTICLE 104. To see if the Town will vote to amend the Zoning By - Law, SEC-
TION VI , Table 2 , AREA REGULATIONS by changing the Area ( sq . ft. ) as
follows :
DISTRICT AREA
r
R - M 60, 000 plus 60 ,000 for the second dwelling unit of a duplex
Adopted Yes 253 No 123
143
ARTICLE 105 . To see if the Town will vote to amend the Zoning By - Law,
SECTION VI , AREA , HEIGHT , AND BULK REGULATIONS, Table 2 . " Area
Regulations — Minimum Required Lots ( 1 ) as follows :
Lot Yards ( 3- 7 )
District Use Area Frontage Front Side Rear
( sq . ft. ) (ft. ) ( ft. ) ( ft. ) (ft . )
C- H Multi- family 130 , 000 200 100 30 30
dwellings plus
10 ,000
per bedroom
Adopted unanimously
ARTICLE 107 . To see if the Town will vote to amend the Zoning By - Law,
SECTION VII , SIGNS , B . SIGNS PERMITTED IN ANY " R " DISTRICT by
adding an additional item as follows :
8 . One identification sign for a permitted gift or antique shop provided
such sign shall not exceed 4 square feet in surface area ; if lighted , it
shall be illuminated with a white light by indirect method only .
Adopted unanimously
ARTICLE 108 . To see if the Town will vote to amend the Zoning By - Law,
SECTION VII , SIGNS , B . SIGNS PERMITTED IN ANY " R "" DISTRICT by
adding an additional item as follows :
9 . One unlighted sign for use in conjunction with a green house or " farm
stand " : such sign shall not exceed 4 square feet in surface area .
Adopted unanimously
ARTICLE 109 . To see if the Town will vote to amend the Zoning By - Law,
SECTION VII , SIGNS, E . SIGNS ON TOWN PROPERTY by adding an addi -
tional item as follows :
5 . Off premises directional signs : By Special Permit issued by the Board
of Selectmen .
Adopted unanimously
ARTICLE 110 . To see if the Town will vote to amend the Zoning By - Law,
SECTION X . SPECIAL REGULATIONS, by eliminating the words " the Board
of Appeals " and substituting the words "the Planning Board " in the second sen
tence of the first paragraph .
Adopted unanimously
144
v{
y_
IV
VII
Ilzv
ARTICLE 111 . To see if the Town will vote to amend the Zoning By - Law ,
SECTION X , SPECIAL REGULATIONS A . MULTIFAMILY DWELLINGS 3s
by eliminating the words "Appeals Board" in sentence No . 5 and substituting
" Planning Board . "
Adopted unanimously
ARTICLE 112 . To see if the Town will vote to amend the Zoning By - Law,
SECTION X , SPECIAL REGULATIONS , A . , MULTIFAMILY DWELLINGS , 3 ,
by eliminating a . , b . , c . , and d . , and substituting the following :
a . The location and acreage of areas to be devoted to specific uses .
b. Plans showing all roads, parking areas , structure locations , street
lighting , and any proposed amenities .
C* Maps to a scale of 1 " = 100' including the tract and surrounding area
within 200 feet .
Adopted unanimously
ARTICLE 113 . To see if the Town will vote to amend the Zoning By Law ,
SECTION X , SPECIAL REGULATIONS , A . , MULTIFAMILY DWELLINGS ,
paragraph 3 , by eliminating the words " Massachusetts Department of Environ -
mental Quality Engineering" and substituting the words "Title V . of the Mass .
Dept. of Environmental Quality Engineering Regulations filed May 20 , 1977 ,
as amended ."
Adopted unanimously
ARTICLE 114 . To see if the Town will vote to amend the Zoning By - Law,
SECTION X , SPECIAL REGULATIONS A . MULTIFAMILY DWELLINGS
by eliminating the present paragraph 4 and substituting the following :
a. Except for legal access, 50 feet from the roadway , 15 feet from each
sideline and 30 feet from the rear line shall be
left s undisturbed
the
yard (yard as defined in SECTION II , Page 6 ,
Zoning By - Law of the Town of Brewster , effective May 14 , 1979 ) .
b . Building and parking areas shall be set back at least 150' from any
existing roadway and at least 200' from any " R " District boundary
line .
IV
c. Dwelling and attached or detached buildings shall be separated from
each other by at least 25' 4
of 10 ,000 square
d . Buildings shall have maximum gross floor space area
feet excluding basement storage area .
145
it
�. .
�..
e . No permits for multifamily dwellings , including row houses, may be
issued by the Inspector of Buildings until all site plans are approved
by the Planning Board .
Adopted unanimously
ARTICLE 115. To see if the Town will vote to amend the Zoning By - Law,
SECTION X , SPECIAL REGULATIONS , by eliminating the present section B .
CLUSTER RESIDENTIAL DEVELOPMENTS and substituting the following :
B . CLUSTER RESIDENTIAL DEVELOPMENT . The Cluster Residential De-
velopment is intended to allow flexibility in lot sizes and building arrangements
for property owners in meeting the basic intent of the dimensional requirement
of SECTION VI while at the same time maintaining the existing character of the
Town . Specifically , the plan of the Cluster Development must be superior to
that of a conventional "grid -type" layout in preserving the natural landscape in
large open areas ; in utilizing the natural features of the land so as to avoid ex -
tensive topographical change or development on geographically unsuitable land ;
in preserving scenic views from public ways ; in providing for fewer street and
driveway openings onto through streets ; in the provision for utilities and other
public services , and must be at least equal to a conventional plan in all other
respects .
Any parcel of at least ten acres in size in the " R - R " , " R - L" and " R -M " Districts
may be used for a Cluster Development and divided into lots and such lots may
be built upon for a single family residential use under the following alternative
frontage and lot area regulations rather than those otherwise applicable , pro-
vided the Planning Board authorizes such division by Special Permit, Such Spe-
cial Permit shall be granted only upon Planning Board determination that the
following requirements have been met, and that such alternative development
better serves District intent and better serves the neighborhood of the land being
developed ( SECTIONS III and V ) and BY- LAW PURPOSES ( as stated in MGL ,
CHAPTER 40A ) than would development under otherwise applicable rules :
1 . Number of Dwelling Units . The basis number of dwelling units al-
lowed in the development within an " R - R " , " R- L" or " R -M " District
shall not exceed the number of units which could be developed under
normal applications of the " R - R " , " R - L " or " R -M " Districts , re-
spectively . That number may , at the owner's option , be determined
by Planning Board estimate or by an alternative " conventional " plan
certified to comply by a Registered Land Surveyor and Professional
Engineer. Such determination may be appealed to the Zoning Board
of Appeals by any party having standing , as provided in SECTION S
of CHAPTER 40A , M . G . L .
2 . Documentation . All lots upon which dwellings are to be constructed
under SECTION X . , B . shall be on a plan to be recorded which indi -
cates that SECTION X . , B . applies, and that no additional building
lots are to be created through future land division within the Cluster
Residential Development.
146
? .
i
'1V 11
MOM
.
� , ,
3 . Lot frontage . The minimum frontage of any lot shall be not less than
for lots
on
50 feet , except thatrrless than having
115 feet and the a er ge
an existing street shall not be
ithin an " R - R " or " R - L" district having ron age
frontage for lots w
o
only on an existing streetbe shall
Iwherelikelyttonresultft
na hazardous
frontage shall not
concentration of egress points .
4 . Lot Set- backs . The present
bshall apply front, side and rear yards as
stated in Table 2 of SECTION V
5 , Individual Lot Area . Lot sizes shall be determined by on-site super-
vised percolation tests according to the following table :
Minimum Lot Size
Percolation Rate R M „ " R - Rr1 & " R - L"
( minute) 30, 000 sq . ft.
10 or less 20 , 000 sq . ft• 40 ,000 sq . ft.
11 or greater
30 ,000 sq . ft.
For lots , however, that have frontage only on an existing street, the
lot size shall not be less than 30 ,000 square feet.
g. Lot shape . Lots created under these circumstances ntthe following
be so shaped
that they can contain a circle of the diameter given
table , within which any principal building shall be located :
Diameter of Circle for District
— " R- R " o_ rR - U '
" R -M "
150 feet
120 feet
7 . The Development shall be served by public water , if available within
500 feet of the Development.
8 . The tract area not utilized for lots and roads shall be set aside as com-
mon open land .
profit
9 . Such common land shall be conveyed aoo o theion ootrust o r to anednby the
open space organization , or to P
residents of the Development, as provided
videPland bg SECTION 9 of Chapter
40A , M . G . L. and as approved by t
to
10 . Such common open land shall otherl recdreationefacility suitable
andbonserr
such uses as a park , playground ,
vation area and shall preserve the natural landscape in large contiguous
areas.
Tabled until August 270 1984
147
ARTICLE 116. To see if the Town will vote to amend the Zoning By - Law,
SECTION X , SPECIAL REGULATIONS, by eliminating the present Section C .
PLANNED UNIT DEVELOPMENTS and substituting the following : C.
PLANNED RESIDENTIAL DEVELOPMENT , The Planned Residential Devel -
opment ( PRD ) is intended to provide an alternate pattern of land development
to the pattern permitted in the " R -M " and " R - L " residential zones . Specifically ,
it is intended to encourage the conservation of significant tracts of common
open space and the preservation of natural features of the land , while at the
same time providing for a greater mixture of housing types.
A Planned Residential Development shall result in :
I . Preservation of the natural landscape in large open areas, designed to
foster the continuation of existing ecosystems .
ll . Efficient allocation , distribution and maintenance of common open
space to protect valuable natural environments, outstanding vegeta-
tion or scenic spots, and critical wildlife habitat.
III . Economic and efficient street, utility , and public facility installation ,
construction and maintenance .
IV . Housing and land development harmonious with natural features so
as to avoid extensive topographical change necessitating vegetation
and tree removal .
V . Preservation of ground water quality and prevention of pollution of
adjacent open bodies of water .
VI . Preservation of water views or other scenic views from public ways .
In addition , the Planned Residential Development shall comply with the follow-
ing requirements :
1 . Minimum required land area for a planned residential development
shall be 25 contiguous acres of buildable uplands as defined in the
Zoning By - Law , in single or consolidated ownership at the time of
application .
2 . A plan for the development of the entire tract and an impact study
shall be submitted to the Planning Board for Special Permit Approval .
The plan shall be prepared by a registered architect, a professional engineer and
a registered land surveyor. The development plan shall include the following :
a . The location and acreages of area to be devoted to specific uses .
b . A thoroughfare plan and a public utility plan .
c . Proposed residential density of development in terms of dwelling units
per acre and proposed commercial uses in square footage .
148
Ile
Ile
ee
d . A separate plan showing the location of buildings, of parks , of open
recreation areas and of other open spaces and of any other commu -
nity uses.
e . Maps to a scale of 1 " = 100 ' including the tract and surrounding area
within 100 feet .
f. Areas of conservation interest or environmental concern such as
ponds, streams, bogs, marshes, swamps , bay and estuaries and upland
areas bordering these wetlands ; steep slopes, dunes and areas with
high water tables .
An analysis of the consequences of the proposed development shall be included ,
evaluating the following impacts at a level or detail appropriate to the number of
units proposed :
a. Natural environment : A plume study shall be undertaken , the neces-
sary geohydrological services to be performed by a firm acceptable
to the Planning Board . The scope of these services shall include :
i . The development of a water table contour map in the vicinity of d
the proposed project to determine probable ground water flow
directions.
ii . Projection of nitrogen levels in downgradient groundwater .
iii . The evaluation of the impacts on public and private drinking
water, on lakes and ponds and on coastal waters .
iv . Copies of the report shall be available to the Cape Cod Planning
and Economic Development Commission and the Brewster Water
Quality Review Committee .
b . Public Services : Traffic safety and congestion , need for water system
improvements, need for additional public recreational facilities, need
for additional school facilities.
c. Economics : Municipal costs and revenues, local business activity ,
local jobs .
d . Visual Environment : Visibility of buildings and parking, visual con-
sistency with existing development of the area .
3 . The developer shall provide within the Planned Residential Development
an internal sewage collection system which shall be of sufficient size and
design to collect all sewage from all present and probable structures in the
development. The developer shall also provide a communal sewage treat-
ment and disposal system in accordance with Title V of the Massachusetts
Department of Environmental Quality Engineering Regulations filed May
20 , 1977 , as amended , and which is also of sufficient size to dispose of all
149
sewage from all present and probable structures within the Planned Resi -
dential Development. The entire system must also be approved by the
Brewster Board of Health .
4 . The developer shall also provide within the Planned Residential Develop -
ment a storm drainage system which shall be of sufficient size and design
as will collect, carry off and dispose of all surface water runoff within the
development determined by a rational method of a 20 year storm , and
shall be so constructed as to conform with the regulations of the Town of
Brewster and the Commonwealth of Massachusetts Department of Public
Works Construction Standards with appropriate computations and drain -
age schedules attached .
5 . The developer shall provide within the Planned Residential Development
a water distribution system which shall be approved by the Brewster Water
Department and shall be of sufficient size and design to supply potable
water to each of the structures to be erected in the development. This dis-
tribution system must be connected to and served by the public water
system of the Town . The developer shall also provide a fire hydrant with -
in 500 feet of each structure . I
6 . In order to achieve the most beneficial allocation of the required open
space, the Planning Board may request the written advisory opinion of
any appropriate Town Board or Agent in order to evaluate the areas of
conservation interest and environment concern designated in Section 2. f.
above .
7 . The following uses only shall be permitted within a Planned Residential
Development :
a . Single-family attached or detached dwelling.
b . Two-family or multifamily dwelling.
c. Accessory private garage .
d . Private park or recreation area which may include a golf course ,
swimming pool , tennis court, ice skating rink and other similar recrea-
tional uses subject to the Performance Standards stated below :
e . Stores with an aggregate gross floor area of two thousand feet or less
primarily serving the local retail needs of the residents . The necessary
parking spaces to be provided in accordance with the appropriate
r Zoning By - Law.
f. Signs in accordance with SECTION VII .
PERFORMANCE STANDARDS
No uses shall be permitted within which will produce noise , glare,
odor, air pollution , fire hazards or other safety hazards, smoke , fumes
150
X ,e" e,leveev lee leer
� . V, ei „ ..
substantially detrimental to existing or prospective development of
the neighborhood , including abutting properties, as determined by the
Brewster Planning Board prior to approval .
8 . Within a Planned Residential Development the following percentages of
the total land area shall be devoted to the specific uses :
a . A minimum of 60 per cent of the total area , of which at least 15 acres
shall be buildable upland , shall remain as open space . The open space
may be used for recreational purposes by residents of the P . R . D . and
may include such areas as woodland , open fields , golf course , parks,
gardens , grassed courts or clothes drying areas.
No paved or non -vegetated space may be included as open space , and
no building may be erected on such open space .
b . The remaining 40 percent of the total P . R . D . area for development,
including roads , drives and parking lots , may be utilized for residential
and commercial purposes. The residential area shall be spread over at
least 75 per cent of this 40 per cent. In computing land to be con -
sidered as devoted to residential and commercial use , no part of the
60 per cent designated as open space in 8 a . may be included .
9 . The residential density shall not exceed that which would be permissible
under a normal subdivision development in an " R - M " and " R - L" District
as applicable .
10 . There shall be no minimum lot size , no minimum percentage of lot cover-
; age and no minimum lot width . However, every single family dwelling
shall be set back at least 20 feet from the street right- of-way and shall have
access to a public street, court, walkway or other area dedicated to public
use . No structure and no group of structures ( such as semi- detached
dwellings or a row of town houses ) shall be erected within 24 feet of any
other structure or group of structures. However, every residential struc-
ture shall be set back at least 20 feet from any way within the P . R . D .
11 . The proposed location and arrangement of structures shall not be detri -
mental to existing or prospective adjacent structures and adjacent proper-
ties or to existing or prospective development of the neighborhood . To
achieve this , a buffer zone of natural vegetation 50 feet minimum in width
shall be maintained between the development and any abutting property ;
a buffer zone of natural vegetation 100 feet wide shall be maintained be
tween the development' s recreational facilities ( swimming pool , tennis
courts, game facilities) and any abutting property .
I ell
12 . To insure the protection of sensitive environmental areas from pollution ,
Ile
erosion , sedimentation and other adverse effects or construction and
development, no buildings shall be allowed within 50 feet of any water-
body or wetland . Roads and other access structures such as paths , board-
walks and steps may be closer to these areas providing the Planning Board
151
determines that no adverse effects shall result due to their construction or
presence .
13 . The dimensions and construction of roads, alleys and parking areas within
the development, whether or not the dedication of them to the Town is
contemplated , shall conform to all applicable regulations of the Town ,
including, in particular, the Rules and Regulations Governing the Subdi -
vision of Land adopted by the Planning Board .
14 . The rnaximum permitted height of structures shall be 30 feet, or 2 '/2
stories .
15 . Open spaces between structures, including those spaces being used as pub-
lic or private recreational areas , shall be protected by adequate covenants
running with the land or by conveyances or dedications .
16 . Any modification of an approved Planned Residential Development must
be approved by the Planning Board . The Planning Board may require a
Public Hearing for the modification of a Planned Residential Development
( P . R . D . )
Adopted `les 258 No 16 �
ARTICLE 117 . To see if the Town will vote to adopt the following bylaw or
act otherwise in relation thereto :
"SEWAGE LIMITATION
" 1 . Purpose and Authority .
This bylaw is adopted under the authority of Section 13 of Chapter 43B , G . L .
for the purpose of protecting ground and surface water quality during an interim
period while the Town further studies its ground water . It shall expire on July
1 , 1987 , or such earlier time as the Town Meeting adopts alternative water pro-
tection measures.
"2 . Water Quality Areas .
The Town is hereby divided into three water quality areas , as follows :
WQ1 : That area between Cape Cod Bay and a line parallel to and 500 feet
southerly of the northernmost of Lower Road and Route 6A .
- WQ2 : Any area not WQ1 or WQ3 .
WQ3 : That area designated "Water Resource District" in the Brewster
Zoning By - Law .
152
113 . Definitions.
' Base date' shall mean the same day of the month 12 months earlier .
' Development area' shall mean all . contiguous property within Brewster which
has been in the same ownership at any time subsequent to January 1 , 1978.
' Equivalent gallons of disposal ' shall mean the volume of sanitary sewage esti-
mated to be generated , based on Section 15. 02 of 310 CM
Fi 1
5. 0
of the St 0 (Title 5
State Environmental Code ) , with that volume weighted g ted as follows :
If disposal is in area WQ1 the equivalent gallons shall equal 0 . 3 times the
actual estimated gallons.
If disposal is in area WQ2 , the equivalent gallons shall equal 1 . 0 times the
actual estimated gallons.
If disposal is in area WQ3, the equivalent gallons shall equal 2 . 0 times the
actual estimated gallons.
' Notice ' shall mean publication twice in a newspaper of general circulation in
Brewster of a notice identifying the application and time and place of
hearing, with copies of the notice being sent to the Selectmen , Water
Commissioners, Conservation Commission , and Planning Board .
" 4 . Limitations.
Construction permits for new or expanded sewage disposal facilities shall 'ibe
granted by the Board of Health only if one or more of the following are true :
a ) the disposal is consistent with a Disposal Management Plan ap -
proved by the Board of Health under paragraph 5, or
b ) if the applicant has owned a building lot for five consecutive years
a permit shall be granted for his personal use, or
c) authorized increases in disposal will not exceed 1 ,000 equivalent
gallons per day counting the permit being applied for plus all
others authorized in the same development area subsequent to the
base date, or
d ) construction of facilities for disposing less than 40, 000 equivalent
gallons per day of sanitary sewage have been authorized townwide
subsequent to the base date , and this permit plus all others issued
to the same applicant subsequent to the base date is for less than
50% of the difference between 40, 000 equivalent gallons per day
and the townwide total of equivalent gallons authorized subse-
quent to the base date .
" 5 . Disposal Management Plans
The owner or owners of any property or set of properties on which more than
1 , 000 equivalent gallons per day of disposal are planned may apply to the Board
153
of Health for approval of a Disposal Management Plan . The Board of Health
shall hold a public hearing on the application following notice at the applicant's
expense . The Board shall make its decision within 60 days of that hearing,
which may be held jointly with hearings of other agencies.
Disposal Management Plans shall designate the dates subsequent to which the
owner proposes that each lot or development increment will be authorized to
exceed the limits of Section 4 . Plans shall normally be approved if one or more
of the following are determined to be true :
a ) The Plan provides for adding each year no more than 1 , 000 equiva-
lent gallons per day of sanitary sewage disposal , or
b ) The Plan provides assurance of water quality protection through
tertiary treatment, or
C ) The Plan provides equivalent assurance of water quality protection
through site development substantially less dense than allowed by
right under zoning or by other mitigations . Equivalency shall be
documented by the applicant through a hydrogeological study
consisting of :
( i ) a water table contour map in the vicinity of the proposed
project to determine groundwater flow directions ; and
projection of levels of nitrogen or other constituents specified
by the Board of Health for downgradient groundwater ; and
( iii ) an evaluation of the probable impact on drinking water ( pub-
lic and private wells ) , on lakes and ponds , and on coastal
waters .
A Plan shall be deemed 'equivalent' provided that projected constituent levels
in downgradient groundwater at the boundaries of the premises at full develop -
ment do not exceed half the constituent levels specified by DEQE in " Drinking
Water Standards of Massachusetts, " and any substantial uncertainties are man-
aged through provisions for monitoring or other means.
"6 . Variance .
Variances from the requirements of the Bylaw may be granted by the Board of
Health following a public hearing with notice given at the expense of the appli -
cant, but only in circumstances where peculiarities of that case not created by
the applicant make compliance a hardship or infeasible , and where the purposes
of this Bylaw will not be compromised by that variance . Granting or denial of
a variance shall be in writing, and shall contain a statement of the reasons for
the action . "
I move that Article 117 be postponed to a time certain at the continuation of
the Annual Town Meeting of August 27 , 1984 , and that the Brewster voters at
E
154
E
i
i
the Annual Town Meeting of May 14 , 1984 do hereby act to insure water
quality and control of the Town ' s destiny by directing the Board of Selectmen
to formulate a committee consisting of :
One member of the Board of Selectmen ;
One member of the Brewster Conservation Commission ;
One member of the Brewster Recreation Commission ;
One member of the Brewster Planning Board ; and
One member of the Brewster Water Commission
henceforth to be called the Brewster Land Acquisition Committee . The said
Brewster Land Acquisition Committee will be directed to report back at a Spe-
cial Town Meeting, within the continuation of the Annual Town Meeting sched-
uled for August 27 , 1984 , with a list of properties and any necessary articles for
funding the said acquisition of properties to be taken by the power so given to
the Board of Selectmen of Eminent Domain . And further, to bring before the
voters any articles necessary to implement the so-called land acquisition pro-
gram .
Adopted
Meeting adjourned at 11 : 45 p . m .
A true copy , ATTEST :
BARBARA A . VAUGHN , CMC
Town Clerk
Ile, I
155