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HomeMy Public PortalAbout1989-11-13 Special Town Meeting /�. . lxle Iv eve I v vv STM — 11 /13/89 Report of the SPECIAL TOWN MEETIN%* November 13, 1989 In accordance with the Warrant , the Special Town Meeting e tiner 13wwas held in the Brewster Elementary School Cafetorium , Monday , The meeting was called to order at 7 : 00 p . m . by the Moderator , Stephen L . A . Doyle . The Tellers were Edwin e a Dorotlhea Duganh can GaHanlon , Nn and ge , HelenAll nCarl June F . Gallant . Checkers w Scrivener , Mary Tucker and Mitsy Unger . A quorum was present . The Warrant was read by Town Clerk , Joan K . Cole , with the exception of the Articles which were read as they were being considered . A presentation of certificates of appreciation was made by the Selectmen to recently retired committee and commission members . Receiving certDonald ificates were Howard Armstrong , Ruth Edd William Harvie , Richard Perry , Ferguson and James Stewart . ARTICLE 1 . To see if the Town will vote to transfer from available funds a sum of money to pay unpaid bills from previous fiscal years : 1 . Cape Discount Fuel , Inc . $ 85 . 801 ,062 .74 2 . Golf Department Salaries & Wages 159 . 25 3 . Walker Oil Company , Inc . 1 , 637 . 84 4 . Veterans ' Services 31180 . 60 5 . Nauset Sports 11752 .00 6 . Orleans Water Department $7 ,878 . 23 r : or to take any action relative theretoeve . ( Board of Selectmen ) MOTION : I move that the Town vote to approve Article 1 as printed in the Warrant , with the elimination of No . 5 , Nauset Sports , and to transfer the sum olit f $4 , 698 .00 from Line Item No . 113 of Article 9 of the 19ex 89 Annual Town Meeting for this purpose . ACTION : ADOPTED UNANIMOUSLY 48 Me A. STM — 11 /13/89 ARTICLE 2 . To see if the Town will vote to designate the apple grafted by Anthony S . Mercaitis of White Oak Trail in Brewster as the ' Brewster Apple " , or take any action relative thereto . ( Board of Selectmen ) MOTION : I move that the Town vote to indefinitely postpone consideration of Article 2 . ACTION : INDEFINITELY POSTPONED MOTION : I move that the Town vote to approve Articles 3- 10 as printed in the Warrant . ACTION : ADOPTED UNANIMOUSLY ARTICLE 3 . To see if the Town will vote to transfer the sum of Eight Thousand and 00/ 100 ( $8 ,000 .00 ) Dollars , raised and appropriated under Article 2 of the May 8 , 1989 Special Town Meeting and , instead , to appropriate and expend those funds for the purposes expressed in Article 23 of the May 8 , 1989 Annual Town Meeting , or to take any other action relative thereto . ( Board of Selectmen ) MOTION : Article 3 moved with Articles 3 - 10 . ACTION : UNANIMOUSLY ADOPTED ARTICLE 4 . To see if the Town will vote to transfer the sum of Seven Thousand Nine Hundred Sixty -one and 00 / 100 ( $7 ,961 . 00 ) Dollars appropriated for part of the Treasurer/Collector salaries in Line 21 of Article 9 of the Annual Town Meeting and to appropriate it , instead , for the purposes of additionally funding the Town Clerk /Clerical salaries and wages expressed in line 23 of the same Article , or to take any action relative thereto . ( Personnel Board ) MOTION : Article 4 moved with Articles 3 - 10 . ACTION : UNANIMOUSLY ADOPTED ARTICLE 5 . 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 three poles on land of the Town of Brewster as shown on a plan recorded in Plan Book 202 , Page 109 at the Barnstable County Registry of Deeds . The easement is to be located on the southwesterly portion of land adjacent to Run Hill Road , or to take any action relative thereto . ( Board of Selectmen ) 49 STM — 11 / 13/89 MOTION : Article 5 moved with Articles 3 - 10 . ACTION : UNANIMOUSLY ADOPTED I ARTICLE 6 . To see if the Town will vote to amend the Intermunicipal Agree- ment between the Towns of Orleans , Brewster and Eastham for the construc- tion , management and operation of a Septage Treatment Facility dated May 30 , 1985 , as amended , as follows : 1 . Under Section VI , Apportionment and Payment of Costs , Paragraph E . Payment of Operating Costs , by striking out said Paragraph E and in - serting a new Paragraph E to read as follows : " E . The Board of Managers are authorized to appoint a Treasurer / I , Collector for the Orleans , Brewster and Eastham Groundwater Pro - tection District , The Towns of Orleans , Brewster and Eastham shall pay to the District Treasurer /Collector their shares of the annual 1 operating installments on or before the 10th day of July , October , January and April in each year such payments are required . " 2 . Under Section VI , Apportionment and Payment of Costs , Paragraph F . Fees , by striking out subparagraphs 1 and 2 and inserting a new sub- paragraph 1 to read as follows : " 1 . The District Treasurer/Collector shall be responsible for direct- ing the billing and collecting of fees for use of the facility . Any fees collected for septage outside the three towns shall be applied to the overall budget of the operation and maintenance of the facility . " or take any other action relative thereto . ( Board of Managers ) MOTION : Article 6 moved with Articles 3 - 10 . ACTION : UNANIMOUSLY ADOPTED ARTICLE 7 . To see if the Town will vote to accept Chapter 41 : Section 418 of the Massachusetts General Laws as follows : PAYMENT OF PUBLIC EMPLOYEES BY DIRECT BANK CREDITS The Treasurer of any town which accepts this section may pay salaries , wages , or other compensation to any person in the service of such town by means of deposits to a deposit account or accounts of such person in any one or more savings or cooperative banks , trust companies , or credit unions incorpo rated in or chartered by the Commonwealth ; in any one or more national bank ing associations , federal savings or loan associations or federal credit unions located in the Commonwealth ; in any one or more banking companies or Morris IV 50 141 STM — 11 /13/89 Plan companies subject to chapter one hundred and seventy -two A ; or any one or more savings or loan associations under the supervision of the Commissioner of Banks ; provided , that such person has specifically authorized such deposits , and provided further , that if such deposits are made initially to accounts estab- lished for such persons in any one such bank , trust company , credit union , or association , the depository shall have agreed with the Treasurer on terms satis - factory to the Treasurer for the immediate direct transfer of such deposit to any other such bank , trust company , credit union , or association designated by each such person , or to take any action relative thereto . ( Town Treasurer ) i F. MOTION : Article 7 moved with Articles 3 - 10 . ACTION : UNANIMOUSLY ADOPTED ARTICLE 8 . To see if the Town will vote to accept Chapter 44 : Section 65 of the Massachusetts General Laws as follows : 1 VACATION PAY ; ADVANCES TO EMPLOYEES I In any town which accepts the section at a town meeting , advances of pay may be made to any officer or employee thereof in advance of his regular vaca - i tion to the extent of the pay to which he is about to be entitled during such vacation period under such regulations as the Town Treasurer may prescribe , or to take any other action relative thereto . ( Town Treasurer ) MOTION : Article 8 moved with Articles 3 - 10 . ACTION : UNANIMOUSLY ADOPTED ARTICLE 9 . To see if the Town will vote to accept an Equal Educational Opportunity Grant to the Brewster Elementary School for Fiscal Year 1990 in the amount of Thirty -one Thousand Five Hundred Ninety -four and 00/ 100 ( $31 ,594 . 00 ) Dollars under the provisions of Section 5 of Chapter 70A of the General Laws , as inserted by Section 12 of Chapter 188 of the Acts of 1985 , or take any other action relative thereto . ( Brewster School Committee ) MOTION : Article 9 moved with Articles 3 - 10 . ACTION : UNANIMOUSLY ADOPTED 51 i � . � ex STM - 1111 /113/89 ARTICLE 10 . To see if the Town will vote to accept an Equal Educational Opportunity Grant to the Nauset Regional School Committee for Fiscal Year 1990 in the amount of Fifty -seven Thousand , Nine Hundred Seven and 00/ 100 ( $57 , 907 .00 ) Dollars under the provisions of Section 5 of Chapter 70A of the General Laws , as inserted by Section 12 of Chapter 188 of the Acts of 1985 , or take any other action thereto . ( Nauset Regional School Committee ) MOTION : Article 10 moved with Articles 110 . ACTION : UNANIMOUSLY ADOPTED ARTICLE 11 . To see if the Town will vote to authorize the Board of Assessors to undertake a property revaluation of the Town of Brewster and to transfer a sum of money from available funds for the following : 1 1 . Create and hire the position of a full -time Administrative Clerk ; V 2 . authorize a contract or contracts for professional services for a field review of real estate parcels ; 3 . purchase , install and support computer hardware and software for the Assessors ' , Collector's , Treasurer 's and Accountant's Office ; i I 4 . and to fund other related expenses for this revaluation program ; 4 or take any other action relative thereto . f C ( Board of Assessors ) MOTION : I move that the Town vote to approve Article 11 as printed in the Warrant, and to transfer the sum of $245 ,000 .00 from Free Cash for this pur- t pose . r ACTION : ADOPTED UNANIMOUSLY t ARTICLE 12 . To see if the Town will vote to accept from Lawrence F . Crocker , f Jackson H . Crocker , and Martha E . Dobrowolski the gift of the real property located off Great Fields Road and being shown on Brewster Assessors ' Map 35 , Lot 70, and to place the same under the jurisdiction and control of the Con - servation Commission , pursuant to Massachusetts General Laws , Chapter 40 , Section 8C, or to take any other action relative thereto . i E ( Board of Selectmen ) j MOTION : I move that the Town vote to approved Article 12 as printed in the Warrant . I 52 1 ell IV Ile ee ev STM — 11 / 13/89 14 1 ACTION : ADOPTED UNANIMOUSLY � ' � ' ARTICLE 13 . To see if the Town will vote to transfer from available funds < . be the sum of Twenty -five Thousand and 00/ 100 ( $25 ,000 . 00 ) Dollars for pro - el fessional and technical assistance , to support the Board of Selectmen 's Growth % Policy Study Committee , or to take any action relative thereto . ell ( Board of Selectmen ) MOTION : I move that the Town vote to approve Article 13 as printed in the Warrant and to transfer the sum of $25 ,000 . 00 from Line Item No . 113 of Article 9 of the 1989 Annual Town Meeting for this purpose . z. ACTION : DEFEATED ARTICLE 14 . To see if the Town will vote to transfer from available funds the sum of Twenty Thousand and 00/ 100 ( $20 ,000 . 00 ) Dollars for a groundwater monitoring program in and around the Sanitary Landfill , or take any action relative thereto . ( Board of Health and Department of Public Works ) MOTION : I move that the Town vote to approve Article No . 14 as printed in the Warrant and to transfer the sum of $20 ,000 .00 from Free Cash for this purpose . ACTION : ADOPTED ARTICLE 15 . To see if the Town will vote to authorize the Board of Selectmen , acting through the Brewster Housing Partnership , as its agent, to enter into a lease agreement with or grant , conditionally or unconditionally , a parcel of land to its chosen contractor to be used for development of 20 single family afford - able homes off Slough Road in Brewster at the location known as Belmont Park , Assessor's Map 51 , 98- 1 , 98 -2 . Following the construction of the homes at Belmont Park , individual portions of the lease , if applicable , will be assigned to the respective home owners at Belmont Park , or to take any other action relative thereto . ( Board of Selectmen ) MOTION : I move that the Town vote to approve Article No . 15 and to autho - rize the Board of Selectmen , acting through the Brewster Housing Partnership , as its agent to conditionally grant a parcel of land to its chosen contractor to be used for the development of 20 single family affordable homes off Slough Road in Brewster at the location known as Belmont Park , Assessor 's Map 51 , Parcel 98- 1 . ACTION : ADOPTED YES 385 NO 54 53 STM — 11 /13/89 ARTICLE 16 . To see if the Town will vote to authorize the Board of Water Commissioners to issue rules and regulations governing the control and /or prevention of backflows into the public water supply and the creation and main - tenance of cross connections . And to authorize the Board of Water Commis - sioners to establish and enforce a schedule of fines for the violation of these rules and regulations , or to take any other action relative thereto . ( Water Commission ) MOTION : I move that the Town vote to approve Article No . 16 as printed in the Warrant . ACTION : ADOPTED ARTICLE 17 . To see if the Town will vote to adopt the following by - law as Article I , Section 8-2 of the Code of the Town of Brewster : Whoever violates any of the Board of Water Commissioners Rules and Regulations listed below may be sanctioned through the non -criminal disposition process authorized by Mass . Gen . Laws Ch . 40 , Section 21D t 1D , as amended . Resort to this non- criminal disposition method shall lie within the discretion of the enforcing officer , and , for the purposes of this procedure , the enforcing officer shall be the Water Superintendent and any member of the Police Department . This option of non -criminal dis- position shall exist wholly in addition to all other available enforcement alternatives . Any enforcement officer who takes cognizance of a violation of the by - law subject to this non -criminal disposition procedure , and who elects , as an alternative to criminal process , to proceed with non -criminal enforce- ment , shall give the offender a written notice to appear before the Clerk of the Orleans Division of the District Court Department at any time during office hours and not later than twenty -one days after the date of such notice . Each day during which a violation of the Board of Water Commissioners Rules and Regulations continues shall be deemed to be a separate offense , subject to this non -criminal disposition process , or take any other action relative thereto . (Water Commissioners ) F MOTION : I move that the Town vote to approve Article No . 17 as printed in the Warrant , with the exception of striking the words " listed below " in the fifth line of the said article . ACTION : DEFEATED i I 54 STM — 11 /13/89 ARTICLE 18 . To see if the Town will vote to transfer the sum of Twenty Thousand and 00/ 100 ( $20 ,000 . 00 ) Dollars from the Water Surplus Fund , for the purpose of permitting water withdrawal from Well No . 3 and approved Well Sites 2185 and 1984 , in compliance with the Massachusetts Water Manage- ment Act . And to authorize the Board of Water Commissioners to expend these funds for this purpose , or take any other action relative thereto . ( Water Commission ) MOTION : I move that the Town vote to approve Article No . 18 as printed in the Warrant and to transfer the sum of $20 ,000 . 00 from Water Surplus for this purpose . ACTION : ADOPTED UNANIMOUSLY ARTICLE 19 . To see if the Town will vote to transfer the sum of Twenty Thousand and 00/ 100 ( $20 ,000 .00 ) Dollars from the Water Surplus Fund , to a Water Engineering Account for preparatory work for water main installa - tion on Freemans Way across Route 6 . And to authorize the Board of Water Commissioners to expend these funds for this purpose , or take any action relative thereto . ( Water Commission ) MOTION : I move that the Town vote to approve Article No . 19 as printed in the Warrant and to transfer the sum of $20 ,000 .00 from Water Surplus for this purpose . ACTION : ADOPTED UNANIMOUSLY ARTICLE 20 . To see if the Town will vote to transfer from available funds the sum of Five Thousand and 00/ 100 ( $5 ,000 .00 ) Dollars to be added to the Conservation Fund , or to take any other action relative thereto . ( Conservation Commission ) MOTION : I move that the Town vote to indefinitely postpone consideration of Article 20 . ACTION : INDEFINITELY POSTPONED ARTICLE 21 . To see if the Town will vote to dissolve the Punkhorn Manage - ment Advisory Board , as described in Article 70 of the May 9 , 1988 Annual Town Meeting , and to create a new three member committee to be known as the Punkhorn Parklands Coordinating Committee , to consist of the Chairmen of the Board of Selectmen , Conservation Commission and the Water Commission or their designees . Said committee shall be responsible for making recommenda - tions to and coordinating issues regarding the management of the Punkhorn Parklands for the Neater Commission , Conservation Commission and the Board of Selectmen , or take any action relative thereto . ( Board of Selectmen ) 55 STM — 11 /13/89 MOTION : I move that the Town vote to approve Article 21 to dissolve the Punkhorn Management Advisory Board , as originally described in Article 70 of the May 9 , 1988 Annual Town Meeting , ACTION : ADOPTED ARTICLE 22 . To see if the Town will vote to transfer from available funds the sum of Seven Thousand Five Hundred and 00/ 100 ( $7 , 500 .00 ) Dollars to fund the professional services of Labor Counsel during the collective bargaining negotiations with the International Brotherhood of Police Officers ( IBPO ) representing the Brewster Patrolmen 's Association , or to take any action relative thereto . ( Board of Selectmen ) MOTION : I move that the Town vote to approve Article 22 as printed in the Warrant and to transfer the sum of $7 ,500 . 00 from Line Item 113 of Article 9 of the 1989 Annual Town Meeting for this purpose . ACTION : ADOPTED ARTICLE 23 . To see if the Town will vote to transfer from available funds the sum of One Thousand , Eight Hundred and Twenty and 00/ 100 ( $ 1 ,820 . 00 ) Dollars to purchase a printer and software , and to pay installation expenses , for a computer system which is being purchased partially through a grant from the Commonwealth 's Department of Elder Affairs to be used by the Council on Aging , or to take any action relative thereto . ( Brewster Council on Aging ) MOTION : I move that the Town vote to indefinitely postpone consideration of Article 23 . ACTION : INDEFINITELY POSTPONED 4 ARTICLE 24 . To see if the Town will vote to accept the sentence added to Paragraph ( b ) of subsection ( 2 ) of section 4 of Chapter 32 of the Massachusetts General Laws by Chapter 172 regarding the buy back of retirement time for call firefighters and reserve police officers . Said sentence reads as follows : " For a reserve or permanent- intermittent police officer or a reserve , per- manent- intermittent or call firefighter retiring from a governmental unit accepting the provisions of this sentence , the board shall credit , in addition to the five years of credit allowed pursuant to the preceding sentence , as one day of full -time service each day in any year which is subsequent to the fifth year following said appointment and on which a reserve or permanent- intermittent police officer or a reserve , permanent- intermittent or call firefighter was assigned to and actually performed duty as a reserve or permanent- intermittent police officer or reserve , permanent - intermittent I I 56 i STM — 11 /13/89 or call firefighter ; provided , however , that such service as a permanent- intermittent or call firefighter shall be credited only if such firefighter was latera appointed as a pp permanent member of the fire department ; provided , further, that this sentence shall take effect in a city by vote of the city council in accordance with its charter , in a town which maintains a separate contributory retirement system by vote of the town meeting , r „ in a town whose eligible employees are members of the county retirement system of the county wherein such town lies by vote of a town meeting i and by acceptance by the county commissioners of said county , in a dis - trict which maintains a separate contributory retirement system by vote of I the district meeting , and in a district the eligible employees of which are members of a county retirement system by vote of the district meeting and by acceptance of the county commissioners of said county , " or take any action relative thereto . ( Fire Department ) MOTION : I move that the Town vote to approve Article 24 as printed in the c Warrant . ACTION : ADOPTED ARTICLE 25 . To see if the Town will vote to adopt the following by- law t regarding fire and medical alarms : "Any building which has a fire alarm system or other fire protection sys - tem or medical alarm , which transmits an alarm off- premise shall be required to have the following : 1 . Permit to install or alter system . 2 . Provide a secure key box installed in a location accessible to the Fire Department in case of emergency . The key box shall contain keys necessary to operate or service fire protection or medical systems . The key box shall be a type approved by the Chief of the Brewster Fire Department , and shall be located and installed as approved by the Chief . Any building owner violating this By - Law after receiving due notice by the Fire Department shall be subject to a fine of one hundred dollars ( $ 100 .00 ) . Existing systems will have six ( 6 ) months after adoption of this By - Law to bring premises up to code and to act fully thereon . " or take any action relative thereto . ( Fire Department ) 57 STM — 11 / 13/89 MOTION : I move that the Town vote to approve Article 25 as printed in the Warrant , to be entitled Article No . 3 , Chapter 58 of the Code of the Town of Brewster . ACTION : DEFEATED ARTICLE 26 . To see if the Town will vote to amend the ZONING DISTRICTS MAP OF THE TOWN OF BREWSTER , REVISION DATES — May , 1979 & May 1 , 1986 , by changing the RESIDENTIAL LOW ( " R - L " ) District in the far easterly section of the Town , abutting the Orleans Town Line on the East , and Nickerson State Park on the West , and also abutting a Residential — Medium ( " R -M " ) Zone on the North and a ' Residential — Rural ( " R - R " ) Zone to the South , to a RESIDENTIAL — RURAL ( " R - R " ) District , or to take any other action relative thereto . ( Planning Board ) MOTION : I move that the Town vote to approve Article 26 as printed in the Warrant . ACTION : ADOPTED YES 402 N011 MOTION : I move that the Town vote to indefinitely postpone consideration of Articles 27 , 28 , 29, and 30 . i i ACTION : INDEFINITELY POSTPONED I ARTICLE 27 . To see if the Town will vote to amend the ZONING BY - LAW deleting ARTICLE VI , SIGN REGULATIONS , SECTIONS 179 - 18 through 179-20 . 1 in its entirety as written , and adding the following new Article en - titled ARTICLE VI , SIGN REGULATIONS , as follows : i A . STATEMENT OF INTENT : This section establishes the compre- hensive regulations and conditions under which signs are permitted within the Town of Brewster in accord with the powers set forth in Chapter 40A i and Section 29 of Chapter 93MGL . It is intended that these regulations G shall act as guidelines for the protection of the visual environment of the Town ; the safety , convenience , and welfare of the public ; and to " help protect our businesses and encourage their successful growth and develop- ment . " , B . DEFINITIONS : 1 . ABANDONED SIGN — A sign which identifies or advertises a business , service , product , activity , or lessor which no longer exists at that location and /or for which no legal owner can be found . 2 . ACCESSORY SIGN — A sign which does not identify a business ; i . e . , Open , Closed , Vacancy , Hours of Operation , etc . 58 i STM — 11 / 13/89 b 3 . A - FRAME SIGN — See "Sandwich Sign " . t 4 . ANIMATED SIGN — Any sign which uses actual movement or i the illusion of movement . 5 . AREA OF A SIGN — An area determined by multiplying the extreme width by the extreme height , including borders , but exclud - ing supports which do not bear advertisement . Where sign consists of individual letters or symbols, the area shall be considered to be the smallest rectangle which encompasses all the letters or symbols . Only ! one face of a double -faced sign shall be used in computing the area of that sign . 6 . AWNING SIGN — A sign attached to or printed upon textile or fabric material supported by framing and which is attached to a building . 7 . BANNER — A piece of cloth , plastic , or similar material attached , at one or more points , to a pole , staff, or other support . f 8 . CHANGEABLE - COPY SIGN A sign that is designed so that k characters , letters , plaques , or illustrations can be changed or re- arranged without changing the design of the sign . 9 . CONSTRUCTION SIGN — A temporary sign identifying an archi - tect , builder, contractor , sub-contractor , material supplier , or others ., participating in the construction , alteration , or maintenance on the t property on which the sign is located . 10 . DIRECT/ EXTERNAL LIGHTING — Illumination by means of a light source that is external to the sign being lit . 11 . DIRECTIONAL , INFORMATIONAL OR SAFETY SIGN — An on - premise sign which identifies the premises , or the activity , or the business conducted upon such premises and /or which provides direc- tions for the safe and /or efficient flow of traffic . Directional signs shall include those marking entrances , exits , parking areas , loading areas , or other operational features of the premises . 12 . DOOR SIGN OR WINDOW SIGN — Any sign placed inside a window or door facing the outside with characters that exceed two and one -half inches ( 2 - 1 /2 " ) in height , and which is intended to be read from a public way . 13 . DOUBLE - FACED SIGN — A sign lettered on both sides . 14 . FLASHING SIGN — A sign which is illuminated by an intermit- tent , or sequential light source . I ' 59 I ' STM 11 /13/89 15 . FREE STANDING SIGN — A sign supported upon the ground by poles or braces and not attached to any building . 16 . FRONTAGE — The horizontal distance measured along the front lot line between the points of intersection of the side lot lines with the front lot line . 17 . GOVERNMENT SIGN — Any temporary or permanent sign erected and maintained by a duly constituted government . 18 . HEIGHT OF A SIGN — The vertical distance measured from the highest point of a sign to the mean ground grade beneath the sign . 19 . INTERNAL LIGHTING ( INDIRECT LIGHTING ) — Illumination by means of a concealed light source , whereby all incandescent , fluorescent , or neon devices are shielded from view by opaque or translucent materials . 20 . LADDER SIGN — A free-standing sign with two ( 2 ) vertical supports and two (2 ) or more crosspieces serving as individual signs . 21 . NONCONFORMING SIGN — A sign which was erected legally but which does not comply with subsequently enacted regulations . 22 . OFF -PREMISE SIGN — A sign identifying a business or residen - tial use , facility or service which is not located on the premise where such activity is located . 23 . ON -PREMISE SIGN — A sign identifying a business or residential use , facility , or service which is located on the premise where such activity is located . 24 . PLAQUE SIGN — One ( 1 ) or more signs affixed to a common background . 25 . POLITICAL SIGN — A temporary sign associated with the elec- tive process . 26 . PROJECTING SIGN — A sign which extends from a wall of a building . 27 . PUBLIC WAY — Any way , public or privately owned , over which the public has a right to pass . 28 . QUARTERBOARD SIGN — A sign designed to imitate a sign such as might be found attached to the stern of a vessel . I 29 , REAL ESTATE SIGN — A temporary sign which advertises prop erty as being for sale , rent , or lease . 60 RIM r, : STM — 11 / 13/89 30 . ROOF SIGN — Any sign erected upon or above a roof or parapet wall of the building on which it is partially or wholly supported . 31 . SANDWICH SIGN — A self supporting , double paneled , tempo - rary sign , which panels are not parallel but which are connected along one ( 1 ) edge and separated along the opposite edge . If connected on a vertical edge , it is a V-shaped sign . If connected at the top, it is an k A-frame sign . f32 . SIGN — Any permanent or temporary structure , device , letter , I work , model , banner , pennant , insignia , trade flag , or other such device which is used for advertising purposes or to inform the public . 33 . SIGN COMMISSIONER — The person appointed by and account- able to the Selectmen and responsible for the enforcement of this Article . 34 . SPECIAL EVENT SIGN — A temporary sign advertising or per- taining to a civic, patriotic, educational , or other event taking place within the Town . 35 , SUBDIVISION IDENTIFICATION SIGN — A free standing or wall sign identifying a subdivision , condominium complex , or resi - dential development . 36 . SUBDIVISION LOT PLAN DESIGN — A sign depicting the lot plan of a subdivision . 37 . TEMPORARY SIGN — A sign intended for limited term use . 38 . V-SHAPED SIGN — See Sandwich Sign . 39 . WALL SIGN — A single-faced sign attached parallel to or painted on a vertical exterior wall not projecting more than twelve inches ( 12 " ) beyond the wall surface to which the sign is attached and not extending beyond the edges of the wall to which the sign is attached . 40 . WINDOW SIGN — See Door Sign . C . SIGNS PERMITTED IN RESIDENTIAL ZONES : 1 . Residential uses ( no permit required ) : a . One ( 1 ) sign per street frontage which displays the name of the house or the name of the people residing therein , not to exceed two ( 2 ) square feet in area on each side ; or b . Two ( 2 ) signs not to exceed two ( 2 ) square feet in area placed on either side of an entrance drive ; or 61 1 IV IV ee STM — 11 / 13/89 c . One ( 1 ) quarterboard sign , attached to a building or fence , not to exceed six ( 6 ) square feet . 2 . Signs identifying nonconforming uses : a . One ( 1 ) double -faced sign which displays the name of the activity or business conducted therein , said sign not to exceed six square feet on each side ; or b . A quarterboard sign or other sign attached to a building , said sign not to exceed twelve ( 12 ) square feet in area . 3 . One ( 1 ) non -electric sign for a home occupation business not to exceed six ( 6 ) square feet . 4 . One ( 1 ) free -standing sign for each town -owned community facility or other non - profit facility not to exceed twelve ( 12 ) square feet ; and one ( 1 ) wall , projecting , or roof sign not to exceed six ( 6 ) square feet . 5 . One ( 1 ) free -standing sign for each public road frontage of a Town Conservation Area , not to exceed six ( 6 ) square feet . 6 . A sign denoting the name of a way may be placed at the inter- section of a public way and a private way and/ or at the intersection of two ( 2 ) unposted private ways . Said sign shall not exceed one ( 1 ) square foot in area and , if more than one ( 11 sign is necessary at such intersections , then all such signs shall be affixed to a single sign post , frame structure , or other support . ( No permit required . ) D . SIGNS PERMITTED IN BUSINESS AREAS : ( " C- H " ) — Commercial High and ( " V - B " ) — Village Business Districts : 1 . Any sign permitted in the Residential Districts ( " R - R ", " R L " and " R -M " ) and subject to the same provisions . 2 . In general , two ( 2 ) signs are permitted for each business in a commercial zone . For businesses that have frontage on more than one ( 11 public way , one 01 additional free -standing sign of not more than one ( 1 ) half the square foot area of the first free- standing sign is permitted , but must be placed at least two hundred feet ( 200 ' ) away from the first sign . 3 . A single business on a single lot is permitted one ( 11 free -standing sign , not to exceed eight ( 8 ) square feet ; and either one ( 1 ) wall projecting , roof , or awning sign not to exceed six ( 6 ) square feet . If a free-standing sign is not used , then the total square foot area of the other sign shall not exceed fourteen ( 14 ) square feet . 62 I 11g STM 11 / 13/89 4 . Sign permitted for Row Commercial and Planned Business Develop- ments ( more than one ( 1 ) business on a single lot ) : i a . Multiple businesses or activities on a single lot may establish one free -standing sign for the complex according to the following table : Frontage Signage Up to 160 feet 12 square feet Over 160 feet 16 square feet On lots with three hundred twenty feet ( 320 ' ) frontage and over , two ( 2 ) free-standing signs , not less than one hundred sixty feet ( 160 ' ) apart , each not to exceed sixteen ( 16 ) square feet , are permitted . b . Each business is permitted one ( 1 ) wall , projecting , roof, or awning sign . The square foot area of said sign shall be dependent upon its distance from the center line of the nearest public way as follows : ( 1 ) less than 50 feet ; 6 sq . ft . is permitted ( 2 ) more than 50 feet ; 8 sq . ft . is permitted ( 3 ) more than 100 feet; 10 sq . ft . is permitted E . OFF PREMISE SIGNS : 1 . A sign denoting the name of a way may be placed at the intersec- tion of a public way and a private way and /or at the intersection of two unposted private ways . Said sign shall not exceed one square foot in area and , if more than one sign is necessary at such intersections , then all such signs shall be affixed to a single sign post , frame struc- ture , or other support . 2 . Signs indicating name of a resident or activity are not permitted . 3 . Signs are permitted at the following intersections of public ways which service commercial areas , pre-existing businesses , or town - owned community facilities : Route 6A and Thad Ellis Road Route 6A and Underpass Road Route 137 and Underpass Road Route 137 and Tubman Road Route 124 and Tubman Road a . Signs shall be of a uniform design with a dark green back - ground ( Dark Green Glossy as in Town Signs or equal ) , and white letters all in a non -dayglo paint , and supported by unpainted ground treated 4x4 posts . 63 STM 11 /13/89 b . Signs shall not exceed twelve ( 12 ) square feet in area and three ( 3 ) feet in width between the support posts , nor be more than six ( 6 ) feet in height . c. Signs shall be constructed of a series of horizontal panels six ( 6 ) inches in height and constructed in a manner that as many as eight ( 8 ) panels may be placed , one above the other and be sepa- rately removable . d . The subject matter of a sign shall be generic in nature such as " Drug Store" identifying an activity or service , not a specific business name . e . Each six ( 6 ) by thirty -six ( 36 ) inch panel can identify several activities depending upon lettering requirements and all lettering shall be of uniform character . r f . A sign may be installed by a single business or group of busi - nesses , and whether one or several , it shall be the responsibility of the party or parties whose name or names appears on the permit application ( s ) to ensure that the sign is maintained in good repair and appearance . g . The lettering on sign shall be simple block lettering as in the manner of recent signs installed by the Town with letters not more than three and one - half inches ( 3- 1 /2 " ) in height , i h . If the sign is to be placed on a state highway , a permit from the State shall be obtained by the applicant before application is for- mally made to the Sign Commissioner in accordance with Chapter 93 , Section 29MG L . Said authorization shall form part of the application . i . If the sign is to be placed upon private property , written autho- rization , therefor , shall be obtained from the owner before applk cation is formally made to the Sign Commissioner . Said autho- rization shall form a part of the application . I j . The location of all signs shall be selected by the Sign Com - missioner with the advice of the Police Department to assure traffic safety . k . There shall be no more than one ( 1 ) sign at any intersection . I . When the public convenience and necessity require it , the Board of Appeals may grant a Special Permit for signs at other intersections providing directions to churches , scenic areas , non - profit institutions , or similar activities of a predominantly non - profit nature . 64 STM - 11 /13 /89 F . HEIGHT : No free -standing sign shall be in excess of ten feet ( 101 in height . No sign shall be constructed in a manner that obstructs public passage . G . REGULATIONS FOR SPECIFIC TYPES OF SIGNS : 1 . Changeable Copy Signs : When necessary to inform the public of changing events , activities , dates , times , and other matters of im - portant interest , the Sign Commissioner may issue a permit for a changeable copy not to exceed eight ( 8 ) square feet in area . Signs must be legible . 2 . Accessory Signs : Accessory signs are permitted . Total area cannot exceed one ( 1 ) square foot . 3 . Directional , Informational , or Safety Signs : In addition to other permitted signs , directional , warning or traffic signs necessary for the safety and convenience of residents , customers , employees , and visi - tors are permitted in all areas . Signs shall not exceed one ( 1 ) square foot in area and a maximum of four ( 4 ) will be allowed per site . The Sign Commissioner may grant exceptions to this subsection on a case - by -case basis if he finds that the site requires more or larger signs . ( No permit required . ) 4 . Political Signs : Political signs are permitted in all districts on private property with the approval of the property owner and shall not exceed four ( 4 ) square feet in area and be subject to the rules that no sign shall be posted more than fifteen ( 15 ) days in advance of the date of the event to which it refers and shall be removed within seven ( 7 ) days of the event to which it refers . ( No permit j required . ) 5 . Temporary Signs : Temporary signs cannot be used for more than twelve ( 12 ) months but are permitted in all zones . Some may re quire a permit from the Sign Commissioner . The sign shall be removed I at the end of this period unless a renewal application has been ap- proved . The Sign Commissions shall ensure that signs shall be legible . a . Construction Signs and Real Estate Signs : ( No permit required . ) 1 ) Signs are permitted in all zones . 2 ) Not more than one ( 1 ) sign is permitted on a single site . 3 ) Signs may not exceed four ( 4 ) square feet in area . 4 ) Signs must be placed on the site . 5 ) Signs shall be removed within seven ( 7 ) days of issuance of occupancy permit or transfer of ownership . VI 65 �ti STM - 11 / 13/89 b . Subdivision Lot Plan Signs : These are permitted if not in ex - cess of twelve ( 12 ) square feet on any subdivision with eight ( 8 ) lots or more provided no " For Sale " signs are placed on the in - pa }a7dwoJ dividual lots . The sign shall be placed within the subdivision and pa }aJdw03 not easily visible from the abutting way . Individual lot number pa }aIdw03 signs not in excess of one ( 1 ) square foot may be placed on each pa }aJdwoJ loto pa }ardwo3 pa }aIdw03 c . Window Signs : Window signs are permitted as long as the total pa }aldw03 area of all such signs does not exceed twenty -five percent ( 25% ) pa }aldw03 of all window area on which the signs appear . ( No permit required . ) pa }aIdwo3 pa }a7dw03 6 . Illumination of Signs : If signs are illuminated , it shall be done so pa }a7dwoo by a direct , or external light source . Light bulbs or tubes shall not be i pa }aldw03 visible to the motoring public from a public way . Directional signs , pa }aJdw03 internally lit , are permitted when not in excess of one ( 1 ) square foot pa }aIdwo3 in area . pa }aIdwo3 I pap ] dwo3 7 . Animated Signs : Animated signs are prohibited . pa }ardwoj pa }aldwoJ 8 . Mailboxes : Numerals identifying street numbers and/or letters pa }aJdwoJ naming the occupant of a building may be placed on both sides of a pa }aldwoj mailbox or on the door ; letters not to exceed two and one -half pa }aJdw03 inches ( 2 - 1 /2 " ) in height , numerals not to exceed four inches ( 4 " ) pa }aJdwo3 in height . Advertising on mailboxes is not permitted . pa } aJdwoa 9 . Banners or flags to call attention to a business or activity are pa }aIdwoa prohibited . Banners used for Town festivals are permitted . pap ) dwo3 pa }aJdw03 H . GENERAL PROVISIONS RELATING TO ADMINISTRATION , pa }aJdw03 ENFORCEMENT , PENALTIES AND REMOVAL : pa }aIdwo3 pa }aldwoa 1 . Enforcement , Permits , and Penalty : pa }aIdwoo pa }aIdwoJ a . The Sign Commissioner is hereby authorized to enforce this pa }aldw03 Article . papIdwo3 pa }aJdw03 b . Permits and Certificates of Appropriateness : All signs regu - pa }aIdw03 lated by this Article require a sign permit issued by the Sign Com - pa }aJdwo3 missioner with exception of ARTICLE VI , C - 1 , C-6 , G -3 , G -4 , pa }aIdwo3 G -5a , and G -5c . All signs which require a sign permit shall be papldwoo marked with an identification sticker supplied by the Sign Com - pa }aldwoJ missioner . All signs which require a sign permit and lie within the pa }aJdwoa jurisdiction of the Old King 's Highway Regional Historic District pa }aJdw03 ( OKHRHD ) must first obtain a Certificate of Appropriateness from pa }aJdwoJ the OKHRHD Committee . A sign without a permit is illegal . Pala IdwoJ pa }aJdwoJ c . Fees : Fees for sign permits shall be set by the Board of Select- pa }aJ dwoa men . pap ) dwo3 papI dwo3 66 papI dwoJ pa }ardwoJ pa }aJdwo3 sn }p }S aw12N @IIJ aw '2N aapuaS u01 })2u1 }sa0 awil a }pa (g abed ) IJV 00 : 6I, ZZOZ ` 8Z NaeIN STM — 11 / 13/89 d . The Sign Commissioner is authorized to order the repair or removal of any sign and its supporting structure which is judged dangerous or in disrepair or erected or maintained contrary to this j Article . e . The Sign Commissioner is authorized to issue citations for violations of these regulations . f . Failure to respond to a properly issued citation within thirty i ( 30 ) days will make the person in violation subject to a fine of i E not more than twenty-five dollars ( $25 . 00 ) per day , starting on s the thirty-first ( 31st ) day after issuance of said citation , 2 . Signs not complying with this ARTICLE : a . Signs without a valid permit shall be removed within sixty ( 60 ) days of passage of this ARTICLE , b . Signs with valid permits : i 1 ) A sign with a valid permit issued prior to enactment of this ARTICLE must remain in compliance with the require - ments and conditions that enabled the valid permit to be originally issued . 2 ) Where a sign identifying a business has approved acces- sory signs , the accessory signs may be replaced provided they remain in compliance with the requirements and conditions that enabled the valid permit to be originally issued . 3 ) Failure of compliance will result in automatic revocation of the prior issued valid permit and require compliance with this ARTICLE for issuance of a current valid permit . 3 . Maintenance : A sign shall be maintained in a safe and secure manner and in a good state of repair including paint . If the Sign Commissioner finds that a sign does not comply with this ( main - tenance ) section of this ARTICLE , written notice of noncompliance and the reasons therefore shall be sent , by certified mail , return receipt requested , to the person or persons to whom the permit was issued . If the specified defects in the sign have been corrected or the sign removed ' within ( 30 ) days , the Sign Commissioner shall revoke the permit and shall notify the person or persons to whom the permit was issued that the sign is now in violation of this ARTICLE and must be removed . 4 . . Abandoned Signs : When the Sign Commissioner finds that a sign has been abandoned , whether or not a permit has been issued , written notice ordering its removal shall be sent by certified mail , return receipt requested . 67 STM — 11 / 13/89 a . to the owner of the property on which the sign is located , and b . to the person to whom the permit was issued if not the owner . 5 . Removal of Abandoned Signs or Signs or Signs in Violation of This ARTICLE : If sign is not removed within thirty ( 30 ) days of the issu - ance of an order , the Sign Commissioner shall remove or arrange for the removal of the sign . The sign shall be stored by the Sign Com - missioner in a safe location for sixty ( 60 ) days after which time it may be appropriately disposed of . Any costs incurred shall be borne by the property owner and permit holder . 6 . Appeals : Any individual aggrieved by a decision of the Sign Com - missioner may appeal to the Brewster Board of Appeals as provided under Chapter 40A of the General Laws of the Commonwealth of Massachusetts except that no variances may be granted for off- premise signs . i or to take any action relative thereto . ( Sign Regulation Review & Revision Committee ) MOTION : Article 27 moved with Articles 27 -30 . ACTION : INDEFINITELY POSTPONED ARTICLE 28 . To see if the Town will vote to amend the ZONING BY - LAW , CHAPTER 179 , INDEX , ARTICLE VI , SIGNS by inserting the following INDEX with the appropriate pagination when finally published , or to take any other action relative thereto . ( Sign Regulation Review & Revision Committee ) MOTION : Article 28 moved with Articles 27 -30 . ACTION : INDEFINITELY POSTPONED ARTICLE 29 . To see if the Town will vote to amend the ZONING BY - LAW , ARTICLE I , GENERAL PROVISIONS , SECTION 179-2 , DEFINITIONS B . , by eliminating the present definitions of SIGN : SIGN , BUSINESS ; SIGN , IDENTIFICATION and SIGN , SURFACE OF in their entirety and substituting the following : . i I SIGN — SEE ARTICLE VI , SIGNS , B . DEFINITIONS or to take any other action relative thereto . ( Planning Board ) 68 STM — 11 / 13/89 MOTION : Article 29 moved with Articles 27 -30 . ACTION : INDEFINITELY POSTPONED ARTICLE 30 . To see if the Town will vote to amend the ZONING BY - LAW , ARTICLE IX , SPECIAL REGULATIONS , Section 179-37 . HOME OCCUPA - TIONS — by eliminating in its entirety PARAGRAPH D . , or to take any other action relative thereto . ( Planning Board ) MOTION : Article 30 moved with Articles 27 -30 . ACTION : INDEFINITELY POSTPONED ARTICLE 31 . To see if the Town will vote to amend the ZONING BY - LAW , ARTICLE X . ADMINISTRATION AND ENFORCEMENT , SECTION 179- 52 . VARIANCES , by deleting PARAGRAPH B . in its entirety and substituting the following : B . In authorizing a variance , the Board may impose conditions , safe - guards , and limitations , both of time and use , including the con - tinued existence of any particular structures but excluding any con - ditions , safeguards or limitations based upon the continued owner - ship of the land or structures to which the variance pertains by the Applicant , Petitioner , or any owner , or to take any other action relative thereto . ( Board of Selectmen/Planning Board ) MOTION : I move that the Town vote to approve Article 31 as printed in the Warrant . ACTION : ADOPTED UNANIMOUSLY ARTICLE 32 . To see if the Town will vote to transfer from available funds the sum of Forty - Five Thousand and 00/ 100 ( $45 ,000 . 00 ) Dollars for the Brewster Land Acquisition Committee . Said funds to be used for property appraisals , title examinations , surveying , legal and other professional fees directly related to the acquisition and use of land in the RR Zoning District located in the south - east portion of the Town of Brewster for the purpose of possible expansion and / or buffer zone for the Captains Golf Course ; and said fees to be expended under the direction of the Brewster Land Acquisition Committee , or take any other action relative thereto . ( Golf Commission ) 69 STM — 11 / 13/89 MOTION : I move that the Town vote to approve Article 32 and to authorize the Land Acquisition Committee , under the general supervision of the Golf Commission to expend said funds for preliminary golf course design ; property appraisals , title examinations , surveying , legal and professional fees directly related to the acquisition and use of land in the RR Zoning District located in the southeast portion of the Town of Brewster for the purpose of the possible expansion and creation of a buffer zone for the Captains Golf Course , and to transfer the sum of $45 ,000 . 00 from Free Cash for this purpose . ACTION : ADOPTED YES 341 NO 64 ARTICLE 33 . To see if the Town will vote to transfer from available funds the sum of Three Thousand Five Hundred and 00/ 100 ( $3 ,500 .00 ) Dollars for a Cushman Turf Truckster to be used for maintenance at The Captains Golf Course , or to take any other action relative thereto . ( Golf Commission ) MOTION : I move that the Town vote to indefinitely postpone consideration of Article 33 . ACTION : INDEFINITELY POSTPONED ARTICLE 34 . To see if the Town will vote to authorize She Board of Select- men to create a standing committee to be known as THE TRAFFIC MANAGE - MENT ADVISORY AND STUDY COMMITTEE with membership to consist of the following : the Fire Chief , the Police Chief , the Building Inspector , the Superintendent of the Department of Public Works , a member of the Planning Board , and two ( 2 ) members-at- large to be appointed by the Selectmen . Said committee shall meet at least once a month and more often as necessary . Its duties shall include but not be limited to : 1 ) Performance of the traffic safety and site plan review as called for in the subdivision rules and regulations of the Town on any subdivision plans submitted to them by the Planning Board , and 2 ) Study and report on all traffic related problems in any area of the Town , both known and anticipated , drawing on the various traffic studies made within the last two years by any agency or contractor as well as on the committee 's own observations , and 3 ) List all possible alternative actions which might be taken by the Town , by the State , or by any other agency , to alleviate the condi - tions of traffic overload caused by growth already taken place or anticipated . i Said committee shall prepare and publish its initial report within four months I after its establishment , including its recommendations , if any , and shall update its findings at reasonable intervals thereafter ; or to take any other action relative thereto . ( Citizens' Petition ) ; I MOTION : I move that the Town vote to indefinitely postpone consideration of Article 34 . 70 IV I VI IV STM — 11 /13/89 ACTION : INDEFINITELY POSTPONED a_ ARTICLE 35 . To see if the Town will vote to authorize the Board of Select- men to create a standing committee to be known as THE ZONING BY - LAW REVIEW AND REVISION COMMITTEE , consisting of one ( 1 ) member or designee of the following : Board of Selectmen , Board of Appeals , Planning Board , Historic District Committee , Brewster Board of Trade , Brewster Tax - payers ' Association , and one registered voter at large , the latter to be appointed by the Town Moderator . Said committee shall meet at least once a month and more often as necessary . It shall have the authority to review Chapter 179 ( The Zoning By - Laws ) of the Code of the Town of Brewster with the exception of Section VI — Signs . In the course of its review it shall solicit input from the various regulatory boards and agencies of the Town and from the public . It shall submit any recommendations for amendment of the Zoning By - Laws on a timely basis to the Planning Board through the Board of Selectmen in accor - dance with the requirements of Chapter 40A Section 5 of the Massachusetts General Laws ; and to transfer from available funds the sum of One Thousand Two Hundred and 00/ 100 ( $ 1 , 200 . 00 ) Dollars for clerical support and for acquisition of research resources ; or to take any other action relative thereto . ( Citizens ' Petition ) MOTION : I move that the Town vote to indefinitely postpone consideration of Article 35 . ACTION : INDEFINITELY POSTPONED ARTICLE 36 . To see if the Town will vote to transfer from available funds a sum of money for design services and other planning expenses and any other committee expenses in connection with the construction of a new elementary school in town , and to take any other action thereon . ( The New Elementary School Building Committee ) MOTION : I move that the Town vote to approve Article 36 as printed in the Warrant and to transfer the sum of $ 150 ,000 . 00 from Free Cash for this purpose . ACTION : DEFEATED YES 176 NO 186 ARTICLE 37 . To see if the Town will vote to authorize the Brewster Elemen - tary School Committee to exchange a parcel of land with the Commonwealth of Massachusetts ' Bike Trail ( Department of Environmental Management ) ; said authorization will allow the exchange of real estate property to accommo - date the proposed construction of the Early Childhood Center on the Elemen - tary School property located off Underpass Road ; and to further authorize the Elementary School Committee to file special legislation with the Commom wealth of Massachusetts to accomplish the proposed land transfer , or to take any action relative thereto . ( The New Brewster Elementary School Building Committee ) 71 STM — 11 /13/89 MOTION : I move that the Town vote to approve Article 37 as printed in the Warrant . ACTION : ADOPTED YES 298 NO 63 ARTICLE 38 . To act on any other business that may legally come before this meeting . MOTION : I move that the meeting be adjourned . ACTION : ADOPTED Meeting adjourned at 10 : 23 p . m . A true copy , ATTEST : ; 6 Joan K . Cole Town Clerk r I 72