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HomeMy Public PortalAbout1986-01-13 Special Town Meeting Report of the SPECIAL TOWN MEETING January 131 1986 held In accordance with the Warrant, Special m , Monday January 13S 986 in the toriu Brewster Elementary School Cafe ratorr i This meeting was called to order at 7 : 30 e® rp J Me Gallant , Doris by the Stephen s Powell , Gladys Doyle . The tellers were Dorothy Gr d Curtis and J . Ogden Mildred l sleyUngJrm Checkers wer quorum of 216 ® a prey thea Dugan , Jean Gage , Carl Scrivner a s , The Warrant was read byh chTvoere read as Bheb were beingwn Clerk , arara A* gconsidered .M �ththe exception of the Articlew GOLF DIGEST SELECTS BEST NEW COURSES OF 1985 TRUMBULL Conn . — The Loxahatchee Club in Jupiter, Fla . , , The Captains Golf Course in Brewster , Mass. has been named the " best ns new public course. " Designed by the team of Geoffrey Cornish and Brian fairways ntwgrass ay , Silva, the course features tree- lined , bthe Atlantic Oceano( rare it was opened inr public rNl Y i and is located about two miles from 1985. "Absolutely a gem , " said LPDA tour star Amy Alcott, after she played , It was a pleasure to see a course offer so much to the gen- there last summer . ' eral .public: " transfer from free cash the sum Of ARTICLE 1 . To see if th28/ 1own will vote to 00 ($212 , 28) Dollars to pay the followingunpaid Two hundred twelve and bills of a prior fiscal year : $ 125 . 00 Lovell Ernst 87428 Commonwealth Electric $212 .28 or to take any other action relative thereto. Adopted unanimously the sum of ARTICLE 2. To see if the Town will VOn� 00/ 100fer from free($75 ,200 . 00) aDollars to be Seventy-five Thousand Two hundred ounts : transferred to the following budgea 141 New Employee Hire Expense $ 21500 . 00 Temporary Help Account 2 , 700 .00 Insurance Expense Account 35,000 . 00 Legal and Professional Expense 251000 . 00 D . P .W . Expense — Professional Fees 10,000 . 00 $75, 200 . 00 or to take any other action relative thereto. Adopted unanimously ARTICLE 3 . To see if the Town will vote to amend the sum in Article 8 of the Special Town Meeting of September 26, 1983 from One Thousand and 00/ 100 ($ 1 ,000 . 00 ) Dollars to One Thousand Five Hundred and 00/ 100 ($ 1 , 500. 00 ) Dollars so the amended Article will read as follows : ARTICLE To see if the Town will vote to authorize inclusion in departmental budgets of capital items costing One Thousand Five Hundred and 00/ 100 ($ 1 ,500. 00) Dollars or less, or to take any other action relative thereto. f ' Adopted unanimously ARTICLE 4. To see if the Town will vote to approve the Standard Waste Acquisition Agreement, dated January 1 , 1985, between the Town and SEMASS Partnership and providing for the acquisition and disposal of the Town's trash , t refuse and garbage and to ratify the signing thereof by the Board of Selectmen or to take any other action relative thereto. Adopted unanimously ARTICLE 5. To see if the Town will vote to transfer Sixty thousand dollars and 00/ 100 ( $60 , 000. 00 ) Dollars from free cash to be expended under the Board of Health as follows : 1 . Twenty three thousand ($23 , 000. 00 ) dollars to hire by contract a full time resource coordinator for one year to conduct a Shoreline Sanitary Survey and Management Plan to include the area east of Paines Creek to Nam - skaket Creek. 2 . Thirty seven thousand ( $37 ,000. 00) dollars to be used for initiation of the Survey and Management Plan . Adopted unanimously MEETING ADJOURED AT 8 : 17 P. M . For Special Town Meeting. MEETING RECONVENED AT 8 : 27 P. M . 142 ARTICLE 6 . To see if the Town will voteto abandonformerly aoR nneap Road d/and 1a00d ($ 1 . 00) Dollar that portion of a dirt road known lying outside of the layout of the present paved Red Top Road , as shown on a plan . recorded in the d an Barnstable nd ing of four Book 21OF stCounty Registry of sheeds ; the pords in tion of said Red Top Pages 107 and 109 , Road to be abandoned beinglocated oficonfines the f Lots � s as shown on a plan entitled DvisionofLandin Brewster , Masas ara surveyed and prepared 01Olive h'ofield grog erb IncE Registered Professional 100 feet. , NovemberP . O . Box 101 — Orleans , Mass . ( 617 ) Engineers & Land Surveyors , Route 6A — for One and 00/ 100 225-2098" , and to authorize the Selectmen to conveyoad that is ($ 1 . 00) Dollar the interest of the Town Lothat no f Red TO Brewster , Massachu- to be abandoned to Olive M . Doyle of Stoney Brook setts , and Barbara E . Hunter , of 5 Okahatchee Circle , Fort Walton , Florida , and to act fully thereon . Adopted unanimously r from free cash the sum Of ARTICLE 7 . To see if the T 000 !00 )ll oDollarste to afore 00 l$ the purpose of engineering Six Thousand and 00/ 1 and appraising the portion of AIRLINE ROAD which crosses through the Town nds to be with he of Brewster on the horitrlyb the rBoardtof Se ectmenD innd ordertouprepare a used under the authority o plan for a municipallayout thereto. taking of approximately 2 ,200 feet or to take any other action relative Adopted unanimously - vote to e sum of ARTICLE 8 . To see if t Town will 00/ 100 transfer($2 ,300 . 00 ) Dolla ss tohbe t ans- Two Thousand Three Hand ferred to the D . P .W * Salaries and Wag expenses es c�ncur Odeas' a esults'of Hurricane to offset extraordinary overtime Gloria' s cleanup efforts . Adopted unanimously ARTICLE 9. To see if the Town w �Dollars from thvote to transfer Thirty- Five WaterReceipt Reserved Thousand and 00 / 100 ($35 ,000 . 00) for Appropriation Account to the Water Construction Account, or to take any other action relative thereto. Adopted unanimously ill vote to sh the sum ARTICLE 10, ads and 00/ 100 ($50000. 00) Doe llarsrtoo theFireh andPolice of Fifty Thousthe complem Station Addition and Alteration Account; said funds to be used a the furnishing tion of the addition , aThe fundstionsr dificationst are to be expended the direction of ng of the completed building.ingm the Fire and Police Chiefs . Adopted 143 ARTICLE 11 . To see if the Town will vote to accept from Elder Affairs a grant in the amount of Two Thousand Five Hundred Thirty-Six and 00/ 100 ($2 , 536 . 00 ) Dollars to build a new ramp up the front of the Senior Center to replace the old one which is unsafe for use. Adopted unanimously ARTICLE 12. To see if the Town will vote to transfer from free cash the sum of Two Thousand Five Hundred and 00/ 100 ($2 , 500. 00 ) Dollars for the purpose of engaging the services of an architect or designer to prepare plans and specifica- tions for and addition to the Senior Center to enable it to meet the Handicapped Accessibility regulations . Deadline for this project is October, 1986 . Adopted unanimously ARTICLE 13 . To see if the Town of Brewster will vote to accept the provisions of Section 13 of Chapter 188 of the Acts of 1985 and a professional develop- ment grant for the Brewster Elementary School and the Nauset Regional Schools payable on February 15 , 1986 , August 15 , 1986 , February 15 , 1987 and August 15 , 1987 , for the purpose of increasing teacher compensation under the pro- visions of Section 13 of Chapter 188 of the Acts of 1985 . Adopted unanimously ARTICLE 14. To see if the Town will vote to transfer from free cash the sum of Fourteen Thousand and 00/ 100 ($ 14, 000. 00) Dollars to pay interest on Tax Anticipation notes. Indefinitely postponed ARTICLE 1�5 . To see if the Town will vote to amend the Zoning By- Law as follows : 1 ) SECTION XI , ADMINISTRATION AND ENFORCEMENT . H . PROSECU- TION OF VIOLATION AND PENALTY , by eliminating the present SECTION H and substituting the following : H . PROSECUTION OR CITATION OF VIOLATION AND PENALTY . If the notice of VIOLATION & ORDER is not complied with promptly , the Inspector of Buildings , or his designee , shall , through the Board of Selectmen and Town Counsel , institute the appropriate action or proceeding at law or in equity to restrain , correct or abate such violation . Any person , trust or other enterprise who violates or refuses to comply with any of the provisions of this By- Law , any of the conditions under which a permit is issued , or any decision rendered by the Board of Appeals , may , upon conviction , be fined a sum of Two Hundred ($200. 00) Dollars for each offense, unless otherwise noted in this By- Law. Any Zoning By - Law of the Town of Brewster enforceable by the Inspector of Buildings, or his designee, and a violation of which is subject to a specific penalty , may , as an alternative to initiating criminal proceedings, be enforced by the Inspector of Buildings , or his designee, by the method provided in SECTION 21 D , Chapter 40 of the Massachusetts General Laws. 144 and 2 ) SECTION VII , SIGNS ; by adding the following : G . SIGN VIOLATION AND PENALTY . Any person , trust or other enterprise exhibiting a sign not in compliance with SECTION VII , unless afforded protection under SECTION IX of this By - Law, shall be subject to the following penalty : First Offense WARNING Second Offense $25 . 00 FINE Third Offense $50 . 00 FINE Fourth & Subsequent $200 . 00 FINE Adopted unanimously ARTICLE 16 . To see if the Town will vote to authorize the Board of Select- men to purchase or take by eminent domain , pursuant to Massachusetts Gen - eral Laws Chapter 79 , for the Town of Brewster, for conservation purposes , as provided especially , but not exclusively , by Massachusetts General Laws Chapter 40 , Section 8C, as amended , the property , owned by Gradon W . Morse and Marion T . Morse and shown as Lot 101 on Brewster Assessors Map 22 and also shown as Lot 19 on a plan of land registered with the Land Court as Land Court Plan 31136-C on February 23 , 1968 and described on Transfer Certifi - cate of Title 42986 registered with the Land Court on June 21 , 1968 and containing 2 . 52 acres , more or less , and being more particularly bounded and described as follows : That certain parcel of land situated in Brewster in the County of Barnstable and Commonwealth of Massachusetts , bounded and described as follows : Southwesterly by Stony Brook Road , two hundred fifty-six and 93/ 100 ( 256 . 93 ) feet ; Westerly by the junction of said Road and Herring Brook Lane, forty- six and 23/ 100 ( 46 . 23 ) feet ; Northwesterly by said Lane, one hundred eighty-four and 20/ 100 ( 184 . 20 ) feet ; Northerly by Lot 17 , five hundred thirty-eight and 42 / 100 ( 538 . 42 ) feet ; Southeasterly one hundred twenty -one and 24/ 100 ( 121 . 24 ) feet, Southwesterly seventeen and 55/ 100 ( 17 . 55 ) feet, Southeasterly two hundred seventeen and 98/ 100 ( 217 . 98 ) feet, Southwesterly forty-four and 19/ 100 ( 44 . 19 ) feet, Southeasterly one hundred forty-eightand 40/ 100 ( 148 .40 ) feet, and Easterly six and 09/ 100 ( 6 . 09 ) feet, all by land now or formerly of Town of Brewster. All of said boundaries are determined by the Court to be located as shown on subdivision plan 31136-C dated December 1967 drawn by Nickerson & Berger, Surveyors , and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 271 Page 5 with Certificate of Title No. 34595 and said land is shown thereon as LOT 19 ; 145 that the sum of $ 120 ,000. 00 is hereby appropriated for the purchase or taking thereof and for the payment of expenses and costs, including financing costs and the expenses of temporary notes related thereto ; that to raise this appropriation the Treasurer, with the approval of the Board of Selectmen , is authorized to borrow the sum of $ 100, 000 . 00, pursuant to Massachusetts General Laws Chapter 44, as amended, and any other enabling authority, and to issue notes or bonds of the Town therefor; and to transfer from free cash the sum of $20,000. 00 for the payment of expenses and costs, including financing costs and the expenses of temporary notes and that the Conservation Commission is authorized to manage and control the property herein described ; or to take any other action relative thereto. Indefinitely postponed MEETING ADJOURNED AT 9 : 35 P. M . A true copy, ATTEST : Barbara A. Vaughn , CMC Town Clerk Report of the SPECIAL TOWN MEETING January 13, 1986 In accordance with the warrant the Special Town Meeting was held in the Brewster Elementary School Cafetorium, Monday January 13, 1986. This Meeting was called to order at 8 : 17 P. M . by the Moderator, Stephen L. Doyle. The tellers were Dorothy Grenier, June Gallant, Doris Powell , Gladys Curtis and J . Ogden Tyldsley Jr. Checkers were Dorothea Dugan, Jean Gage, Carl Scrivener and Mildred Unger. A quorum of 216 was present. The Warrant was read by the Town Clerk, Barbara A. Vaughn, CMC, with the exception of the Articles which were read as they were being considered. 146 ARTICLE 1 . To see if the Town will vote to authorize the Board of Select- men to accept a grant from the Department of Environmental Quality En. gineering, Division of Water Pollution Control in the amount of Sixty-three Thousand Five Hundred Ninety- nine and 00/ 100 ($63 ,599 . 00 ) Dollars for the purpose of completing a 201 , Step 1 Facilities Plan pursuant to the Special Town Meeting action of March 27, 1984 on Article 1 , and to transfer from free cash the sum of Sixty-three Thousand Five Hundred iNinety- nine and 00/ 100 ($63, 599 . 00 ) Dollars which will be added to the sum of Eight Thousand and 00/ 100 ($8 , 000 . 00 ) voted in Article 1 of the Special Town Meeting of March 27 , 1984 and said total sum of money to be paid to SEA Consultants , Inc. as work is completed. Upon completion of the 201 , Step 1 Facilities Plan the awarded State grant will be reimbursed to the Town of Brewster, or to take any other action relative thereto. Adopted unanimously ARTICLE 2. To see if the Town will vote to trade or otherwise dispose of the Model 5600 Postage machine which is no longer in good working order, or to take any other action relative thereto. Adopted unanimously ARTICLE 3 . To see if the Town will vote to transfer the sum of Three Thous- and and 00/ 100 ($3,000. 00) Dollars from the Conservation Commission Ad- ministrator's salary account to the Conservation Commission Expense account to furnish and equip the office of the Conservation Administrator and the Conservation Commission secretary. Adopted unanimously MEETING ADJOURNED AT 8 : 26 P. M . A true copy, ATTEST : Barbara A . Vaughn, CMC Town Clerk 147