HomeMy Public PortalAbout09.20.23 FinCom Packet
Town of Brewster Finance Committee
2198 Main St., Brewster, MA 02631
fincommeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Brewster Town Hall
2198 Main Street
September 20, 2023 at 6:00 PM
This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of
the members of the public body will attend the meeting in person and members of the public are welcome to attend in
person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with
applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy
to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual
broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with
particular interest in any specific item on this agenda, should make plans for in-person vs. virtual attendance accordingly.
Members of the public who wish to access the meeting may do so in the following manner:
Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 862 2956 9696 Passcode: 565167
To request to speak: Press *9 and wait to be recognized.
Zoom Webinar: https://us02web.zoom.us/j/86229569696?pwd=MUhJNGpoU3VocTZ0cTU0VGpYcWdVQT09
Passcode: 565167
To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the
meeting, may do so by accessing the meeting remotely, as noted above.
Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18),
Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov).
Finance
Committee
Harvey (Pete) Dahl
Chair
Frank Bridges
Vice Chair
William Meehan
Clerk
Patrick Buckley
Andrew Evans
William Henchy
Alex Hopper
Robert Tobias
Robert Young
Town Manager
Peter Lombardi
Finance Director
Mimi Bernardo
1. Call to Order/Pledge of Allegiance
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement - As required by the Open Meeting Law, we are informing you that
the Town will be video and audio taping as well as broadcasting this public meeting. In
addition, if anyone else intends to either video or audio tape this meeting, they are required
to inform the chair.
5. Public Announcements and Comment: Members of the public may address the Finance
Committee on matters not on the meeting’s agenda for a maximum of 3-5 minutes at the
Chair’s discretion. Under the Open Meeting Law, the Finance Committee is unable to
reply but may add items presented to a future agenda.
6. Town Manager/Finance Director Report
7. Town Meeting Warrant Articles
• Zoning Bylaw Amendment: Accessory Dwelling Units
• General Bylaw Amendment: Golf Commission
• Fire Union Collective Bargaining Agreement (FY24-26)
• Adoption of Community Preservation Surcharge Exemption Local Option
8. Liaison Reports and Assignments
9. Approval of Minutes
10. Request for agenda items for future meetings
11. Matters Not Reasonably Anticipated by the Chair
12. Next Finance Committee Meeting/Finance Committee calendar
13. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
9/18/23
1
Date: September 8, 2023
To: Select Board
From: Town Planner on behalf of the Planning Board
Re: Proposed ADU Amendments, Brewster Zoning Bylaw
Sections 179-2 & 179.42.2; Table 1; Table 2
____________________________________________________________________________________
At its meeting on August 23, 2023, the Planning Board voted to submit the above-referenced draft zoning
amendments related to Accessory Single-Family Dwelling Units (ADUs) to the Select Board in order to
commence the formal zoning amendment process set out under MGL Ch. 40A, Section 5.
The Planning Board respectfully requests that the Select Board, at its meeting on September 11, 2023,
vote to accept the drafts and commit them back to the Planning Board for public hearing as proposed
zoning amendments.
The Planning Board has noticed the public hearing for its meeting on September 13, 2023.
At a series of public meetings and listening sessions beginning in May 2023, the Planning Board prepared
the draft amendments with input from the public, certain related boards and committees, and town staff.
The purpose of the amendments, as reflected in the drafts, is to liberalize the creation of ADUs to help
address year-round housing supply concerns in the town while at the same time preserving residential
neighborhoods. Though more liberal in certain ways, the draft amendments are more restrictive in others.
The language has been strengthened that ADUs are not for commercial or short-term rental use but rather
for year-round dwelling use, in keeping with the single-family residential uses to which they are
accessory.
After the hearing process concludes, the Planning Board contemplates recommending the proposed
amendments for adoption to Town Meeting, either as currently drafted or as might be further amended
through the hearing process, and requesting that the Select Board include the proposed amendments on
the Fall Town Meeting Warrant.
In addition to the drafting, technical and structural amendments, the following is a high-level summary of
the proposed substantive amendments, as previously discussed and drafted by the Planning Board:
1.Removed the requirement to obtain a special permit for an ADU in the Pleasant Bay and Herring
River Watersheds, and the Zone II;
2.Lowered the special permit minimum lot area requirement from 30,000 sq ft to 15,000 sq ft for an
ADU;
Town Of Brewster
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 x1150
Office of:
Planning Department
2
3.Deleted percentage limitation on ADU size and increased the maximum allowable floor area size
for an ADU from 900 sq ft to 1000 sq ft;
4.Added the VB district to where an ADU is allowed by right on lots 15,000 sq ft or greater (as is
the case in all the residential “R” districts);
5.Added a purpose clause that emphasizes ADUs are for year-round dwelling purposes;
6.Reduced ADU parking requirements;
7.Created an opportunity for part time residents to create an ADU by special permit;
8.Clarified further that an ADU is a use accessory to a single-family dwelling and is not a
commercial or accommodations-type use;
9.Clarified further that short term rental use is not allowed on a lot with an ADU;
10.Gave more discretion to the building commissioner to establish procedures for the administration
and enforcement of ADUs.
11.Removed annual building permit caps for the creation of ADUs.
CURRENT ADU ZONING PROVISIONS
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Article IX
Special Regulations
§ 179-33 General provisions.
[Amended 5-14-1984 ATM, Art. 110]
The regulations which follow shall apply to the particular use or activity, whether it is permitted by right or
by special permit as an exception. In addition, the Planning Board, prior to the granting of a special permit,
may also impose such additional conditions as it fmds reasonably appropriate to safeguard the neighborhood,
or otherwise serve the purposes of this chapter, including but not limited to the following: front, side or rear
yards greater than the minimum required by this chapter, screening, buffers or planting strips, fences or
walls, as specified by the Board; modification of the exterior appearance of the structures; limitation upon the
size, number of occupants, method and time of operation or extent of facilities, regulation of number and
location of driveways or other traffic features and off-street parking or loading or other special features
beyond the minimum required in this chapter.
§ 179-42.2 Accessory single-family dwelling units (ADUs).
[Added 12-3-2018 FYTM, Art. 12]
Accessory single-family dwelling units shall be permitted subject to the following standards:
A. An ADU may be located within or adjacent to a single-family house, or in a building accessory to a
single-family house, subject to the Definitions of § 179-2; the requirements of Table 1, Use Regulations,
and Table 2, Area Regulations/Minimum Required Lots; and all standards of this section.
B. An ADU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well), in
the watershed of the Herring River, or the watershed to Pleasant Bay, subject to approval of a Special
Permit by the Zoning Board of Appeals. All ADUs within these areas shall be required to install
advanced nitrogen treatment septic systems, if deemed necessary.
C. All construction in connection with an ADU attached to a principal dwelling shall conform to building
setbacks for a single-family house in the Zoning District where it is located.
D. Either the principal dwelling or the ADU must be occupied by the owner of the property, as defined in
§ 179-2 and the remaining dwelling unit shall be leased for periods of not less than 12 months. The
property owner shall be required to file a notarized affidavit with the Building Department annually,
stating that either the principal dwelling or the accessory single-family dwelling unit will be, and/or has
been, used as the principal residence of the owner for the next twelve-month period and that the
remaining dwelling will be leased for a period of not less than 12 months.
E. No more than 20 building permits shall be issued for the combined total of ADUs and ACDUs in a
single calendar year.
F. There shall be no renting of rooms or boarding of lodgers in an ADU.
G. An ADU shall conform to all applicable State and local laws regulating new construction or new
residential use including the State Building Code, and applicable plumbing, electrical, fire, health and
conservation regulations and bylaws. A Certificate of Occupancy shall be required for any ADU.
H. There shall be no more than two residential units in total on a lot containing an ADU.
I. A minimum of one parking space per bedroom of the ADU shall be provided.
J. An ADU shall be clearly subordinate in use, size and design to the principal single-family dwelling. An
ADU shall be designed so that, to the maximum extent practical, the appearance of the property on
which it is to be located remains that of a single-family residential property and the privacy of abutting
properties is maintained.
§ 179-42.3 Accessory commercial dwelling units (ACDUs).
[Added 12-3-2018 FYTM, Art. 12]
Accessory single-family dwelling units shall be permitted subject to the following standards:
A. An ACDU may be located within or adjacent to a commercial building, or in a building on the same lot
as a commercial use, subject to the Definitions of § 179-2; the requirements of Table 1, Use
Regulations, and Table 2, Area Regulations/Minimum Required Lots; and all standards of this section.
B. An ACDU may be located in a Commercial High Density or Village Business District.
C. An ACDU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well), in
the watershed of the Herring River, or the watershed to Pleasant Bay, subject to approval of a Special
Permit by the Zoning Board of Appeals. All ADU's within these areas shall be required to install
advanced nitrogen treatment septic systems, if deemed necessary.
D. All construction in connection with an ACDU shall conform to building setbacks for a commercial
building in the Zoning District where it is located.
E. The property owner shall be required to file a notarized affidavit with the Building Department
annually, stating that the ACDU will be, and/or has been, leased for a period of not less than 12 months.
F. No more than 20 building permits shall be issued for the combined total of ADUs and ACDUs in a
single calendar year.
G. There shall be no renting of rooms or boarding of lodgers in an ACDU.
H. An ACDU shall conform to all applicable State and local laws regulating new construction or new
residential use including the State Building Code and applicable plumbing, electrical, fire, health and
conservation regulations and bylaws. A Certificate of Occupancy shall be required for any ACDU.
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Article I
General Provisions
§ 179-1 Authority; purpose.
A. The Brewster Zoning Bylaw, adopted in 1960, and all subsequent amendments thereto, hereinafter
called "this chapter," is adopted and from time to time amended as authorized by MGL c. 40A, as
amended, herein called the "Zoning Act," and by Article 89 of the Amendments to the Constitution, the
Home Rule Amendment.
B. In conjunction with the purposes stated in the Zoning Act, this chapter shall provide protection for
inland and coastal wetlands, as well as existing and potential watersheds, and shall give direction and
effect to the development objectives and recommendations contained in the Brewster Master Plan of
1970, as may be amended from time to time.
§ 179-2 Definitions.
A. Words used in the present tense indicate the future; the singular number includes the plural and the
plural the singular; the words "used" or "occupied" include the words "designed," "arranged,"
"intended" or "offered to be used or occupied"; the words "building," "structure," "lot," "land" or
"premises" shall be construed as though followed by the words "or any portion thereof," and the word
"shall" is always mandatory and not merely directory. [Amended 5-3-1999 ATM, Art. 29; 11-17-2003
FYTM, Art. 16]
B. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY COMMERCIAL DWELLING UNIT (ACDU)
A housing unit, complete with its own sleeping, cooking and sanitary facilities, that is located within a
structure containing a commercial, wholesale or industrial use, or in a separate structure on the same lot
as a commercial, wholesale or industrial use. An ACDU shall have no more than two bedrooms and
shall have a maximum habitable area of 900 square feet or 40% of the habitable area of the commercial,
wholesale or industrial unit, whichever is less. Unenclosed additions constructed to serve an ACDU
such as an entry, secondary egress or exterior stairs shall not be included in the maximum habitable area
of the ACDU.
[Added 12-3-2018 FYTM, Art. 12]
ACCESSORY SINGLE-FAMILY DWELLING UNIT (ADU)
A housing unit, complete with its own sleeping, cooking and sanitary facilities, that is accessory and
clearly subordinate to a principal dwelling. An ADU may be located within a single-family house
containing a principal dwelling, or in a building accessory to a single-family house. An ADU shall have
no more than two bedrooms and shall have a maximum habitable area of 900 square feet or 40% of the
habitable area of the principal dwelling, whichever is less. Unenclosed additions constructed to serve an
ADU such as an entry, secondary egress or exterior stairs shall not be included in the maximum
habitable area of the ADU.
[Added 12-3-2018 FYTM, Art. 12]
BUILDING, ACCESSORY RESIDENTIAL
A detached residential structure, customarily incidental to the existing principal residential structure and
located on the same lot with the principal residential structure to which it is accessory. Such structures
include but are not limited to guesthouse, shed, boathouse, playhouse, shelter for domestic pets, pool
houses, private swimming pools, tennis courts and detached garages. An accessory residential building
may or may not contain bedrooms.
[Added 5-7-2012 ATM, Art. 23]
DWELLING, MULTIFAMILY
A building containing three or more dwelling units.
DWELLING, ONE FAMILY DETACHED
A single, separate dwelling unit, designed for occupancy by one family.
[Added 5-7-2012 ATM, Art. 23]
DWELLING, ONE FAMILY SECURITY
One family dwelling unit for owner occupancy or for occupancy by personnel hired by the owner for the
protection of property and safe operation of a permitted use.
[Added 5-7-2012 ATM, Art. 23]
DWELLING UNIT
One or more living and sleeping rooms providing complete living facilities for the use of one or more
individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping,
eating, cooking and sanitation.
FAMILY
One or more persons, including domestic employees, occupying a dwelling unit and living as a single,
nonprofit housekeeping unit.
FLOOR AREA, NET
The sum of the areas of the several floors of a building measured from the interior faces of the walls. It
does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space
in accessory buildings or in the main building intended and designed for the parking of motor vehicles
in order to meet the parking requirement of this chapter or any such floor space intended and designed
for accessory heating and ventilating equipment.
ZONING
179 Attachment 1
Table 1
Use Regulations
Town of Brewster
[Amended 12-10-1979 STM, Art. 37; 5-12-1980 ATM, Arts. 39, 40 and 41; 12-8-1980 STM, Art. 18; 5-11-1981 ATM, Art. 32; 5-11-1982
ATM, Arts. 80 and 81; 5-14-1984 ATM, Arts. 100, 101 and 103; 8-27-1984 STM, Arts. 58 and 59; 5-13-1985 ATM, Arts. 89 and 93; 5-11-
1987 ATM, Art. 86; 5-9-1988 ATM, Art. 97; 10-17-1988 STM, Art. 26; 5-8-1989 ATM, Art. 47; 5-14-1990 STM, Arts. 6 and 10; 12-14-1992
STM, Art. 2; 11-15-1993 FYTM, Art. 20; 11-15-1999 FYTM, Art 23; 5-1-2000 ATM, Art. 3511-17-2003 FYTM, Arts. 19 and 24;
11-18-2001 FYTM, Arts. 17 and 21; 5-3-2004 ATM, Art. 24; 11-15-2004 FYTM, Art. 17; 5-2-2005 ATM, Art. 31; 11-13-2006 FYTM,
Art. 25; 5-7-2007 ATM, Art. 24; 11-5-2007 FYTM, Art. 19; 11-17-2008 FYTM, Art. 18; 5-2-2011 ATM, Art. 33; 11-7-2011 FYTM, Arts. 13
and 17; 5-7-2012 ATM, Arts. 24 and 28; 5-6-2013 STM, Art. 6; 5-6-2013 ATM, Art. 23; 5-5-2014 ATM, Arts. 22 and 30; 12-3-2018 FYTM,
Arts. 11, 12, and 13]
KEY:
P = Permitted Use
S = Special Permit Use
Use with a dash ("-") = Prohibited Use
District
R -R R -L R -M C -H V -B I MRD PWS-CF
Residential
1. Accessory residential building P P P P P
2. Accessory commercial dwelling unit "ACDU" - - - S S
3. Accessory single-family dwelling unit "ADU" on a lot of 30,000 P P P S S
square feet or more
4. Accessory single-family dwelling unit "ADU" on a lot less than S S S S S
30,000 square feet
5. Affordable multifamily dwelling units "AIVIFDU" P
6. Cluster residential development S S S -
7. Construction trailer P P p p p P
8. Major residential development S S S S
9. Multifamily dwelling - S
10. One -family detached dwelling unit P P P - P
11. One -family security dwelling - p p p
12. Planned residential development S S -
13. Row or town houses - S -
14. Subsidized elderly housing S S S S -
179 Attachment 1:1
Supp 1, Nov 2019
ZONING
179 Attachment 2
Town of Brewster
Area Regulations
Minimum Required Lots'
[Amended 12-10-1979 STM, Art. 37; 5-12-1980 ATM, Art. 42; 5-14-1984 ATM, Arts. 104 and 105; 8-27-1984 STM, Art. 57; 5-13-1985 ATM, Arts. 66, 74
and 94; 5-12-1986 ATM, Arts. 35 and 36; 5-11-1987 ATM, Art. 82; 5-9-1988 ATM, Art. 96; 10-17-1988 STM, Art. 26; 11-13-2006 FYTM, Arts. 29 and 33;
11-5-2007 FYTM, Art. 13; 5-5-2008 ATM, Art. 20; 5-7-2012 ATM, Art. 26; 12-3-2018 FYTM, Art. 12]
179 Attachment 2:1
06-01-2019
BREWSTER CODE
District Use
R -R Any permitted structure or principal use
R -L Any permitted structure or principal use
R -M Any permitted structure or principal use
C -H Row commercial
Multifamily dwellings
Hotel and motel
Row house or townhouse
Any other permitted structure or principal use'
V -B Any permitted structure or principal use
I Any permitted structure or use, other than those
listed above for the CH Zone (footnote 9)9
Area
(square feet)
100,000 plus 100,000 for the second
dwelling unit of a duplex
60,000 plus 60,000 for the second dwelling
unit of a duplex
60,000 plus 60,000 for the second dwelling
unit of a duplex
40,000
130,000 plus 10,000 per bedroom
130,000 plus 2,000 per unit
130,000 plus 10,000 per bedroom
15,000
15,000
20,000
Lot Frontage'
(feet)
200
Yards3'''5''''
Front Side Rear
(feet) (feet) (feet)
40 25 25
150 40 25 25
150 40 25 25
150 30 20 20
200 100 30 30
200 100 30 30
200 100 30 30
80 30 15 15
80 30 15 15
100 30 15 40
NOTES:
In general, only one principal structure shall be permitted on one lot. The exceptions are planned residential developments, row commercial development, subsidized
elderly housing, planned business developments, community facilities, building and construction trade shop or garage uses, public utilities, accessory single-family
dwelling units (ADUs), and accessory commercial dwelling units (ACDUs) that comply with all provisions of §§ 179-42.2 and 179-42.3, respectively. ADUs may be
permitted by right in the R -L, R -M and R -R zoning districts on lots of 30,000 square feet or greater, by Special Permit in these districts on lots less than 30,000 square feet,
and by Special Permit in the C -H, V -B and I zoning districts. Also, residential lots may contain two single-family units if the lot is twice that required by the Table of Area
Regulations for single-family residences in that district and if each unit is provided proper street access.
2 The width of the lot, measured at the front yard setback line, shall be at least 80% of the lot frontage.
3 At each end of a through lot, there shall be a setback depth required which is equal to the front yard depth required for the district in which each street frontage is located.
No building, except a boathouse or building used for agricultural purposes, shall be within 50 feet of any water body, watercourse or wetland area or, if subject to flooding,
within 50 feet beyond its flood line to the higher elevation.
5 Projections into required yards or other required open spaces are permitted subject to the following:
Balcony or bay window, limited in total length to 1/2 the length of the building, not more than two feet.
Open terrace or steps or stoop, under four feet in height, up to 1/2 the required yard setback.
Steps or stoop over four feet in height, windowsill, chimney, roof eave, fire escape, fire tower, storm enclosure or similar architectural features, not more than two feet.
6 Accessory buildings and structures. Any permitted accessory building in any R District shall conform to the following provisions:
It shall not occupy more than 40% of the required rear yard. It shall be not less than 40 feet for R -R and R -L Districts and 30 feet for an R -M District from any street lot
line and shall be not less than 25 feet in any R -R or R -L District or 20 feet in the R -M District from any lot line. It shall not exceed 30 feet in height.
A temporary stand for retail sale of agricultural or farm products, where permitted. May be six feet from the front lot line.
Any permitted barn shall be at least 50 feet from any street lot line or side or rear property line and at least 100 feet from any abutter's dwelling.
' The front, side and rear yard clearances shown in this table for multifamily dwellings are applicable to each structure containing dwelling units. These distances should be
used as though each structure is set on a separate lot. For example, two structures sitting side by side would have side yard clearances each of 30 feet or a total of 60 feet
between the structures.
Intensity of use applications to nursing convalescent home. For purposes of interpreting the portion of this chapter, the term "unit" shall mean each bed designed for use by
an individual receiving care at such facility. The first three units of a nursing/convalescent home shall require a minimum land area equal to the lot requirements for any
179 Attachment 2:2 06 - 01- 2019
8
permitted structure or principal use in the district in which located, with the exception in the C -H District, where 20,000 square feet shall be required for the first three units
of a nursing/convalescent home. In all districts where such use is allowed, including by special permit, each additional unit shall require a minimum of 4,000 square feet of
land area. Front, side and rear yard requirements within the respective districts where special permits are required may be increased at the discretion of the Board of
Appeals, if the size of the project, proximity to incompatible adjacent uses or other factors potentially having an adverse effect on the health, safety or welfare of the
persons under care at such facility justifies a more extensive buffer from property lines. The Board of Appeals shall ensure that egress from such facility shall be on a street
which should be safe and adequate.
9 No building, loading space, parking space or structure, other than a sign, shall be located within 200 feet of the Industrial District boundary line in an Industrial District.
1° Exception, panhandle lots. This exception shall only apply to a single parcel of land at least three times the area required for a single lot in that residential district, intended
to be divided or subdivided into not more than two lots. Such a division or subdivision may be exempt from any or all of the requirements of the Town of Brewster
Planning Board rules and regulations, upon the express written approval of the Planning Board. The regulations for lot frontage as set forth in this section may be waived by
the Planning Board upon the following conditions:
There shall be no further subdivision of the lot(s).
The lots) shall be used for single-family residential purposes.
The area of the access to the lot as determined by the Planning Board shall not be used in determining lot size.
The access to the lot as determined by the Planning Board shall not be used to provide access to any other lots.
In no event shall the lot frontage and lot width be less than 30 feet.
Multiple use of this section of this chapter shall not be used as a means of accomplishing the subdivision of land without the construction of ways.
Cottage colony conversion. An existing nonconforming cottage colony may not be converted to a single-family dwelling use under separate ownership, unless the lot upon
which each building is located complies with the minimum requirements for single-family dwellings in the zoning district in which the land is located, and such
nonconforming cottage colony may not be converted to a single-family use under condominium -type ownership, unless the lot meets the minimum zoning requirements in
which the land is located.
12 For subsidized elderly housing, see S -I rather than Table 2.
'3 An owner -occupied building containing two dwelling units, one of which shall be an accessory apartment with a net floor living area not exceeding 600 square feet, and
including not more than one bedroom, a kitchen, living room and bath, shall be allowed by a special permit granted by the Board of Appeals. Such dwelling shall be
deemed to be owner -occupied if either dwelling unit is occupied by the property owner of record on a year-round basis, except for bona fide temporary absences during
which the unit is not rented.
14 Editor's Note: The C -L District which immediately followed was removed at the request of the Town
179 Attachment 2:3
00 - 00 - 0000
PROPOSED AMENDMENTS TO ADU ZONING
PROVISIONS - MARK UP
Article IX
Special Regulations
§ 179-42.2 Accessory single-family dwelling units (ADUs).
The purposes of this ADU Section are to promote the creation of year-round rental dwelling units in the
Town; to increase housing choice and the diversity of housing types in the Town; and to preserve the
community, especially by facilitating housing that allows seniors, working people and young adults to remain
and live in Brewster; all while supporting the existing desirable character of Brewster’s residential
neighborhoods and districts.
Accessory single-family dwelling units shall be permitted subject to the following standards:
A. An ADU may be located within, or connectedadjacent to or adjoining a single-family dwellinghouse,
or in a detached, building accessory residential building to a single-family dwellinghouse, subject to the
Definitions of § 179-2; the requirements of Table 1, Use Regulations, and Table 2, Area
Regulations/Minimum Required Lots; and all standards of this Ssection. An ADU shall maintain a
separate entrance(s), either directly from the outside or through an entry or shared corridor sufficient to
meet the requirements of the State Building Code for safe egress. Also see the Definitions section of
this Chapter, § 179-2.
B. There shall be no more than one ADU per lot.
An ADU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well), in the
watershed of the Herring River, or the watershed to Pleasant Bay, subject to approval of a Special
Permit by the Zoning Board of Appeals. All ADUs within these areas shall be required to install
advanced nitrogen treatment septic systems, if deemed necessary.
C. An ADU shall have no more than two bedrooms and no more than one thousand (1000) square feet of
net floor area.
D. A minimum of one parking space for the ADU shall be provided in addition to the parking spaces for
the principal dwelling.
E. A detached, accessory residential building in which an ADU is located shall not otherwise contain
bedrooms not associated with the ADU.
F. All construction in connection with an An ADU shall be subject to and comply with all other provisions
of this Chapter, as applicable, including without limitation the building height, coverage and setback
requirements for the underlying lot, either as set out in Table 2, Area Regulations, Table 3, Height and
Bulk Regulations, or as otherwise may be permitted in Article VIII of this Chapter. To the extent there
is conflict between the provisions in this Section and other provisions in this Chapter, the provisions in
this Section shall control. attached to a principal dwelling shall conform to building setbacks for a
single-family house in the Zoning District where it is located.
GD. There shall be no minimum lot size required to construct and maintain an ADU. However, a Special
Permit, pursuant to the applicable standards in Section 179-51 herein, and Table 1, Use Regulations,
shall be required from the Planning Board for an ADU on a lot less than 15,000 sq. ft.
H. Either the principal dwelling or the ADU shallmust be occupied by the owner of the property on a year-
round basis, except for bona fide temporary absences, as defined in § 179-2 and the other remaining
dwelling unit shall be used for year-round dwelling purposes, leased or occupied for continuous periods
of not less than twelve (12) months at a time. Notwithstanding the foregoing, an owner who does not so
occupy the property on a year-round basis may apply for a Special Permit from the Planning Board,
pursuant to the applicable standards in Section 179-51 herein, to authorize an ADU on the property and
the use of whichever dwelling unit(s) said owner does not intend to occupy, either the principal
dwelling, the ADU, or both, for year-round dwelling purposes, to be leased or occupied for continuous
periods of not less than twelve (12) months at a time. Pursuant to its Special Permit authority under
Section 179-51 of this Chapter, the Planning Board may consider and require, among other things,
safeguards to ensure that privacy to abutting properties is reasonably maintained and that there are
appropriate management and facilities in place to serve the dwelling units.
The property owner shall be required to file a notarized affidavit with the Building Department annually,
stating that either the principal dwelling or the accessory single-family dwelling unit will be, and/or has
been, used as the principal residence of the owner for the next twelve-month period and that the
remaining dwelling will be leased for a period of not less than 12 months.
E. No more than 20 building permits shall be issued for the combined total of ADUs and ACDUs in a
single calendar year.
IF. An ADU shall be used and designed consistent with the single-family residential nature of the
underlying property. There shall be no renting of rooms or boarding of lodgers in an ADU. An ADU
shall not be used as an accommodations-type use, such as a lodging house. There shall be no subletting,
renting of rooms, or boarding of lodgers in an ADU on a short-term basis, and no Short-Term Rental use
shall be permitted on a lot containing in an ADU.
JG. An ADU shall be subjectshall conform to all applicable State and local laws and regulations, regulating
new construction or new residential use including without limitation the State Building Code and related
Certificate of Occupancy requirements; , and applicable State plumbing, electrical, and fire codes;, Title
5, 310 CMR 15.00, and the State Sanitary Code, 105 CMR 410.00, and corresponding local Board of
Health regulations;health and conservation State and local Wetlands laws and regulations and bylaws.
A Certificate of Occupancy shall be required for any ADU.
H. There shall be no more than two residential units in total on a lot containing an ADU.
I. A minimum of one parking space per bedroom of the ADU shall be provided.
J. An ADU shall be clearly subordinate in use, size and design to the principal single-family dwelling. An
ADU shall be designed so that, to the maximum extent practical, the appearance of the property on
which it is to be located remains that of a single-family residential property and the privacy of abutting
properties is maintained. K. An ADU shall not be severed in use or ownership from the principal
dwelling to which it is accessory, including but not limited to subjecting the underlying lot or any
portion thereof to the condominium form of ownership.
L. The owner of a property with an ADU shall be required to file a written affidavit with the Building
Department certifying compliance with the standards of this Section, including the use and occupancy
standards. The Building Department shall establish, administer, and maintain, and may amend from
time to time, the affidavit process and forms referenced herein.
MN. The Building Commissioner is authorized to establish an administrative permitting and/ or registration
process for ADUs, in addition to other permits or approvals that might be required, to assist in
documenting ADUs in the Town for informational or zoning compliance purposes.
NO. Without limiting other enforcement remedies or actions available under this Chapter, including fines,
the Building Commissioner is authorized to order that the cooking facilities and supporting utilities and
fixtures within an ADU be removed in order to abate a violation of this Section.
Article I
General Provisions
§ 179-2 Definitions.
B. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY SINGLE-FAMILY DWELLING UNIT (ADU)
A dwelling unit located housing on the same lotunit, complete with its own sleeping, cooking and
sanitary facilities, that is accessory and clearly subordinate to as the principal single-family dwelling to
which it is accessory. An ADU shall be considered an accessory use. An ADU may be located within a
single-family house containing a principal dwelling, or in a building accessory to a single-family house.
An ADU shall have no more than two bedrooms and shall have a maximum habitable area of 900 square
feet or 40% of the habitable area of the principal dwelling, whichever is less. Unenclosed additions
constructed to serve an ADU such as an entry, secondary egress or exterior stairs shall not be included
in the maximum habitable area of the ADU.
DWELLING, ONE FAMILY DETACHED
A building containing a single, separate dwelling unit, designed for use and occupancy by one family, which
shall be considered a principal use and principal structure under this Chapter. Also referred to herein as a
“single-family dwelling” or “single-family residence.”
FLOOR AREA, NET
The sum of the living areas on all the several floors within the perimeter of a building or portion thereof
measured from the outsideinterior faces of the exterior walls, or dividing walls as applicable, without
deduction for interior partitions and the like. It does not include cellars, unenclosed decks, porches, entries,
or attics or unconditioned storage, cellar, mechanical, garage, or utility areas, or spaces similar to the
foregoing, not useddesigned, intended for or capable of being used for human habitation or occupancy. or
any floor space in accessory buildings or in the main building intended and designed for the parking of motor
vehicles in order to meet the parking requirement of this chapter or any such floor space intended and
designed for accessory heating and ventilating equipment.
ZONING
179 Attachment 1
Table 1
Use Regulations
Town of Brewster
KEY:
P = Permitted Use
S = Special Permit Use
Use with a dash ("-") = Prohibited Use
District
R-R R-L R-M C-H V-B I MRD PWS-CF
Residential
1. Accessory residential building P P P -*P P - - -
2. Accessory commercial dwelling unit "ACDU" - - - S S - - -
3. Accessory single-family dwelling unit "ADU" on a lot of
1530,000 square feet or more
P P P -*S PS - - -
4. Accessory single-family dwelling unit "ADU" on a lot less than S S S -*S S - - -
1530,000 square feet 5. Affordable multifamily dwelling units "AMFDU" - - - P - - - -
6. Cluster residential development S S S - - - - -
7. Construction trailer P P P P P P - -
8. Major residential development S S S S - - - -
9. Multifamily dwelling - - - S - - - -
10. One-family detached dwelling unit P P P - P - - -
11. One-family security dwelling - - - P P P - -
12. Planned residential development - S S - - - - -
13. Row or town houses - - - S - - - -
14. Subsidized elderly housing S S S S - - - -
*Except as may be permitted for pre-existing nonconforming single-family residential properties under Article VIII of this Chapter 179.
179 Attachment 1:1 Supp 1, Nov 2019
[BREWSTER CODE, ZONING, CH. 179, TABLE/ ATTACHMENT 2, AREA REGULATIONS]
Area
District Use (square feet)
R-R Any permitted structure or principal use 100,000 plus 100,000 for the second
principal dwelling unit of a duplex
R-L Any permitted structure or principal use 60,000 plus 60,000 for the second
principal dwelling unit of a duplex
R-M Any permitted structure or principal use 60,000 plus 60,000 for the second
principal dwelling unit of a duplex
C-H Row commercial 40,000
Multifamily dwellings 130,000 plus 10,000 per bedroom
Hotel and motel 130,000 plus 2,000 per unit
Row house or townhouse 130,000 plus 10,000 per bedroom
Any other permitted structure or principal use14 15,000
V-B Any permitted structure or principal use 14 15,000
I Any permitted structure or use, other than those 20,000
listed above for the C-H DistrictZone (footnote 9)9
NOTES:
1 In general, only one principal structure shall be permitted on one lot. The exceptions are planned residential developments, row commercial development, subsidized
elderly housing, planned business developments, community facilities, building and construction trade shop or garage uses, and public utilities., accessory single-family
dwelling units (ADUs), and accessory commercial dwelling units (ACDUs) that comply with all provisions of §§ 179-42.2 and 179-42.3, respectively. ADUs may be
permitted by right in the R-L, R-M and R-R zoning districts on lots of 30,000 square feet or greater, by Special Permit in these districts on lots less than 30,000 square
feet, and by Special Permit in the C-H, V-B and I zoning districts. Also, residential lots may contain two principal single-family detached dwellings units if the lot is
twice that required by the Table of Area Regulations for single-family dwellings residences in that district and if each dwellingunit is provided proper street access.
2 The width of the lot, measured at the front yard setback line, shall be at least 80% of the lot frontage.
3 At each end of a through lot, there shall be a setback depth required which is equal to the front yard depth required for the district in which each street frontage is located.
4 No building, except a boathouse or building used for agricultural purposes, shall be within 50 feet of any water body, waterc ourse or wetland area or, if subject to flooding,
within 50 feet beyond its flood line to the higher elevation.
5 Projections into required yards or other required open spaces are permitted subject to the following:
Balcony or bay window, limited in total length to 1/2 the length of the building, not more than two feet.
Open terrace or steps or stoop, under four feet in height, up to 1/2 the required yard setback.
Steps or stoop over four feet in height, windowsill, chimney, roof eave, fire escape, fire tower, storm enclosure or similar architectural features, not more than two feet.
6 Accessory buildings and structures. Any permitted accessory building in any R District shall conform to the following provisi ons:
It shall not occupy more than 40% of the required rear yard. It shall be not less than 40 feet for R -R and R-L Districts and 30 feet for an R-M District from any street lot
line and shall be not less than 25 feet in any R-R or R-L District or 20 feet in the R-M District from any lot line. It shall not exceed 30 feet in height.
A temporary stand for retail sale of agricultural or farm products, where permitted. May be six feet from the front lot line.
Any permitted barn shall be at least 50 feet from any street lot line or side or rear property line and at least 100 feet fro m any abutter's dwelling.
7 The front, side and rear yard clearances shown in this table for multifamily dwellings are applicable to each structure conta ining dwelling units. These distances should
be used as though each structure is set on a separate lot. For example, two structures sitting side by side would have side yard clearances each of 30 feet or a total of 60
feet between the structures.
8 Intensity of use applications to nursing convalescent home. For purposes of interpreting the portion of this chapter, the term “unit” shall mean each bed designed for use by an
individual receiving care at such facility. The first three units of a nursing/convalescent home shall require a minimum land area equal to the lot requirements for any
179 Attachment 2:2 06 - 01 - 2019
Lot Frontage2
(feet)
Front
(feet)
Yards3,4,5,6,7
Side
(feet)
Rear
(feet)
200 40 25 25
150 40 25 25
150 40 25 25
150 30 20 20
200 100 30 30
200 100 30 30
200 100 30 30
80 30 15 15
80 30 15 15
100 30 15 40
[BREWSTER CODE, ZONING, CH. 179, TABLE/ ATTACHMENT 2, AREA REGULATIONS]
permitted structure or principal use in the district in which located, with the exception in the C -H District, where 20,000 square feet shall be required for the first three units
of a nursing/convalescent home. In all districts where such use is allowed, including by special permit, each additional unit shall require a minimum of 4,000 square feet of
land area. Front, side and rear yard requirements within the respective districts where special permits are required may be i ncreased at the discretion of the Board of
Appeals, if the size of the project, proximity to incompatible adjacent uses or other factors potentially having an adverse effect on the health, safety or welfare of the
persons under care at such facility justifies a more extensive buffer from property lines. The Board of Appeals shall ensure that egress from such facility shall be on a street
which should be safe and adequate.
No building, loading space, parking space or structure, other than a sign, shall be located within 200 feet of the Industrial District boundary line in an Industrial District.
Exception, panhandle lots. This exception shall only apply to a single parcel of land at least three times the area required for a single lot in that residential district, intended
to be divided or subdivided into not more than two lots. Such a division or subdivision may be exempt from any or all of the requirements of the Town of Brewster
Planning Board rules and regulations, upon the express written approval of the Planning Board. The regulations for lot fronta ge as set forth in this section may be waived by
the Planning Board upon the following conditions:
There shall be no further subdivision of the lot(s).
The lots) shall be used for single-family residential purposes.
The area of the access to the lot as determined by the Planning Board shall not be used in determining lot size.
The access to the lot as determined by the Planning Board shall not be used to provide access to any other lots.
In no event shall the lot frontage and lot width be less than 30 feet.
Multiple use of this section of this chapter shall not be used as a means of accomplishing the subdivision of land without th e construction of ways.
Cottage colony conversion. An existing nonconforming cottage colony may not be converted to a single-family dwelling use under separate ownership, unless the lot upon
which each building is located complies with the minimum requirements for single-family dwellings in the zoning district in which the land is located, and such
nonconforming cottage colony may not be converted to a single-family use under condominium-type ownership, unless the lot meets the minimum zoning requirements in
which the land is located.
For subsidized elderly housing, see S-I Section 179-42 rather than this Table 2.
An owner-occupied building containing two dwelling units, one of which shall be an accessory apartment with a net floor living area not exceeding 600 square feet, and
including not more than one bedroom, a kitchen, living room and a bathroom, isshall be allowed by a special permit granted by the Board of Appeals. Such building
dwelling shall be deemed to be owner-occupied if either dwelling unit is occupied by the property owner of record on a year-round basis, except for bona fide
temporary absences during which the unit is not rented. A lot shall not contain both an ADU and an accessory apartment.
Except that single-family dwelling uses and structures in the V-B district shall be subject to the R-M district requirements set out in this Table 2.
Editor's Note: The C-L District which immediately followed was removed pursuant to Article 51, Annual Town Meeting, May 8, 1989.at the request of the Town.
9
10
11
12
13
14
179 Attachment 2:3 06-01-2019
PROPOSED AMENDMENTS TO ADU ZONING
PROVISIONS - CLEAN
Article IX
Special Regulations
§ 179-42.2 Accessory single-family dwelling units (ADUs).
The purposes of this ADU Section are to promote the creation of year-round rental dwelling units in the
Town; to increase housing choice and the diversity of housing types in the Town; and to preserve the
community, especially by facilitating housing that allows seniors, working people and young adults to remain
and live in Brewster; all while supporting the existing desirable character of Brewster’s residential
neighborhoods and districts.
Accessory single-family dwelling units shall be permitted subject to the following standards:
A. An ADU may be located within, connected to or adjoining a single-family dwelling, or in a detached,
accessory residential building to a single-family dwelling, subject to all standards of this Section. An
ADU shall maintain a separate entrance(s), either directly from the outside or through an entry or shared
corridor sufficient to meet the requirements of the State Building Code for safe egress. Also see the
Definitions section of this Chapter, § 179-2.
B. There shall be no more than one ADU per lot.
C. An ADU shall have no more than two bedrooms and no more than one thousand (1000) square feet of
net floor area.
D. A minimum of one parking space for the ADU shall be provided in addition to the parking spaces for
the principal dwelling.
E. A detached, accessory residential building in which an ADU is located shall not otherwise contain
bedrooms not associated with the ADU.
F. An ADU shall be subject to and comply with all other provisions of this Chapter, as applicable,
including without limitation the building height, coverage and setback requirements for the underlying
lot, either as set out in Table 2, Area Regulations, Table 3, Height and Bulk Regulations, or as otherwise
may be permitted in Article VIII of this Chapter. To the extent there is conflict between the provisions
in this Section and other provisions in this Chapter, the provisions in this Section shall control.
G. There shall be no minimum lot size required to construct and maintain an ADU. However, a Special
Permit, pursuant to the applicable standards in Section 179-51 herein, and Table 1, Use Regulations,
shall be required from the Planning Board for an ADU on a lot less than 15,000 sq. ft.
H. Either the principal dwelling or the ADU shall be occupied by the owner of the property on a year-round
basis, except for bona fide temporary absences, and the other dwelling unit shall be used for year-round
dwelling purposes, leased or occupied for continuous periods of not less than twelve (12) months at a
time. Notwithstanding the foregoing, an owner who does not so occupy the property on a year-round
basis may apply for a Special Permit from the Planning Board, pursuant to the applicable standards in
Section 179-51 herein, to authorize an ADU on the property and the use of whichever dwelling unit(s)
said owner does not intend to occupy, either the principal dwelling, the ADU, or both, for year-round
dwelling purposes, to be leased or occupied for continuous periods of not less than twelve (12) months
at a time. Pursuant to its Special Permit authority under Section 179-51 of this Chapter, the Planning
Board may consider and require, among other things, safeguards to ensure that privacy to abutting
properties is reasonably maintained and that there are appropriate management and facilities in place to
serve the dwelling units.
I. An ADU shall be used and designed consistent with the single-family residential nature of the
underlying property. An ADU shall not be used as an accommodations-type use, such as a lodging
house. There shall be no subletting, renting of rooms, or boarding of lodgers in an ADU on a short-term
basis, and no Short-Term Rental use shall be permitted on a lot containing an ADU.
J. An ADU shall be subject to all applicable State and local laws and regulations, including without
limitation the State Building Code and related Certificate of Occupancy requirements; State plumbing,
electrical, and fire codes; Title 5, 310 CMR 15.00, and the State Sanitary Code, 105 CMR 410.00, and
corresponding local Board of Health regulations; and State and local Wetlands laws and regulations.
K. An ADU shall not be severed in use or ownership from the principal dwelling to which it is accessory,
including but not limited to subjecting the underlying lot or any portion thereof to the condominium
form of ownership.
L. The owner of a property with an ADU shall be required to file a written affidavit with the Building
Department certifying compliance with the standards of this Section, including the use and occupancy
standards. The Building Department shall establish, administer, and maintain, and may amend from
time to time, the affidavit process and forms referenced herein.
M. The Building Commissioner is authorized to establish an administrative permitting and/ or registration
process for ADUs, in addition to other permits or approvals that might be required, to assist in
documenting ADUs in the Town for informational or zoning compliance purposes.
N. Without limiting other enforcement remedies or actions available under this Chapter, including fines,
the Building Commissioner is authorized to order that the cooking facilities and supporting utilities and
fixtures within an ADU be removed in order to abate a violation of this Section.
Article I
General Provisions
§ 179-2 Definitions.
B. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY SINGLE-FAMILY DWELLING UNIT (ADU)
A dwelling unit located on the same lot as the principal single-family dwelling to which it is accessory. An
ADU shall be considered an accessory use.
DWELLING, ONE FAMILY DETACHED
A building containing a single, separate dwelling unit, designed for use and occupancy by one family, which
shall be considered a principal use and principal structure under this Chapter. Also referred to herein as a
“single-family dwelling” or “single-family residence.”
FLOOR AREA, NET
The sum of the living areas on all floors within the perimeter of a building or portion thereof measured from
the outside faces of the exterior walls, or dividing walls as applicable, without deduction for interior
partitions and the like. It does not include unenclosed decks, porches, entries, or unconditioned storage,
cellar, mechanical, garage, or utility areas, or spaces similar to the foregoing, not designed, intended or
capable of being used for human habitation or occupancy.
ZONING
179 Attachment 1
Table 1
Use Regulations
Town of Brewster
KEY:
P = Permitted Use
S = Special Permit Use
Use with a dash ("-") = Prohibited Use
District
R-R R-L R-M C-H V-B I MRD PWS-CF
Residential
1. Accessory residential building P P P -* P - - -
2. Accessory commercial dwelling unit "ACDU" - - - S S - - -
3. Accessory single-family dwelling unit "ADU" on a lot of
15,000 square feet or more
P P P -* P - - -
4. Accessory single-family dwelling unit "ADU" on a lot less than S S S -* S - - -
15,000 square feet 5. Affordable multifamily dwelling units "AMFDU" - - - P - - - -
6. Cluster residential development S S S - - - - -
7. Construction trailer P P P P P P - -
8. Major residential development S S S S - - - -
9. Multifamily dwelling - - - S - - - -
10. One-family detached dwelling P P P - P - - -
11. One-family security dwelling - - - P P P - -
12. Planned residential development - S S - - - - -
13. Row or town houses - - - S - - - -
14. Subsidized elderly housing S S S S - - - -
*Except as may be permitted for pre-existing nonconforming single-family residential properties under Article VIII of this Chapter 179.
179 Attachment 1:1 Supp 1, Nov 2019
[BREWSTER CODE, ZONING, CH. 179, TABLE/ ATTACHMENT 2, AREA REGULATIONS]
Area
District Use (square feet)
R-R Any permitted structure or principal use 100,000 plus 100,000 for the second
principal dwelling
R-L Any permitted structure or principal use 60,000 plus 60,000 for the second
principal dwelling
R-M Any permitted structure or principal use 60,000 plus 60,000 for the second
principal dwelling
C-H Row commercial 40,000
Multifamily dwellings 130,000 plus 10,000 per bedroom
Hotel and motel 130,000 plus 2,000 per unit
Row house or townhouse 130,000 plus 10,000 per bedroom
Any other permitted structure or principal use 15,000
V-B Any permitted structure or principal use14 15,000
I Any permitted structure or use, other than those 20,000
listed above for the C-H District9
NOTES:
1 In general, only one principal structure shall be permitted on one lot. The exceptions are planned residential developments, row commercial development, subsidized
elderly housing, planned business developments, community facilities, building and construction trade shop or garage uses, and public utilities. Also, residential lots may
contain two principal single-family detached dwellings if the lot is twice that required by the Table of Area Regulations for single-family dwellings in that district and if
each dwelling is provided proper street access.
2 The width of the lot, measured at the front yard setback line, shall be at least 80% of the lot frontage.
3 At each end of a through lot, there shall be a setback depth required which is equal to the front yard depth required for the district in which each street frontage is located.
4 No building, except a boathouse or building used for agricultural purposes, shall be within 50 feet of any water body, watercourse or wetland area or, if subject to flooding,
within 50 feet beyond its flood line to the higher elevation.
5 Projections into required yards or other required open spaces are permitted subject to the following:
Balcony or bay window, limited in total length to 1/2 the length of the building, not more than two feet.
Open terrace or steps or stoop, under four feet in height, up to 1/2 the required yard setback.
Steps or stoop over four feet in height, windowsill, chimney, roof eave, fire escape, fire tower, storm enclosure or similar architectural features, not more than two feet.
6 Accessory buildings and structures. Any permitted accessory building in any R District shall conform to the following provisions:
It shall not occupy more than 40% of the required rear yard. It shall be not less than 40 feet for R-R and R-L Districts and 30 feet for an R-M District from any street lot
line and shall be not less than 25 feet in any R-R or R-L District or 20 feet in the R-M District from any lot line. It shall not exceed 30 feet in height.
A temporary stand for retail sale of agricultural or farm products, where permitted. May be six feet from the front lot line.
Any permitted barn shall be at least 50 feet from any street lot line or side or rear property line and at least 100 feet from any abutter's dwelling.
7 The front, side and rear yard clearances shown in this table for multifamily dwellings are applicable to each structure containing dwelling units. These distances should
be used as though each structure is set on a separate lot. For example, two structures sitting side by side would have side yard clearances each of 30 feet or a total of 60
feet between the structures.
8 Intensity of use applications to nursing convalescent home. For purposes of interpreting the portion of this chapter, the term “unit” shall mean each bed designed for use by an
individual receiving care at such facility. The first three units of a nursing/convalescent home shall require a minimum land area equal to the lot requirements for any
179 Attachment 2:2 06 - 01 - 2019
Lot Frontage2
(feet)
Front
(feet)
Yards3,4,5,6,7
Side
(feet)
Rear
(feet)
200 40 25 25
150 40 25 25
150 40 25 25
150 30 20 20
200 100 30 30
200 100 30 30
200 100 30 30
80 30 15 15
80 30 15 15
100 30 15 40
[BREWSTER CODE, ZONING, CH. 179, TABLE/ ATTACHMENT 2, AREA REGULATIONS]
permitted structure or principal use in the district in which located, with the exception in the C-H District, where 20,000 square feet shall be required for the first three units
of a nursing/convalescent home. In all districts where such use is allowed, including by special permit, each additional unit shall require a minimum of 4,000 square feet of
land area. Front, side and rear yard requirements within the respective districts where special permits are required may be increased at the discretion of the Board of
Appeals, if the size of the project, proximity to incompatible adjacent uses or other factors potentially having an adverse effect on the health, safety or welfare of the
persons under care at such facility justifies a more extensive buffer from property lines. The Board of Appeals shall ensure that egress from such facility shall be on a street
which should be safe and adequate.
No building, loading space, parking space or structure, other than a sign, shall be located within 200 feet of the Industrial District boundary line in an Industrial District.
Exception, panhandle lots. This exception shall only apply to a single parcel of land at least three times the area required for a single lot in that residential district, intended
to be divided or subdivided into not more than two lots. Such a division or subdivision may be exempt from any or all of the requirements of the Town of Brewster
Planning Board rules and regulations, upon the express written approval of the Planning Board. The regulations for lot frontage as set forth in this section may be waived by
the Planning Board upon the following conditions:
There shall be no further subdivision of the lot(s).
The lots) shall be used for single-family residential purposes.
The area of the access to the lot as determined by the Planning Board shall not be used in determining lot size.
The access to the lot as determined by the Planning Board shall not be used to provide access to any other lots.
In no event shall the lot frontage and lot width be less than 30 feet.
Multiple use of this section of this chapter shall not be used as a means of accomplishing the subdivision of land without the construction of ways.
Cottage colony conversion. An existing nonconforming cottage colony may not be converted to a single-family dwelling use under separate ownership, unless the lot upon
which each building is located complies with the minimum requirements for single-family dwellings in the zoning district in which the land is located, and such
nonconforming cottage colony may not be converted to a single-family use under condominium-type ownership, unless the lot meets the minimum zoning requirements in
which the land is located.
For subsidized elderly housing, see Section 179-42 rather than this Table 2.
An owner-occupied building containing two dwelling units, one of which shall be an accessory apartment with a net floor area not exceeding 600 square feet and not
more than one bedroom, is allowed by a special permit granted by the Board of Appeals. Such building shall be deemed to be owner-occupied if either dwelling unit is
occupied by the property owner of record on a year-round basis, except for bona fide temporary absences. A lot shall not contain both an ADU and an accessory
apartment.
Except that single-family dwelling uses and structures in the V-B district shall be subject to the R-M district requirements set out in this Table 2.
Editor's Note: The C-L District was removed pursuant to Article 51, Annual Town Meeting, May 8, 1989.
9
10
11
12
13
14
179 Attachment 2:3 06-01-2019
TOWN CODE AMENDMENT – GOLF COMMISSION BYLAW
Article No. 13: To see if the Town will vote to amend Article V (“Golf Commission”) of
Chapter 6 of the Town’s General Bylaws by inserting the bold language, and deleting the
strikethrough language, as indicated below, or take any other action relative thereto:
§ 6-5. Appointment; terms.
The Select Board shall appoint a Golf Commission of seven members to serve as the policy-
making board of the Captains Golf Course. Each member shall be appointed for a staggered term
of three years. Reappointment at the end of a term shall be determined by the Selectmen Select
Board. All vacancies shall be filled by the Select Board. The Select Board may appoint a
member to serve the unexpired term of a former member. All appointments will be made in
accordance with the Town Charter and relevant Select Board policies.
§ 6-6. Purpose.
A. In fulfilling its responsibility to the Town of Brewster, the Select Board, and the Town
Administrator Manager, and the Golf Commission shall be guided by two basic the
following principles:, as follows:
(1) The golf course shall be operated and maintained so as to pay its expenses and return a
reasonable profit to the Town. The Captains Golf Course facility shall be operated
as an Enterprise Fund in accordance with MGL Chapter 44, Section 53F1/2.
(2) The golf course shall be operated and maintained as a recreational facility available
to the residents of the Town as well as to the general public.
B. The Golf Commission, in coordination with the Town Manager, the Golf Operations
Director, and the Course Superintendent, shall be responsible for the preparation of
establishing near and long-term plans, policies and strategies for the golf course.,
including, but not limited to, eligibility for use, fees, hours of operation, block-time
approval and liaison with various golf associations and other golf course users. Any
changes in policies, regulations, procedures or operations that would alter these principles
or change their stated priority shall be approved by the Select Board. The Golf
Commission may provide recommendations on financial matters to the Town
Manager and Select Board as appropriate. The Select Board shall vote to approve
any proposed changes to fees, limitations on membership, and/or allocation of tee
times. The Town Manager may consult with the Golf Commission in the
preparation and development of the Golf Department’s budget and capital plan.
§ 6-7. Removal. (Reserved)
Members of the Golf Commission may be removed by the Select Board for reasonable and
good cause.
§ 6-8. Required reports. (Reserved)
The Golf Commission shall, within 30 days after the end of the fiscal year, make a report to the
citizens of the Town.
§ 6-9. Audit. (Reserved)
The Golf Department will be subject to an audit in the same manner as other boards, committees,
commissions and departments and shall respond appropriately to its recommendations.
§ 6-10. Appointment. (Reserved)
The Director of Operations of the golf course, appointed by the Select Board pursuant to the
provisions of Chapter 5, Art. I, § 5-3C of the Brewster Town Code, may enter into an
employment contract for a period of up to three years.
§ 6-5. Appointment; terms.
The Select Board shall appoint a Golf Commission of seven members to serve as
the policy-making board of the Captains Golf Course. Each member shall be
appointed for a staggered term of three years. Reappointment at the end of a term
shall be determined by the Select Board. All vacancies shall be filled by the Select
Board. The Select Board may appoint a member to serve the unexpired term of a
former member. All appointments will be made in accordance with the Town
Charter and relevant Select Board policies.
§ 6-6. Purpose.
A. In fulfilling its responsibility to the Town of Brewster, the Select Board, the
Town Manager, and the Golf Commission shall be guided by the following
principles:
(1) The Captains Golf facility shall be operated as an Enterprise Fund in
accordance with MGL Chapter 44 Section 53F1/2.
(2) The golf course shall be operated and maintained as a recreational facility
available to the residents of the Town as well as to the general public.
B. The Golf Commission, in coordination with the Town Manager, Director of
Golf, and the Course Superintendent, shall be responsible for establishing near and
long-term plans, policies, and strategies for the golf course. The Golf Commission
may provide recommendations on financial matters to the Town Manager and
Select Board as appropriate. The Select Board shall vote on any proposed changes
to fees, limitations on membership, and/or allocation of tee times. The Town
Manager may consult with the Golf Commission in the preparation and
development of the Golf Department’s budget and capital plan.
ARTICLE V
Golf Commission
[Adopted 6-7-1983 STM, Art. 3; amended in its entirety 5-3-1999 STM, Art. 6]
§6-5.Appointment; terms.[Amended 11-13-2006 FYTM, Art. 15;11-13-2017 FYTM,Art. 13]
The Select Board shall appoint a Golf Commission of seven members to serve as the policy-making
board of the Captains Golf Course. Each member shall be appointed for a staggered term of three years.
Reappointment at the end of a term shall be determined by the Selectmen. All vacancies shall be filled
by the Select Board. The Select Board may appoint a member to serve the unexpired term of a former
member.
§6-6.Purpose.[Amended 11-13-2017 FYTM,Art. 13]
§6-7.Removal.[Amended 11-13-2017 FYTM,Art. 13]
Members of the Golf Commission may be removed by the Select Board for reasonable and good cause.
§6-8.Required reports.
The Golf Commission shall, within 30 days after the end of the fiscal year, make a report to the citizens
of the Town.
§6-9.Audit.
The Golf Department will be subject to an audit in the same manner as other boards, committees,
commissions and departments and shall respond appropriately to its recommendations.
§6-10.Appointment.[Amended 11-13-2017 FYTM,Art. 13]
The Director of Operations of the golf course, appointed by the Select Board pursuant to the provisions of
Chapter 5, Art.I, §5-3C of the Brewster Town Code, may enter into an employment contract for a period
of up to three years.
A.In fulfilling its responsibility to the Town of Brewster, the Select Board, the Town Administrator
and the Golf Commission shall be guided by two basic principles, as follows:
(1)The golf course shall be operated and maintained so as to pay its expenses and return a
reasonable profit to the Town.
(2)The golf course shall be operated and maintained as a facility available to the residents of the
Town.
B.The Golf Commission shall be responsible for the preparation of near and long-term plans, policies
and strategies, including, but not limited to, eligibility for use, fees, hours of operation, block-time
approval and liaison with various golf associations and other golf course users. Any changes in
policies, regulations, procedures or operations that would alter these principles or change their stated
priority shall be approved by the Select Board.
Town of Brewster, MA
§6-5 §6-10
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Chapter .396
of the Acts of 2022
THE COMMONWEALTH OF MASSACHUSETTS
In the One Hundred and Ninety -Second General Court
AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding any general or special law to the contrary,
the following shall be the charter for the town of Brewster:
Brewster Town Charter
Preamble: We, the people of the town of Brewster, Massachusetts, in order
to reaffirm the customary and traditional liberties of the people with
respect to the conduct of our local government, adopt this charter with the
expectation and intent that the charter will continue and enhance the town's
strong traditions of active voter participation; ethical, transparent and
responsive leadership; wise use of public resources; respect for all in the
community; and an engaged citizenry. We expect and intend that our government
will be welcoming and inclusive and will promote equality and respect for all
people.
CHAPTER 1
POWERS OF THE TOWN
Section 1 Incorporation
1-1-1 The present town of Brewster, within its corporate limits as
now established, shall continue to be a body politic and corporate under the
name, town of Brewster.
Section 2 Scope of Town Powers
1-2-1 The town shall possess and exercise all powers possible under
the constitution and laws of the commonwealth as fully and completely as
though those powers were expressly enumerated in this chapter.
Section 3 Form of Government
1-3-1 This charter provides for a select board -open town meeting -town
manager form of government.
Section 4 Construction of Charter
1-4-1 The powers of the town under this charter shall be construed
liberally in favor of the town, and the specific mention of particular powers
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in the charter shall not be construed as limiting the general powers of the
town as stated in section 1-2-1.
Section 5 Intergovernmental Relations
1-5-1 The town may exercise, consistent with the law, any of its
powers or perform any of its functions and may participate in the financing
thereof, jointly or in cooperation, by contract or otherwise, with any 1 or
more civil divisions, subdivisions or agencies of the commonwealth, other
states or the United States government.
CHAPTER 2
TOWN MEETINGS AND ELECTIONS
Sedtion 1. Legislative Power
2-1-1 The legislative powers of the town shall be exercised by a town
meeting open to all registered voters of the town.
Section 2. Open Town Meeting
2-2-1 Business sessions of the annual town meeting shall be held on
the first Monday in May and may be continued on such additional days as may
be decided by the town meeting upon recommendation of the select board. There
shall also be a second business session of the annual town meeting, referred
to as the annual fall town meeting, held in the last 3 months of the calendar
year on a date to be determined by the select board, which meeting shall be
an annual town meeting for purposes of the General Laws; provided, however,
that the select board may, at its discretion, cancel the fall annual town
meeting not later than September 15 in any year, so long as no more than 5
citizen petitioned articles submitted pursuant to section 4 of this charter
for inclusion on the warrant at the fall annual town meeting and notice of
the select board's action with regard to such meeting shall be posted on the
town website and principal bulletin board. The select board's decision as to
whether to hold an annual fall town meeting shall not prohibit the select
board from calling for a special town meeting, from time to time, at its
discretion.
Section 3. Warrant
2-3-1
(a) Except for procedural matters, all subjects to be acted on by town
meeting shall be placed on warrants issued by the select board.
(b) The date of the closure of the warrant to petitioned articles shall
be set by general by-law.
2-3-2
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(a) In addition to any notice required by the General Laws, the select
board shall: (i) post the town meeting warrant at the locations listed in
subsection (b), town hall and at least 1 location in each precinct and (ii)
make available sufficient copies of the warrant at the town meeting for all
registered voters in attendance.
(b) The select board shall, at least 1 week prior to the meeting, post
the warrant for the town meeting on the town website and make the same
available at town hall, and as required by general by-law or select board
policy, at town facilities and other common locations throughout the town;
provided, however, that failure to timely post the warrant on the website or
to make such copies available no later than 1 week prior to the date of the
town meeting shall not invalidate or otherwise affect the legality or
validity of the actions taken at the town meeting.
Section 4. Citizen Petitions
2-4-1 Any 10 registered voters of the town may secure, by written
petition to the select board, the inclusion of an article for the warrant of
any duly scheduled annual town meeting and not less 100 registered voters may
secure the same for any duly scheduled special town meeting.
2-4-2 The select board may provide a pre -petition process whereby
petitioners may seek review of proposed petitions prior to submission.
Section 5. Quorum
2-5-1 The town meeting shall establish by general by-law a quorum
requirement for the opening of its business, but a smaller number than the
established quorum may adjourn immediately any meeting to a stated date, time
and place as recommended by the select board; provided, however, that in the
event of a state of emergency declared by the governor to protect the public
health or safety, the quorum may be reduced in the manner set forth in
section 7 of chapter 92 of the acts of 2020.
Section 6. Presiding Officer
2-6-1 A moderator, who shall be a registered voter of the town, shall
be elected for a 3 -year term as provided in section 2-11-1. The moderator
shall preside over all sessions of the town meeting. The moderator shall
regulate the proceedings, decide questions of order and make public
declarations of all votes. The moderator shall have all of the powers and
duties given to moderators pursuant to the Constitution of the Commonwealth
and the General Laws and such additional powers and duties as may be
authorized by the charter, by-law or other town meeting vote.
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2-6-2 The moderator shall appoint a deputy moderator for a 1 -year
term who shall serve as moderator, if the moderator is absent or has a
conflict.
2-6-3 If the office of moderator becomes vacant, the select board
shall appoint a registered voter of the town as acting moderator. The acting
moderator shall not be an elected town officer and shall serve as acting
moderator until the next scheduled election of town officers.
Section 7. Rules
2-7-1 Unless otherwise provided by general by-law, rules of procedure
for the town meeting shall be in accordance with "Town Meeting Time: A
Handbook of Parliamentary Law" published by the Massachusetts Moderators
Association.
Section 8. Clerk of the Meeting
2-8-1 The town clerk shall serve as the clerk of the town meeting. If
the town clerk is absent, the assistant town clerk shall serve as town clerk
regardless of whether such assistant is a resident or registered voter of the
town.
Section 9. Report
2-9-1 A journal of the proceedings of the town meeting shall be kept
as a permanent record in the town clerk's office and the journal shall be a
public record.
Section 10. Elections
2-10-1 The annual election for the election of officers and such
matters as are by law determined by ballot shall be held on the third Tuesday
in May. If the annual election for the election of officers and such matters
as are by law determined by ballot falls less than 2 weeks after the
scheduled beginning of the spring annual town meeting, then the annual
election shall be held on the fourth Tuesday in May; provided, however, that
the select board may delay the date of the annual election to another date in
the same fiscal year if the governor has declared a state of emergency to
protect the public health or safety. If the governor has declared a state of
emergency to protect the public health or safety, then the annual election
shall be held on the fourth Tuesday in May or any other Tuesday in May or
June as determined by the select board after consultation with the town
clerk.
Section 11. Elected Officers
2-11-1 The registered voters of the town of Brewster shall, in
accordance with any applicable laws, general by-laws, votes of the town or
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intergovernmental agreement, elect the following position; provided, however,
that members of multiple -member bodies shall be elected for overlapping
terms:
(a) moderator for a 3 -year term;
(b) select board of 5 members, each for a 3 -year term;
(c) school committee of 5 members, each for a 3 -year term;
(d) representatives to the Nauset Regional School District school
committee, as the regional school agreement shall provide;
(e) board of health of 5 members, each for a 3 -year term;
(f) planning board of 7 members, each for a 4 -year term;
(g) recreation commission of 5 members, each for a 3 -year term;
(h) historic district committee of 5 members, of which 4 members shall
be elected and 1 member shall be appointed by the select board, each for a 3 -
year term;
(i) housing authority of 5 members, of which 3 members shall be elected
and 2 members shall be appointed in accordance with the General Laws; and
(j) constable for a 3 -year term; provided, however, that the authority
of the elected constable in the town of Brewster shall be limited to the
posting of the warrant for a town meeting or town election; provided further,
that the person holding such position shall conform to any reasonable
regulations concerning such responsibilities as may, from time to time, be
proposed by the chief of police and approved by the select board.
Section 12. Recall of Elected Officers
2-12-1 (a)
Any holder of an elected office in the town may be recalled from that
office by the registered voters of the town as hereinafter provided, for
reasons including, but not limited to, neglect of duties, malfeasance,
misconduct or inability to perform official duties; provided, however, that
the question of whether the reasons stated for recall justify recall of a
particular officer shall be determined solely by the voters.
(b)
Any 25 registered voters of the town of Brewster may initiate a recall
petition by filing with the town clerk an affidavit containing the name of
the officer sought to be recalled, a statement of the grounds for recall and
specifying the lead petitioner. The town clerk shall thereupon make available
to the lead petitioner copies of petition blanks demanding such recall,
printed copies of which the town clerk shall keep available. The blanks shall
be issued by the town clerk under the town seal, and be dated and addressed
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to the select board. The blanks shall contain the names of all the persons to
whom they are issued, the name of the person whose recall is sought and the
grounds for such recall as stated in the affidavit and shall demand the
election of a successor to such office. A copy of the petition shall be
entered in a record book to be kept in the office of the town clerk. The
recall petition shall be returned and filed with the town clerk within 20
days after notification by the town clerk to the lead petitioner that the
recall petitions are available and shall have been signed by at least 12
percent of the registered voters of the town as of the last regular municipal
election, who shall add to their signatures the street and number, if any, of
their residence. The town clerk shall within 1 working day of receipt submit
the petition to the registrars of voters in the town and the registrars
shall, within 5 working days, certify thereon the number of signatures which
are names of registered voters of the town.
(b)
If the petition shall be found and certified by the town clerk and board
of registrars to be sufficient, the town clerk shall submit the petition with
the town clerk's certificate to the select board within 3 working days and
the select board shall forthwith give written notice of the receipt of the
certificate to the officer sought to be recalled. If the officer does not
resign within 5 days thereafter, the select board shall order an election to
be held on a date fixed by it which shall be not less than 65 and not more
than 90 days after the date of the town clerk's certificate that a sufficient
petition has been filed; provided, however, that if any other town election
is to occur within 100 days after the date of certification, the select board
shall postpone submission of the question of recall to the date of such other
election. No person shall be subject to recall if their term of office
expires within 90 days of the certification. If a vacancy occurs in the
office after a recall election has been ordered, the election shall
nevertheless proceed as provided in this section.
(c)
An officer sought to be recalled may be a candidate to succeed themself
and, unless the officer requests otherwise in writing, the town clerk shall
place the officer's name on the ballot without nomination. The nomination of
other candidates, the publication of the warrant for the recall election and
the conduct of the recall election shall all be in accordance with the
provisions of law relating to elections.
(d)
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The incumbent shall continue to perform the duties of the office until
the question of recall has been acted upon by the voters. If then re-elected,
the officer shall continue in office for the remainder of their unexpired
term subject to recall as before, except as provided in this charter. If not
re-elected, the officer shall be deemed removed and the successor shall serve
the remainder of the unexpired term; provided, however, that if the successor
fails to qualify within 10 days after receiving notification of election, the
office shall be deemed vacant.
(e)
(1) Ballots used for recall shall submit the following propositions in
the order indicated:
For the recall of (name and title of officer).
Against the recall of (name and title of officer).
(2) Under the propositions shall appear the word "Candidates", the
directions to the voters required by section 42 of chapter 54 of the General
Laws and, beneath the directions, the names of candidates nominated in
accordance with the laws relating to elections. If a majority of the votes
cast upon the question of recall is in the affirmative, then the candidate
receiving the highest number of votes shall be declared elected. If a
majority of the votes on the question of recall is in the negative, then the
ballots for candidates shall not be counted.
(f)
No recall petition shall be filed against an officer within 90 days after
taking office, nor, in the case of an officer subjected to a recall election
and not recalled thereby, until at least 6 months after the election at which
their recall was submitted to the voters of the town.
(g)
No person who has been recalled from an office or who has resigned from
office following the filing of a recall petition shall be appointed to any
town office within 2 years after such recall or such resignation.
CHAPTER 3
THE SELECT BOARD
Section 1. Composition, Compensation and Vacancies
3-1-1 There shall be a select board consisting of 5 members elected
for 3 -year overlapping terms. The select board shall serve as the executive
branch of town government. The select board shall have all of the powers,
duties and responsibilities of a board of selectmen as provided in the
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General Laws and any regulations there under, special laws applicable to the
town of Brewster and any local laws and regulations.
3-1-2 A chair, vice -chair and clerk shall be elected by the select
board at the first meeting following each regular town election.
3-1-3 A quorum of the select board shall be 3 members.
3-1-4 Each member of the select board may receive an annual stipend
as set forth in the general by-laws, subject to appropriation by town
meeting.
3-1-5 If a member of the select board dies, resigns, is convicted of
a felony while serving or ceases to be a registered voter of the town, the
resulting vacancy may be filled by special election in accordance with the
General Laws.
Section 2. General Powers and Responsibilities
3-2-1 The select board shall exercise the powers and duties
prescribed by the General Laws, this charter and the general by-laws. The
select board may delegate powers and duties to the town manager or to another
town board. The select board shall enforce the laws and orders of the town,
including this charter.
3-2-2 The select board shall be the primary policy making, planning
and goal -setting agency of the town; provided, however, that no individual
member of the board, -nor a majority of them, shall at any time, attempt to
become involved in the day-to-day administration of the affairs of the town.
The select board shall act only through the adoption of policy directives and
guidelines which are to be implemented by officers and employees appointed by
or under its authority.
3-2-3 The select board, following the development of the proposed
budget by the town manager, shall review the annual proposed operating and
capital budgets submitted by the department heads and shall make the main
motion under the budget article at the annual town meeting.
3-2-4 The select board shall protect the assets of the town.
3-2-5 The select board shall approve all collective bargaining
agreements of the town negotiated by the town manager, consistent with
chapter 150E of the General Laws.
3-2-6 The select board shall, at least once annually, meet jointly
with the finance committee, the school committee, the Nauset Regional School
District school committee and the Cape Cod Regional Technical High School
District school committee, or their respective designees, for the purpose of
sharing information.
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3-2-7 The select board shall be the licensing authority of the town
and shall have the power to issue licenses, make all necessary rules and
regulations regarding the issuance of licenses, attach conditions and
restrictions thereto as it deems to be in the public interest and enforce the
laws relating to all businesses for which it issues licenses; provided,
however, that the board may, at its discretion, delegate responsibility to
the town manager or a board created for such purposes for issuance and
enforcement of any licenses.
3-2-B The select board shall ensure that the general by-laws are kept
current.
3-2-9 The select board shall be responsible to ensure that the town
manager complies with the charter.
3-2-10 The select board shall approve all personnel policies proposed
by the town manager in accordance with subparagraph (K) of paragraph 4-1-4.
Section 3. Written Records and Communication to the Town
3-3-1 Any goal, policy, plan or official act adopted by the select
board shall be in writing and included in its entirety in the minutes of the
meeting at which it was adopted. The town manager shall ensure that a file
containing a complete list of the select board's current policies and goals
is posted on the town website for public reference. The select board shall
designate to the town manager the publishing of an annual town report for
each calendar year.
3-3-2 Before August 31 and after the annual town election, the select
board shall hold a meeting for the purpose of stating the board's goals for
the next fiscal year or years, hereinafter referred to as the annual goal
setting meeting.
Section 4. Powers of Appointment
3-4-1 The select board shall select and enter into a contract with a
town manager. If the town manager position becomes vacant for any reason, the
select board shall designate a qualified person to serve in an acting
capacity.
3-4-2 The select board shall appoint, following consultation with the
town manager, the fire chief, police chief and town counsel.
3-4-3 The select board shall appoint members of all multiple -member
bodies, except as otherwise provided in this charter.
3-4-4 The select board may appoint ad hoc committees as it deems
necessary or appropriate.
Section 5. Investigatory Powers
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3-5-1 The select board may investigate the alleged misconduct of the
town manager, any town board or any member of a town board. The select board
may direct the town manager to investigate: (i) the affairs of the town; (ii)
the conduct of any town department or town employee; and (iii) any claim
against the town.
3-5-2 Any alleged potentially criminal matter shall be referred to
the appropriate law enforcement agency.
Section 6. Limitations and Public Ceremonies
3-6-1 Unless specifically provided in the General Laws, a member of
the select board shall not hold any other position in town government,
whether appointed or elected, paid or unpaid, that is created by the select
board or town meeting; provided, however, that serving in an ex officio
capacity shall not be considered a separate position for purposes of this
paragraph. Service as a representative from the town to a governmental body
other than the town shall not be prohibited by this paragraph.
3-6-2 The select board, and individual members thereof, shall deal
with employees who are under the direction and supervision of the town
manager solely through the town manager, except when the select board is
conducting an investigation of the town manager under paragraph 3-5-1, in
which case the employees shall contact the select board chair. Neither the
select board nor its individual members shall give direct orders to any such
employee.
3-6-3 Except as otherwise specified in this chapter, the select board
shall be subject to the same rules as apply to all other town boards,
including that members have no authority in their individual capacities
except as delegated by majority vote of the select board.
3-6-4 The select board shall represent the town for all ceremonial
purposes.
Section 7. Code of Conduct
The select board shall adopt a policy establishing a code of conduct
applicable to all appointed and elected officials, which policy shall be
amended from time to time at the board's discretion and any additional code
of conduct adopted by another board shall be no less restrictive. Any code of
conduct adopted by a board shall be posted in its office and on the town
website.
CHAPTER 4
TOWN MANAGEMENT
Section 1 Town manager
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4-1-1
The select board shall by majority vote of the entire select board
appoint a town manager. The method of selection shall be left to the
discretion of the select board so long as the method of selection ensures
orderly, nonpartisan action toward securing a competent and qualified person
to fill the position. The town manager shall be chosen solely upon the basis
of the individual's administrative training, education, experience and
ability and need not, when appointed, be a resident of the town; provided,
however, that the town manager shall establish such residence within 12
months following the effective date of appointment; provided further, that
the select board may, by a 2/3 vote of the entire board, extend to a time
certain the time for establishing residence or waiving this requirement.
4-1-2
The town manager shall receive such compensation as may be fixed by the
select board within the amount appropriated by town meeting and according to
the town manager's expertise, education and training. Any contract between
the select board and the town manager shall be made consistent with section
108N of chapter 41 of the General Laws.
4-1-3 Term and Removal
The town manager may be appointed for a definite term, but may be removed
at the discretion of the select board by majority vote of the entire select
board. The action of the select board in suspending or removing the town
manager shall be final. It is the intention of this charter to invest all
authority and fix all responsibilities of such suspension or removal in the
select board.
4-1-4
The town manager shall be responsible to the select board for the proper
administration of the affairs of the town consistent with the General Laws
and this charter, and shall:
(A) appoint for a term of years or, at the town manager's discretion,
for an unlimited period, all town employees, including civil service
positions, not otherwise addressed herein, but excluding employees of the
school department; provided, however, that the town manager shall:
(i) act upon recommendations from the police chief and the fire chief,
respectively, for appointment of employees of the police and fire
departments;
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(ii) consult with the appropriate department head or multiple -member
body for appointment of employees of other departments or multiple -member
bodies;
(B) supervise, discipline, suspend or remove all appointed department
heads and employees and organize and structure all town departments
accordingly, except as otherwise provided in section 3;
(C) administer and enforce the General Laws and special acts and all by-
laws and regulations established by the select board;
(D) coordinate activities of all town departments;
(E) attend all sessions of the town meeting and answer all questions
addressed to the town manager which are related to the warrant articles and
to matters under the general supervision of the town manager;
(F) keep the select board fully informed as to the needs of the town and
recommend to the select board for adoption such measures requiring action by
the select board or by the town as the town manager deems necessary or
expedient;
(G) ensure that complete and full records of the financial and
administrative activity of the town are maintained and render reports to the
select board as may be required;
(H) be responsible for the rental, use, maintenance, repair and the
development of a comprehensive maintenance program for all town facilities;
(I) serve as the chief procurement officer for purposes of chapter 30B
of the General Laws and be responsible for the purchase of all supplies,
materials and equipment, approve the award and execute all such contracts;
provided, however, that any contract over $1,000,000, or such higher amount
as shall be approved by the select board from time to time, shall require
approval by the select board;
(J) develop and maintain a formal and complete inventory of all town -
owned real and personal property and equipment;
(K) propose personnel policies for approval by the select board under
section 3-2-10 and administer all personnel policies, practices, rules and
regulations, any compensation plan and any related matters for all municipal
employees and administer all collective bargaining agreements entered into by
the town;
(L) fix the compensation of all town employees and officers appointed by
the town manager within the limits established by appropriation and any
applicable compensation plan and collective bargaining agreements;
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(M) be responsible for the negotiation of all contracts with town
employees regarding wages and other terms and conditions of employment,
except employees of the school department. The town manager may, subject to
the approval of the select board, employ special counsel to assist in the
performance of these duties; provided, however, collective bargaining
agreements shall be subject to the approval of the select board in accordance
with chapter 150E of the General Laws;
(N) be responsible for the preparation and development of the financial
forecast, annual operating and capital budgets and 5 -year capital improvement
plan, consistent with policy guidance provided by the select board, and
prepare and submit to the select board and finance committee such budget and
plan, and be responsible for the administration of such budget and plan after
their adoption;
(0) keep the select board and the finance committee fully informed as
to the financial condition of the town and make recommendations to the select
board;
(P) investigate or inquire into the affairs of any town department or
office;
(Q) have full authority to act on behalf of the town during emergencies,
including the direction of town personnel, declaring states of emergency,
opening the emergency operations center and shelters and the emergency
expenditure of funds, and to delegate such responsibility by appointing an
emergency management director, who shall be a town employee duly trained in
public safety, and a deputy emergency management director to assist the
emergency management director and to assume the duties of the emergency
management director in the director's absence;
(R) delegate, authorize or direct any subordinate or employee in the
town, including an assistant town manager, if any, and subject to funding
therefor, to exercise any power, duty or responsibility that the office of
town manager may exercise; provided, however, that all acts performed under
such delegation shall be deemed to be the acts of the town manager; and
(S) perform such other duties as necessary or as may be assigned by this
charter, by-law, town meeting vote or vote of the select board.
4-1-5
The town manager shall appoint as acting town manager a town employee who
shall perform the duties of the town manager in the town manager's absence;
provided, however, that if there is an assistant town manager serving at the
time of any such absence, such person may function as the acting town
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manager. In the event of long-term disability or absence exceeding 14 days,
or the resignation, termination or vacancy in the office of town manager, the
select board shall not later than 14 days thereafter, appoint an acting town
manager for the duration of any such disability or absence or until
appointment of a permanent town manager. No member of the select board shall
serve as acting town manager.
Section 2. Town Counsel
4-2-1 The select board shall appoint a competent and duly qualified and
licensed attorney practicing in the commonwealth to be the counsel for the
town. Town counsel shall receive such compensation for services as may be
fixed by the select board and shall hold office at the pleasure of the select
board. The town counsel shall be the legal adviser of all offices and
departments of the town and shall represent the town in all litigation and
other legal proceedings; provided however, that the select board may retain
special counsel at any time the select board deems appropriate and necessary.
The town counsel shall review and concur or dissent upon all documents,
contracts and legal instruments in which the town may have an interest. The
town counsel shall perform other duties prescribed by this charter, by by-law
or as directed by the select board. No employee, committee or board, elected
or appointed, other than the select board, shall contact or otherwise
interact with the town, labor or other special counsel in a manner
inconsistent with the policy relative to access to counsel established by the
select board. This section shall not limit the school committee from
retaining its own legal counsel.
Section 3. Fire, Police and Water Departments; Other Departments
4-3-1 Except as otherwise provided in this charter, there shall be a
fire department consistent with sections 42, 43 and .44 of chapter 48 of the
General Laws. The fire chief shall have responsibility for the day-to-day
supervision of firefighters and the fire department. The fire chief shall
have additional authority to place a firefighter on administrative leave with
pay, or discipline or suspend a firefighter, for a period of no more than 5
days and shall provide the town manager with written notification upon
implementation of such suspension. When the town manager intends to take
action under clause (B) of subsection 4-1-4 of section 1 with respect to
subordinate members of the fire department, the town manager shall consult
with the fire chief before taking such action.
4-3-2 Except as otherwise provided in this charter, there shall be a
police department consistent with section 97A of chapter 41 of the General
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Laws. The police chief shall have responsibility for the day-to-day
supervision of police officers and the police department. The police chief
shall have additional authority to place a police officer on administrative
leave with pay, or discipline or suspend a police officer, for a period of no
more than 5 days and shall provide the town manager with written notification
upon implementation of such suspension. When the town manager intends to
takes action under clause (B) of subsection 4-1-4 of section 1 with respect
to subordinate members of the police department, the town manager shall
consult with the police chief before taking such action.
4-3-3
(a) There shall be a water department under the supervision of a water
superintendent. The department shall have all of the powers, rights and
duties to be exercised by a water commission under the General Laws and
special laws, except as otherwise provided herein. The water superintendent
shall be responsible for the efficient exercise, performance and coordination
of the department. Any exercise by the department of the authority of water
commissioners with respect to acquisition or disposition of land shall be
approved by the select board prior to any such acquisition or disposition of
land. The superintendent shall report to the town manager as to the doings of
the office at such times as the town manager may require.
(b) The water superintendent shall supervise and direct the operations
and employees of the department in accordance with the town's personnel by-
laws and any applicable collective bargaining agreements. The water
superintendent shall be especially qualified by education, training and
experience to perform the duties of the office and shall have such other
qualifications as may be required from time to time. While employed by the
town, the water superintendent shall not engage in a business or occupation
falling within the jurisdiction of the water department, unless approved in
advance by the town manager with the concurrence of the select board. Unless
specifically provided in the General Laws, the water superintendent shall not
hold any other position in town government, whether appointed or elected,
paid or unpaid, that is created by the select board or town meeting;
provided, however, that serving in an ex officio capacity shall not be
considered a separate position for purposes of this subparagraph. Service as
a representative from the town to a governmental body other than the town
shall not be prohibited by this subparagraph. The water superintendent need
not be a resident of the town during their tenure.
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(c) There shall be a water commission consisting of 3 members to be
appointed by the select board for alternating, overlapping 3 -year terms. The
commission shall be responsible for setting water rates, making budget
recommendations and providing advice and support to the superintendent with
respect to other policy matters on which the commission may be consulted and
which falls within the jurisdiction of the water department. The water
commission shall recommend priorities and policies to govern the provision of
water in the town, and, with the concurrence of the water superintendent, may
adopt policies and regulations to carry out the same.
CHAPTER 5
TOWN BOARDS/COMMISSIONS/COMMITTEES
Section 1. Appointed Boards and Committees
5-1-1
(a) In addition to any boards and committees specified in this charter,
boards and committees may be created by adoption of by-laws, by town meeting
vote or a vote of the select board. A list of any such boards and
committees, specifying the number of members, terms of office, if any, and
listing their respective charges, shall be maintained in the office of the
town clerk and, within 10 business days after the creation of the board or
committee, posted on the town website.
(b) Notwithstanding any other provision of this charter or General Laws
to the contrary, any person appointed to a multiple -member body may be
removed by their respective appointing authority following written notice and
the opportunity for a public hearing; provided, however, that failure to
reappoint following the expiration of an appointed term shall not constitute
removal.
Section 2. Moderator Appointments
5-2-1
The moderator may appoint members of the boards, committees and
commissions established under this section or as may be authorized by by-law,
town meeting vote or regional school district agreement. Appointments made by
the moderator shall each be for a fixed term and such appointments shall not
be subject to review or confirmation by any other person or group.
5-2-2
(a) There shall be a finance committee which shall be consisting of 9
residents of the town who shall be appointed by the moderator, shall serve
without pay and shall hold no other town office or employment; provided,
further, that each member shall serve for a 3 -year term beginning on July 1
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and terminating on June 30 of the third year following appointment. Vacancies
on the committee shall be filled by the moderator for the remainder of the
unexpired term. A member of the finance committee shall not hold any other
position in town government, whether appointed or elected or paid or unpaid,
that is created by the select board or town meeting; provided, however, that
serving in an ex officio capacity shall not be considered a separate position
for purposes of this paragraph.
(B) The finance committee shall consider all the articles in any town
meeting warrant and report to the town meeting its recommendations by posting
the same on the town website and in any other manner it deems appropriate.
Following the drawing up of the warrant for a town meeting, the select board
shall forthwith forward the warrant to the members of the finance committee.
The finance committee shall annually prepare for the annual town meeting a
comprehensive summary of the current condition of the town's finances.
(C) To carry out the finance committee's duties, the finance committee
may investigate the books and accounts of any town department. The finance
committee and the individual members thereof shall deal with employees who
are under the direction and supervision of the town manager solely through
the town manager. Neither the finance committee nor its individual members
shall give direct orders to any such employee.
Section 3. Alternate Members of Certain Multiple -Member bodies
5-3-1
The select board, following consultation with a committee, commission or
board elected under clause (c), (e), (f), (g) or (h) of subsection 2-11-1 of
section 11 of chapter 2 may appoint not more than 2 alternate members to
serve for terms of 1 or 2 years. The chair of each committee, commission or
board to which alternate members have been appointed may designate an
alternate member to sit on the committee, commission or board in the case of
absence, inability to act or conflict of interest on the part of any member
of the committee, commission or board, or in the event of a vacancy. Any
vacancy arising in the alternate position shall be filled in the same manner
as the original appointment for the remainder of the unexpired term.
5-3-2 Alternate Members of Appointed Boards
The appointing authority may appoint not more than 2 alternate
members to boards, committees or commissions established pursuant to
paragraph (a) of subsection 5-1-1 of section 1 for terms of 1 or 2 years. The
chair of each board to which alternate members have been appointed may
designate an alternate member to sit on the board in the case of absence, to
17
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act or conflict of interest on the part of any member of the board, or in the
event of a vacancy. Any vacancies arising in the alternate position shall be
filled in the same manner as the original appointment for the remainder of
the unexpired term.
Section 4. General Provisions Applicable to Multiple -Member Bodies
5-4-1
Except as otherwise provided in this charter, each multiple -member body
set forth herein or established pursuant to paragraph (a) of subsection 5-1-1
of section 1 shall be organized and charged with, as applicable, the powers
and duties specified in any general or special law or in any by-law, town
meeting vote, vote of the select board or as otherwise provided herein.
5-4-2
Each multiple -member body shall elect a chair, vice chair and clerk, and
shall cause the select board and the town clerk to be notified of its
selection. Such elections shall be taken up at the first meeting after the
election for all elected boards, at the first meeting after annual
appointments are made or at the first meeting of a new board or committee.
All boards and committees created under this chapter or by by-law, shall make
a written annual report of their activities to the select board in accordance
with subsection 3-3-1 of section 3 of chapter 3.
5-4-3 Resignation
The resignation of any elected town officer under subsection 2-11-1 of
section 11 of chapter 2 or any appointed multiple -member body created by this
charter or by by-law under clause (a) of subsection 5-1-1 of section 1 shall
be deemed effective when such resignation is filed with the town clerk or at
such later time as may be specified in the filed resignation.
5-4-4 Excessive Absences; Loss of Appointed Office
For the purpose of this charter, 3 consecutive absences from meetings of
an appointed member of a multiple -member body shall be considered a reason
for removal. Under such circumstances, the chair of the multiple -member body
may notify the appointing authority and the appointing authority may remove
the member pursuant to clause (b) of subsection 5-1-1 of section 1 and notify
the town clerk in writing that the position has been vacated.
Section 5 Cape Cod Regional Technical High School District School
Committee and Other Regional Entities
5-5-1 Members of the Cape Cod Regional Technical High School District
school committee shall be appointed or elected in accordance with the
regional school district agreement as it may be amended from time to time.
18
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5-5-2 Election or appointment to other regional entities shall be in
accordance with an applicable intermunicipal agreement for such purposes.
CHAPTER 6
FINANCIAL PROVISIONS
Section 1 Budget Schedule
6-1-1 Annually, before December 1, the town manager shall establish
and issue a budget schedule that shall set forth the calendar dates for
developing the annual budget for the next fiscal year.
6-1-2 On or before December 15, the town manager shall present a
financial forecast to the select board. Thereafter, the select board shall
set guidelines for the preparation of the annual budget.
6-1-3 On or before February 15, the town manager shall submit to the
select board a proposed line item budget and accompanying message.
Section 2 Proposed Budget
6-2-1 The budget shall provide a complete financial plan of all town
funds and activities, including details on debt and debt service, anticipated
income and proposed expenditures.
6-2-2 The budget message shall begin with a clear general summary of
its content and explain, in both fiscal terms and program objectives, the
proposed expenditures for each department and the projected tax rate.
Section 3 Budget Adoption
6-3-1 The town meeting shall adopt the annual operating budget, with
or without amendments, before the beginning of the fiscal year, except in the
event that the governor has declared a state of emergency to protect the
public health or safety and the town meeting cannot complete its business as
a result thereof.
Section 4 Capital Planning
6-4-1
The town manager shall prepare a 5 -year capital improvement plan
identifying proposed capital outlays or acquisitions in excess of $10,000 or
such other sum as shall be determined by the select board for any 1 project,
whether it be spent in 1 year or over several years. The town manager, in the
town manager's sole discretion, may appoint a committee to assist the town
manager with preparation of the plan.
6-4-2
(a) The capital improvement plan shall include all town activities and
departments. Proposed capital expenditures for regional entities shall be
19
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consistent with the regional or intermunicipal agreement establishing such
entities.
(b) The capital improvement plan shall include a list, by department, of
all proposed capital improvements to be undertaken during the next 5 fiscal
years and shall include cost estimates, methods of financing and time
schedules. This information shall be revised and extended on an annual basis.
6-4-3
(a) The capital improvement plan shall be submitted to the select board
by February 1 of each year.
(b) The select board shall, after providing 7 days' notice in the manner
required by section 20 of chapter 30A of the General Laws and applicable
regulations, hold a public hearing on the capital improvement plan. The
select board shall make the capital improvement plan available for public
inspection.
6-4-4
The select board shall prepare and submit to each annual town meeting a
summary of the capital improvement plan, identifying all proposed capital
expenditures for the next 5 years estimated to cost $100,000 or more, or such
other amount as the select board shall determine from time to time and which
shall include the fiscal year in which it is anticipated to be expended, the
amount and its anticipated source of funding.
Section 5. Annual Audit
6-5-1 At the close of each fiscal year and at such other times as may
be deemed necessary, an independent audit shall be undertaken of all accounts
of the town by a certified public accountant. The audit committee created by
by-law, if any, or in the absence thereof, the select board, shall solicit a
firm or firms for such purposes. The certified public accountant so selected
shall have no personal interest, directly or indirectly, in the financial
affairs of the town or any of its offices. Upon completion of the audit, the
results shall be reviewed by the audit committee, if any, and by the select
board and the finance committee. The results, in summary form, shall be
placed on file in the office of the town clerk and on the town website as a
public record and shall be available in the public library for public
information.
CHAPTER 7
BY-LAWS AND CHARTER - ADOPTION, AMENDMENT AND PERIODIC REVIEW
Section 1. By-laws
20
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7-1-1 By-laws may be proposed by warrant article consistent with the
General Laws and this charter.
7-1-2 - Adoption and amendment of by-laws shall be approved in
accordance with applicable General Laws.
7-1-3 The select board shall ensure that the by-laws are reviewed and
prepared for any necessary revisions at least once every 10 years.
7-1-4 The town clerk shall codify and republish the by-laws from time
to time as may be reasonable and such by-laws shall also be posted on the
town website.
7-1-5 All special acts, by-laws, town meeting resolutions, and rules
and regulations of the town in force at the time this charter takes effect,
not inconsistent with this charter, shall continue in full force and effect.
Section 2 Charter
7-2-1 Amendments to the charter may be approved by any means
available pursuant to the Constitution of the Commonwealth and the General
Laws; provided, however, that if such amendments are to be acted upon by town
meeting in accordance with section 10 of chapter 43B of the General Laws, the
select board and finance committee shall present their recommendations to
town meeting for consideration upon any such proposed amendment.
7-2-2 The select board shall appoint a committee of not less than 5
nor more than 9 members to review the charter at least once every 10 years,
such that review of the charter shall begin 5 years after the by-law review
provided for in section 7-1-3 and shall provide recommendations, if any, to a
subsequent town meeting with respect to such review.
SECTION 2. All town of Brewster by-laws, resolutions, rules and
regulations and votes of the town meeting in force at the time the charter
established pursuant to section 1 takes effect, that are not inconsistent
with this charter shall continue in full force and effect. If any provision
of the charter established in section 1 conflicts with any of the by-laws,
rules and regulations, orders or special acts or acceptances of laws of the
town, the charter provisions shall govern. All town by-laws, rules and
regulations, orders and special acts of the town not superseded by the
charter established in section 1 shall remain in full force and effect.
SECTION 3. All persons appointed or elected to offices, boards,
commissions and agencies in the town of Brewster on the effective date of
this act shall continue to perform the duties thereof until they are
reappointed or re-elected or until successors to their respective positions
21
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are appointed or elected or until their duties have been transferred and
assumed by another town office, board, commission or agency.
SECTION 4. Any person holding an office or a position in the
administrative service of the town of Brewster or any person holding
permanent employment under the town on the effective date of this act shall
retain their office, position or position of employment and shall continue to
perform the duties of their respective office, position or position of
employment until provision has been made for the performance of those duties
by another person or agency; provided, however, that a person in the
permanent service of the town shall not forfeit their pay grade or time in
the service of the town as a result of the adoption of the town charter.
Nothing in this section shall provide a person holding an administrative
office or position or a person serving in the employment of the town on the
effective date of this act with any greater rights or privileges with regard
to that person's continued service or employment with the town than that
person had before the effective date of this act. Nothing in this section
shall impair the rights of any person under an individual employment contract
or collective bargaining agreement.
SECTION 5. All records, property and equipment of a office, board,
commission, committee or agency or part thereof of the town of Brewster, the
powers and duties of which are assigned in whole or in part to another town
office, board, commission or agency by this act shall be transferred
forthwith to the office, board, commission or agency as so assigned.
SECTION 6. All official bonds, recognizances, obligations, contracts and
other instruments entered into or executed by, on behalf of or to the town of
Brewster before the effective date of this act, and all taxes, assessments,
fines, penalties and forfeitures, incurred or imposed or due or owing to the
town of Brewster, shall be enforced and collected and all writs,
prosecutions, actions and causes of action, except as herein otherwise
provided, shall continue without abatement and remain unaffected by the
adoption of the charter in section and no legal act done by or in favor of
the town shall be rendered invalid by reason of the passage of this act.
SECTION 7. To provide for the transition to reduce the terms of all
planning board members of the town of Brewster from 5 -year terms to 4 -year
terms, at the next regular election following at least 64 days after the
effective date of this act, 1 planning board member shall be elected for a 1 -
year term, 1 planning board member shall be elected for a 2 -year term and the
expiring term shall be placed on the ballot for a 4 -year term. The expiring
22
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term shall appear on the ballot with instructions to vote for 1 candidate;
provided, however, that if the incumbent is running for the office, the
incumbent shall have the words "candidate for re-election" next to their
name. The 2 -year term and the 1 -year term shall appear together on the ballot
with instructions to voters to vote for 2 candidates, with the longer term
going to the candidate with the most votes. Following the effective date of
this act, the term of the planning board member most recently elected shall
be reduced from 5 years to 4 years. Thereafter, all planning board members
shall be elected to alternating 4 -year terms, with no more than 2 terms
expiring each year.
SECTION 8. This act shall take effect upon its passage.
ENDORSEMENT FOLLOW ON PAGE 24
23
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Passed to be enacted,
Passed to be enacted,
at
House of Representatives, January 3 , 2023.
, 2023.
Approved,
o'clock andA. 1minutes,
Governor.
Speaker.
In Senate, January ti , 2023.
i2yl '!T. , President.
\r"
ARTICLE NO. 7: To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to be used to fund the cost items of the first fiscal year of the
proposed Collective Bargaining Agreement between the Town of Brewster and International
Association of Firefighters Local 3763, or to take any other action relative thereto.
(Select Board) (Majority Vote Required)
MEMORANDUM OF AGREEMENT
BETWEEN THE
TOWN OF BREWSTER
AND THE
BREWSTER PERMANENT FIREFIGHTERS IAFF LOCAL 3763
NOW COME, the Town of Brewster (hereinafter "Town") and the Brewster
Permanent Firefighters IAFF Local 3763 (hereinafter "Union") who enter into the
following Agreement.
WHEREAS, the parties seek to maintain an harmonious relationship between
the parties;
WHEREAS, the parties seek to enter into a successor agreement to their current
collective bargaining agreement and to cover the period July 1, 2023 through June 30,
2026;
NOW THEREFORE, for good and valuable consideration the parties agree as
follows:
The terms of the Agreement that expires on June 30, 2023 shall remain in effect
unless modified below:
1. 3 Year Term (FY24-26 — July 1, 2023 through June 30, 2026)
2. Start Christmas Eve double time at 1800 instead of midnight.
3. Shift Change
Firefighters shall be given 3o days advance notice of a shift change except
in extenuating circumstances at the discretion of the Chief.
4. Shift Order In
When an employee has approved leave time from his/her regularly
assigned shift, the employee shall be considered unavailable to fill the
open position. Members filling the vacant spot shall move to the next
employee on the established order -in list.
5. IRS mileage reimbursement rates for Fire Academy attendees.
6. Detail Pay
Increased to reflect current highest paid Captain's overtime rate (or the
employee's current overtime rate if greater than top step Captain) and
minimum detail duration increased from 2 to 4 hours.
3436582_2
7. Article 11: Work Week
Strike legacy language in Section 4:
"Effective July 1, 2001 the daytime EMT's who currently work forty-two
(42) hours per week will have their work week reduced to forty (40) hours
without a reduction in wages and will receive overtime after forty (40)
hours."
8. Article 14: Sick Leave
Add: First year employees are exempt from eligibility and sick leave bank
donations don't count against sick leave incentive calculations. Sick leave
incentive to be paid by end of July instead of last week of June.
9. Article 17: Military Leave
Remove reference to outdated state statute.
10. Article 20: Group Insurance
Update Section 1 and Section 3 to reflect past and current practice re:
admin fee for direct debits.
ii. Call Back Bonus
$1K if 4o Fire/EMS callbacks during a 6 month period (July i-Dec 31 &
Jan 1 -June 30)
12. OIC Pay Increase
$3o/Day Shift
$40/Evening Shift
$70/24 Hour Shift
13. Overnight Callback
In the event that the callback occurs between the hours of 10:00 (lopm)
and 6:oo (6am), the employee shall receive a minimum of three (3) hours
pay at time and 1/2, except if the employee is called in less than three (3)
hours before their regular salary time, he/she shall receive time and 1/2
only for the time worked.
14. Eliminate living radius
15. Article 14 Sick Leave
Amend Section E: Increase sick leave cap from 180 to 190 days and
provide 25% if advance retirement notice (Dec 1 of previous FY) is
provided (10% now).
16. Quads
"Any employee desiring to work more than three (3) consecutive shifts to
eliminate the need for a holdover or order -in may do so. The employee
3436582_2
opting to work the additional shift shall not work more than four
consecutive shifts or a "quad" except in cases of local disasters, local, State,
or Federal emergency declarations, Fire/EMS emergency incidents, storm
events, or any other occasion when the Chief or Deputy Chief considers it
mandatory in order to maintain staffing levels necessary to provide
emergency services to the community."
17. Educational Incentive
Add Public Administration, Organizational Leadership, Health Science &
Psychology degrees.
18. Article 18: Other Paid Leave (Shift Swaps)
Amend Section 4 to 6o days (currently 45) and add prohibition against
swapping more than 2 consecutive shifts and members involved must be
of equal EMS certification
19. Bereavement Leave
Change from 5 days to 50 hours and from 4 days to 4o hours
2o.Article 34: General Coverage of Shifts
Add new Section 7 as follows:
"Upon mutual written agreement between the Fire Chief and Local 3763,
an alternate method for general coverage of shifts maybe utilized in place
of Article 34 Sections 1-5. Alternate methods may include but are not
limited to any electronic, computerized, or automated systems. If
implemented, this written agreement may be rescinded by either party,
with 3o days advanced written notification to the other party. Article 34
Sections 1-5 shall be utilized in any instance where a mutual agreement for
an alternate method for general coverage of shifts does not exist.
21. Article 31: Compensation
Reduce total number of steps from 9 to 8 in FY24. Increment between
steps 1-2 and 3-8 will remain at 3.25%. Increment between steps 2 and 3
will increase to 6.2%. For FY24, members will be placed on the new wage
scale based on their current FY23 step and will thereafter advance to the
next step on an annual basis in FY25 and FY26. A 2.5% COLA will be
applied to the new wage scale in each of the three years of the contract.
See Attached Wage & Classification Schedules.
Add new Section 6:
"Any person hired as a full-time employee who has previous experience as
a full-time employee of a fire department and/or has completed the
Massachusetts Firefighting Academy Recruit Training or equivalent
program as stipulated in Article 48 maybe hired at Step 2."
3436582_2
Miscellaneous
Both parties enter into this Memorandum of Agreement with the
understanding they are reserving their respective rights regarding the
ratification and approval that occurred of a prior tentative agreement in
April 2023 and if ratification by the Union, approval by the Select Board,
and/or appropriation by Town Meeting of the terms of this Agreement
does not occur each party may exercise its reserved rights.
The terms of this Memorandum of Agreement are subject to ratification by
the membership of Local 3763.
The terms of this Memorandum of Agreement are subject to approval of
the Select Board.
The negotiating committees of each party agree to recommend acceptance
to their respective principals.
All cost items are subject to appropriation by the Town Meeting. The
parties agree the request for funding shall be placed before the Town
Meeting in the November 2023. The terms of this Memorandum of
Agreement shall become effective with appropriation of the cost items
retroactive to July 1, 2023 except as provided below.
Members of Local 3763 in order to receive any retroactive wage
increases must be employed by the Brewster Fire Department at
the time the cost items are appropriated by Town Meeting.
TOWN OF BREWSTER BREWSTER PERMANENT
FIREFIGHTERS IAFF LOCAL 3763
Peter Lombardi
Town Manager
Town of Brewster
(2,(.12$
Dean Smith, Prsi'dent
IAFF Local 3763
3436582_2
ARTICLE NO. 11: To see if the Town will vote to accept the provisions of Section 3 (e) (1) of
Chapter 44B of the General Laws;
or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
The CPA Low Income Resident Exemption & Low-Moderate Income Senior Exemption, if adopted,
could be in place in time for FY2025.
Local Tax Relief Options:
Community Preservation
Surcharge Exemption
(G.L. c. 44B §3(e)(1))
T O W N O F B R E W S T E R
F I N A N C E T E A M
S E P T E M B E R 1 1 , 2 0 2 3
For your
consideration:
Community
Preservation
Surcharge
Exemption
(G.L. c. 44B §3(e)(1))
Low Income
Residents
&
Low-Moderate
Income Seniors
Low Income Resident CPA Exemption &
Low-Moderate Income Senior CPA Exemption
Exempts the entire 3% CPA
Surcharge for qualifying
primary resident homeowners:
Seniors (Age 60 & Up):
Income limit is 100% of the
Area Wide Median Income
(Low-Moderate Income)
Non-Seniors (below 60):
Income limit is 80% of the
Area Wide Median Income
(Low Income)
Income limits are
adjusted annually
based on median area
income and are further
adjusted based on
household size. See
chart on next slide for
FY2024 limits.
Funding Source: None –
this is a reduction in CPA
surcharge.
Projected FY2024
Median Single Family
Tax Bill: $4,841.23;
Projected Median CPA
Surcharge $145.24.
Annual Income Limits by Household Type and Size
FY2024 US HUD AWMI for Barnstable County is $124,300
Property owned by senior (60 or older)Property owned by non-senior (under 60)
Household
Size 100% AWMI
Household
Multiplier
FY2024 Annual
Income Limit Household
Size 80% AWMI
Household
Multiplier
FY2024 Annual
Income Limit
1 $ 124,300 0.7 $ 87,010 1 $ 99,440 0.7 $ 69,608
2 $ 124,300 0.8 $ 99,440 2 $ 99,440 0.8 $ 79,552
3 $ 124,300 0.9 $ 111,870 3 $ 99,440 0.9 $ 89,496
4 $ 124,300 1 $ 124,300 4 $ 99,440 1 $ 99,440
5 $ 124,300 1.08 $ 134,244 5 $ 99,440 1.08 $ 107,395
6 $ 124,300 1.16 $ 144,188 6 $ 99,440 1.16 $ 115,350
7 $ 124,300 1.24 $ 154,132 7 $ 99,440 1.24 $ 123,306
8 $ 124,300 1.32 $ 164,076 8 $ 99,440 1.32 $ 131,261
Potential CPA Surcharge Reductions
•Although we estimate that up 22.5% percent of residential properties might qualify for the CPA
Exemption, we don’t expect that all potentially qualifying properties will apply for the exemption.
•The application involves a full financial income review of all household members.
•All seniors who currently qualify for the existing senior real estate tax exemption under Clause
41C will automatically qualify for the CPA exemption. We average around 40 applicants per year
(less than 1% of residential properties).
•Provincetown and Chatham have both adopted the CPA Exemption, they both report that there
are very few applicants who are not already receiving the senior real estate exemption.
•The CPA exemption is a tool that provides a little extra relief for those that need it.
Summary
•The CPA Low Income Resident Exemption & Low-Moderate Income Senior Exemption, if adopted,
could be in place in time for FY2025.
•The CPA Exemption was presented to the Community Preservation Committee on July 12, 2023
and received a unanimous vote of support. The CPA Exemption also received a unanimous vote
of support from the Board of Assessors in August 2023.
•This would be an exemption of the 3% CPA surcharge to Low Income households and Low-
Moderate Income Senior households.
•There is no funding required to offset the exemption.
•The financial impact is a reduction in CPA surcharge revenue.
•This is true relief and based on residency and income. Applies to all ages.