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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 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. 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. The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. 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 Downloaded from https://ecode360.com/BR1068 on 2023-09-16 :1 H 4738 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 H 4738 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 2 H 4738 (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. 3 H 4738 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 4 H 4738 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 5 H 4738 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) 6 H 4738 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 7 H 4738 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. 8 H 4738 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 9 H 4738 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 10 H 4738 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; 11 H 4738 (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; 12 H 4738 (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 13 H 4738 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 14 H 4738 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. 15 H 4738 (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 16 H 4738 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 H 4738 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 H 4738 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 H 4738 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 H 4738 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 H 4738 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 H 4738 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 H 4738 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.