HomeMy Public PortalAbout2014-05-05-Annual Town Mtg Warrant T
ANNUAL TOWN MEETING
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MAY5, 2014
Barnstable, ss
I To: Roland W. Bassett, Jr.
Constable for the Town of Brewster
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Greetings:
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t nm oe Cme M , arb
directed In to he notify a e and f warn th the om inhabitants onwalth of the Town assachusetts of Brewsteryou ,re qualified
to vote in Town affairs, to meet at the Stony Brook Elementary School
Cafetorium, on Monday, the 5th day of May, 2014 next, at 7:00 p.m. o'clock
in the evening, then and there to act upon the following articles.
CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET
ARTICLE NO. 1: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray Cape Cod
Vocational Technical High School charges and expenses for the Fiscal Year
ending June 30, 2015, as follows:
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2013 FY2014 FY2015
CAPE COD TECH $667,110.00 $702,591.00 $734,873.00
ASSESSMENT
TOTAL $667,110.00 $702,591.00 $734,873.00
ASSESSMENT:
Lor to take any other action relative thereto.
(Majority Vote Required) (Cape Cod Technical School Committee)
ELEMENTARY SCHOOLS OPERATING BUDGET
ARTICLE NO. 2: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray the Elementary
Schools' charges and expenses, for the Fiscal Year ending June 30, 2015, as
follows:
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DEPARTMENT EXPENDED APPROPRIATED REQUESTED
FY2013 FY2014 FY2015
ELEMENTARY $6,435,934.00 $6,741,723.00 $6,894,267.00
SCHOOL BUDGET
TOTAL $6,435,934.00 $6,741,723.00 $6,894,267.00
ASSESSMENT:
or to take any other action relative thereto.
(Majority Vote Required) (Elementary School Committee)
4.,.,
TOWN OPERATING BUDGET
ARTICLE NO. 3: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray town charges
and expenses, and furthermore, to fix the salary and compensation of all
elected officials of the town as provided in Section No. 108 of Chapter 41 of the
General Laws, as amended, for the Fiscal Year ending June 30, 2015, as
£ follows:
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EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY 2013 FY 2014 FY 2015
1 MODERATOR WAGES $300.00 $300.00 $300.00
2 SELECTMEN'S WAGES $5,250.00 $8,000.00 $8,000.00
STAFF WAGES $53,738.32 $59,536.00 $56,686.00
EDUCATIONAL REIMB $1,550.00 $1,000.00 $1,000.00
EXPENSES $29,164.41 $30,875.00 $28,243.00
ADMINISTRATOR $281,812.55 $286,196.00 $300,954.00
WAGES
EXPENSES $9,903.18 $10,600.00 $10,254.00
LEGAL EXPENSES $133,558.47 $141,350.00 $160,000.00
TOWN REPORT $3,659.92 $4,000.00 $3,800.00
EXPENSES
3 FINCOM EXPENSES $2,763.40 $3,500.00 $5,000.00
RESERVE FUND $84,907.00 $98,800.00 $101,270.00
4 ACCOUNTANT WAGES $154,921.70 $160,828.00 $166,517.00
AUDIT OF ACCOUNTS $25,500.00 $29,500.00 $25,500.00
EXPENSES $2,160.82 $2,425.00 $1,805.00
ASSESSOR WAGES $112,911.60 $117,156.00 $122,596.00
EXPENSES $2,192.56 $3,125.00 $2,400.00°_
TREAS/COLL WAGES $186,007.58 $207,365.00 $216,386.00
EXPENSES $24,500.89 $26,935.00 $26,185.00
INFORMATION - $80,095.51 $83,363.00 $86,844.00
TECHNOLOGY
WAGES
EXPENSES $57,468.64 $66,640.00 $74,729.00
DEBT SERVICE $2,835,266.25 $2,729,617.00 $2,743,399.00
FRINGE BENEFITS $2,864,982.48 $2,999,557.00 $3,097,159.00
RETIREMENT/PENSION $1,561,816.75 $1,697,705.00 $1,915,456.00
5 TOWN CLERK STAFF $126,201.64 $120,452.00 $136,083.00
WAGES
EXPENSES $22,216.33 $18,930.00 $26,150.00
6 TOWN HALL MAINT V $82,849.94 $92,064.00 $95,890.00
WAGES
EXPENSES $14,179.36 $16,300.00 $16,300.00
COA BLDG EXPENSES $5,251.38 $7,200.00 $6,800.00
DRUMMER BOY $495.30 $500.00 $500.00
EXPENSES
7 CONSTABLE $250.00 $250.00 $250.00
POLICE WAGES $2,047,841.57 $2,140,123.00 $2,197,388.00
EXPENSES $135,659.53 $136,950.00 $142,140.00
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8 FIRE/RESCUE WAGES $1,512,449.13 $1,635,136.00 $1,667,333.00
EXPENSES $105,596.96 $107,800.00 $107,800.00
RESCUE EXPENSES $98,426.09 $100,500.00 $101,700.00
STATION EXPENSES $40,449.07 $41,000.00 $43,990.00
9 PLANNING WAGES $145,066.52 $151,482.00 $157,452.00
PLANNING/APPEALS $2,501.44 $3,670.00 $2,990.00
EXPENSES
10 BLDG $312,905.14 $343,435.00 $346,089.00
INSPECTOR/HDC
WAGES
BUILDING/HDC $4,842.87 $6,440.00 $5,840.00
EXPENSES
11 NATURAL RESOURCES $222,569.58 $230,431.00 $239,859.00
AND CONSERVATION
WAGES
EXPENSES $31,672.30 $32,950.00 $31,950.00
PROPAGATION $10,000.00 $14,500.00 $14,500.00
12 BOARD OF HEALTH $175,164.31 $181,668.00 $189,886.00
WAGES
VISITING NURSE $18,357.00 $18,357.00 $18,357.00
ASSOC.
EXPENSES $3,089.73 $3,450.00 $3,850.00
13 DPW WAGES $921,384.57 $967,913.00 $962,997.00
ROAD MACHINERY $60,881.58 $60,900.00 $60,900.00
SNOW & ICE CONTROL $244,466.95 $127,000.00 $129,000.00
EXPENSES $232,961.68 $260,033.00 $264,999.00
SOLID WASTE $147,736.36 $180,045.00 $230,439.00
DISPOSAL
STREETLIGHTING $8,042.22 $8,900.00 $4,000.00
14 WATER STAFF WAGES $677,603.90 $701,367.00 $689,947.00
OPERATING EXPENSES $346,267.24 $409,700.00 $392,700.00
EQUIPMENT $0.00 $0.00 $0.00
EXPENSES
15 GOLF DEPT WAGES $1,186,992.92 $1,225,532.00 $1,236,796.00
EXPENSES $904,867.25 $925,095.00 $891,879.00
16 RECREATION WAGES $98,023.57 $102,164.00 $109,607.00
EXPENSES $17,450.00 $17,750.00 $12,625.00
17 COUNCIL ON AGING $181,704.72 $187,995.00 $192,202.00
WAGES
EXPENSES $19,069.05 $23,624.00 $23,624.00
18 LADIES LIBRARY $392,319.48 $397,519.00 $414,709.00
EXPENSES $135,887.69 $128,659.00 $129,225.00
L 19 ALEWIVE COMM. $830.45 $2,500.00 $2,500.00
WAGES
EXPENSES $861.28 $900.00 $900.00
OLD MILL SITE COMM. $3,926.15 $4,000.00 $4,000.00
20 UTILITIES $514,760.55 $525,935.00 $511,535.00
LIABILITY INSURANCE $322,059.20 $359,941.00 $389,325.00
21 ASSESSMENTS $44,714.99 - $45,150.00 $46,230.00
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MEMORIAL/VETERANS $1,500.00 $1,500.00 $1,500.00
DAY EXP.
VETERANS SERVICES $35,188.11 $30,000.00 $48,000.00
GRAND TOTAL $20,131,967.13 $20,866,083.00 $21,457,219.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLE NO 4: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray the Nauset
Regional School's charges and expenses for the Fiscal Year ending June 30,
2015, as follows:
DEPARTMENT EXPENDED APPROPRIATED REQUESTED
FY2013 FY2014 FY2015
NAUSET $8,774,190.00 $9,216,038.00 $9,337,699.00
ASSESSMENT
TOTAL $8,774,190.00 $9,216,038.00 $9,337,699.00
ASSESSMENT:
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE NO S: To see if the Town will vote to accept the provisions of
Massachusetts General Laws, Chapter 71, Section 16B, which would allocate
the sum of the member towns' contributions to the Nauset Regional School
District in Fiscal Year 2016 in accordance with the Regional Agreement rather
than the Education Reform Formula, so-called, or to take any other action
relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
COMMUNITY PRESERVATION ACT FUNDING/Allocations
ARTICLE NO 6: To see if the Town will vote to act upon the
recommendations of the Community Preservation Committee; to appropriate
from Fiscal Year 2015 revenues and/or from previously reserved funds or to set
aside for future use the amounts shown below; to authorize the Town
Administrator to enter into contracts for the award of grants to the following
agencies; to authorize the Community Preservation Committee, pursuant to the
provisions of Massachusetts General Laws, Chapter 184, Sections 31 through
33, to require Historic Preservation and Affordable Housing Restrictions in the
awarding of the following grants; and to authorize the Town of Brewster, acting
by and through its Board of Selectmen, to hold and enforce such Historic
Preservation and Affordable Housing Restrictions, all as follows:
ITEM: CATEGORY:
1. Historic Preservation:
a. Brewster Baptist Church Steeple $200,000.00
Restoration Project ($81,000.00 from
Estimated Revenues and $103,000.00
from Fund Balance Reserved for Historic
Preservation, and $16,000.00 from the
Budget Reserve)
b. Related Purpose Expenditures/Professional $10,000.00
Services
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Reserve Funds
c. To hold in reserve for the purpose of Historic
Preservation the sum of$708.00 from the Fund's Fiscal Year 2015
revenues for future expenditure;
2. Community Housing:
a. Related Purpose $30,000.00
Expenditures/Professional Services
b. Reserve Funds.
To hold in reserve for the purpose of Community Housing the sum of
$61,708.00 from the Fund's Fiscal Year 2015 revenues for future
expenditure;
3. Open Space:
a. Related Purpose $50,000.00
Expenditures/Professional Services
b. Reserve Funds
To hold in reserve for the purpose of acquiring Open Space the sum of
$70,392.00 from the Fund's Fiscal Year 2015 revenues for future
expenditure;
4. Reserve Funds:
a. Recreation Department Fields
Repairs/Renovation Project $62,000.00
b. Department of Natural Resources
Breakwater Beach Restoration Project $59,675.00
c. Related Purpose
Expenditures/Professional Services $10,000.00
d. Reserve Funds
To hold, pursuant to the provisions of Section 17-4 of the Brewster
Community Preservation Committee Bylaw, in reserve for the purpose of
Historic Preservation, Community Housing and Recreation the sum of
L $120,123.00 from the Fund's Fiscal Year 2015 revenues for future
expenditure;
5. Administration and Operating Expenses:
a. Administration and Operating Expenses.
To appropriate the sum of $15,000.00 from the Fund's Fiscal Year 2015
revenues for expenditure by the Community Preservation Committee and
the Town Administrator for the general administration and operating
expenses related to carrying out the operations of the Community
Preservation Committee;
Grand Total $689,606.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
HUMAN SERVICES FUNDING
ARTICLE NO. 7: To see if the Town will vote to transfer from available
funds the sum of EIGHTY SIX THOUSAND ONE HUNDRED EIGHTY SEVEN
AND 00/100 DOLLARS ($86,187.00) for the following organizations and in
the following respective amounts:
1 Cape Cod Child Development Program, Inc. $5,020.00
2 Consumers Assistance Council, Inc. $500.00
3 Gosnold $10,000.00
4 Independence House, Inc. $5,000.00
5 Homeless Prevention Council $11,542.00
6 South Coastal Counties Legal Services, Inc. $4,600.00
7 Lower Cape Outreach Council, Inc. $9,500.00
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8 Cape Abilities $6,425.00
9 Sight Loss Services, Inc. of Cape Cod & Islands $1,100.00
10 Elder Services of Cape Cod "Meals on Wheels" $8,500.00
11 Aids Support Group of Cape Cod $2,500.00
12 Cape Cod Children's Place $6,500.00
13 Nauset Together We Can Prevention Council $5,000.00
14 Outer Cape Health Services, Inc. $10,000.00
Grand Total $86,187.00
and to authorize the Board of Selectmen, the Board of Health, and the School
Committee, as appropriate, to enter into contracts with these organizations in
order to provide desired social services for residents of Brewster, or to take any
other action relative thereto.
(Majority Vote Required) (Human Services Committee)
CAPITAL AND SPECIAL PROJECT EXPENDITURES
ARTICLE NO. 8: To see if the Town will vote to raise and appropriate,
transfer from available funds and/or borrow a sum of money for the purpose of
funding the following capital acquisitions and special project expenditures to
be undertaken during Fiscal Year 2015; to the authorize the Town
Administrator to solicit bids and/or proposals, enter into a contract or
contracts, and expend these funds for the purposes set forth below; and to
authorize the Town Administrator to sell, trade, lease, exchange or otherwise
dispose of, in the best interests of the town, old equipment or vehicles deemed
available, the proceeds from any such disposition to be applied toward the cost
of acquiring said equipment or services as the case may be:
1. Board of Selectmen: Request Totals
a. Thrift Shop Building $50,000.00
Repair/Renovation Project `
b. Crosby Mansion Septage System $32,500.00
Loan Payment
c. Town Facilities Maintenance & Repair $7,500.00
Projects
d. Fuel Tank Engineering and Design $5,000.00
Expense
e. Beach & Landing Repairs $5,000.00
Sub-total $100,000.00
2. Fire Department:
a. Dispatch Services Expense $35,000.00
b. Rescue Services Expense $17,000.00
c. Self Contained Breathing Apparatus $25,000.00
Lease Payment
d. Centralized Medical Emergency $5,000.00
Dispatch Expense
e. Ambulance Lease Payment Expense $25,000.00
f. Hose Replacement Expense $15,000.00
g. Personal Protective Equipment $20,000.00 4
Expense
h. Mobile Computer Software License $15,600.00
Sub-total $157,600.00
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3. Department of Public Works:
a. Road & Drainage Repair Account $150,000.00
b. Dump Truck Replacement — $60,000.00
c. Truck Mounted Asphalt Hot Box
Equipment $28,000.00
d. Sign Cutting Equipment
$4,500.00
e. Organic Turf Management Plan
$15,000.00 —
f. Irrigation Equipment Replacement
S2,500.00
Sub-total $260,000.00
4. Police Department:
a. Technology Project
$14,000.00
b. Community Room Furnishings
$5,000.00
c. Patrol Vehicle Replacement (2 units)
S70,000.00
Sub-total $89,000.00
S. Nauset Regional School District:
a. Construction Account $217,726.00
Sub-total $217,726.00
6. Water Department:
a. Construction Account $230,000.00
L b. Vehicle Replacement Expense $43,000.00
c. Engineering Expense for Well No. 3 $40,000.00
d. Hole Hog Equipment $13,000.00
Sub-total $326,000.00
7. Elementa School De .artment:
a. Technology Projects $30,000.00
b. Stony Brook School Telephone $40,000.00
System
c. Carpet & Flooring Replacement $15,000.00
Sub-total $85,000.00
8. Captains Golf Course:
a. Mower Equipment Lease $46,410.00
Sub-total $46,410.00
9. Ladies Library
a. Parking Lot Improvement Project S5,000.00
Sub-total $5,000.00
Grand Total $1,286,736.00
or to take any other action relative thereto.
(Majority Vote Required or Two-thirds (Board of Selectmen)
Vote Required if borrowing is
requested)
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LOCAL BUSINESS ORGANIZATION FUNDING
ARTICLE NO. 9: To see if the Town will vote to transfer from Free Cash
the sum of TWENTY-SIX THOUSAND AND 00/100 DOLLARS ($26,000.00), to
be expended under the direction of the Board of Selectmen to help defray costs
associated with marketing, advertising and promoting Brewster as a visitor
destination including but not limited to annual publication and distribution of
the Best of Brewster Magazine, Brewster Map & Guide, and Website which
advertise the Town's attractions, amenities, and services; to provide funds for
the operation of the Brewster Visitor Information Center; and, under a contract
with and at the direction of the Board of Selectmen, to enable the Brewster
Chamber of Commerce, Inc. to further advertise Brewster in order to increase
room's and meal's tax and beach pass revenue for the town, promote the
Town's golf course, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
BREWSTER TOWN BAND/Funding Request
ARTICLE NO 10: To see if the Town will vote to authorize the Board of
Selectmen to enter into a contract with the Brewster Town Band in order to =`
obtain instrumental performances for the town and to transfer from Free Cash
the sum of THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
($3,500.00), and to authorize the Town Administrator to solicit bids and/or
proposals, enter into a contract or contracts, accept donations and grant
proceeds and expend said funds for this purpose, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
BAYSIDE SKIPPERS/Funding Request
ARTICLE NO 11: To see if the Town will vote to transfer from Free Cash
the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
to pay for public performances of team skipping, and to authorize
($4,500.00) pY p P
the Town Administrator to solicit bids and/or proposals, enter into a contract
or contracts, accept gifts and expend said funds for this purpose or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SPECIAL REVENUE FUND/ Crosby Mansion Revolving Fund
ARTICLE NO 12: To see if the Town will vote to re-authorize the Crosby
Mansion Revolving Fund under section 53E1/2 of Chapter 44 of the General
Laws for the 2015 fiscal year, to credit the fund with the fees and charges
received from the Crosby Mansion and cottages during that year; to authorize
the Town Administrator, upon recommendation of the Crosby Property
Committee, to administer the fund and to expend from it the sums needed to
pay for the salaries, expenses, and contracted services required to operate the
mansion and cottages, and to limit during that fiscal year the total
expenditures from the fund to the lesser of $200,000.00 or the balance in the
fund, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen) 1'
SPECIAL REVENUE FUND/ Cable Franchise Fee Account ,
ARTICLE NO 13: To see if the Town will vote to transfer the sum of ONE
HUNDRED FORTY SIX THOUSAND SEVENTY NINE AND 00/100 DOLLARS
($146,079.00) from the Cable Franchise Fee account for the 2015 fiscal year
for local cable television related purposes, including, but not limited to the
general public purpose of supporting and promoting public access to the
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Brewster cable television system; training in the use of local access equipment
and facilities; access to community, municipal and educational meeting
coverage; use and development of an institutional network and/or municipal
information facilities; contracting with local cable programming services
providers and/or any other appropriate cable related purposes, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SPECIAL REVENUE FUND/Recreation Revolving Fund
ARTICLE NO. 14: To see if the Town will vote to re-authorize the
Recreation Department Revolving fund under section 53E 1/2 of Chapter 44 of
the General Laws for the 2015 fiscal year, to credit the fund with the fees and
charges received from the Recreation Department during that year, to authorize
the Recreation Committee to administer the fund and to expend from it the
sums needed to pay for the salaries, benefits, expenses, and contracted
services required to operate the recreation program, and to limit during that
fiscal year the total expenditures from the fund to the lesser of $200,000.00 or
the balance in the fund, or to take any other action relative thereto.
(Majority Vote Required) (Recreation Commission)
PROPERTY VALUATION SERVICES
ARTICLE NO. 15: To see if the Town will vote to transfer from the
Overlay Surplus account the sum of SIXTY-NINE THOUSAND FIVE HUNDRED
AND 00/100 DOLLARS ($69,500.00) for the purposes of performing the
interim year update services of real and personal property and to authorize the
Town Administrator to solicit bids and/or proposals, enter into a contract or
contracts and expend said funds for this purpose, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Assessors)
TEMPORARY BORROWING AUTHORIZATION/ Grants
ARTICLE NO. 16: To see if the Town will vote to authorize the Town
Treasurer, with the approval of the Board of Selectmen, to borrow a sum of
money for a period of not more than two years in accordance with the
provisions of Massachusetts General Laws Chapter 44, Section 17 and/or any
other enabling authority, and to issue temporary bonds and/or notes of the
Town therefor, in anticipation of grant proceeds, or to take any other action
relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
ACCEPTANCE OF GRANT PROCEEDS
PARTICLE NO. 17: To see if the Town will vote to authorize the Board of
Selectmen to apply for and accept any and all grants from private entities, the
Federal Government or the Commonwealth of Massachusetts and to expend
those funds for the purposes for which said grants are authorized, or to take
any other action relative thereon.
(Majority Vote Required) (Board of Selectmen)
REPAIR AND RESURFACE TOWN ROADS / Chapter 90 Funds
ARTICLE NO. 18: To see if the Town will vote to transfer from available
funds the sum of THREE HUNDRED NINETEEN THOUSAND FIVE HUNDRED
SIXY SIX AND 00/100 DOLLARS ($319,566.00), as provided under Chapter
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90 of the Massachusetts General Laws, for local roads and highways, and to
authorize the expenditure of these funds under the direction of the Board of
Selectmen, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
PRIVATE ROAD BETTERMENT PROJECT/Ebenezer Lane
ARTICLE NO 19: To see if the Town will vote to authorize the Board of
Selectmen to undertake a series of temporary road repairs to the private way
known as Ebenezer Lane and furthermore, to authorize the Board of Selectmen
to proceed with the reconstruction of this way after it has determined that the
provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-
20 have been satisfied; to raise and appropriate, transfer from available funds,
and/or to obtain by borrowing the sum of ONE HUNDRED FIFTY FOUR
THOUSAND FIVE HUNDRED SIXTY EIGHT AND 00/100 DOLLARS
($154,568.00) to pay for the costs of engineering, construction,
reconstruction, and related expenses in connection therewith; to authorize the
Town Treasurer, with the approval of the Board of Selectmen, to borrow the
sum of ONE HUNDRED FIFTY THOUSAND TWO HUNDRED TWENTY FIVE
AND 00/100 DOLLARS ($150,225.00), under and pursuant to Massachusetts
General Laws Chapter 44, Section 7(6) or any other enabling authority, and to
issue notes and bonds of the Town therefor; and, initially, to transfer from the
Fund Balance Reserved for Road Betterments the sum of FOUR THOUSAND
THREE HUNDRED FORTY THREE AND 00/100 DOLLARS ($4,343.00) to be
recovered with all road repair costs through the betterment assessments
against the abutters, to pay the first year's principal and interest expenses for
this project, or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
LADIES LIBRARY/State Planning & Design Grant
ARTICLE NO 20: To see if the Town will vote to authorize the Board of
Trustees of the Brewster Ladies Library to proceed with a feasibility study to
examine the options for expanding and renovating its current library building,
or building a new facility, to authorize the Trustees to apply for, accept, and
expend any state grants which may be available for a library building planning
and design project, to grant the Trustees the authority to apply for, accept, and
expend any state grants which may be available for a feasibility study for the
current and future needs of the Brewster Ladies Library and to further vote to
raise and appropriate and/or transfer from available funds the sum of
TWENTY FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) as the
Public Library, Feasibility Study Grant Match for the purpose of making funds
available to the Trustees to be able to apply for matching state grant funds for
a Library Feasibility Study, or take any other action relative thereto."
(Majority Vote Required) (Board of Selectmen 86 Trustees for the
Ladies Library) xe
ZONING BYLAW AMENDMENT/ Sign Regulations
ARTICLE NO 21: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article VI, Signs, by deleting the entire
existing text and replacing it with the following text:
ARTICLE VI
Signs
§ 179-18. Purpose and Scope. '
A. The purpose of this article is to regulate signs in order to facilitate
communication, promote the safety of motorists and pedestrians by
preventing distractions and obstructions of public ways and walks, prevent
visual clutter, and encourage economic development by allowing siting of
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signage that identifies businesses and other land uses in ways that
complement and enhance our community's character.
B. This Article establishes the comprehensive regulations and conditions under
which signs are permitted within the Town of Brewster in accordance with
the powers set forth in MGL C. 40A and MGL C. 93, §29. This sign
regulation provides a permitting system to govern the placement of
advertising and other informational signs both outdoors and in windows
within the Town of Brewster.
§ 179-19. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED SIGN — A sign for a business or other use that has not been in
active use for two or more years.
A-FRAME SIGN — A self-supporting, two-sided, sign.
ANIMATED SIGN — A sign that uses actual movement or the illusion of
movement.
AWNING SIGN — A sign attached to or printed upon an awning.
BUILDING OFFICIAL - The Brewster Building Commissioner or Local
Inspector.
BUSINESS OPERATION SIGNS -- Any on-premises sign indicating whether
the business is open or closed and/or the days and hours of operation.
BUSINESS DIRECTIONAL OR TRAFFIC SAFETY SIGN — A sign marking
entrances, exits, parking areas or other operational features of the premises
and providing directions for the safe and/or efficient flow of traffic.
BUSINESS "OPEN" FLAG — A flag that alerts the public that a location is open
for business.
CAUTIONARY SIGNS -- Signs warning of prohibited activities such as
trespassing, hunting, fishing, or swimming.
CHANGEABLE-COPY SIGN — A sign that is designed so that graphics and/or
characters can be changed or rearranged without changing the dimensions of
the sign.
CLUSTER SIGN -- A sign that provides space for identifying multiple tenants
or uses within a single development.
CONSTRUCTION SIGN — A temporary sign identifying a commercial vendor
participating in the construction, alteration or maintenance on the property on
which the sign is located.
DIRECT/EXTERNAL LIGHTING — Illumination by means of a light source
that is external to the sign being lit.
FLASHING SIGN — A sign that is illuminated by intermittent or sequential
light emission.
GROUND/FREESTANDING SIGN -- A sign extending from the ground but not
attached to any part of a building.
NOME OCCUPATION SIGNS -- Signs identifying any home occupation as
defined by the Brewster Zoning Bylaw.
HOME PRODUCTS SIGNS - A sign offering items grown or produced on a
residential property for sale to the public, such as fresh flowers and eggs
INFORMATIONAL SIGN — An on-premises sign specific to a public or private
nonprofit purpose, such as handicapped accessible, public rest rooms, public
phone or tourist and visitor information.
INTERNAL LIGHTING — Illumination by means of a concealed light source.
INTERPRETIVE DISPLAYS — Boards or exhibits proposed by a Town
governmental body or a nonprofit educational organization to convey
11
regulations or explain the significance and public purpose of a program or
policy, such as resource protection, at a public or private nonprofit site.
INTERSECTION ISLAND SIGN - A sign naming an individual, for-profit
organization or not-for-profit organization that volunteers to maintain and/or
landscape an intersection island.
KIOSK - A freestanding structure with one or more sides upon which
information is placed for review and/or distribution.
LADDER SIGN - A freestanding sign with two vertical supports and two or
more crosspieces serving as individual signs.
MUNICIPAL PROPERTY -- Any land owned and/or controlled by the Town of
Brewster.
MUNICIPAL SIGNS- Signs, including those alerting the public to projects
funded by the Community Preservation Act, posted by a Town entity required
or authorized for a public purpose by law or statute.
NON-CONFORMING SIGN — A sign that was erected legally but that does not
comply with subsequently enacted regulations.
OFF-PREMISES SIGN -- Signs placed on property separate from where a
business is located.
ON-PREMISES SIGN -- Signs placed on the same property where a business is
located.
POLITICAL SIGN — A sign urging voter support or opposition for a particular
election issue, political party, or candidate for public office.
PROJECTING SIGN — A sign that extends from a wall or roof of a building.
PROTECTED CONSERVATION LAND SIGNS - A sign noting that a particular
property is owned by a conservation or wildlife protection organization
QUARTERBOARD — A carved and/or painted wooden wall sign fashioned
after those traditionally used on sailing vessels.
REAL ESTATE SIGN — A sign advertising the sale, rental, or lease of a
designated structure or land area for a permitted use on which the signs are
located.
SANDWICH SIGN — See "A-Frame Sign"
SIGN — An assembly of materials which includes every instance of advertising,
text or graphic, erected or maintained in open view primarily for identification
or promotion of any commercial enterprise or not-for-profit. This shall include
the sign structure, supports, lighting system, and any attachments, flags,
ornaments, or other features used to draw the attention of observers and shall
further include collection boxes. It shall not include indoor or outdoor displays
of merchandise for sale on the premises.
SIGN HEIGHT — The distance measured from the highest point of a sign to
the grade beneath the sign.
SUBDIVISION SIGN — A sign placed at the street entrance to a subdivision.
SUBDIVISION LOT PLAN SIGN — A sign depicting the lot plan of a
subdivision for the purpose of advertising said lots for sale.
SUBSIDIARY SIGN — A small sign attached to another sign.
TEMPORARY SIGN — A sign intended for use for 60 or fewer days.
TOWN AND COMMUNITY EVENT SIGNS. Signs for events that have been
declared by the Board of Selectmen, their designee or by vote of Town Meeting.
43.
UMBRELLA SIGNS -- Signage on an umbrella that advertises a particular
product for sale on the premises.
VISITOR INFORMATION SIGN - Signs alerting the public to not-for-profit
organizations providing this service.
12
WALL SIGN — A single-faced sign attached parallel to or painted on a vertical
exterior wall not projecting more than 12 inches beyond the wall surface to
which the sign is attached and not extending beyond the edges of the wall to
which the sign is attached.
WINDOW SIGN — Any sign placed inside a window within 24 inches of the
window glass facing the outside with characters that exceed two and one-half
(2 1/2) inches in height and which is intended to be read from a public way.
ZIPPER SIGN - An animated sign with a message in lights that travels across
the surface of the sign.
179-20. General requirements.
A. Before a sign is erected, altered or moved, it shall conform to all applicable
requirements contained in this bylaw, including any Old King's Highway
Historic District requirements when applicable, and shall be approved by a
Building Official through the issuance of a permit, unless the sign is
expressly exempted herein.
B. A pre-application conference with the Building Department is encouraged in
order for the applicant to become acquainted with requirements.
C. All signs shall be placed so as to not obscure other signs to the greatest
extent possible.
D. No signs shall be located in a road right-of-way nor shall they be located so
as to block all or part of a sidewalk, stairway, driveway or parking lot,
interfere with snow removal, or impair sight distances for motorists,
bicyclists or pedestrians.
E. If signs are illuminated, it shall be done by a direct, shielded, external
light source or by a light source internal to the sign. Light bulbs or
tubes (including neon) shall not be visible to the motoring public from
a public way.
F. Non-municipal developments having more than one tenant or use shall
provide a master sign plan for the entire structure or development prior to
the issuance of a sign permit by a Building Official.
0 179-20.1 Sign area regulations.
A. Unless otherwise specified, all signs shall meet the area measurement
requirements of this section.
B. The surface area of a sign shall be computed as including the entire area
within a regular geometric form or combinations of regular geometric forms
comprising all of the display area of the sign. Structural members not
bearing advertising matter shall not be included in the computation of
surface area.
C. For the following uses, accessed directly from a street, right-of-way or
parking area, the maximum permitted area of a ground/freestanding sign
not otherwise exempted by Section 179-20.3 herein shall be as follows:
Use Size (in square Use Size (in square
feet) (E = feet) (E =
Exempt) Exempt)
Construction Trailer E Cemetery 12
Church or other religious 16 Crematory 16
use
Educational use, non- 16 Essential E
profit services
Historical association or 12 Museum 16
society _
Non-profit recreational 12 Power plant, 16
facility water filtration
plant, sewage
treatment plant
Solar array on Town- 8 Town building, E
13
owned land police station
and fire station,
except
equipment
garage
Agriculture, aquaculture, 16 Commercial 16
silviculture, horticulture, stable, kennel
floriculture or viticulture, or veterinary
as those terms are hospital in
defined in Massachusetts which all
General Laws, Chapter animals are
40A,§3 completely
enclosed in
pens or other
structures,
unless
exempted
pursuant to
MGL c.40A, §3.
Temporary (not to Year-round
exceed erection or use greenhouse or
for a period of 3 months 12 farm stand for 12
in any one year) wholesale
greenhouse or stand for and/or retail
retail sale of agricultural sale of
or farm products, unless agricultural or
exempted pursuant to farm produce,
MGL c.40A, §3 unless
exempted
pursuant to
MGL c.40A, §3
Amusement arcade 16 Amusements, 16
outdoor
commercial
Antique shop, Art gallery 12 Assisted Living 12
Facility
Automated and drive- 4 Automotive 16
through financial repair,
establishments/structures automobile
service station
and garage,
not including a
junkyard or
open storage of
abandoned
automobiles or
other vehicles
Bed and Breakfast 12
Boat building or marine 16 Business 16
construction work and offices and
fabrication of marine and services
fishing supplies _
Children's recreation 12 Commercial 4
camp parking lot or
structure
Country, hunting, fishing, 12 Educational 12
gun, tennis or golf club Use, for profit
Establishment selling 16 Funeral home 16
new automobiles and/or or mortuary
used automobiles and establishment
trucks, new automobile
tires and other
14
}
accessories, boats,
motorcycles and
household trailers.
Gift Shop 16 Home 4
Occupation
Hotel and motel 16 Lodging house 12
Medical/dental clinic 16 Medical/dental 16
office
Membership organization 12 Movie theater, 16
drive-in
Nursing or convalescent 12 Personal 16
home service
establishment
Planned business See §179-20.1 Recreation 16
development D facilities and
services,
private
Repair services 16 Repair 16
services,
excluding
outside storage
of items for
repair
Restaurant, full-service 16 Restaurant, 16
and lounge limited service _
Retail store 16 Row See §179-20.1 D
commercial
Septic tank pumping 16 Theater, indoor 16
service
Building and construction 16 Construction 16
j trades shop or garage materials sales
and service
Excavations and/or 16 Freight 16
removal of sand, gravel. transportation
Quarry or other new service
material
Manufacturing 16 Other 16
transportation
services,
except airports,
heliports and
all air support
facilities
Processing and treating 16 Wholesale 16
of mixed and quarried trade
raw materials, including
operations appurtenant
to the taking, grading,
drying, sorting, crushing,
grinding and milling
operations
Permitted uses not 8
otherwise identified
D. Except for uses not otherwise indicated, another sign not to exceed 6 square
feet is permitted, but cannot be combined with the ground/freestanding
sign.
E. Non-municipal developments having more than one tenant or use within a
project or premises may construct, with an approved master sign plan, one
Cluster Sign containing the name of the development and/or listings of
individual businesses, products or services within the development. Such
15
sign may be 16 square feet or up to 3 square feet per business, whichever is
larger. In addition:
1. Each tenant may have signage at the location of its business of up to 16
square feet
2. Sign area cannot be transferred from one tenant to another.
F. No one sign shall exceed 16 square feet.
G. No ground sign may exceed 10 feet in height unless otherwise specified
H. Where there are two faces back to back, the total area of the largest single
face shall determine the area of the sign.
I. All signs not otherwise exempt by Section 179-20.3 are included within the
total signage calculation, and include any sign on a property at any time,
including signs taken in or turned off on a daily basis, such as A-frame
signs, and window signs.
J. Exceptions to this by-law may be allowed by special permit from the
Planning Board.
§ 179-20.2 Construction and maintenance.
A. If a Building Official believes that a sign and/or structure regulated by this
article is not being kept in good repair, written notice shall be sent, by
certified mail, return receipt requested, to the person or persons to whom
the permit was issued, and the property owner. If the specified defects in
the sign and/or structure have not been corrected or the sign removed
within 30 days, the Building Official shall revoke the permit and shall notify
the person(s) to whom the permit was issued that the sign is now in
violation of this Article and must be removed.
B. Old signs and related hardware/structural supports shall be removed before
any new sign is erected but any related hardware/structural supports may
be incorporated into the overall design or structural support of the new sign
and approved pursuant to this article.
C. The Building Official shall have the authority to order the repair, alteration .
or removal of any sign or structure that constitutes a hazard to public
health and safety or which is otherwise not in compliance with this by-law.
D. If an immediate public safety concern so requires, the Building Official may
take any necessary action, including removal of a sign.
§ 179-20.3. Exemptions from permit requirements.
The following signs do not count towards the total permitted signage unless
otherwise indicated (See §179-20.5) and do not require a permit unless such
signage is located in the Old King's Highway Historic District:
A. Awning signs identifying a product, not a specific business
B. Business operation signs
C. Cautionary signs
D. Construction signs
E. Directional or traffic safety signs
F. Home occupation signs
G. Home products signs
H. Intersection island signs
I. Municipal
J. One "Open" flag
K. Open house and yard sale signs if displayed for not more than 48 hours
L. Political signs
M. Protected conservation land signs
N. Quarterboard, residential, non-commercial
O. Real estate signs
P. Special event flyers measuring not more than two square feet in total area
Q. Umbrella signs identifying a product, not a specific business
R. Outdoor vending machines: one per premises unless more are allowed by
special permit
S. Window signs
§179-20.4 Prohibited signs
A. Animated signs
B. Zipper signs
16
C. Flashing Signs, not including school crossing signs
§ 179-20.5. Additional Regulations for specific types of signs.
A. A-frame, Sandwich signs. Such signs shall not exceed 6 square feet, or
36" by 24" in any dimension.
B. Awning signs. Letter or graphics on an awning that identify a business
by name, phone number or services offered shall count towards total
signage. Awning sign area shall be computed by measurement of the
smallest square, circle, rectangle, triangle, or combination thereof that will
encompass the extreme limits of the writing, representation, emblem, or
k other display.
C. Business Operation Signs. Such signs shall not exceed one square
foot.
1. Construction signs.
a) No permit is required.
b) One sign is permitted per street frontage
c) Signs may not exceed nine square feet in area.
d) Signs must be placed on the advertised property or work site.
e) There is no time limit on the duration of construction signs, however,
signs shall be removed within seven days of issuance of an occupancy
certificate or completion of work.
D. Directional or traffic safety signs. In addition to other permitted signs,
directional, warning or traffic signs necessary for the safety and
convenience of customers, employees, visitors and the public are
permitted in all areas. Signs shall not exceed one square feet in area.
E. Home Occupation signs. Such signs shall not exceed 4 square feet. One
sign is permitted per dwelling.
F. Home Product signs. Such signs shall not exceed 4 square feet. One
sign is permitted per dwelling.
G. Informational signs. Such signs shall not exceed one square foot in area.
H. Interpretive displays and kiosks.
1. For interpretive displays, the maximum area of a single such sign shall
not exceed 50 square feet, and the highest point after installation shall
not exceed 144 inches.
2. For kiosks, the footprint shall not exceed 40 square feet, and the height
shall not exceed 10 feet.
3. Signs in viewsheds and on beaches shall be installed angled 20° from
the horizontal plane so as to reduce visual obstruction. Interpretive
signs or kiosks shall not block or obstruct a scenic view or visual
corridor.
I. Intersection Island Signs. Any individual, for-profit organization or not-
for-profit organization that volunteers to maintain and/or landscape an
intersection island is permitted to erect one sign not to exceed one square
foot in size, and one foot in height, upon said island. No direct, external,
or internal lighting shall be permitted. The sign must be promptly removed
when the individual, for-profit or not-for-profit organization ceases to
maintain and/or landscape the intersection island. Permission to
maintain an intersection island is granted by the Board of Selectmen.
J. Municipal signs, additional requirements.
1. Municipal signs that announce water system information or municipal
traffic signs, as approved by the Brewster Police and Brewster
w
Department of Public Works, shall be permitted in a public right-of-way
as a matter of right.
2. Permanent municipal signs shall not exceed 30 square feet.
3. Town departments shall have authority over any sign placed on the
land and/or buildings under their control, including signs placed by
other Brewster municipal entities. Signs may remain in place as
needed, at the discretion of the entity with authority over the property.
Notice of such signs shall be required to be filed by the Town entity
with the Building Official prior to display. Note that this does not apply
to the following: election/Town Meeting signage, public safety signage,
and Water Department signage.
17
K. "Open" Flag. One "open" flag per business establishment shall be allowed
and shall not exceed 3 feet by 5 feet in size.
L. Protected conservation land signs. Such signs shall not exceed 4
square feet.
M. Real estate signs. One sign of not more than nine square feet shall be
allowed per street frontage and waterfront side of the advertised property,
shall not be illuminated, shall not be located within the public right-of-
way, and shall be removed immediately once the property is off the
market, or within 7 days of rental, lease or completion of sale. Real estate
signs do not require a permit.
N. Subdivision lot plan signs. These are permitted if not in excess of 20
square feet on any subdivision, provided that no "for sale" signs shall be
placed on the individual lots. The sign shall be placed on the subdivision
property. Individual lot number signs not in excess of one square foot may
be placed on each lot. The sign shall be removed when all lots are sold or
after 3 years, whichever is shorter.
O. Subdivision signs. Subdivision signs shall not exceed 12 square feet
including any posts or decoration. A sign may be placed at each entrance
to the subdivision.
P. Town and community event signs. Up to one month in advance of and
during Town-wide and community events, signs not exceeding 30 square
feet may be displayed as a means of publicizing the event.
Q. Visitor information signs. Not-for-profit organizations providing visitor
information to the general public are permitted to erect one sign not
exceeding six square feet in size to advise the public of this service. Visitor
information sign will be permitted in Brewster at locations designated by
the Board of Selectmen. These signs are allowed in addition to any other
signs allowed by the Brewster Sign By-law at the site.
R. "Welcome to Brewster" signs. Welcome signs are permitted at entrances
to the Town. Signs shall not exceed 16 square feet and the top of said sign
shall be no higher than eight feet above ground level.
S. Window signs. Window signs are permitted as long as the total area of all
such signs does not exceed 25% of all glazing area on which the signs
appear.
§ 1 79-20.6. Off-premises signs.
A. Off-premises sign.
1. Any business wishing to place a sign on property other than its own, in
addition to obtaining all requisite permits from the Massachusetts
Outdoor Advertising Board and any other regional, state and local
approvals, shall obtain written permission from the property owner and
lessee if applicable,_where the sign will be posted and shall provide said
written permission to the Building Official with the permit application or
notification materials.
2. An off-premises business sign shall only be posted within a commercial
(CH), village business (VB) or industrial (I) district, except for agricultural
uses as defined in Article I (Definitions) of this by-law which may be
posted within a residential district.
3. Entities wishing to place off-premises signage on state-owned property or
within state rights-of-way such as Route 6A shall seek permission from
the state, in addition to meeting local requirements.
4. An off-premises sign shall be included in the calculation of total
allowable signage for the property or business it is placed upon.
5. No permanent, commercial sign shall be allowed on any municipal =_
property.
6. Ladder Signs:
I. Ladder Signs are permitted at intersections of public ways which
service commercial areas, preexisting businesses or town-owned
community facilities as established by the Board of Selectmen:
II. Ladder Sign Regulations.
a) Signs shall be of a uniform design with a dark green
18
'!4
background (dark green glossy, as in Town signs, or equal)
and white letters, all in a non-Day-Glo paint, and shall be
supported by unpainted, treated four-by-four, ground
mounted posts.
b) Signs shall not exceed 21 square feet in area and three feet
in width between the support posts nor be more than 8 feet
in height to the top of the uppermost ladder. No signs shall
be mounted below 12 inches from grade.
c) Signs shall be constructed of a series of horizontal panels six
inches in height and shall be constructed in a manner that
panels may be placed one above the other and be separately
removable.
d)The subject matter of a sign shall be generic in nature, such
as "drug store," identifying an activity or service, not a specific
business name.
e) Each six-by-thirty-six-inch panel can identify several
activities depending upon lettering requirements, and all
lettering shall be of uniform character.
f)Any ladder signs erected in Brewster will be maintained by the
Town in accordance with a ladder sign policy adopted by the
Board of Selectmen.
g) The lettering on the sign shall be simple block lettering with
letters not less than 3 1/2 inches in height.
h)The location of all ladder signs shall be selected by the Board
of Selectmen.
i)There shall be no more than one ladder sign at any
intersection.
j)Any traffic or directional sign owned and installed by a
governmental agency shall be permitted.
179-21. Enforcement; abandoned signs; appeals.
A. Enforcement, permits and penalty.
1. Permits and certificates of appropriateness.
a) All signs regulated by this Article require a sign permit issued by the
Building Official with exception of§179-20.3.
b) All signs located within the Old King's Highway Historic District
require a certificate of appropriateness from the Historic District
Committee.
2. Fees for sign permits shall be set by the Board of Selectmen.
3. The Building Official is authorized to order the repair or removal of any
sign and its supporting structure which the Building Official judges to
be dangerous or in disrepair or erected or maintained contrary to this
Article.
4. The Building Official is authorized to issue citations for violations of
these regulations by the method provided in MGL c. 40, § 21D.
5. Failure to respond to a properly issued citation within 21 days will
make the person, trust or other enterprise exhibiting a sign not in
compliance with this article, unless afforded protection under Article
VIII of this chapter.
$. Signs not complying with this article.
1. Signs without a valid permit shall be removed within 120 days of
passage of this article.
2. Pre-existing signs and signs with valid permits:
a) A legally pre-existing non-conforming sign or a sign with a valid
permit issued prior to enactment of this article must remain in
compliance with the requirements and conditions that enabled the
valid permit to be originally issued.
b) Failure of compliance will result in automatic revocation of the prior
issued valid permit and require compliance with this Article for
issuance of a current valid permit.
c) Pre-existing, non-conforming signs that are relocated, replaced,
19
structurally altered or not kept in a state of good repair shall not be
allowed to continue as non-conforming signs and shall require new
permits and compliance with this by-law, unless relocated due to
eminent domain taking.
d) A lawfully pre-existing non-conforming sign destroyed by natural
disaster or accident may be replaced by a sign of the same
dimensions, style, and in the same location as the original sign, but
must be permitted.
C. Abandoned signs.
1. When the Building Official finds that a sign has been abandoned, written
notice ordering its removal shall be sent by certified mail, return receipt
requested, to the owner of the property on which the sign is located and
to the person to whom the permit was issued if not the owner.
2. If a sign is not removed within 14 days of the issuance of an order, the
Building Official shall remove or arrange for the removal of the sign. The
sign shall be stored by the Building Official in a safe location for 30 days,
after which time it may be appropriately disposed of. Any costs incurred
shall be borne by the sign owner and if unpaid after 30 days, the Town
may place a lien on any of the sign owner's property in Town.
D. Appeals.
Any individual aggrieved by a decision of the Building Official may appeal to
the Brewster Board of Appeals as provided under MGL C. 40A of the
Commonwealth of Massachusetts except that no variances may be granted
for off-premises signs.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT/Medical Marijuana Dispensary
ARTICLE NO. 22: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Article IX (Special Regulations), by adding a new
section 179-38.1 entitled "Medical Marijuana Dispensaries" as follows:
§179-38.1. Medical Marijuana Dispensaries
A. A Medical Marijuana Dispensary (MMD) shall conform to 105 CMR
725.000: Implementation of an Act for the Humanitarian Medical Use of
Marijuana, in addition to any requirements outlined herein.
B. The Special Permit Granting Authority shall be the Planning Board.
C. A special permit granted under this section shall have a term limited to
the duration of the applicant's ownership or lease of the premises as a
MMD. A special permit may be transferred only with the approval of the
Special Permit Granting Authority in the form of a modification to the
Special Permit.
And to insert a new definition in Article I, §179-2 B as follows:
MEDICAL MARIJUANA DISPENSARY (MMD) - A Medical Marijuana
Dispensary (MMD) is a non-profit facility or location that has been
registered by the Massachusetts Department of Public Health, where
medical marijuana is grown, processed, and/or made available to a
qualifying patient or a personal caregiver as determined by 105 CMR
725.000.
And to amend Chapter 179 of the Brewster Town Code, Article VI, Chapter
179-11, Table of Use Regulations, Table 1, Community Facility, by inserting a 's
new #9, and renumbering subsequent lines:
R-R R-L R-M C-H V-B I MRD PWS-
CF
9. Medical - - - S S S - -
Marijuana
20
r
Dispensary
(MMD)
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
LAND ACQUISITION/Community Preservation Act
4RTICLE NO. 23: To see if the Town will vote to authorize the Board of
Selectmen to acquire a parcel of vacant land located on Black Duck Cartway
in the Punkhorn area of Brewster, Massachusetts, and shown on the
Brewster Assessors' New Tax Map 20 as a portion of Parcel 30, being a
portion of the land described in the Quitclaim Deed registered at the
Barnstable Land Court Registry District on Certificate of Title No. 166917,
and a portion of the land on Land Court Plan 37924-B, consisting of
approximately 3.29 acres, and shown as Lot 3 on a plan of land entitled,
"Plan of Land in Brewster, Massachusetts, Being a Division of Lot 1 (Cert.
166917) as Shown on Land Court Plan 37924-B, Creating Lots 2 and 3, as
Surveyed and Prepared for Kenneth Viprino & Kristine B. Viprino, Scale 1" =
50', dated April 5, 2014," prepared by J.M. O'Reilly 86 Associates, Inc., a copy
of which is on file with the Brewster Town Clerk; to acquire said parcel by gift,
purchase and/or eminent domain taking under Massachusetts General Laws,
Chapter 79, or any other enabling authority; to acquire said land for open
space, watershed protection, conservation and passive recreation purposes
for the general public, consistent with the provisions of Mass. Gen. Laws, Ch.
40, §8C, 310 C.M.R. 22.00, and Article 97 of the Amendments to the
Constitution of the Commonwealth of Massachusetts; to appropriate a the
sum of money to pay costs of this acquisition, and all other costs incidental
and related thereto; to authorize the Town Treasurer, with the approval of the
Board of Selectmen, to borrow up to a sum of money pursuant to the
provisions of Massachusetts General Laws, Chapter 44, Section 7(3) and
Section 8C, and/or any other enabling authority, and to issue bonds and/or
notes of the Town therefor; to authorize the Town Treasurer to transfer from
available funds a sum of money for the purpose of paying incidental and
related costs, including costs for grant funding applications and grant
compliance, and the preparation, issuance and marketing of notes and bonds
issued hereunder and for paying interest on temporary notes issued in
anticipation thereof; to authorize the Board of Selectmen and the
Conservation Commission to apply for, accept and expend any funds which
may be provided by the Commonwealth or other public or private sources to
defray a portion or all of the costs of acquiring this property, including but
not limited to funding under the Self-Help Act, General Laws, Chapter 132A,
Section 11 (now, so-called LAND grants), provided that the amount of notes or
bonds issued hereunder shall be reduced by the amount of any such grants
received or funds accepted prior to the sale of such notes or bonds; and
further provided that any such sums from non-municipal sources shall be
deposited in the open space account of the Community Preservation Fund; to
authorize the Board of Selectmen to grant to the Trustees of the Brewster
Conservation Trust, for no consideration, a perpetual Conservation
Restriction on said premises pursuant to the provisions of General Laws,
Chapter 184, Sections 31 through 33, allowing the aforementioned uses at
the time of closing or within a reasonable amount of time thereafter; and, to
authorize the Conservation Commission to assume the care, custody, control
and management of the property; and to authorize the Board of Selectmen
and Conservation Commission to enter into all agreements and execute any
and all instruments as may be necessary on behalf of the municipality to
effect this purchase and obtain reimbursement funding; or to take any other
action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
21
ZONING BYLAW AMENDMENT/Floodplain Regulations
ARTICLE NO. 24: To see if the Town will vote to amend Chapter
179 Zoning, Article II Establishment of Districts, Section 179-7 as follows
(strikethro-gh text to be deleted, bold underlined text is new):
§ 179-7. Floodplain District.
§ 179-7. Floodplain District.
The Floodplain District is established as fie an overlay district. All uses
otherwise permitted in the underlying district are allowed, provided that they
meet the following additional requirements, as well as those of the
Massachusetts State Building Code dealing with construction in floodplains
and coastal high hazards.
A. Statement of purpose. The purposes of the Floodplain District are to
(1) Regulate development in areas subject to coastal storm flowage,
particularly high hazard velocity zones, in order to minimize
threats to public safety, potential loss of life, personal injury,
destruction of property, and environmental damage inevitably
resulting from storms, flooding, erosion and relative sea level rise.
(2) Enable safe access to and from coastal homes and buildings for
homeowners and emergency response personnel, such as police,
fire and rescue departments or other emergency response officials.
(3) Reduce or prevent public health emergencies resulting from
surface and ground water contamination from inundation of or
damage to sewage disposal systems and storage areas for typical
household hazardous substances.
(4) Minimize monetary loss and public health threats resulting from
storm damage to public facilities (water and gas warns mains,
electric, telephone lines, streets, bridges, etc.). Avoid the loss of
utility services which, if damaged by flooding, would disrupt or
shut down the utility network and impact regions of the
community beyond the site of flooding.
(5) Eliminate costs associated with the response to and cleanup of
flooding conditions.
(6) Reduce damage to public and private property resulting from
flooding waters.
B. Definitions. As used in this section, the following words shall have the
meanings specified herein:
AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a
community, subject to a one-percent or greater chance of flooding in any given
year The area may be designated on a FIRM as Zone A, A 1 30 or V1 30 AE or
VE.
BASE FLOOD -- The flood having a one-percent chance of being equaled or
exceeded in any given year
COASTAL HIGH HAZARD AREA -- The area subject to high-velocity waters,
including nut but not limited to hurricane wave wash or tsunamis. The area is
designated on a FIRM as Zone V1 30 VE.
DEVELOPMENT -- Any man-made change to improved or unimproved real
estate, including but not limited to building or other structures, construction,
mining, extraction, dredging, filling, grading, paving, excavation or drilling
activity or operation.
DISTRICT -- Floodplain District.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A
manufactured home park or subdivision for which the construction of facilities
for servicing the lots on which the manufactured homes are to be fixed
(including, at minimum, the installation of utilities, the construction of streets,
and either final site grading or pouring of concrete pads) is completed before
the effective date of this section.
22
(
EXPANSION TO AN EXISTING MANUJFACTURED MANUFACTURED
I-IOMEPARK OR SUBDIVISION -- The preparation of additional sites by the
construction of facilities for servicing lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction or
streets, and either final site grading or pouring of concrete pads).
I FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) -- Administer's the
National Flood Insurance Program (NFIP). FEMA provides a nationwide flood
hazard mapping study program for communities as well as regulatory
standards for development in the flood hazard areas.
FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community on
which FEMA has delineated both areas of special flood hazard and risk
premium zones applicable to the community.
FLOOD INSURANCE; STUDY (FIST -- An examination, evaluation, and
determination of flood hazards, and, if appropriate, corresponding water
surface elevations, or an examination, evaluation and determination of flood-
related erosion hazards.
FLOODWAY -- The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation.
LAND SUBJECT TO COASTAL STORM FLOWAGE -- Land subject to
inundation caused by coastal storms up to and including the one-hundred-
year flood, surge of record, or flood of record, whichever is greater. The one-
hundred-year flood (or base flood as it is also referred to) means the flood
having a one-percent chance of being equaled or exceeded in any given year.
The seaward limit is mean low water.
LOWEST FLOOR -- The lowest floor of the lowest enclosed areas (including
basement or cellar). An unfinished or flood-resistant enclosure, usable solely
for parking of vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation of the applicable
hon-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME -- A structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For purposes
of the application of this Floodplain District Bylaw, the term "manufactured
home" also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance purposes,
the term "manufactured home" does not include park trailers, travel trailers,
and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or
$ale.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) -- Is administered by the
Federal Emergency Management Agency (FEMA).
NEW CONSTRUCTION -- For purposes of the application of this Floodplain
District Bylaw, "new construction" shall mean structures for which the smart
start of construction commenced on or after the effective date of this
Floodplain District Bylaw. For the purpose of determining insurance rates,
"new construction" means structures for which the start of construction
Commenced on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later.
s NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured
home park or subdivision for which the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including, at
Minimum, the installation of utilities, the construction of streets, and either
Final site grading or the pouring of concrete pads) is completed on or after the
effective date of this Floodplain District Bylaw.
ONE HUNDRED YEAR FLOOD -- See "base flood."
REGULATORY FLOODWAY -- See "floodway."
23
SPECIAL FLOOD HAZARD AREA -- An area having special flood and/or flood
related erosion hazards, and shown on a FIRM as Zone A, A 1 30, V1 30 AE,
VE.
START OF CONSTRUCTION -- Includes substantial improvement, and means
the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or
other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. For a substantial
improvement, the actual start of construction means the first alteration of any
wall, ceiling, or floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
STRUCTURE -- For floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank that is principally above
ground, as well as a manufactured home. For NFIP insurance coverage
purposes, "structure" means a walled and roofed building, other than a gas or
liquid storage tank, that is principally above ground and affixed to a permanent
site, as well as a manufactured home on foundation. For the latter purpose, the
term includes a building while in the course of construction, alteration or
repair, but does not include building materials or supplies intended for use in
such construction, alteration or repair, unless such materials or supplies are
within an enclosed building on the premises.
SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before-damaged condition
would equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition,
or other improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction of the
improvement. This term includes structures which have incurred substantial
damage, regardless of the actual repair work performed.
ZONES
(1) ZONE A -- The one-hundred-year floodplain area where the base flood
elevation (BFE) has not been determined. To determine the BFE, use the
best available federal, state, local or other data
(2) ZONE Al A30 AE -- The one-hundred-year floodplain where the base
flood elevation has been determined.
(3) ZONES B and C X -- Areas identified in the community Flood Insurance
Study as areas of moderate or minimal flood hazard.
(4) ZONE V1 V30 VE -- Special flood hazard areas along a coast subject to
inundation by the one-hundred-year flood with additional hazards due to
velocity (wave action). Base flood elevations have been determined.
C. Floodplain District boundaries and base flood elevation and floodway
data •
- I --- - - - ••- - - - - - - ` - - -
- - - . • - e'. - - _ . - - . - . _ - - - -
Town of Brewster FIRM issued by FEMA for the administration of the NFIP
dated May 17, 1993, as ZONES A, A 1 30, and V1 30 which indicate., the one
hundred year regulatory floodplain. The exact boundaries of the District may
be defined by the one hundred year base flood elevations shown on the, FIRM
and further defined by the Reed-insurance Study Booklet dated December 19,
1998. The FIRM and Flood Insurance Study booklet are incorporated herein by
Commissioner and Conservation Commission.
(1) The Floodplain District is herein established as an overlay district.
The District includes all special flood hazard areas within the Town of
Brewster designated as Zone A, AE, or VE on the Barnstable County Flood
Insurance Rate Map (FIRM) issued by the Federal Emergency Management
24
Agency (FEMA) for the administration of the National Flood Insurance
Program. The map panels of the Barnstable County FIRM that are wholly
or partially within the Town of Brewster are panel numbers 25001C0394J,
25001C0413J, 25001C0414J, 25001C0416J, 25001C0417J,
5001C0418J, 25001C0419J, 25001C0438J, 25001C0582J,
5001C0584J, 25001C0601J, 25001C0602J, 25001C0603J,
45001C0606J, 25001C0607J and 25001C0626J dated July 16, 2014.
The exact boundaries of the District may be defined by the 100-year base
food elevations shown on the FIRM and further defined by the Barnstable
County Flood Insurance Study (FIS) report dated July 16, 2014. The
FIRM and FIS report are incorporated herein by reference and are on file
with the Town Clerk, Planning Board, Building Commissioner and
onservation Commission.
(2) Floodway data. In Zone A and A 1 30 AE along watercourses that have
not had a regulatory floodway designated, the best available federal,
state, local or other floodway data shall be used to prohibit
encroachments in floodways which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(3) Base flood elevation data. Base flood elevation data is required for
subdivision proposals or other developments greater than 50 lots or five
acres; whichever is the lesser, within unnumbered A zones.
(a) Within Zone A, where the base flood elevation is not provided on the
FIRM, the applicant shall cause a qualified professional to provide any
existing base flood elevation data, which data shall he reviewed by the
Building Commissioner/Zoning Agent for its reasonable utilization
toward meeting the elevation or floodproofing requirements, as
appropriate, of the State Building Code.
(b) The Wetlands Protection Act may require applicants to determine base
flood elevation information by engineering calculations using
whichever specified methodology is most accepted by the Brewster
Conservation Commission.
D. Notification of watercourse alteration. In a riverine situation, the property
owner and/or applicant shall notify the following of any alteration or
relocation of a watercourse:
(1) Adjacent communities.
(2) NFIP State Coordinator
Massachusetts Office of Water Resources Department of
Conservation and Recreation
251 Causeway Street. Suite 600-700
Boston, MA 02114-2104
(3) NFIP Program Specialist
FEMA Region I, Rm. '162
J. W. McCormack Post Office 85 Courthouse
99 High Street, 6th Floor
Boston, MA 02109 02110
Use regulations.
(1) All provisions of the Code of the Town of Brewster, Chapter 179,
shall remain applicable within the Floodplain District; provided,
however, where the Floodplain District Bylaw imposes additional or
conflicting regulations, the more stringent local regulations shall
prevail. All development in the Floodplain District, including
structural and nonstructural activities, whether permitted by right
or by special permit, most be in compliance with (Chapter 131,
Section 40, of the Massachusetts General Laws and with the
following:
25
(a) Section of the Massachusetts State Building Code which
addresses floodplain and coastal high hazard areas
(currently 780 CMR 3107.0. , "Flood Reoistant
Conotruction)
(b) Wetlands Protection Regulations, Department of
Environmental Protection (DEP) (currently 310 CMR 10.00).
(c) Inland Wetlands Restriction, IMP (currently 310 CMR 13.00).
(d) Coastal Wetlands Restriction, DEP (currently 310 CMR
12.00).
(e) Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage, DEP (currently 310 CMR 15, Tile 5).
(f) Brewster Wetlands Protection Bylaw (currently Chapter 172,
Brewster Town Code).
(g) Brewster Wetlands Conservancy District (currently Chapter
179, Article II, § 179-6, Brewster Town Code).
(2) Any departure from the provisions and requirements of the above-
referenced state or local regulations may only be granted in
accordance with the required variance procedures of these state or
local regulations.
F. Recommended uses. The following uses, which present low flood damage
potential and are unlikely to cause obstructions to flood flows, are
encouraged, provided they are permitted in the underlying district and do
not require structures, fill, or the storage of either materials or
equipment.
(1) Agricultural uses such as farming, grazing, truck farming,
horticulture, etc.
(2) Forestry and nursery uses.
(3) Outdoor recreational uses, including play areas, nature study,
boating, fishing and hunting where otherwise legally permitted.
(4) Conservation of water, plants and wildlife.
(5) Wildlife management areas, foot, bicycle, and/or horse paths and
bridges provided such uses do not affect the natural flow pattern of
floodwaters or of any watercourse.
(6) Temporary nonresidential structures used in connection with
fishing, hunting, bird watching, growing, harvesting, storage, or
sale of crops raised on the premises.
(7) Buildings and uses lawfully existing prior to the adoption of these
provisions.
G. Use limitations.
(1) Man-made alteration of sand dunes within Zones V1 30 VE that
increase potential flood damage is prohibited.
(2) All new construction within Zones V1 30 VE is required to be
located landward of the reach of mean high tide.
(3) All subdivision proposals shall be reviewed to assure that
(a) Such proposals minimize flood damage;
(b) All public utilities and facilities are located and constructed
to minimize or eliminate flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood
hazards.
(4) Existing contour intervals of site and elevations of existing
structures must be included on plan proposals.
H. Administration.
(1) There shall be established a routing procedure which will circulate or
transmit one copy of the development plan to the Conservation
Commission, Planning Board, Board of Health, Town Engineer and
Building Commissioner for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits.
26
(2) The Building Inspector shall require the applicant to cause a qualified
professional to provide records of elevation and floodproofing levels for
new construction or substantial improvement within the flood district.
I. Severability. If any provision of this section should he disapproved by
the Attorney General or invalidated by a court of competent
jurisdiction, the remainder of the section shall not be affected thereby.
The invalidity of any section or sections or parts of any section or
sections of this § 179-7 shall not affect the validity of the remainder of
the Town of Brewster's Zoning Bylaw.
or take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
TOWN CODE AMENDMENT/ Construction Notification
ARTICLE NO. 25: To see if the Town will vote to amend the Code of the
Town of Brewster to delete Chapter 72 (Building Construction), that reads as
follows:
72-1. Requirement; exemption.
Any person or firm building or externally altering a structure is required
to file a notice of construction or alteration with the Board of Assessors.
This notice shall contain the name of the person or firm, the address,
location, approximate size and intended use. Building or alterations of
less than thirty-six (36) square feet of floor area shall be exempt.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
NAUSET PUBLIC SCHOOLS MIDDLE SCHOOL RENOVATION PROJECT
4RTICLE NO. 26: To see if the Town will approve the $2,438,439
borrowing authorized by the Nauset Regional School District, for the purpose of
paying costs of the partial roof replacement of the Nauset Regional Middle
School located at 70 Route 28 Orleans MA 02653, including the payment of all
costs incidental or related thereto the Middle School Roof Project, which
proposed repair project would materially extend the useful life of the school
and preserve an asset that otherwise is capable of supporting the required
educational program, and for which the Nauset Regional School District may
be eligible for a school construction grant from the Massachusetts School
Building Authority ("MSBA"), said amount to be expended at the direction of
the Nauset Regional School Building Committee. The MSBA's grant program is
a non-entitlement, discretionary program based on need, as determined by the
MSBA, and any Project costs the Nauset Regional School District incurs in
excess of any grant approved by and received from the MSBA shall be the sole
responsibility of the Nauset Regional School District and its member
municipalities. Any grant that the Nauset Regional School District may receive
from the MSBA for the Project shall not exceed the lesser of (1) thirty seven
point three two percent (37.32%) of eligible, approved project costs, as
determined by the MSBA, or (2) the total maximum grant amount determined
by the MSBA.
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
27
AMENDMENT TO THE INTERMUNICIPAL AGREEMENT BETWEEN THE
TOWNS OF ORLEANS, BREWSTER AND EASTHAM FOR THE
CONSTRUCTION, MANAGEMENT AND OPERATION OF A SEPTAGE
TREATMENT FACILITY
ARTICLE NO. 27: To see if the Town will vote to authorize the Board of
Selectmen to amend the Intermunicipal Agreement between the Towns of
Orleans, Brewster and Eastham for the Construction, Management and
Operation of a Septage Treatment Facility dated May 30, 1985, as amended
(the "IMA"), by adopting a further amendment pursuant to Section XVI of the
IMA, in substantially the form set forth below:
Whereas, the Towns of Orleans, Brewster and Eastham (collectively the
"Towns"), are parties to an Intermunicipal Agreement between the Towns of
Orleans, Brewster and Eastham for the Construction, Management and
Operation of a Septage Treatment Facility, as amended, (the "IMA");
Whereas, as originally adopted the IMA had a term of twenty (20) years and
was due to expire on May 30, 2005;
Whereas, the Towns amended the IMA and extended the term of the IMA for an
additional ten (10) years, until May 30, 2015;
Whereas, paragraph 1 of the amended IMA states, in part, that: "Further,
unless Orleans by vote of its Board of Selectmen, determines that it does not
intend to further extend the term of the IMA, and notice of such vote is
provided in writing to Eastham and Brewster prior to May 30, 2013, then the
term of the IMA shall be extended for an additional ten (10) years until May 30,
2025";
Whereas, Orleans by vote of its Board of Selectmen determined that it did not
intend to further extend the term of the IMA and notice of such vote was
provided in writing to Eastham and Brewster prior to May 30, 2013, i.e. on
January 15, 2013;
Whereas, the IMA will expire on May 30, 2015;
Whereas, the Towns are desirous of extending the term of the IMA until
December 31, 2016;
Whereas, Section XVI of the IMA, provides that it may be amended by written
amendment, but that no such amendment shall become effective until
approved by a Town Meeting vote in all three (3) member Towns;
Now, therefore, the Towns, in consideration of the mutual covenants set forth
herein, the provisions of the IMA and the authority set forth in General Laws
chapter 40, §4A, and every other power, hereby agree as follows:
1. The term of the IMA shall be extended until December 31, 2016.
2. Other than as set forth in this amendment the provisions of the IMA are
hereby ratified and confirmed by all member Towns.
This amendment shall only become effective upon approval by a Town Meeting
vote in all three (3) towns.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
28
EXPENSES FOR THE TRI-TOWN SEPTAGE TREATMENT PLANT
.ARTICLE NO. 28: To see if the Town will vote to transfer the sums of
TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) DOLLARS
from Free Cash AND SEVENTY-FIVE THOUSAND AND 00/100 DOLLARS
($75,000.00) from the Tri-town Special Purpose Stabilization Fund and, in the
event all three Towns vote to extend the term of the "Intermunicipal Agreement
between the Towns of Orleans, Brewster and Eastham for the Construction,
LManagement and Operation of a Septage Treatment Facility" to December 31,
X016, to expend such funds on costs associated with the engineering, design,
Operation, repair and maintenance of the Tri-Town Septage Treatment Facility;
or, alternatively, in the event all three Towns do not vote to extend the term of
the "Intermunicipal Agreement between the Towns of Orleans, Brewster and
Eastham for the Construction, Management and Operation of a Septage
Treatment Facility" to December 31, 2016, to expend such funds on costs
associated with the engineering, design and demolition of the Tri-Town Septage
Treatment Facility; and to authorize the Board of Managers, with the
permission of the Board of Selectmen, to solicit bids and/or proposals, enter
into a contract or contracts, and to expend said funds for said purposes; or to
take any other action relative thereto.
(Majority Vote Required or a Two- (Board of Selectmen)
thirds vote if funds are transferred
from the Special Purpose Stabilization
Fund)
1
STABILIIZATION FUND/ Cape Cod Regional Technical High School
L`
ARTICLE NO. 29: To see if the Town will vote pursuant to Chapter 71,
Section 16G 1/2 to allow the Cape Cod Regional Technical High School to
establish a stabilization fund for future capital costs, or to take any other
action relative thereto.
(Majority Vote Required) (Cape Cod Regional High School Committee)
r ZONING BYLAW AMENDMENT/Museum Use
ARTICLE NO. 30: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article IV, Section 179-11, Table of Use
Regulations, Table 1, Community Facilities, by amending #12, Museum as
follows (bold underline text is new):
R-R R-L R-M C-H V-B I MRD PWS-
CF
-
12. Museum S S P S S - - P
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
'ZONING MAP AMENDMENT/East Brewster Village Business District
ARTICLE NO. 31: To see if the Town will vote to amend the Town of
Brewster Zoning Bylaw, Chapter 179, Section 179-3, Districts Enumerated,
Subsection C, Village Business District, and Section 179-4, Zoning Map
Established, by amending the Zoning Map to convert certain portions of the
Village Business District to Commercial High Density District, all as shown on
the sketch entitled "Article 33 - Zoning Map Amendment: East Brewster Village
29
Business District" a copy of which is on file with the Brewster Town Clerk, and
by further amending Section 179-3C to add the following language:
For the Village Business zoning district at the eastern end of Main Street at the
Brewster/Orleans line:
A. Retain the area from the center line of Main Street to the south as a
Village Business district with the same boundaries as the existing
district.
B. For the area from the center line of Main Street starting at the Orleans
line, a Commercial Zoning district will be created by a new line to be
drawn:
1. North for 400 feet, turning west and running parallel to Main Street to
the centerline of Southern Eagle Cartway.
2. Turning south along Southern Eagle Cartway to a point 165 feet north
of the centerline of Main Street.
3. Turning west and running parallel to Main Street to the center line of
Eldredge Road.
4. Turning north on Eldredge Road for 300 feet, then turning west for
225 feet, then turning south to the center line of Main Street, and
running east along the center line of Main Street to the Orleans line.
C. The remainder of the existing Village Business zoning district on the
north side of Main Street will remain as a Village Business zoning
district.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
GOLF CART LEASE
ARTICLE NO. 32: To see if the Town will vote to authorize the Town
Administrator to enter into a contract or contracts for the lease or lease-
purchase of golf carts for the Captains Golf Course for up to a five (5) year
period, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
NSTAR/ Utility Easement
ARTICLE NO. 33: To see if the Town will vote to authorize the Board of
Selectmen to grant to NSTAR, Inc., for no consideration an easement for the
transmission and distribution of electricity on Town-owned property located at
201 Run Hill Road in order to provide service to the Department of Public
Works Transfer Station facilities.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
ZONING BYLAW AMENDMENT/Museum Definition
ARTICLE NO. 34: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Article I, §179-2 B, by deleting the existing definition
of"Museum" and replacing it as follows:
MUSEUM - An institution, open to the public, which acquires, conserves,
researches, communicates or exhibits objects of lasting interest or value for the
purposes of education, study or enjoyment.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
30
L CAPE COD COMMISION/Membership
ARTICLE NO. 35: To see if the Town will vote to direct the Board of
Selectmen to place the following question on the next election ballot:
`Shall the Town of Brewster petition the General Court of the
Commonwealth of Massachusetts asking that the Town of Brewster be
L released from membership in and removed from the authority of the Cape
Cod Commission and the Cape Cod Commission Act?'
or to take any other action relative thereto.
(Majority Vote Required) (Citizens Petition)
Brewster Energy Advocate:
Protecting Ratepayer Interests & Returning Power to the
People
4RTICLE NO. 36: To see if the Town will vote to give voters a direct voice
in regional and local energy-related decision-making, as follows:
The Town's representative to the Cape Light Compact (CLC) shall be a member
of the Brewster Select Board, appointed by his or her colleagues to represent
the interests of residential, commercial, and industrial ratepayers within the
Town's borders. On the CLC Governing Board, this individual shall serve as the
Brewster Energy Advocate, charged with carrying forward the common
L aspirations and collective decisions and instructions of the Town and its
Consumers; acting on program and policy issues and contracts in a manner
Consistent with fiduciary and statutory obligations to Brewster's ratepayers;
and ensuring compliance with all applicable orders, laws, and regulations, as
required under the CLC's state-approved Aggregation Plan.
The Town's representative to the CLC, appointed as the Brewster Energy
Advocate by the Brewster Select Board, shall have the following
responsibilities:
• Attend CLC Governing Board meetings; provide a primary point of contact
for addressing issues and questions raised by Brewster consumers; and
solicit input from the public, the Brewster Energy Committee, and others on
CLC programs, policies, practices, and priorities
w Promote ratepayer-funded energy efficiency programs within Brewster and
ensure comprehensive information disclosure and transparent pricing for
CLC's "Community Choice" power supply products through events,
handouts, electronic media, and public access channels
• Bring energy-related positions adopted by the Town—including but not
limited to goals relating to electricity independence and concerns relating to
the Pilgrim nuclear plant and NStar's vegetation management practices—to
the CLC Governing Board for possible ratepayer-funded advocacy in state
and federal venues
• Conduct a public hearing before the Brewster Select Board in June 2014 to
disclose CLC's current "Community Choice" power supply pricing, energy
sources, air emissions, and other information, as well as the direct effects of
CLC's energy efficiency programs on NStar's rates; and conduct similar
public hearings to disclose any and all going-forward changes in
"Community Choice" offerings and direct effects on NStar's rates
• Advocate through the Town's appointed representative to the Board of
Directors of the Cape 86 Vineyard Electric Cooperative (CVEC), as well as
31
through CLC's appointed representative on CVEC's Board and Executive
Committee, for 10% of the energy from all CVEC projects to be made
available to local ratepayers through "Community Choice" offerings, as well
as for other ways in which CVEC could help make renewable energy
available and affordable to all through the CLC
• Present any and all changes in pricing and other "Community Choice"
power supply contract terms and conditions to the public and to the
Brewster Select Board for review and vote of approval or disapproval
• Communicate any and all proposed changes in CLC's Inter-Governmental
Agreement to the public and to the Brewster Select Board for review and
vote of approval or disapproval, prior to any vote being taken by the CLC
Governing Board on said changes
• Report on a timely basis to the public and the Brewster Select Board on the
following:
o All energy efficiency, power supply, and consumer advocacy activities
and decisions that affect—or could affect—local electric rates
o Anticipated contributions of municipal consumers and of other
commercial and industrial ratepayers to the CLC's energy efficiency
budget for 2014 and in future years, relative to the anticipated
distributions of commercial and industrial energy efficiency funds to
these similarly situated classes
o Proposed changes in CLC's Inter-Governmental Agreement
o Contractual relationships and transactions between CLC and CVEC,
including but not limited to transfers of ratepayer funds; lines of credit
or other guarantees; sales of energy, renewable energy credits, or other
commodities (including value streams that involve or travel through
other parties); etc.
The Town's representative to the CLC, working as the Brewster Energy
Advocate in conjunction with the Brewster Energy Committee and others, also
shall be responsible for conducting community forums, on at least a calendar-
year basis, that feature the benefits and costs realized by residential,
commercial, industrial, and municipal consumers through the CLC, as well as
progress toward larger energy-related goals. In preparation for these forums
and support of other activities, the Brewster Energy Advocate shall collaborate
with CLC staff to make information available for presentation and through
handouts, online resources, and public access channels.
The Town Code shall be updated as needed to reflect the provisions of this
article.
or to take any other action relative thereto.
(Majority Vote Required) (Citizens Petition)
ZONING BYLAW AMENDMENT/Docks 85 Piers
ARTICLE NO. 37: To see if the Town will vote to insert the text
below into Brewster Zoning Bylaws, Chapter 179-13 {Regulations effective
in all districts):
Insertion:
Paragraph E.) All docks and piers on freshwater ponds in the Town of
Brewster shall conform to the Brewster Wetlands Protection Bylaws.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Citizens Petition)
32
ANY OTHER BUSINESS
ARTICLE NO. 38: To act on any other business that may legally come
before this meeting.
(Board of Selectmen)
And you are hereby directed to serve this Warrant with your doings thereon to
the Town Clerk at the time and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster affixed this 7th day
of Apri 2014.
John odore Dickson , Chairman Ja ►es W. Foley ice-Chairman
Patricia E. Hughes, Clerk Benjamin W. deRuyter
&
Peter G. Norton
I, Roland W. Bassett, Jr., duly qualified Constable for the Town of
Brewster, hereby certify that I served the Warrant for the Annual Town Meeting
of May 5, 2014 by posting attested copies thereof, in the following locations in
the Town on the t{th day of April, 2014.
Brewster Town Offices Cafe Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
Brewster Farms U. S. Post Office
z Roland W. Bassett, Jr. nstable
,�.
..y.�.
0111 WS VIII
.-..... .