HomeMy Public PortalAbout2012-05-07-Annual Town Mtg Report --MAY 7, 2012 ANNUAL TOWN MEETING--
Report of the
ANNUAL TOWN MEETING
May 7th, 2012
In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook
Cafetorium on Monday, May 7th, 2012.
The meeting was called to order at 7:00p.m. by the Moderator, Stephen L. Doyle.
The tellers were David Lahive, David Quinn, MaryJo Nabywaniec and Pat Galante. The
checkers were June Gallant, Dorothy Leone, Barbara Bender, Ann Golini, Jane Nixon,
,Cynthia Matheson, Thaddeus Nabywaniec, Edward Swiniarski, and Francis Smith,
member of the Board of Registrars.
A quorum was present with 319 of 7947 voters.
The Town Clerk, Colette M. Williams, read the Annual Town Meeting Warrant and the
return of the Warrant. There being no objection, the Moderator dispensed with the reading
of the 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, 2013, as follows:
DEPARTMENT EXPENDED APPROPRIATED REQUESTED
FY2011 FY2012 FY2013
CAPE COD TECH ASSESSMENT $668,641.00 $694,838.00 $667,110.00
TOTAL ASSESSMENT: $668,641.00 $694,838.00 $667,110.00
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or to take any other action relative thereto.
(Majority Vote Required) (Cape Cod Technical School Committee)
MOTION: I move that the town vote to approve article no. 1 as printed in the warrant
and to raise and appropriate the sum of$667,110.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
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 t..and expenses, for the Fiscal Year ending June 30, 2013, as follows:
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DEPARTMENT EXPENDED APPROPRIATED REQUESTED
FY2011 FY2012 FY2013
ELEMENTARY SCHOOL BUDGET $5,276,681.44 $6,308,567.00 $6,435,934.00
TOTAL ASSESSMENT: $5,276,681.44 $6,308,567.00 $6,435,934.00
or to take any other action relative thereto.
(Majority Vote Required) (Elementary School Committee)
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- MAY 7, 2012 ANNUAL TOWN MEETING--
MOTION: I move that the town vote to approve article no. 2 as printed in the warrant
and to raise and appropriate the sum of$6,435,934.00 for this purpose.
AMENDED MOTION: I move that Article 2 be amended to reduce the raise and 3`
appropriate amount from $6,435,934. to $6,415,934.
ACTION ON AMENDED MOTION: DEFEATED.
ACTION ON MAIN MOTION: ADOPTED. .
TOWN OPERATING BUDGET
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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, 2013, as follows:
EXPENDED APPROPRIATED REQUEST
No DEPARTMENT FY 2011 FY 2012 FY 2013
1 MODERATOR WAGES $300.00 $300.00 $300.00
2 SELECTMEN'S WAGES $5,250.00 $5,250.00 $5,250.00
STAFF WAGES $55,701.95 $55,816.00 $56,731.00
EDUCATIONAL REIMB $2,800.00 $2,000.00 $2,000.00
EXPENSES $32,885.28 $28,780.00 $30,425.00
ADMINISTRATOR WAGES $256,805.49 $269,521.00 $282,282.00
EXPENSES $8,549.32 $9,580.00 $10,100.00
LEGAL EXPENSES $91,055.67 $105,000.00 $135,000.00
TOWN REPORT
EXPENSES $4,504.04 $5,700.00 $5,000.00
3 FINCOM EXPENSES $1,700.87 $2,000.00 $3,500.00
RESERVE FUND $8,172.00 $92,000.00 $95,000.00
4 ACCOUNTANT WAGES $143,330.61 $150,349.00 $152,701.00
AUDIT OF ACCOUNTS $22,000.00 $25,500.00 $25,500.00
EXPENSES $1,981.97 $2,585.00 $2,510.00
ASSESSOR WAGES $103,548.69 $108,766.00 $1 10,504.00
EXPENSES $2,088.46 $3,350.00 $2,620.00
TREAS/COLL WAGES $165,476.86 $192,130.00 $194,791.00
EXPENSES $22,768.03 $26,900.00 $26,900.00
INFORMATION
TECHNOLOGY
WAGES I $74,380.56 $77,535.00 $78,773.00
EXPENSES $51,360.34 $57,623.00 $57,655.00
DEBT SERVICE $2,988,607.77 $2,871,672.00 $2,835,268.00
FRINGE BENEFITS $2,763,893.51 $3,034,234.00 $2,985,107.00
RETIREMENT/
PENSION $1,326,770.13 $1,386,662.00 $1,578,338.00
5 TOWN CLERK'S WAGES 0.00 0.00 0.00
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--MAY 7, 2012 ANNUAL TOWN MEETING--
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CLERK STAFF WAGES $109,734.07 $114,300.00 $121,878.00
EXPENSES $25,134.53 $21,030.00 $25,380.00
6 TOWN HALL MAINT $81,473.00 $82,005.00 $83,304.00
WAGES
EXPENSES $14,642.74 $15,850.00 $15,850.00
COA BLDG EXPENSES $6,082.18 $7,200.00 $7,200.00
DRUMMER BOY $254.10 $500.00 $500.00
EXPENSES
L 7 CONSTABLE $250.00 $250.00 $250.00
POLICE WAGES $1,795,682.64 $1,923,643.00 $1,986,586.00
EXPENSES $134,826.81 $132,774.00 $132,820.00
8 FIRE/RESCUE WAGES $1,402,277.34 $1,471,815.00 $1,469,064.00
EXPENSES $98,096.72 $103,600.00 $104,300.00
RESCUE EXPENSES $91,059.38 $91,000.00 $98,500.00
STATION EXPENSES $41,220.58 $41,000.00 $41,000.00
9 PLANNING WAGES $128,614.73 $140,997.00 $143,728.00
PLANNING/
APPEALS EXPENSES $2,440.13 $3,190.00 $3,595.00
10 BLDG INSP/HDC $253,106.85 $291,853.00 $294,330.00
WAGES
BUILDING/HDC
EXPENSES $4,176.22 $6,300.00 $6,300.00
11 NATURAL RESOURCES
AND
CONSERVATION WAGES $186,985.18 $195,427.00 $214,828.00
LEXPENSES $35,738.99 $32,000.00 $32,500.00
PROPAGATION $6,000.00 $10,000.00 $10,000.00
12 HEALTH WAGES $162,389.28 $169,414.00 $172,077.00
AISIING NURSE
ASSOC. $18,356.50 $18,357.00 $18,357.00
EXPENSES $1,872.64 $4,000.00 $3,900.00
13 DPW WAGES $793,426.96 $848,845.00 $915,577.00
ROAD MACHINERY $40,437.12 $40,800.00 $45,900.00
SNOW & ICE CONTROL $154,357.33 $120,000.00 $125,000.00
EXPENSES $198,175.00 $232,120.00 $240,253.00
SOLID WASTE $150,472.89 $172,802.00 $184,022.00
DISPOSAL
STREETLIGHTING $8,721.61 $9,800.00 $9,800.00
14 WATER STAFF WAGES $629,349.77 $687,055.00 $692,469.00
OPERATING
L'LEXPENSES $302,795.58 $424,291.00 $405,807.00
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EQUIPMENT
EXPENSES $7,662.29 $12,570.00 0.00
15 GOLF DEPT WAGES $1,121,933.58 $1,177,837.00 $1,182,992.00
EXPENSES $813,041.33 $881,620.00 $908,705.00
16 RECREATION WAGES $99,554.10 $97,151.00 $97,889.00
EXPENSES $14,313.51 $17,051.00 $17,450.00
17 COUNCIL ON AGING $154,025.73 $172,413.00 $171,191.00
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--MAY 7, 2012 ANNUAL TOWN MEETING--
WAGES
EXPENSES $11,217.24 $13,254.00 $23,624.00
18 LADIES LIBRARY $516,471.88 $531,400.00 $548,069.00
ALEWIVE COMM.
19 WAGES $2,143.20 $2,500.00 $2,500.00
EXPENSES $641.43 $900.00 $900.00
OLD MILL SITE COMM. $3,668.21 $4,000.00 $4,000.00
20 UTILITIES $414,277.09 $450,000.00 $498,110.00
LIABILITY INSURANCE $292,084.10 $330,000.00 $302,000.00
21 ASSESSMENTS $41,788.81 $43,356.00 $44,715.00
MEMORIAL/ $1,500.00 $1,500.00 $1,500.00
VETERANS DAY EXP.
VETERANS SERVICES $25,484.64 $30,000.00 $30,000.00
GRAND TOTAL $18,549,890.06 $19,691,023.00 $20,114,975.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no 3 as printed in the warrant
and in order to appropriate this total sum of $20,114,975.00 that the town raise and
appropriate the sum of$18,275,673.00, and transfer the sums of:
• $125,000.00 from the Overlay Surplus account,
• $375,000.00 from the Golf Cart Receipts Reserved for Appropriation account, >A
• $100,000.00 from the Pension Reserve account,
• $356,628.00 from the Community Preservation Fund Balance Reserved fo
Open Space,
• $76,750.00 from the Tele-communications account,
• $208,085.00 from the Water Revenues account,
• $350,320.00 from the Ambulance Receipts Reserved for Appropriation account,
• $12,000.00 from the Cable Franchise Fee account, and
• $235,519.00 from the Road Betterment account,
for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
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, 2013, as follows:
si
DEPARTMENT EXPENDED APPROPRIATED REQUESTED
FY2011 FY2012 FY2013
NAUSET ASSESSMENT $8,699,131.00 $8,648,613.00 $8,774,190.00
TOTAL ASSESSMENT: $8,699,131.00 $8,648,613.00 $8,774,190.00
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
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--MAY 7, 2012 ANNUAL TOWN MEETING--
MOTION: I move that the town vote to approve article no. 4 as printed in the warrant
and to raise and appropriate the total sum of$8,774,190.00 for this purpose.
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ACTION: ADOPTED UNANIMOUSLY.
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
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ARTICLE NO. 5: 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 2014
,.n accordance with the Regional Agreement rather than the Education Reform Formula, so-
= alled,;or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTIQN: I move that the town vote to approve article no. 5 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
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 2013 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
acquire Historic Preservation Restrictions and Community Housing Restrictions in
onsideration of the awarding of the following grants; all as follows:
TEM: CATEGORY: Amount
1. Historic Preservation:
a. Brewster Natural Resources Department:
Stony Brook/Lower Mill Pond Dam/Fish
Passage Restoration Project: $130,000.00
($41,814.00 from Estimated Revenues and $88,186.00 from Fund Balance Reserved for
Historic Preservation,)
b. Related Purpose Expenditures/Professional Services $10,000.00
c. Reserve Funds
To hold in reserve for the purpose of Historic Preservation the sum of$35,403.00 from the
Fund's Fiscal Year 2013 revenues for future expenditure;
2. Community Housing:
a. POA for the Kings Landing Project: $400,000.00
(From the Fund Balance Reserved for Community Housing)
' b. Related Purpose Expenditures/Professional Services $10,000.00
c. Reserve Funds.
To hold in reserve for the purpose of Community Housing the sum of$77,217.00 from
the Fund's Fiscal Year 2013 revenues for future expenditure;
3. Open Space:
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--MAY 7, 2012 ANNUAL TOWN MEETING-
a. Related Purpose Expenditures/Professional Services $50,000.00
b. Reserve Funds
f:.
To hold in reserve for the purpose of acquiring Open Space the sum of$29,455.00 from
the Fund's Fiscal Year 2013 revenues for future expenditure;
4. Reserve Funds:
a. Related Purpose Expenditures/Professional Services $10,000.00
b. 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$251,650.00 from the Fund's Fiscal
Year 2013 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 2013 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 $1,018,725.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
MOTION: I move that the town vote to approve article no 6 as printed in the warrant,
however that item no 2a. POA for the Kings Landing Project in the amount o
$400,000.00 be deleted and to appropriate the amended total sum of $618,725.00
from the Community Preservation Fund for these purposes. '
ACTION: ADOPTED UNANIMOUSLY.
HUMAN SERVICES FUNDING
ARTICLE NO 7: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of SIXTY-FIVE THOUSAND TWO HUNDRED SIXTY-
NINE AND 00/100 ($65,269.00) DOLLARS for the following organizations and in the
following respective amounts:
Program Amount
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. $4,200.00
5 Homeless Prevention Council $9,124.00
6 South Coastal Counties Legal Services, Inc. $4,500.00 _
7 Lower Cape Outreach Council, Inc. $8,500.00
8 Cape Abilities $6,425.00
9 Sight Loss Services, Inc. of Cape Cod 86 Islands $1,000.00
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 $5,000.00
Grand Total $65,269.00
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.
Page 6 of 41
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--MAY 7, 2012 ANNUAL TOWN MEETING--
(Majority Vote Required) (Human Services Committee)
7 MOTION: I move that the town vote to approve article no. 7 as printed in the warrant
and to transfer the sum of $65,269.00 from Free Cash for these purposes.
ACTION: ADOPTED UNANIMOUSLY.
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
2013 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:
Department: Request Total
1. Board of Selectmen
a.. Swap Shop Building Repairs $5,000.00
b. DEM Crosby Property Site Parking $25,000.00
Improvement Study
c. Fuel Pumping Facility Repairs $15,000.00
d. All Citizens Access Improvement Repair $25,000.00
Projects
e. Professional Services for Personnel $7,500.00
Administration
L f. COA Building Exterior Painting $30,000.00
g. Town Hall Renovation Project $6,500.00
Sub-total $114,000.00
2. Fire Department:
a. Fire Station Project / Feasibility Study $10,000.00
b. Dispatch Services $32,000.00
c. Rescue Billing Services $17,000.00
d. SCBA Lease $25,000.00
e. Knox Box $6,500.00
f. Hazardous Materials $5,000.00
g. Zodiac Boat Motor $3,500.00
h. CMED Funding $5,000.00
i. Firehouse Aprons & Building Repairs $71,150.00
Sub-total $175,150.00
3. Department of Public Works
a. Roadway/Drainage Repair Funding $150,000.00
b. Radio System Project $18,757.00
c. Replace Trash Trailer $70,000.00
d. Cemetery Engineering Services $10,000.00
e. Trackless Mower Flail Head Replacement $8,500.00
Sub-total $257,257.00
Page 7 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING---
4. Police Department:
a. Police Cruiser Replacement Expense $30,000.00
b. Building Security Project $23,500.00
Sub-total $53,500.00
5. Nauset Regional School District:
a. Capital Plan Projects $218,924.00
Sub-total $218,924.00
6. Water Department:
a. Construction Account $230,000.00
b. Radio System Project $45,000.00
Sub-total $275,000.00
7. Ladies Library:
a. Exterior Painting Project $30,000.00
b. Technology Project $10,000.00
Sub-total $40,000.00
8. Natural Resources Department:
a. Regulatory Sign Replacement Project $5,000.00
b. Paines Creek Culvert Project $40,000.00
Sub-total $45,000.00
9. Town Clerk:
a. Election Supplies Expense $2,000.00
Sub-total $2,000.00
10. Elementary School Department:
kw,
a. HVAC Maintenance & Repair Project $50,000.00
b. Technology Project $30,000.00
c. Air Quality Improvement Project $20,000.00
Sub-total $100,000.00
Grand Total $1,280,831.00
or to take any other action relative thereto.
(Majority Vote Required or Two-thirds Vote (Board of Selectmen)
Required if borrowing is requested)
MOTION: I move that the town vote to approve article no. 8 as printed in the warrant
and to appropriate the total sum of$1,280,831.00 for these purposes, and in order to
appropriate this sum of money that the town raise and appropriate the sum of
$218,924.00 and transfer the sums of:
• $572,257.00 from Free Cash,
• $94,000.00 from the Ambulance Receipts Reserved for Appropriation account,
• $7,500.00 from the Sale of Cemetery Lots account,
• $275,000.00 from the Water Revenue account, and
• $31,150.00 from Article 8 of the May 2011 Annual Town Meeting, item 2H Fire
Station Building Repairs,
• $80,000.00 from Article 3 of the November 2011 Special Town Meeting, item
6D, Millsite Improvement Project, and
Page 8 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
• $2,000.00 from Article 3 of the November 2008 Special Town Meeting, item 3H
Election Equipment Replacement.
ACTION: ADOPTED.
LOCAL BUSINESS ORGANIZATION FUNDING
ARTICLE NO. 9: To see if the Town will vote to raise and appropriate, and/or
ransfer from available funds the sum of TWENTY-SIX THOUSAND AND 00/100
$26,000.00) DOLLARS, 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)
MOTIQN: I move that the town vote to approve article no. 9 as printed in the warrant
and to transfer the sum of $26,000.00 from Free Cash for this purpose.
ACTION: ADOPTED.
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 raise and appropriate and/or transfer from available
funds the sum of TWO THOUSAND AND 00/100 ($2,000.00) DOLLARS, 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)
MOTIQN: I move that the town vote to approve article no. 10 as printed in the
warrant and to transfer the sum of $2,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
BAYSIDE SKIPPERS/Funding Request
TICLE NO 11: To see if the Town will vote to raise and appropriate and/or
ransfer from available funds the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100
($4,500.00) DOLLARS to pay for public performances of team skipping, and to authorize
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)
Page 9 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
MOTION: I move that the town vote to approve article no. 11 as printed in the
warrant and to transfer the sum of$4,500.00 from Free Cash for this purpose.
ACTION: ADOPTED.
SPECIAL REVENUE FUND/Crosby Mansion Revolving Fund
ARTICLE NO. 12: To see if the Town will vote to reauthorize the Crosby Mansion
Revolving fund for the 2013 fiscal year, to credit the fund with the fees and charges
received from the Crosby Mansion and cottages during that year, to authorize 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 $100,000.00 or the balance in the fund, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 12 as printed in the
warrant.
iy
ACTION: ADOPTED.
SPECIAL REVENUE FUND/Cable Franchise Fee Account
ARTICLE NO. 13: To see if the Town will vote to transfer the sum of EIGHTY
THOUSAND FOUR HUNDRED AND 00/100 ($80,400.00) DOLLARS from the Cable
Franchise Fee account for the 2013 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 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)
MOTION: I move that the town vote to approve article no 13 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
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
2013 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
xz
in the fund, or to take any other action relative thereto.
(Majority Vote Required) (Recreation Commission)
MOTION: I move that the Town vote to approve article no. 14 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
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--MAY 7, 2012 ANNUAL TOWN MEETING--
PROPERTY VALUATION SERVICES
ARTICLE NO. 15: To see if the Town will vote to transfer from the Overlay Surplus
account the sum of SEVENTY TWO THOUSAND FIVE HUNDRED AND 00/100
($72,500.00) DOLLARS 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)
OTI•N: I move that the town vote to approve article no 15 as printed in the
arrant.
ACTION: ADOPTED UNANIMOUSLY.
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)
MOTION: I move that the Town Treasurer, with the approval of the Board of
Selectmen, is authorized 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,
ection 17 and/or any other enabling authority, and to issue temporary bonds and/or
otes of the Town therefor, in anticipation of grant proceeds, or to take any other
action relative thereto.
ACTION: ADOPTED UNANIMOUSLY.
ACCEPTANCE OF GRANT PROCEEDS
ARTICLE 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)
MOTION: I move that the town vote to approve article no. 17 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
REPAIR AND RESURFACE TOWN ROADS/Chapter 90 Funds
ARTICLE NO. 18: To see if the Town will vote to transfer from available funds a sum
of money, as provided under Chapter 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)
Page 11 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
MOTION: I move that the town vote to approve article no 18 as printed in the
warrant and to transfer from available funds the sum of$320,578.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
PRIVATE ROAD BETTERMENT PROJECT/Prell Circle
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 Prell Circle 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 SEVENTY-SEVEN THOUSAND
NINE HUNDRED FORTY DOLLARS ($77,940.00) 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
SEVENTY-FIVE THOUSAND !VINE HUNDRED FORTY DOLLARS ($75,940.00), 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 raise and
appropriate and/or transfer from available funds the sum of TWO THOUSAND AND
00/100 DOLLARS ($2,000.00) 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)
MOTION: I move that the Board of Selectmen is authorized to undertake a series of
temporary road repairs to the private way known as Prell Circle, so long as the Board
of Selectmen has determined that the provisions of the Brewster Town Code, Chapter
157, Article VIII, Section 157-20 have been satisfied; that SEVENTY-SEVE
THOUSAND NINE HUNDRED FORTY DOLLARS ($77,940.00) is appropriated to pay fo
the costs of engineering, construction, reconstruction, and related expenses in
connection therewith; to meet this appropriation, Town Treasurer, with the approval
of the Board of Selectmen, is authorized to borrow the sum of SEVENTY-FIVE
THOUSAND NINE HUNDRED FORTY DOLLARS ($75,940.00), 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, TWO THOUSAND AND
00/100 DOLLARS ($2,000.00) is appropriated from the fund balance reserved for road
betterment account, to pay costs of the first year's interest on the borrowing
authorized above, which amount, together with all costs of the repairs approved by
this vote, shall be recovered through betterment assessments against the abutters of
Prell Circle.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE.
TOWN CODE AMENDMENT/Capital Planning
ARTICLE NO 20: To see if the Town will vote to amend Chapter 12 of the Code
of the Town of Brewster by amending Article XI, section 12-25, as follows (proposed
additions are bolded and underlined; no other changes are proposed):
Current language:
§ 12-25. Purpose; contents of plan; submission to Board of Selectmen; hearing.
A. The purpose of the Committee will be as follows: to prepare a five-year capital
,tr
expenditures plan, identifying proposed capital outlays or acquisitions in excess of
$10,000 for any one project, whether it be spent in one year or over several years.
B. Contents of plan.
Page 12 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
(1) The plan shall include all Town activities and departments. Proposed capital
expenditures for regional entities shall be consistent with the regional or
intermunicipal agreement establishing such entities.
(2) The plan shall include a list, by department, of all proposed capital improvements
to be undertaken during the next five fiscal years and shall include cost estimates,
methods of financing and time schedules. This information shall be revised and
extended on an annual basis.
C. Submission to Board of Selectmen.
(1) The capital expenditures plan shall be submitted to the Board of Selectmen by
January 15 of each year. The Board of Selectmen shall act thereon within 30 days
and shall then submit it to the Finance Committee, who shall issue its
recommendations as part of the annual Finance Committee report. [Amended 11-20-
1995 FYTM, Art. 6]
(2) The Board of Selectmen shall hold an advertised public hearing on said plan and
shall make copies of the plan available for the public inspection.
(3) Should a Board, Committee or Department fail to submit a capital project request
by October 1, it will be required to secure a waiver from the Board of Selectmen prior
to seeking funding from Town Meeting. [Added 11-20-1995 FYTM, Art. 6]
D. Submission to Town Meeting. [Added 11-21-1994 FYTM, Art. 41]
(1) The Board of Selectmen shall prepare and submit to Town Meeting a single article
in which all proposed capital expenditures may be consolidated.
(2) The article shall include a breakdown by department and requested items and
shall summarize specific expenses for each capital request.
Amended language:
§ 12-25. Purpose; contents of plan; submission to Board of Selectmen; hearing.
A. The purpose of the Committee will be to prepare a five-year capital expenditures
plan, identifying proposed capital outlays or acquisitions in excess of $10,000 for any
one project, whether it be spent in one year or over several years.
B. Contents of plan.
(1) The plan shall include all Town activities and departments. Proposed capital
expenditures for regional entities shall be consistent with the regional or
intermunicipal agreement establishing such entities.
(2) The plan shall include a list, by department, of all proposed capital expenditures to
be undertaken during the next five fiscal years and shall include cost estimates,
methods of financing and time schedules. This information shall be revised and
extended on an annual basis.
(3) The plan shall identify capital expenditures estimated to cost $100,000 or
greater, and those expenditures shall be included on the "Report of the
Selectmen on the Capital Expenditures Plan" to be included in every Annual
Town Meeting Warrant per the provisions of Section D(2) herein."
(4) ';Projects funded through an enterprise fund, betterment or the Community
Preservation Act shall not be included in the five (5) year Capital Expenditures
Plan identified in Section A herein, nor in the Report of the Selectmen on the
Capital Expenditures Plan identified in Section B(3) and D(2) herein.
C. Submission to Board of Selectmen.
(1) The capital expenditures plan shall be submitted to the Board of Selectmen by
January 31 of each year. The Board of Selectmen shall act thereon within 30 days
and shall then submit it to the Finance Committee, who shall issue its
recommendations as part of the annual Finance Committee report.
(2) The Board of Selectmen shall hold an advertised public hearing on said plan and
shall make copies of the plan available for the public inspection.
(3) Should a Board, Committee or Department submit a capital project request not
included in the current capital plan, it will be required to secure a waiver from the
Board of Selectmen prior to seeking funding from Town Meeting. A vote of the Board
Page 13 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
of Selectmen to include such capital project requests on the warrant for a Town
Meeting shall constitute a waiver for purposes of this section.
D. Submission to Town Meeting.
(1) The Board of Selectmen shall prepare and submit to Town Meeting an article in
which all proposed capital expenditures for the applicable fiscal year may be
consolidated. The article shall include a breakdown by department and requested
items and shall summarize specific expenses for each capital request.
(2) The Board of Selectmen shall prepare and submit to every Annual Town
Meeting a "Report of the Selectmen on the Capital Expenditures Plan,"
identifying all proposed capital expenditures for the next five (5) years
estimated to cost $100,000 or more, and including the year in which it is
anticipated to be expended, the amount and its anticipated source of funding.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
}
MOTION: I move that the town vote to approve article no. 20 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
TOWN CODE AMENDMENT/Camping
ARTICLE NO. 21: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 77-1, Camping, as follows (proposed changes are bolded and
underlined):
Delete the current language:
B. Any person violating this chapter shall be punished by a fine of not more then two
hundred dollars ($200.) for each offense.
And substitute the proposed language: a
B. Any person violating this chapter shall be punished by a fine of $100 for each
offense.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 21 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
PUBLIC SAFETY STAFFING REQUEST
ARTICLE NO. 22: To see if the Town will vote to authorize the funding and creation of
two (2) firefighter/paramedic positions within the Fire Department and one (1) police officer
position within the Police Department; to authorize the payment of related benefit
expenses; and to raise and appropriate the sum of ONE HUNDRED NINETY-NI
THOUSAND AND 00/100 ($199,000.00) DOLLARS for this purpose, provided, however,
that these monies shall not be raised and appropriated under this vote unless the Town
votes at a Regular or Special Town Election to exempt this sum of money from the
limitations of Proposition 2 1/2 so-called, or to take any other action relative thereto.
ATM:
(Majority Vote Required) (Police Chief & Fire Chief)
MOTION: I move that the Town vote to approve Article No. 22 as printed in the
warrant and to raise and appropriate the sum of $199,000.00 for this purpose,
Page 14 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING—
provided, however, that these monies shall not be raised and appropriated under this
vote unless the Town votes at a Regular or Special Town Election to exempt this sum
of money from the limitations of Proposition 2 Y2 per the provisions of General Laws,
Chapter 59, Section 21C(g).
ACTION: ADOPTED.
ZONING BYLAW AMENDMENT/Definitions
ARTICLE NO. 23: To see if the Town will vote to amend Chapter 179 of the Brewster
Town Code, Zoning, Section 179-2, Definitions, Subsection B. to include the following
hanges (only those definitions being amended are set forth below; all remaining
provisions and definitions contained in Section 179-2B that do not appear in this Article
will remain the same):
Strikethrough = deleted Bold = new text Plain text = no change
ABANDONMENT — The visible or otherwise apparent intention of an owner to discontinue
a nonconforming use of a building or premises; or the removal of the characteristic
equipment or furnishing used in the performance of the nonconforming use, without its
replacement by similar equipment or furnishings; or the replacement of the nonconforming
use or building by a conforming use or building.4 When a building is being actively
marketed for sale or lease, it is not considered abandoned.
AGRICULTURAL USE - Uses for commercial agriculture, aquaculture, silviculture,
horticulture, floriculture or viticulture, as those terms are defined in Massachusetts
General Laws, Chapter 40A, §3.
AMUSEMENT ARCADE - A building or part of a building containing four or more
video, pinball, or similar player-operated amusement devices, in any combination for
commercial use to the general public for a fee.
AMUSEMENTS, OUTDOOR COMMERCIAL - The provision of rides, games, or
i ntertainment to the general public for a fee where any portion of the activity takes
lace outside of a building, including but not limited to miniature golf, merry-go-
round inflatable slides, miniature cars, Ferris wheels, midway-type games, go carts,
carousels, fun houses, bumper cars or boats, water flumes, batting cages. Devices
such as these, open to the public, by which persons are conveyed or entertained in an
unusual manner for diversion, cannot be located within 500 feet of any residential
district.
ANTIQUE SHOP -- Any premises used for the sale or trading of articles of which 80
percent or more are over 50 years old or have collectible value, irrespective of age.
ASSISTED LIVING FACILITY -- A combination of housing, supportive services,
personalized assistance, and health care designed to respond to the individual needs
of those who need help with activities of daily living. A facility with a central or
private kitchen, dining, recreational, and other facilities, with separate bedrooms or
living quarters, where the emphasis of the facility remains residential.
BED AND BREAKFAST - A residence where an owner/occupant in its home provides
lodging and a morning meal.
'BOARD The Board of Appeals of the Town of Brewster, Massachusetts.2 [Amended 5 12
BUILDING, ACCESSORY RESIDENTIAL - A detached residential structure, customarily
incidental to the existing principal residential structure and located on the same lot
1. Editor's Note: The former definition of"affordable accessory apartment," added 11 18 2002 FYTM, Art. 15,
which immediately followed this definition, was repealed 11 5 2007 FYTM, Art. 20.
2. Editor's Note: The former definition of"building," which immediately followed this definition, was repealed
5 7 2007 ATM, Art. 26.
Page 15 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
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.
CAMP, CHILDREN'S RECREATION - An establishment for the provision of indoor or
outdoor activities for children, including sports, arts and crafts, entertainment,
recreation, educational activities, water sports, horseback riding, and associated food
service. If incidental to the camp use, camp facilities or structures may be used to
provide meeting, accommodations, recreation, or social facilities for a public or
private association or group. Can be a day or overnight camp. Can be for-profit or
non-profit. To the extent this definition is ever applied to include "child car
facilities" as that term is defined in Massachusetts General Laws, Chapter 40A, §3,
the exemption provisions of that statute shall prevail.
CEMETERY - A Town- or privately-owned place for the interment of human remains
or cremated remains, including a burial park for earth interments, a mausoleum for
vault or crypt interments, a columbarium for cinerary interments, or a combination
thereof.
CHURCH OR OTHER RELIGIOUS USE - Any structure or use entitled to the religious
exemption set forth in MGL Chapter 40A Section 3.
CLUB, COUNTRY, HUNTING, GUN, FISHING, OR GOLF - Clubs or recreational facilities
for which a membership charge may be made and which are open only to bona fide
members and their guests.
COMMERCIAL VEHICLE - Any self-propelled or towed vehicle used in commerce to
transport passengers (other than the driver) or cargo.
COMMUNITY FACILITY - A public or private non-profit use established primarily for
the benefit and service of the population of the community in which it is located.
CONSTRUCTION MATERIALS SALES AND SERVICES - Establishments or places of
business primarily engaged in retail or wholesale transaction, from the premises, of
the materials used in the construction of buildings or other structures.
CONVALESCENT HOME — A home for the aged, chronically ill, persons requiring care o
incurable persons in which three or more persons, not of the immediate family, arc
the sick or injured. See NURSING HOME. - - - - --
J
COTTAGE COLONY IBS — Any group of two or more rental or condominium cottages on a
parcel of land.
CREMATORY -- A location containing properly installed, certified apparatus intendedA
for use in the act of cremation.
DEICING MATERIALS STORAGE FACILITY - a facility for the storage of de-icing
materials that is specifically constructed to prohibit the leaching of the stored
material.
DWELLING, ONE FAMILY DETACHED - A single, separate dwelling unit, designed for
occupancy by one family.
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.
DWELLING, ONE FAMILY WITH ACCESSORY APARTMENT 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
- - - - - - -
on a year round basis, except for bona fide temporary absences during which the unit i3
property owner's immediate family, including in laws (mother, father, brother, sister),
Page 16 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
other action relative thereto. [ • • -: - • •== , " ' • •
EDUCATIONAL USE - FOR PROFIT - Any building or part thereof, operated by a for-
profit entity and designed, constructed or used for education or instruction in any
branch of knowledge. Such use shall not include uses entitled to the education
exemption set forth in Massachusetts General Laws, Chapter 40A, §3.
EDUCATIONAL USE - Any structure or use entitled to the education exemption set
forth in MGL Chapter 40A Section 3.
EQUIPMENT GARAGE, MUNICIPAL - A facility housing heavy equipment owned and
operated by the Town of Brewster.
i ARM STAND - A building or structure used for the wholesale and/or retail sales of
resh fruits, vegetables, flowers, herbs, or plants. May also involve the accessory sales
of other unprocessed foodstuffs, home processed food products such as jams, jellies,
pickles, sauces, or baked goods, and home-made handicrafts. The area devoted to the
sales of these accessory items shall not exceed 50 percent of the total sales area. No
commercially packaged handicrafts or commercially processed or packaged foodstuffs
shall be sold at a farm stand. To the extent this definition is ever applied to include
facilities entitled to the agricultural exemption set forth in Massachusetts General
Laws, Chapter 40A, §3, the provisions of that statute shall prevail.
FREIGHT TRANSPORTATION SERVICES - Establishments primarily engaged in
undertaking the transportation of goods for compensation, including commercial
distribution services, freight forwarding services and freight agencies.
FRONTAGE - See Lot Frontage
FUNERAL HOME - A building or part thereof used for human funeral services. Such
building may contain space and facilities for (a) embalming and the performance of
other services used in the preparation of the dead for burial; (b) the storage of
caskets, funeral urns, and other related funeral supplies; and (c) the storage of funeral
vehicles.
ItREENHOUSE - Retail or wholesale business whose principal activity is the selling of
lants grown on the site and having outside storage, growing, or display. To the
extent this definition is ever applied to include facilities entitled to the agricultural
exemption set forth in Massachusetts General Laws, Chapter 40A, §3, the provisions
of that statute shall prevail.
HISTORICAL ASSOCIATION OR SOCIETY - A not-for-profit organization dedicated to
the research of and collection of information on a specific historical subject of
interest. May include a display area for public viewing.
HOTEL, - A building or complex of buildings providing transient lodging in 12 or more
rooms, food and other related services within which access to the individual units is
provided by common interior corridors. The individual units do not have cooking
facilities.
INN - See LODGING HOUSE
JUNK - Scrap or waste material of any kind or nature collected or accumulated for
resale` disposal or storage.
JUNKYARD - Any privately owned space more than 200 square feet in area outside of
a building, used for storage, keeping, processing, salvaging or abandonment of junk.
LOT DEPTH The mean horizontal distance between the front lot line and the rear lot line.
.LOT FRONTAGE — The horizontal distance measured along the front lot line between the
:. - . - - . . - - - • - - : - - . That part of a lot line
abutting a street or way, or continually or contiguously abutting more than one
street or way, for the distance required in Table 2, Area Regulations.
MANUFACTURING - The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component parts, the
creation of products, and the blending of materials.
MEMBERSHIP ORGANIZATION - An association or organization, including social or
sports, which is used exclusively by members and their guests, which may contain
bar facilities.
Page 17 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
MORTUARY ESTABLISHMENT - see FUNERAL HOME.
MOTEL - A building or complex of buildings providing transient lodging
accommodations with separate outside entrances for each unit. The individual units
may or may not have cooking facilities.
MOVIE THEATER - See Theater, Indoor.
MOVIE THEATER, DRIVE-IN - An open-air theater where the performance is viewed
by all or part of the audience from motor vehicles.
MUSEUM - An institution devoted to the procurement, care, study and display of
objects of lasting interest or value.
NURSING HOME -- A home for the aged, chronically ill, requiring care or
incurable persons in which three or more persons, not of the immediate family, are
received, kept or provided with food and shelter or care for compensation; includin
a sanitarium or sanatorium, but not including hospitals, clinics or similar institutions
devoted primarily to the diagnosis and treatment of the sick or injured.
OFFICE, BUSINESS - Administrative, executive, professional, or similar
organizations, provided that no merchandise or merchandising services are sold on
the premises, except such as are incidental or accessory to the principal permitted
use
COMMERCIAL PARKING LOT or STRUCTURE, COMMERCIAL — A lot or a group of lots or
a structure, whose purpose is to provide vehicular parking for six or more vehicles for a
fee. This definition does not include federal, state or municipal parking lots. The
area(s) on a lot whose principal use is not as a parking lot but as a facility for which x.
parking must be provided under the requirements of § 179-22 of the Code of the
Town of Brewster shall not be considered a parking facility. The lot or group of lots or
structure may be u3ed to provide parking for an adjacent building or business
�l. The area(s) on a lot whose principal use i3 not as • :. - : . . _ : _ : : -• -
parking must be provided under the requirements of § 179 22 of the Code of the Town of
Brewster shall not be considered as a parking facility. Parking facilities shall not b
. . - - A _
•
approximately 10 feet by 20 feet, plus access and maneuvering space, whether inside or
outside a structure, for exclusive use as a parking stall for one motor vehicle, and further
being surfaced with durable material. [Amended 5 3 1999 ATM, Art. 33]
POWER PLANT - Any plant facilities and equipment exclusive of wind energy turbines
(Brewster Town Code, Chapter179, Zoning Article IX, Special Regulations, Section
179-40.2) and large-scale ground mounted solar photovoltaic installations (Brewster
Town Code, Chapter 179, Zoning Article XIV, Solar Installations) for the purposes of
producing, generating, transmitting, delivering or furnishing electricity for the v`
production of power. To the extent this definition is ever applied to include uses or
facilities entitled to the public utilities exemption set forth in Massachusetts General
Laws, Chapter 40A, §3, the provisions of that statute shall prevail.
RECREATION FACILITY, NON-PROFIT - Recreation facilities operated by public or
non-profit entities.
RECREATION FACILITY, PRIVATE - Clubs or recreation facilities for which a
membership charge is made and which are open only to members and their guests. A
private recreational facility may not be open or available to the general public.
REPAIR SERVICES - Establishments primarily engaged in the provision of repair
services to individuals, households, and businesses, but excluding automotive repair.
RETAIL STORE - a business usually selling 1 or a combination of 2 or more of the
following: dry goods, apparel and accessories, furniture and home furnishings, small
wares, hardware, food for home preparation, pharmaceuticals and medical supplies.
SEPTIC TANK CLEANING PUMPING SERVICE — A business that removes septage by using
wheeled vehicles with pumping or vacuum systems and transports the septage in the same
vehicle to a facility which will accept septage for treatment or processing with no
intervening transfer to another wheeled vehicle.
Page 18 of 41
Ft�
—MAY 7, 2012 ANNUAL TOWN MEETING—
SEWAGE TREATMENT FACILITIES - A facility designed for the collection, removal,
treatment, and disposal of waterborne sewage generated within a specific area.
SHED - A single-story detached building or structure a} which has a footprint that does
not exceed 120 square feet, b} which is used for a purpose which is customarily incidental
and subordinate to the use of the principal building, and el which is located on the same
lot. A shed may be located as close as 10 feet from any side or rear property line, but shall
conform to the front property line setback, as required by the Town of Brewster Zoning
Bylaw.
SOLID','WASTE FACILITY, MUNICIPAL - A town-owned parcel(s) for the collection, and
transfer of municipal solid waste, including but not limited to construction and
£,emoljtion debris, brush, leaves, composting and recycled materials. To the extent
his definition is ever applied in a manner inconsistent with the provisions of
Massachusetts General Laws, Chapter 111, §§150A and 150AY2, and the regulations
promulgated there under, the provisions of that statute and those regulations shall
prevail.
***STABLE, COMMERCIAL - A structure or land use in or on which equines are kept
for sale or hire to the public. Breeding, boarding, or training of equines may also be
conducted. • - - - - - - - - - - - - •- . • = - -= _ - • • • • • . _ e To the
extent this definition is ever applied to include facilities entitled to the agricultural
exemption set forth in Massachusetts General Laws, Chapter 40A, §3, the provisions
of that statute shall prevail.
STREET — A way which is over 21 feet in right of way width which is dedicated or devoted
to public use by legal mapping or by any other lawful procedure. A "street" includes all
public ways, a way which the Town Clerk certifies is maintained and used as a public way,
a way shown on a plan approved and endorsed in accordance with the rules and
regulations governing subdivision of land in Brewster, Massachusetts, and a way having in
the opinion of the Brewster Planning Board sufficient width, suitable grades and adequate
onstruction to provide for the needs of vehicular traffic in relation to the proposed uses of
he land abutting thereon or served thereby, and for the installation of municipal services
to serve such land and the buildings erected or to be erected thereon.
STRUCTURE — A combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall over four feet in height, tent,
reviewing stand, platform, bin, fences over six feet high, sign, flagpole, recreational
tramway, mast for radio antenna, or the like. The word "structure" shall be construed,
where the context requires, as though followed by the words, "or part or parts thereof,"
consistent with the Massachusetts State Building Code, 6th Edition.
THEATER, INDOOR - A structure containing as its primary use audience seating, one
or more movie screens, or performance spaces, and a lobby. May or may not have a
refreshment stand.
TRAILER, CONSTRUCTION - A vehicle or similar structure to be used for storage of
construction material only during construction of a job on the same lot, 3 months on
a private dwelling.
VENDING MACHINE -- Any unattended self-service device that, upon insertion of a
bill, coin, coins, credit/debit cards or token, or by similar means, dispenses anything
of value including food, beverage, goods, wares, merchandise, or services.
ATER FILTRATION PLANT - A facility for the treatment of potable water for use in a
municipal water system.
WHOLESALE TRADE - An establishment or place of business exclusive of farm stands
or greenhouses engaged in selling and/or distributing merchandise to retailers,
industrial, commercial, institutional or professional business users, or to other
wholesalers.
or to take any other action relative thereto.
Page 19 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no 23 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
ZONING BYLAW AMENDMENT/ USE TABLE
ARTICLE NO 24: 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, by
making the following revisions.
k-ethr-euglh = deleted Bold = new Plain text = no change
Table 1
Use Regulations
P = Permitted Use S = Special Permit Use Use with a dash ("-") = Prohibited Use
Residential Districts
}
R-R R-L R-M C-H V-B I MRD PWS-
CF
1. Accessory residential P P P P P - - -
building such toolshe
beatheusei-PlaYheuse;
detached g of r #'
noncommercial vehicles wr
2. Affordable accessory - - - P P P - -
commercial dwelling unit
"AACDU"
3. Affordable Accessory P P P P PP - -
Single Family Dwelling '"
Units "AADU"
rt
4. Affordable Multi-family - - - P - - - -
Dwelling Units
"AMFDU"
5. Cluster residential S S S - - - - -
development(See § 179
35.)
6. Construction Trailer te-be P P P P PP - -
on the same lot, 3 months
7. Major residential S S S S - - - -
development(See §179
35.2.) :
8. Multifamily dwelling(See - - - S - - - -
§ 179 34.)
9. 4 One-family detached P P P - P - - -
dwelling unit
10. One-family security - - - P P P - -
dwelling 1--famildwelling
Page 20 of 41
s8}
Fwx
--MAY 7, 2012 ANNUAL TOWN MEETING--
,
' -er for ocettpaney-by
•
tfth
0 0 0 is e :�s
1 chapter
1. Planned residential - S S - - - - -
development(See § 179
12. Row or town houses{See-§ - - - S - - - -
179 34.)
13. Subsidized elderly housing S S S S - - - -
(See §179 42)
Community Facilities District
R-R R-L R-M C-H V-B I MRD PWS-
CF
1. Church or other religious P P P P P P P pufpese use
2. Crematory - - - - - S - -
3. Deicing materials storage - - - - - - P -
facility
4. Educational use exempted P P P P P P P -
L c. 40, § 3
x 5. Essential services P P P P P P - -
6. Historical association or P P P P P - - -
society
7. Town Cemetery S S S S - S - -
8. Large-scale, ground- S S S S S P P P
mounted Solar
Photovoltaic Installation on
private property
9. Town Municipal P - - P - P P -
equipment garage
10. Municipal Solid Waste - - - - - - P -
Facility
11. Municipal water tank - - - P - - - -
12. Museum - - P S - - - P
13. Non-profit recreational P P P P - P - -
facility, not including a
�e club
414. Power plant, water filter - - - P - P - -
filtration plant, sewage
treatment plant
15. Solar array on Town- P - - - - P P P
owned land
16. Town building, police P P P P P P P P
station and fire station,
except equipment garage
United States Post Office - - - P - 12 - —
Page 21 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
plant ater filter pi
r n il:t.
ra.iu�i-aGSZiCJ'
Street, badge a s
=�«el P P P P P P - —
P P P P - P - —
S S S S - - - —
plant ater fi ter plan+
sewage-treatment-plant-of 1
refuse ility
Agriculture District
}
R-R R-L R-M C-H V-B I MRD PWS-
CF
1. Agriculture, aquaculture, P P P P P P P - '
silviculture,horticulture,
floriculture or viticulture,
as those terms are defined
in Massachusetts General
Laws, Chapter 40A,§3
stand for retail sale
2. Commercial stable, kennel S S S S - S - -
or veterinary hospital in
which all animals are
completely enclosed in
pens or other structures,
unless exempted pursuant
to MGL c.40A, §3.
3. Raising and keeping of P P P P P - - -
farm animals for personal
use on a parcel of land
containing 40,000 square
feet or more
4. Raising and keeping of S S S S S - - -
farm animals for
personal use on a parcel
containing less than 40,000
square feet
5. Raising and keeping of P P P P P - - -
poultry for personal use,
provided that the land
parcel contains a minimum
of 15,000 square feet
6. Temporary (not to exceed P P P P P - - -
erection or use for a period
of 3 months in any one
year) greenhouse or stand
for retail sale of
agricultural or farm
products, unless exempted
pursuant to MGL c.40A,
§3
tk
;E.
Page 22 of 41
-MAY 7, 2012 ANNUAL TOWN MEETING-
premises
7. Year-round greenhouse or P P - P P - - -
,, farm stand for retail sale of
agricultural or farm
produce, unless exempted
pursuant to MGL c.40A,
§3
8. Year-round greenhouse or P P - P - - - -
farm stand for wholesale
and retail sale of
agricultural or farm
? � produce, unless exempted
pursuant to MGL c.40A,
§3
Commercial (except as provided in §179-36) District
R-R R-L R-M C-H V-B I MRD PWS-
CF
1. Commercial Amusement - - - S - S - -
arcade devices
. Kiddie Amusements, - - - S - S - -
outdoor commercial(mini
golf, merry go round,
slides, miniature cars,
carousels, fun houses,
midget cars, bumper cars
or boats, Ferris wheels,
gravity to convey persons
Devices such as these,
open to the public, by
which persons arc l er f
l
3. Antique shop, Art gallery - - P P P - - -
4. Assisted Living Facility S S S P - - - -
5. Automated and drive- - - - S S S - -
through financial
establishments/structures
6. Automotive repair, - - - P - P - -
Page 23 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
automobile service station
and garage, not including a
junkyard or open storage of
abandoned automobiles or
other vehicles
7. Boat building or marine - - - S - P - _
construction work and
fabrication of marine and
fishing supplies(A);
shall not eato
I
flashing odo« nd lll
enclosed b., .. fence and
gates at least 8 feet in
height ..na efsuit..ble
material-te-previde
8. Miscellaneous Business - - - P P P - -
offices and services
9. Children's recreation camp P P P P - P - -
10. Commercial parking lot or - - - S S S S -
structure (B)
11. Communication towers - - - - - - S
over 35 feet in height
12. Communication towers P P P P P P P P
under 35 feet in height
13. Construction of drainage S S S S S S - -
facilities other than
essential services or
damming up or relocating
any watercourse, water
body or wetlands
14. Country, hunting, fishing, P P P P - P - -
gun,tennis or golf club
15. Educational Use, for - - P P P - --
i
profit
l
16. Establishment selling new - - - P - P - -
automobiles and/or used
automobiles and trucks,
new automobile tires and
other accessories, boats,
motorcycles and household
trailers.
17. Social and Fraternal - - S P S - - -
Membership organization
18. Funeral home or mortuary - - - P P P - -
establishment
19. Gift Shop - - - P P - - - ,
Home Occupation P P P P P - - -
20. Hotel and motel - - - S - - - -
21. Lodging house S S S P P - - -
Page 24 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
22. Medical/dental clinic S S S P P - -- -
23. Medical/dental office S S S P P - - -
24. - - - - - P - -
Movie theater, drive-in
25. Nursing or convalescent S S S P - - - -
home
26. Personal service - - - P P - - -
establishment
27. Planned business - - - P P P - -
development(See § 179
38.)
28. Recreation facilities and S S S P - - - -
services, private
29. Miscellaneous Repair - - - P - P - -
services
30. 1 Miscellaneous Repair - - - P P P - -
services, excluding outside
storage of items for repair
31. Restaurant, full-service and - - - S S S - -
lounge
32. Restaurant, limited-service - - - S S S - -
33. Retail store - - - P P - - -
1 or a combination of 2 or
more of the following: dry
accessories, furniture and
. - , . . .. ., ... .
is and
me
34. Row commercial (-See-§. - - - P P - - -
179 38)
35. Sales by vending machines - - - P - P - -
36. Sales by vending machines - - - P P P - -
as an accessory use
associated with an
established business and
located only within or
against the structure
37. Septic tank cleat - - - P - P - -
pumping service
38. Storage of materials for a - - - P - P - -
business, including but
not limited to pipes,
il
mulch, small or heavy
equipment
39. Storage of more than 2 - - - P P P - -
commercial vehicles
40. - - - P - - - -
establishment Theater,
indoor
Septage4fansfefs — —_ _ _ — —
Filling of any watercourse, S S S S S S - -
Page 25 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
(See § 179 6.)
Septage transresta ien - - - - - - -
Wholesale,manufacturing and industrial District
R-R R-L R-M C-H V-B I MRD PWS-
CF
1. Building and construction - - - S - P - -
trades shop or garage
2. Construction industry; - - - - - p _ -
materials sales and
service
3. Excavations and/or - - - - - S S -
removal of sand, gravel,
quarry or other new
material(See § 179 39.)
4. Meter Freight - - - - - P - -
q
transportation service
5. Manufacturing(Sec § 179 - - - - - P - -
40.)
6. Open storage of - - - - - P S -
construction equipment and
structures for storing such
equipment
the R R District there is
7. Other transportation - - - P - P - -
services, except airports,
heliports, all air support
facilities and
8. Processing and treating of - - - - - S S -
mixed and quarried raw
materials, including
t
to
operations appurtenant to
the taking, grading, drying,
sorting, crushing, grinding
and milling operations
9. Wholesale Trade - - - P P
Wetlands Conservancy District District
R-R R-L R-M C-H V-B I MRD PWS-
CF
1. Any use S S S S S S S S
Supplemental Regulations
A. Such activity shall not create unnecessary noise, smoke, flashing or odor, and all
materials shall be stored in a completely enclosed building or within an outside area
completely enclosed by a fence and gates at least 8 feet in height and of suitable
material to provide sufficient screening.
B. The lot or group of lots or structure may be used to provide parking for an adjacent fl
building or business establishment or athletic facility or any other type facility
enumerated in § 179-22A, Table 4.
Page 26 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
Prohibited Uses in all Districts
A. Raising and keeping swine or fur animals for commercial use or sale on parcels of
less than 5 acres
B. Septage transfer
C. Septage transfer station
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
' OTI•N: I move that the town vote to approve article no. 24 as printed in the
'' arrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT/Parking and Loading
ARTICLE NO. 25: To see if the Town will vote to amend Chapter 179 of the Brewster
Town Code, Article VII, Off Street Parking and Loading, by making the following changes:
Strilcet].rough = deleted Bold = new text Plain text = no change
ARTICLE VII
Off-Street Parking and Loading
§ 179-21. General requirements.
A. If any structure is constructed, enlarged or extended, and any use of land established,
or any existing use is changed after the effective date of this chapter, off-street parking
spaces shall be provided in accordance with Table 4. An existing structure which is
enlarged, altered or extended, or an existing use which is extended after the effective
date of this chapter shall be required to provide off-street parking spaces in accordance
with the following table for the entire structure or use, unless the increase in units or
measurements amounts to less than 25% of the total square footage on the site
i
e*isting as of the effective date of this chapter, whether such increase occurs at
one time or in successive stages. The Planning Board has the authority to waive
and/or reduce the requirements as set forth in Table 4.
B. Irk any district, if any structure is constructed, and any use of
land established or any existing use is changed, after the effective date of this chapter,
off-street loading spaces shall be provided in accordance with Table 5. An existing
structure which is enlarged, altered or extended or an existing use which is extended
after the effective date of this chapter shall be required to provide off-street loading
spaces in accordance with Table 5 for the entire structure or use, unless the increase
in units or measurements amounts to less than 25% of the total square footage on
the site, whether such increase occurs at one time or in successive stages. The
Planning Board has the authority to waive and/or reduce the requirements as set
forth in Table 5.
§ 179-22. Parking and loading requirement tables.
A. Paring and loading spaces being maintained in any district in connection with any
existing use on the effective date of this chapter shall not decrease so long as said use
rentiains, unless a corresponding number of parking or loading spaces is constructed
elsewhere, such that the total number of spaces conforms to the requirements of the
following tables , _ . _ _ - _ _ _' - - - - - . - . -
Table 4
Minimum Off-Street Parking Regulations
Use Number of Off-Street Parking
Page 27 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
Spaces
Amusement Arcade 1 per employee max. shift, plus
Outdoor Commercial one per 3 patrons at maximum
Amusement capacity
Animal Hospital 1 per employee max. shift, plus
1 per treatment room, plus 1
per 2 seats in waiting room
Assisted Living Facility 1 per employee max. shift, plus
1 per 2 units
Automotive service and repair 1 per employee max, shift, plus
facility or filling/service station 2 per service bay, including
spray paint booth, plus 2 per
150 square feet of service
waiting area, plus 1 per car
stored overnight
Children's Recreation Camp 1 per employee max. shift, plus
1 per 6 campers at maximum
capacity. For camps
transporting at least 20% of
campers to and from the camp
by bus, the Planning Board will
work with the camp to calculate
the required number of spaces.
Indoor theater, restaurant, 1 for each 3 seats of total seating
auditorium, church or similar capacity
place of public assembly with
seating facilities Church, indoor
theater, auditorium, or similar
place of public assembly with
seating facilities
Dwellings, One- and Two-family 2 per dwelling unit
T�.
Other Dwellings, including 1.5 per dwelling unit
accessory dwellings and multi-
family
Farm Stand/Greenhouse 1 per 150 square feet of indoor
and outdoor gross display area
Furniture and home 1 per 800 square feet of gross
furnishings, large appliances, floor space and, for those uses
lumber, showroom or other having outdoor display areas, 1
retail display of large items for each 1,000 square feet of lot
either indoor or outdoor, which area in such use
are unusually extensive in
relation to customer traffic
Funeral Home 1 per 2 seats based on
maximum capacity of facility
Gift and antique shops, Wholesale 1 per 290 250 square feet of gross
establishments Trade, tee, floor space
finance, insurancc or rcal estate
business office
Home Occupations 2 spaces or 1 per employee
max. shift, whichever is more,
plus 1 per 150 square feet of
customer waiting area
Schaal-Library, Municipal 2 per classroom in an elementary
Building, any Educational Use and junior high school and 1 per
Page 28 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING---
: - -.
total seating capacity-of the
. . . . _ - - y. -- - -
whichever has the larger capacity
1 per employee max. shift, plus
1 per 3 seats in areas of public
assembly
Lodging House, Inn, Motel or 1 per rental unit or suite, plus 1
Hotel, Bed and Breakfast for each /100 square feet 3 units
of rated capacity for public
meeting areas and restaurant
space
Manufacturing or industrial 1 for each employee of the
e-st-abli-shme-nts uses combined employment of the 2
largest successive shifts or 1 per
600 square feet of'gross floor
area, whichever is larger
Medijcal center or clinics '1 spaces per 800 square feet of
• Medical or Dental Clinics - ' =- -- - - - - - -- -
Medical or Dental Office ployees 1 per employee max.
shift, plus 1 per two seats in
waiting room, plus 1 per
treatment room
• • - - - :ee _ _ . - - - _
establishment and other retail floor space; in the case of outdoor
and pervice establishments display areas, 1 for each 1,000
utilizing extensive display area, - - - - - - - - - -- • - - - - -
- : .. _ _ _ . .. , .. - - 1 per 3,000 square feet of gross
are unusually extensive in display area, indoor or outdoor,
relation to customer traffic Motor plus 1 per employee max. shift
vehicles or boats, sales or
rentals
Hospital or Nursing Home or 1 1/2 per bed at design capacity 1
Convalescent Home per employee max. shift, plus 1
per 4 beds
Perspnal Service Establishment 1 per employee max. shift, plus
1 per service chair for barber
shops and salons, or 1 per 250
sf of floor area for all others
Recreation Facility (Non-Profit 2 per court for tennis, 1 per 2
and (Private) players for field sports, 1 per 2
bleacher seats, plus 20 spaces
Restaurant, Full Service 1 per 4 seats including outdoor
seating, plus 1 per employee
maximum shift
" Restaurant, Limited Service 1 per employee maximum shift,
plus 6 spaces, plus 1 per 4
seats, indoor and outdoor
Other Retail establishments not 1 per 200 square feet of gross
described above floor space
Stable, Commercial 1 per 2 stalls, plus 1 per
employee max. shift, plus area
for storing trailers
Subsidized Elderly Housing 1 per dwelling unit
Page 29 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
Table 5
Off-Street Loading Regulations
Use Number of Loading Spaces
Retail trade, Manufacturing and dal 1 per 20,000 square feet or fraction
establishments with over 5,000 square feet of thereof of net floor area up to 2 spaces; 1
net floor area additional space for each 60,000 square
feet or fraction thereof of net floor area
over 40,000 square feet
Business services, other services, Community 1 per 75,000 square feet or fraction
Facility, (school, Church, Town building, thereof of net floor area up to 2 spaces; 1
Recreation Facility, etc.) or public utility additional space for each 200,000 square
establishment with over 5,000 square feet of feet or fraction thereof of net floor area
net floor area over 150,000 square feet
1) The establishment of one or more commercial parking lots or parking
structures, as defined in § 179-2.B. shall be construed as a change of use
under §179-64 of Article XII, Site Plan Review and shall be allowed only if it is
approved under that Article. The requirements of §179-23 shall apply, except
the special permit granting authority may for good reason, reflected in the
record, allow a permeable surface. [Added 11-15-2004 FYTM, Art. 18] [Amended 5-
2-2011 ATM Article 31]
B. The parking spaces required for the uses listed in Table 4 shall be on the same lot as
the use they are intended to serve, or when practical difficulties prevent their
establishment upon the same lot, they shall be established no further than 300 feet
from the premises to which they are appurtenant, and such spaces shall be located
in the same zoning district as, or a zoning district that allows, the use that th
off-site parking spaces are intended to serve. In no case shall the required parkin
space be part of the area used to satisfy any loading requirements of this chapter.
C. In a C-H or V-B District, off-street parking requirements may be fulfilled by one of the
common off-street parking areas so long as the common area is located no further
than 100 feet from the use it is intended to serve and that the total off-street parking
provided is equal to that which would be required by normal application of Table 4.
[Amended 10-17-1988 STM, Art. 26]
D. The loading spaces required for the uses listed in Table 5 shall in all cases be on the
same lot as the use they are intended to serve. In no case shall the required loading
spaces be part of the area used to satisfy the off-street parking requirements of this
chapter.
§ 179-23. Parking and loading lot standards.
A. Any parking or loading area shall be also subject to the following, unless otherwise
waived or modified by the Planning Board in accordance with the provisions of r,
Article XII of the Zoning Bylaws, Site Plan Review, and only to the extent waived
or modified thereunder:
(1) There shall not be any motor vehicle parked within five feet of any side or rear lot
line.
Parking setbacks shall be as follows:
Zone Street Sideline Rear
All zones 15 5 5
(2) - - - - _ _ _ - - - - - - - _ - - _ - - - - _
vehicles within the required parking or loading areas.
There shall not be storage of materials or equipment or display of merchandise
within the required parking or loading areas.•(3) - - - - -- - _ _ _ - . _ - - - _
Page 30 of 41
---MAY 7, 2012 ANNUAL TOWN MEETING--
�. , - - - • • • - 1
Parking and loading spaces shall be so arranged as not to permit backing of
automobiles onto any street.
(4) Any portion of a driveway for a parking or loading area associated with a
nonresidential use, which enters or leaves an arterial street, shall be at least 75
feet from any street intersection.
(5) Any two driveways leading to or from a street or from a single area shall not be
within 50 feet of an arterial street as measured between their nearest edges at
their intersections with the front line. For collector and minor streets, the distance
shall be 20 feet.
(6) Parking areas for vehicles shall typically be laid out to meet the following
design criteria:
Angle Space Length Space Length Aisle Width Total
(in feet) (perpendicular to (in feet) Width
450 10 20 15 50
10 20 18 56
900 10 20 24 64
B. All parking or loading areas containing over five twenty spaces, including automobile
service and drive-in establishments, shall also be - - - - - - - • - - - - -
subject to the following, unless otherwise waived by the Planning Board in accordance
with the provisions of Article XII of the Zoning Bylaws, Site Plan Review, and only to
the extent waived thereunder. [Amended 5 8 1989 ATM, Art. 19; 11 17 2003 FYTM, Art. 25]
(1) The area shall be effectively screened on each side which adjoins or faces the side
or rear lot line of a lot situated in any R District. The screening shall consist of a
solid fence or wall not less than three feet or more than six feet in height or
shrubbery planted not more than three feet apart on center, at least two feet from
the lot line, and all maintained in good condition. The screening required by this
subsection shall be set back 15 feet from each street lot line.
(2) Driveways leading to or from a street or from a single area shall be surfaced with
bituminous or cement concrete material for a minimum of four feet from the
intersection with a paved road and shall be graded and drained so as to dispose
of all surface water runoff based upon the rational method using a ten-year
design storm. Pervious pavement may also be utilized. Despite the provisions
of the preceding sentence, parking or loading areas containing nine or fewer
spaces may be graded with a four inch layer of aggregate or processed stone
material. Parking and loading areas containing 10 or more spaces shall be
storm. The computations used to arrive at the design shall be made available to
the Building Department.
(31) A substantial bumper wheelstop of masonry, steel or heavy timber or a concrete
curb or berm curb which is backed shall be placed at the edge of surfaced areas,
except driveways, in order to protect abutting structures, properties and
sidewalks. Any material used as a wheelstop must be secured in place by a
reinforcing bar or similar method to eliminate the wheelstops being moved
by vehicles.
(4) Any fixture used to illuminate any area shall be so arranged as to direct the light
away from the street and away from adjoining premises used for residential
purposes. •(5) ' - -- - - • -- - - - - _ - - - - - - - - . - - -
Page 31 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
not be less than 25 feet from any lot line.
Parking company-owned vehicles - in addition to the requirements outlined
above, 1 space will be required for each company-owned vehicle kept on the
premises, including trailers and heavy machinery. The space provided must
be of an adequate size to accommodate the equipment utilizing the space.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no 25 as printed in the II
warrant.
ACTION: DEFEATED.
ZONING BYLAW AMENDMENT/Pool Fences
ARTICLE NO 26: To see if the Town will vote to amend Chapter 179 of the Brewster
Town Code, Zoning, Article V, Area and Bulk Regulations, Section 179-16, Table of '{
Regulations, Table 2, by deleting the last sentence, as follows:
7Accessory 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.
A private swimming pool shall be completely enclosed by a fence, permanently anchored,
minimum of five feet in height and having a self closing gate with latch.
}
So that it reads:
7Accessory 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.
or take any other action relative thereto
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no 26 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
Page 32 of 41
r
--MAY 7, 2012 ANNUAL TOWN MEETING--
ZONING BYLAW AMENDMENT/Non-Conforming Lots
ARTICLE NO. 27: To see if the Town will vote to amend the Town of Brewster Zoning
By-laws Chapter 179, Article VIII, Nonconforming Uses, Structures and Lots, Section 27,
Reduction or increase, by adding new paragraphs B and C and renumbering subsequent
paragraphs as follows (new text is bold):
§ 179-27. Reduction or increase.
A. Nonconforming lots with no structures located thereon may be changed in size or shape
without losing exemptions of § 179-26, so long as the change does not increase the
L actual or potential number of building lots.
. Nonconforming lots with conforming or nonconforming structures located thereon
may be changed in shape by right without losing exemptions of Section 179-25,
179-26, and Sections 179-28 through 179-32, inclusive, so long as the change does
not increase the actual or potential number of building lots and does not increase
the setback non-conformance of any structure.
C. Notwithstanding paragraphs A and B above, if such change in size or shape will result in a
net change in lot area to either lot or will increase a setback nonconformance of any
structure, such change will require a special permit from the Board of Appeals.
D. Any off-street parking or loading spaces, if already equal to or less than the number
required to serve their intended use, shall not be further reduced in number.
So that it reads:
A. Nonconforming lots with no structures located thereon may be changed in size or shape
without losing exemptions of § 179-26, so long as the change does not increase the
actual or potential number of building lots.
B. Nonconforming lots with conforming or nonconforming structures located thereon may
be changed in size or shape by right without losing exemptions of Section 179-25, 179-
26, and Sections 179-28 through 179-32, inclusive, so long as the change does not
increase the actual or potential number of building lots and does not increase the
setback non-conformance of any structure.
C. Notwithstanding paragraphs A and B above, if such change in size or shape will result in
a net change in lot area to either lot or will increase a setback nonconformance of any
structure, such change will require a special permit from the Board of Appeals.
D. Any off-street parking or loading spaces, if already equal to or less than the number
required to serve their intended use, shall not be further reduced in number.
or take any other action relative thereto
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 27 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
ZONING BYLAW AMENDMENT/Farm Stands & Greenhouses
ARTICLE NO. 28: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179 Zoning, Table 1 Use Regulations by deleting, under the
Agriculture heading, these two use entries:
PWS-
R-R R-L R-M C-H V-B MRD CF
J7. Year-round greenhouse P P - P - - - -
or stand for wholesale
and retail sale of
agricultural or farm
produce
Unless exempted
pursuant to M.G.L. c.
40A, §3
Page 33 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
i 8. Year-round greenhouse P P - P p - -
or stand
Unless exempted
pursuant to M.G.L. c.
40A, §3
by adding the following use entry:
PWS-
R-R R-L R-M C-H V-B I MRD CF
7. Year-round greenhouse P P S P P P - -
or farm stand for
wholesale and/or retail
sale of agricultural or
farm produce,
Unless exempted fA
pursuant to M.G.L. c.
40A, §3
or to take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 28 as printed in the
warrant.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE.
POLICE UNION COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 29: 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 meet the terms and conditions
of the proposed Collective Bargaining Agreement, effective July 1, 2012, between the Town
of Brewster and the Police Officers, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to indefinitely postpone consideration of article
no. 29.
ACTION: POSTPONED BY A UNANIMOUS VOTE.
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 30: 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 meet the terms and conditions
of the proposed Collective Bargaining Agreement, effective July 1, 2012, between the Town
of Brewster and the Service Employee's International Union, Local 254, or to take an
any x�
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 30 as printed in the
warrant and to raise & appropriate the sum of$28,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
Page 34 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING—
OPEIU COLLECTIVE BARGAINING AGREEMENT
ARTICi#E NO. 31: 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 meet the terms and conditions
of the proposed Collective Bargaining Agreement, effective July 1, 2012, between the Town
of Brewster and the Office and Professional Employee's International Union, Units A & B,
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ItlOTI(1N: I move that the town vote to approve article no. 31 and to raise as
ppropriate the sum of$17,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
l
I
IAFF COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 32: 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 meet the terms and conditions
of the proposed Collective Bargaining Agreement, effective July 1, 2012, between the Town
of Brewster and the International Association of Firefighters, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 32 as printed in the
warrant and to raise as appropriate the sum of $23,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
NON-UNION PERSONNEL WAGE FUNDING
t A
ARTICLE NO. 33: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to fund wage and salary adjustments
effective July 1, 2012 for eligible and non-union employees dictated by the Compensation
Plan developed pursuant to the Personnel Bylaw, Section 36-4 of the Brewster Town Code,
effective July 1, 2012, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 33 as printed in the
warrant and to raise as appropriate the sum of$37,000.00 for this purpose.
ACTION: ADOPTED UNANIMOUSLY.
CUSTODY OF LAND PROJECT
ARTICLE NO. 34: To see if the Town will vote to authorize the Board of Selectmen to
grant a perpetual conservation restriction pursuant to G.L. c. 184 Section 31 to the
Brewster Conservation Trust for the purpose of open space, passive recreation,
conservation, watershed protection and, where appropriate, water supply production, on
the following parcels:
Map/Lot Location Acreage Deed Book/Page Comments
1 M31, L15 Olde Owl Pond 28.6 Bk 3012, Pg 44 next to
Rd Conservation &
Water protection
2 M31, L34 Bakers Pond Rd 1.66 Bk 3012, Pg 44 Water protection
3 M31, L33 Bakers Pond Rd 14.1 Bk 3012, Pg 44 Water protection
4 M31, L61 Bakers Pond Rd. 5.3 Bk 3012, Pg 44 Water protection
Page 35 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
: 5 M39, Archies Cartway 0.6 Land Ct. Ctf. Water protection
L28-3 119740
6 M22, L2 Main St. Rear 0.6 Bk 14208, Pg 63 next to
Conservation
7 M22, L3 Main St. Rear 1.5 Bk 14208, Pg 63 next to
Conservation
8 M22, L48 A.P. Newcomb 1.2 Bk 14208, Pg 63 Wetlands
Rd
9 M35, L70 Great Fields 0.91 Bk 6829, Pg 309 Wetlands
Road
10 M10, L12 Namskaket 27.8 Bk 1913, Pg 166 Salt Marsh
Marsh
11 M10, L14 Namskaket 138.4 Bk 1913, Pg 166 Salt Marsh
Marsh
12 M50, L10 West Gate Road 3.9 Bk 5044, Pg 170 Punkhorn &
Water protection
13 M50, L12 East Gate Road 7.9 Bk 8552-50 Punkhorn &
Water protection
14 M50, L13 East Gate Road 1.35 Bk 8552-51 Punkhorn &
Water protection
15 M50, L14 East Gate Road 0.6 Bk 8552-52 Punkhorn &
Water protection
16 M50, L16 Punkhorn Road 2.7 Bk 11355, Pg. 102 Punkhorn &
Water protection
17 M50, L18 East Gate Road 5.4 Bk 5444, Pg. 279 Punkhorn &
Water protection
18 M50, L2 West Gate Road 18.4 Bk 3356, Pg 16 Punkhorn &
Water protection
19 M50, L60 West Gate Road 27.9 Bk 4765, Page 256 Punkhorn &
Water Protection
20 M51, L28 Slough Road 5.7 Bk 5306, Pg. 316 Punkhorn &
Water Protection
and to see if the Town will vote to transfer the care, custody, control and management of
the following parcels from the Board of Selectmen for general municipal purposes to the
Conservation Commission for open space, passive recreation, conservation and watershed
protection purposes under G.L. c. 40 Section 8C:
Map/Lot Location Acreage Deed Book/Page Comments
21 M31, L15 Olde Owl Pond 28.6 Bk 3012, Pg 44 Next to
Rd Conservation &
Water Protection
22 M31, L34 Bakers Pond 1.66 Bk 3012, Pg 44 Water protection
Road
23 M 31, L33 Bakers Pond 14.1 Bk 3012, Pg 44 Water protection
Road
24 M31, L61 Bakers Pond 5.3 Bk 3012, Pg 44 Water protection
Road
25 M39, Archies Cartway 0.6 Land Ct. Ctf. Water protection
L28-3 119740
26 M22, L2 Main Street rear 0.6 Bk 14208, Pg 63 next to
Conservation
27 M22, L3 Main Street 1.5 Bk 14208, Pg 63 next to
Conservation
28 M22, L48 A.P. Newcomb 1.2 Bk 14208, Pg 63 Wetlands
Road
29 M35, L70 Great Fields 0.91 Bk 6829, Pg 309 Wetlands
Road
30 M10, L12 Namskaket 27.8 Bk 1913, Pg 166 Salt Marsh
fi
Page 36of41
--MAY 7, 2012 ANNUAL TOWN MEETING--
Marsh
31 M10, L14 Namskaket 138.4 Bk 1913, Pg 166 Salt Marsh
Marsh
32 M$1, L28 Slough Road 5.7 Bk 5306, Pg 316 Punkhorn &
Water protection
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 34 as printed in the
arrant.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE.
TRI-TOWN SEPTAGE TREATMENT PLANT/Special Legislation
ARTICLE NO. 35: To see if the Town will vote to authorize the Board of Selectmen to
petition the General Court to enact the following special legislation:
An Ac Amending Special Act, Chapter 327 of the Acts of 1988 to Authorize the Orleans,
Brewster and Eastham Groundwater Protection District to Provide Retirement Benefits for
District Employees
Whereas, the Orleans, Brewster and Eastham Ground Water Protection District was
established by Special Act, Chapter 327 of the Acts of 1988 for the purpose of and in
accordance with an agreement entitled "Intermunicipal Agreement between the towns of
Orleanls, Brewster and Eastham for the Construction, Management and Operation of a
Septage Treatment Facility" dated May 30, 1985, as the same may be amended; and
Whereas, the Orleans, Brewster and Eastham Ground Water Protection District is a
ody politic and corporate consisting of the towns of Orleans, Brewster and Eastham; and
Whereas, the Orleans, Brewster and Eastham Ground Water Protection District are
obligated to provide retirement benefits including without limitation pension and health
benefits for its employees in the event of the dissolution of the District; and
Whereas, the Intermunicipal Agreement provides that it may be amended provided
that no such amendment shall become effective until approved by a Town meeting in all
three member Towns; and
Whereas the Town Meetings in Orleans, Brewster and Eastham have voted to amend
the Intermunicipal Agreement to provide retirement health benefits for employees of the
District upon the dissolution of the District; and
Whereas, the Towns of Orleans, Brewster and Eastham are filing this special
legislation to amend the Special Act to authorize the Orleans, Brewster and Eastham
Groundwater Protection District to provide retirement health benefits for employees of the
i-District upon the dissolution of the District; and
'Vow therefore, the Towns of Orleans, Brewster and Eastham hereby petition the
General Court to adopt the following special legislation:
SECTION 1. Special Act, Chapter 327 of the Acts of 1988, is hereby amended to include
the following additional section:
Upon any dissolution of the Orleans, Brewster and Eastham Ground Water Protection
District, the retirement benefits, including without limitation pension and health benefits,
Page 37 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
' of vested District employees, shall be paid by the Towns of Brewster, Eastham and Orleans
in equal amounts with each Town paying a one-third share, pursuant to the dissolution
provisions of the Intermunicipal Agreement.
SECTION 2. This act shall take effect upon its passage.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 35 as printed in th
warrant.
ACTION: ADOPTED.
TOWN CODE AMENDMENT/Community Preservation Committee
ARTICLE NO. 36: To see if the Town will vote to amend Chapter 17 of the Town
Code, as follows (proposed changes are bolded and underlined):
Current language:
§ 17-1. Membership; terms.
There is hereby established a Community Preservation Committee, consisting of nine
voting members pursuant to the provisions of Section 298 of Chapter 149 of the Acts
of 2004, as amended by Sections 129 through 133 of Chapter 352 of the Acts of
2004. The composition of the Committee, the appointing authority and the term of
office for the Committee members shall be as follows; one member of the
Conservation Commission, as designated by said Commission; one member of the 3.
Historic District Commission, as designated by said Commission; one member of the
Planning Board, designated by the said Board; one member of the Recreation
Commission, as designated by the Commission; one member of the Brewster Housing
Authority, as designated by said Authority; and four individuals to be appointed by
the Board of Selectmen. Each member of the Committee shall serve a term of three
years or until the person no longer serves in the position or on the board or on the
Committee as set forth above, whichever is earlier; provided, however, that the initial
appointments shall be staggered so that the members designated by the Conservation
Commission, the Housing Authority and the Historic Commission shall each be
initially appointed for a three-year term, the members designated by the Planning
Board and Recreation Commission, and one of the members appointed by the Board
of Selectmen, shall each be initially appointed for a two-year term, and the remaining
three members appointed by the Board of Selectmen shall be initially appointed for a
one-year term; thereafter, all members shall be appointed for three-year terms.
Should any of the officers and commissions, boards or committees who have
appointing authority under this chapter be no longer in existence for whatever
reason, the Board of Selectmen shall appoint a suitable person to serve in their place.
Any member of the Committee may be removed by the Selectmen, with prior notice to
the member and a hearing, for good cause.
Proposed language:
§ 17-1. Membership; terms.
There is hereby established a Community Preservation Committee, consisting of nine
voting members pursuant to the provisions of Section 298 of Chapter 149 of the Acts
of 2004, as amended by Sections 129 through 133 of Chapter 352 of the Acts of
2004. The composition of the Committee, the appointing authority and the term of
office for the Committee members shall be as follows; one member of the `a
Conservation Commission, as designated by said Commission; one member of the
Historical Commission, as designated by said Commission; one member of the
Planning Board, designated by the said Board; one member of the Recreation
Page 38 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
Commission, as designated by the Commission; one member of the Brewster Housing
Authority, as designated by said Authority; and four individuals to be appointed by
the I Board of Selectmen. Each member of the Committee shall serve a term of three
years or until the person no longer serves in the position or on the board or on the
Committee as set forth above, whichever is earlier; provided, however, that the initial
appointments shall be staggered so that the members designated by the Conservation
Commission, the Housing Authority and the Historical Commission shall each be
initially appointed for a three-year term, the members designated by the Planning
Board and Recreation Commission, and one of the members appointed by the Board
of Selectmen, shall each be initially appointed for a two-year term, and the remaining
three members appointed by the Board of Selectmen shall be initially appointed for a
one-year term; thereafter, all members shall be appointed for three-year terms.
Should any of the officers and commissions, boards or committees who have
appointing authority under this chapter be no longer in existence for whatever
reason, the Board of Selectmen shall appoint a suitable person to serve in their place.
Any member of the Committee may be removed by the Selectmen, with prior notice to
the member and a hearing, for good cause.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 36 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
PLEASANT BAY RESOURCE MANAGEMENT PLAN AMENDMENT
TI'LE NO. 37: To see if the Town will vote to amend the 2008 Pleasant Bay
•esource Management Plan Update, developed under the guidance of the Technical
Advisory and Steering Committee pursuant to Article VII, Section I of 2008 Inter-Municipal
Agreement between the Towns of Orleans, Chatham, Harwich and Brewster to Establish the
Pleasant Bay Resource Management Alliance, by inserting after Section 8.6.3 and new
Section 8.6.4, the text of which is printed below (the full 2008 Update, with the referenced
tables and figures, as well as a report providing detailed background regarding the
amendment is on file with the Town Clerk):
8.6.4 Limited Improvement Dredging to Maintain or Restore Historical Navigable
Access
Under the following conditions within the area identified in Figure 4 as the Zone of
Potential Future Dredging in the Pleasant Bay ACEC, the resource management plan
indicates that a municipality may seek local, regional and state authorization to
undertake improvement dredging:
1. The proposed dredging is intended to maintain or restore historical navigable
access for the public and is of the minimum scale necessary to maintain that access.
Historical navigable access refers to the location of navigation channels and water
depth at mean low water necessary to accommodate vessel drafts characteristic of the
majority of vessels traditionally moored in Pleasant Bay and its subembayments. For
contextual reference, historical channel depths are provided in Table 1, and the sizes
of Moored vessel are provided in Table 2. Figures A, B and C show channel width at a
depth of four feet or greater.
2. Shoaling and changes in tidal regime have altered traditional channels such that
historical navigable access between Pleasant Bay and Chatham Harbor, between
Page 39 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
either water body and the Atlantic Ocean, or through the entrance to Bassing Harbor,
is severely impeded. Severely impeded access would, for example, preclude access by
the commercial fleet for safe haven of vessels, or preclude safe and reasonable access
by recreational boaters.
3. Through the permitting process, the municipality has undertaken an evaluation of
alternatives to improvement dredging which demonstrates that the proposed
improvement dredging is the preferred feasible alternative to restore historical
navigable access with regard to avoiding and minimizing impacts to natural
resources.
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yry
4. A feasible plan is proposed to place the dredged material within the Pleasant Bay
system in a manner that is beneficial to resources protected under local and state ti
wetlands protection regulations.
5. Through the permitting process the municipality has undertaken an evaluation of
resource impacts resulting from proposed improvement dredging and placement of
dredged material, and is able to demonstrate avoidance and minimization of resource
impacts and adequate mitigation for any unavoidable impacts. Resource impacts of
concern include those affecting shellfish populations and habitat, finfish populations
and habitat and other resources and values protected under state and local wetlands
protection regulations.
The proposed project would be subject to all applicable local, regional and state
regulations. During regulatory proceedings the Alliance would provide public
comments based an assessment of information and materials provided with regard to
items 1 through 5 above and to further describe the proposed improvement dredging
project.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 37 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY.
s'g
COMMUNITY PRESERVATION COMMITTEE/Professional Services
ARTICLE NO. 38: To see if the Town will vote to act upon the recommendation of the
Community Preservation Committee to appropriate from Fiscal Year 2013 Community
Preservation revenues and/or from previously reserved funds the sum of THIRTY
THOUSAND AND 00/100 ($30,000.00) DOLLARS to fund professional services related to
the investigation, research and planning of the purchase of land for use as a public park, or
to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED BY A DECLARED 2/3
VOTE.
MOTION: I move that the town vote to approve article no. 38 as printed in the
warrant and to transfer the sum of $30,000.00 from Community Preservation fund
balance for this purpose.
ACTION: ADOPTED. YES - 138 NO - 85
Page 40 of 41
--MAY 7, 2012 ANNUAL TOWN MEETING--
RELICENSE PILGRIM NUCLEAR FACILITY
ARTICLE NO. 39: To see if the Town will vote to adopt the following resolution:
Whereas the people of the Town of Brewster deem the Pilgrim Nuclear facility in
Plymouth, Massachusetts to present a clear and present danger to our town and to
the people of Cape Cod and beyond, we resolve to call upon both the House and the
Senate of the General Court of Massachusetts to deny the Pilgrim Nuclear facility a
new, license for now and forever, or to take any other action relative thereto.
'.Majority Vote Required) (Citizens Petition)
MOTION TO ADVANCE CONSIDERATION OF ARTICLE 39: ADOPTED
MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED BY A DECLARED 2/3
VOTE.
MOTION: I move that the town vote to approve article no. 39 as printed in the
warrant.
ACTION: ADOPTED. YES - 102 NO - 95
STABILIZATION FUND
ARTICLE NO. 40: To see if the Town will vote to transfer from available funds a sum
of money to add to the Stabilization Fund, or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
OTI N: I move that the town vote to indefinitely postpone consideration of article
o. 40.
I
ACTION: POSTPONED BY A UNANIMOUS VOTE.
ANY OTHER BUSINESS
ARTICLE NO. 41: To act on any other business that may legally come before this
meeting.
(Board of Selectmen)
MOTION: I move that the town vote to dissolve the 2012 Annual Town Meeting.
ACTION: ADOPTED UNANIMOUSLY.
The Annual Town Meeting of May 7, 2012 was dissolved at 10:45pm.
A True Copy Attest:
' : C dti.8 i t,t IW ti. al N J
olette M. Williams, CMC
Town Clerk
Page 41 of 41
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