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HomeMy Public PortalAbout2012-05-07-Annual Town Mtg Warrant ANNUAL TOWN MEETING MAY 7, 2012 Barnstable, ss ` To: Roland W. Bassett Constable for the Town of Brewster Greetings: 4 In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Brewster, qualified to vote in Town affairs, to meet at the Stony Brook Elementary School Cafetorium, on Monday, the 7th day of May, 2012 next, at 7:00 p.m. o'clock in the evening, then and there to act upon the following articles. CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET-1 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 $668,641.00 $694,838.00 $667,110.00 ASSESSMENT TOTAL $668,641.00 $694,838.00 $667,110.00 ASSESSMENT: or to take any other action relative thereto. (Majority Vote Required) (Cape Cod Technical School Committee) 5 ELEMENTARY SCHOOLS OPERATING BUDGET ARTICLE NO. 2: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Elementary Schools' charges and expenses, for the Fiscal Year ending June 30, 2013, as follows: DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY2011 FY2012 FY2013 ELEMENTARY $5,276,681.44 $6,308,567.00 $6,435,934.00 SCHOOL BUDGET TOTAL $5,276,681.44 $6,308,567.00 $6,435,934.00 ASSESSMENT: or to take any other action relative thereto. (Majority Vote Required) (Elementary School Committee) TOWN OPERATING BUDGET ARTICLE NO. 3: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of mcney 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: , 5 EXPENDED APPROPRIATED REQUEST item DEPARTMENT FY 2011 FY 2012 FY 2013 1 MODERATOR WAGES $300.00 $300.00 $300.0( SELECTMEN'S 2 WAGES $5,250.00 $5,250.00 $5,250.0( STAFF WAGES $55,701.95 $55,816.00 $56,73 ( EDUCATIONAL REIMB $2,800.00 $2,000.00 $2,00i( EXPENSES $32,885.28 $28,780.00 $30,425.0( ADMINISTRATOR WAGES $256,805.49 $269,521.00 $282,282.0( EXPENSES $8,549.32 $9,580.00 $10,100.0( LEGAL EXPENSES $91,055.67 $105,000.00 $135,000.0( TOWN REPORT EXPENSES $4,504.04 $5,700.00 $5,000.0( 3 FINCOM EXPENSES $1,700.87 $2,000.00 $3,500.0( RESERVE FUND $8,172.00 $92,000.00 $95,000.0( ACCOUNTANT 4 WAGES $143,330.61 $150,349.00 $152,701.0( AUDIT OF ACCOUNTS $22,000.00 $25,500.00 $25,500.0( EXPENSES $1,981.97 $2,585.00 $2,510.0( ASSESSOR WAGES $103,548.69 $108,766.00 $110,50i I( EXPENSES $2,088.46 $3,350.00 $2,621 TREAS/COLL WAGES $165,476.86 $192,130.00 $194,79 .4( EXPENSES $22,768.03 $26,900.00 $26,900.0( INFORMATION TECHNOLOGY WAGES $74,380.56 $77,535.00 $78,773.0( >:z EXPENSES $51,360.34 $57,623.00 $57,655.0( a DEBT SERVICE $2,988,607.77 $2,871,672.00 $2,835,268.0( FRINGE BENEFITS $2,763,893.51 $3,034,234.00 $2,985,107.0( RETIREMENT/PENSION $1,326,770.13 $1,386,662.00 $1,578,338.0( 5 TOWN CLERK'S WAGES 0.00 0.00 0.0( CLERK STAFF WAGES $109,734.07 $114,300.00 $121,878.0( EXPENSES $25,134.53 $21,030.00 $25,380.0( TOWN HALL MAINT 6 WAGES $81,473.00 $82,005.00 $83,304.0( EXPENSES $14,642.74 $15,850.00 $15,85 COA BLDG EXPENSES $6,082.18 $7,200.00 $7,20 DRUMMER BOY EXPENSES $254.10 $500.00 $500.0( 7 CONSTABLE $250.00 $250.00 $250.0( POLICE WAGES $1,795,682.64 $1,923,643.00 $1,986,586.0( EXPENSES $134,826.81 $132,774.00 $132,820.0( 8 FIRE/RESCUE WAGES $1,402,277.34 $1,471,815.00 $1,469,064.0( 6 { EXPENSES $98,096.72 $103,600.00 $104,300.0( RESCUE EXPENSES $91,059.38 $91,000.00 $98,500.0( STATION EXPENSES $41,220.58 $41,000.00 $41,000.0( 9 PLANNING WAGES $128,614.73 $140,997.00 $143,728.0( PLANNING/APPEALS EXPENSES $2,440.13 $3,190.00 $3,595.0( L BLDG INSP/HDC 10 WAGES $253,106.85 $291,853.00 $294,330.0( BUILDING/HDC EXPENSES $4,176.22 $6,300.00 $6,300.0( ' 11 NATURAL RESOURCES AND CONSERVATION WAGES $186,985.18 $195,427.00 $214,828.0( EXPENSES $35,738.99 $32,000.00 $32,500.0( PROPAGATION $6,000.00 $10,000.00 $10,000.0( BOARD OF HEALTH 12 WAGES $162,389.28 $169,414.00 $172,077.0( VISITING NURSE ASSOC. $18,356.50 $18,357.00 $18,357.0( EXPENSES $1,872.64 $4,000.00 $3,900.0( 13 DPW WAGES $793,426.96 $848,845.00 $915,577.0( ROAD MACHINERY $40,437.12 $40,800.00 $45,900.0( SNOW 8s ICE CONTROL $154,357.33 $120,000.00 $125,000.0( L EXPENSES $198,175.00 $232,120.00 $240,253.0( SOLID WASTE DISPOSAL $150,472.89 $172,802.00 $184,022.0( STREETLIGHTING $8,721.61 $9,800.00 $9,800.0( 14 WATER STAFF WAGES $629,349.77 $687,055.00 $692,469.0( OPERATING EXPENSES $302,795.58 $424,291.00 $405,807.0( EQUIPMENT EXPENSES $7,662.29 $12,570.00 0.0( 15 GOLF DEPT WAGES $1,121,933.58 $1,177,837.00 $1,182,992.0( EXPENSES $813,041.33 $881,620.00 $908,705.0( 16 RECREATION WAGES $99,554.10 $97,151.00 $97,889.0( EXPENSES $14,313.51 $17,051.00 $17,450.0( COUNCIL ON AGING 17 WAGES $154,025.73 $172,413.00 $171,191.0( EXPENSES $11,217.24 $13,254.00 $23,624.0( 18 LADIES LIBRARY $516,471.88 $531,400.00 $548,069.0( ALEWIVE COMM. 19 WAGES $2,143.20 $2,500.00 $2,500.0( EXPENSES $641.43 $900.00 $900.0( OLD MILL SITE COMM. $3,668.21 $4,000.00 $4,000.0( 20 UTILITIES $414,277.09 $450,000.00 $498,110.0( LIABILITY INSURANCE $292,084.10 $330,000.00 $302,000.0( 21 ASSESSMENTS $41,788.81 $43,356.00 $44,715.0( MEMORIAL/VETERANS DAY EXP. $1,500.00 $1,500.00 $1,500.0( 7 VETERANS SERVICES $25,484.64 $30,000.00 $30,000.0( GRAND TOTAL $18,549,890.06 $19,691,023.00 $20,114,975.0( or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO. 4: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Nauset Regional School's charges and expenses for the Fiscal Year ending June 30, 2013, as follows: DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY2011 FY2012 FY2013 NAUSET $8,699,131.00 $8,648,613.00 $8,774,190.00 ASSESSMENT TOTAL $8,699,131.00 $8,648,613.00 $8,774,190.00 ASSESSMENT: or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS .< ARTICLE NO. 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 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) COMMUNITY PRESERVATION ACT FUNDING/Allocations ARTICLE NO. 6: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from Fiscal Year 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 consideration of the awarding of the following grants; all as follows: ITEM: CATEGORY: 1. Historic Preservation: a. Brewster Natural Resources Department: Stony Brook/Lower Mill Pond Dam/Fish $130,000.00 8 Passage Restoration Project: ($41,814.00 from Estimated Revenues and $88,186.00 from Fund Balance Reserved for Historic Preservation,) b. Related Purpose Expenditures/Professional $10,000.00 Services 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 $10,000.00 Expenditures/Professional Services 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: a. Related Purpose $50,000.00 Expenditures/Professional Services b. Reserve Funds To hold in reserve for the purpose of acquiring Open Space the sum of $29,455.00 from the Fund's Fiscal Year 2013 revenues for future expenditure; 4. Reserve Funds: a. Related Purpose $10,000.00 Expenditures/Professional Services i 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) 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: 1 Cape Cod Child Development Program, Inc. $5,020.00 2 Consumers Assistance Council, Inc. $500.00 3 Gosnold $10,000.00 9 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 CapeAbilities $6,425.00 9 Sight Loss Services, Inc. of Cape Cod & 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. (Majority Vote Required) (Human Services Committee) CAPITAL AND SPECIAL PROJECT EXPENDITURES ARTICLE NO. 8: To see if the Town will vote to raise and appropriate, transfer from available funds and/or borrow a sum of money for the purpose of funding the following capital acquisitions and special project expenditures to be undertaken during Fiscal Year 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: 1. Board of Selectmen: Request Totals 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 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 Na 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 10 �4 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: 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 (Board of Selectmen) Vote Required if borrowing is requested) LOCAL BUSINESS ORGANIZATION FUNDING ARTICLE NO. 9: To see if the Town will vote to raise and appropriate, and/or transfer 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 L limib4 ted to annual publication and distribution of the Best of Brewster x' 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) 11 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) BAYSIDE SKIPPERS/Funding Request ARTICLE NO. 11: To see if the Town will vote to raise and appropriate and/or transfer 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) 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) 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 e# development of an institutional network and/or municipal information facilities; contracting with local cable programming services providers and/or any other appropriate cable related purposes, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SPECIAL REVENUE FUND/Recreation Revolving Fund ARTICLE NO. 14: To see if the Town will vote to re-authorize the Recreation Department Revolving fund under section 53E 1/2 of Chapter 44 of M'§ 12 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 in the fund, or to take any other action relative thereto. (Majority Vote Required) (Recreation Commission) PROPERTY VALUATION SERVICES ARTICLE NO. 15: To see if the Town will vote to transfer from the Overlay Surplus account the sum of 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) TEMPORARY BORROWING AUTHORIZATION/Grants ARTICLE NO. 16: To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money for a period of not more than two years in accordance with the provisions of Massachusetts General Laws Chapter 44, Section 17 and/or any other enabling authority, and to issue temporary bonds and/or notes of the Town therefor, in anticipation of grant proceeds, or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) ACCEPTANCE OF GRANT PROCEEDS 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) 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) 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 13 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 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, 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) sk ri f.• 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 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 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. 14 {s. 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 (51 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 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 r 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) TOWN CODE AMENDMENT/ Camping 15 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: 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) PUBLIC SAFETY STAFFING REQUEST az 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-NINE 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 A` relative thereto. (Majority Vote Required) (Police Chief 86 Fire Chief) ZONING BYLAW AMENDMENT/Definitions ARTICLE NO 23: To see if the Town will vote to amend Chapter 179 of the Brewster Brewster Town Code, Zoning, Section 179-2, Definitions, Subsection B to include the following changes (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 vi 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, 1. Editor's Note: The former definition of"affordable accessory apartment," added 11 18 2002 20. 16 or entertainment to the general public for a fee where any portion of the activity takes place 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 1986 ATM, Art. 33] BUILDING, ACCESSORY RESIDENTIAL - A detached residential structure, customarily incidental to the existing principal residential structure and located on the same lot with the principal residential structure to which it is accessory. Such structures include but are not limited to guesthouse, shed, boathouse, playhouse, shelter for domestic pets, pool houses, private swimming pools, tennis courts and detached garages. An accessory residential building may or may not contain bedrooms. 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 care 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 2. Editor's Note: The former definition of"building," which immediately followed this definition, was repealed 5 7 2007 ATM, Art. 26. 17 `n9 in which it is located. ll 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, persona for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. See NURSING HOME 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 intended for use in the act of cremation. :W- 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 -- -- - - - - - - ' . . - - - - - - - . zee -- - - a feet•the purpose of this definition, such dwelling shall be deemed to be owner unit is not rented. The apartment created by this definition shall be restricted to use by the property owner's immediate family, including in laws (mother, the above family or to take any other action relative thereto. [Added 5 9 1988 ATM, Art. 98] 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. FARM STAND - A building or structure used for the wholesale and/or retail sales of fresh 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 18 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 liFUNERAL HOME - A building or part thereof used for human funeral v . Sul mn s and f (a) embalming as ernd the ices perforch mbui ance of ding other ay co services tain pace used in the acilities preparation for of the dead for burial; (b) the storage of caskets, funeral urns, and other related funeral supplies; and (c) the storage of funeral vehicles. GREENHOUSE - Retail or wholesale business whose principal activity is the selling of plants 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. L 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 — - . - -• - - -- - . . . - - - - - between the points of intersection of the side lot lines with the front lot line. 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. 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. 19 f "-r 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, persons 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; including 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 q¢ 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 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 22A, Table 1. The area(s) on a lot whose principal use is not as a parking lot § 179 22 of the Code of the Town of Brewster shall not be considered as a parking facility. Parking facilities shall not be established in residential zones. [Added 11 15 200'1 FYTM, Art. 16] PARKING SPACE An off street space having an area of not less than 200 a- square feet 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, Chapter 179, Zoning, Article IX, Special Regulations, Section 179-40.2, Wind Energy Turbines) 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 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 20 } 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. 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, lb} which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, and e} 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 demolition debris, brush, leaves, composting and recycled materials. To the extent this 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. Any structure used to house equines. [Added 5 3 1999 ATM, Art. 30] 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 provision s of that statute shall prevail. STREET — A way which is over 2'1 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 construction to provide for the needs of vehicular traffic in relation to the proposed uses of the 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. 21 WATER 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. Ior to take any other action relative thereto. (Two-thirds Vote Required) (Planning Board) 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 28, Section 179-11, Table of Use Regulations, Table 1, by making the following revisions. Pik- 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 s toolshe , heatheuseTtlayhouse; shelter for domestic pets, 2. Affordable accessory - - - P P P - - commercial dwelling unit "AACDU" 3. Affordable Accessory P P P P P P - - Single Family Dwelling Units "AADU" 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 P P - - use 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 - - 22 Y dwelling 4—family-dwelling unit for owner occupancy ' ..f by personnel for the protection of the property and safe use,provided that the dwelling unit is attached to k requirements of this chapter 11. 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 - purpese use 2. Crematory - - - - - S - - 3. Deicing materials storage - - - - - - P - facility 4. Educational use exempted P P P P P P P - ,4 c..40, §3. 5. Essential services P PP P PP - - 6. Historical association or P P P P P - - - society 7. Town Cemetery S SS 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 cluding member—ship—club 14. Power plant, water fitter - - - P - P - - filtration plant, sewage L treatment plant 15. Solar array on Town- P - - - - P P P owned land 16. Town building, police P PP P P P P P station and fire station, except equipment garage United States Post Office - - - P - P - — Public utility, except power - - - - - - - -- plant, water filter plant, 23 refuse facility -- P P P P P P P P P P - P - — S S S S - - - -- rmay, I 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 exeept-a-greenheuse-of stand etail ale 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 4. Raising or and more 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 raised-primarily-en-the 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 - - - - 24 3 x. 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. Co"m"e '' Amusement - - - S - S - - arcade devices 2. Kiddie Amusements, - - - S - S - - outdoor commercial (mini golf, merry go round, slides, miniature cars, carousels, fun houses, or boats, Ferris wheels, ,.,ter flume batting Devices such as these, I open to the public, by persons are L conveyed or entertained in a1 .,, er for diversion, cannot be . - el -- . ' any residential district. 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 - - 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) provided that such activity shall not create unnecessary noise, smoke, flashing or odor, and all materials shall be stored in a completely enclosed outside area completely enclosed by a fence and gates at least 8 feet in height and of suitable === e-provide 25 sufficient - 8. Miseellaneouus-Business - - - P P P - _ A 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 - -- profit 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. - - 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 - - - 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. 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 usually-selling - - - P P - - - 1 or a combination of 2 or 26 accessories, furniture and wares, hardware, food for hoilie-ffeParation, ' pharmaceuticals-and medical-series 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 cleaning - - - P - P - - pumpin: service 1 38. Storage of materials for a - - - P - P - - business, including but not limited to pipes, mulch, small or heavy equipment 39. Storage of more than 2 - - - P P P - - commercial vehicles 40. - - - P - - - - establishment'hment Theater, indoor 3 Septage transfers — — — -- -- — — -- _ : . :. -, S S S S S S - - (See § 179 6.) 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 -including-suppliers 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 - - transportation service 5. Manufacturing(See § 179 - - - - - P - - '10.) 6. Open storage of - - - - - P S - construction equipment and structures for storing such equipment previdedthat-in the R R District there is f sufficient screening to prevent the sight of such 3 equipment from the street and-from-the-inhabited portion e€ }aee PfePeftY 27 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 operations appurtenant to the taking, grading, drying, sorting, crushing, grinding and milling operations 9. Wholesale Trade - - 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 F` an adjacent building or business establishment or athletic facility or any other type facility enumerated in § 179-22A, Table 4. 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) 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: Stfikethreugh = 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 existing 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 28 ;tti requirements as set forth in Table 4. B. In any district, if any structure is constructed, larged or extended, 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. Parking 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 remains, 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 , provided that Table 4 Minimum Off-Street Parking Regulations Number of Off-Street Parking Use 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 : ' - --, - - - --' : 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 Other Dwellings, including 1.5 per dwelling unit accessory dwellings and multi- family 29 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 200 250 square feet of gross establishments Trade, service, floor space 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 School Library, Municipal 2 per classroom in an elementary Building, any Educational Use and junior high school and 'I per classroom in a senior high school, plus 1 space for every '1 seats of total seating capacity of the auditorium or gymnasium, whichever ha© 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 establishments uses combined employment of the 2 largest successive shifts or 1 per 600 square feet of gross floor area, whichever is lar•er Medical center or clinics .. - . - _e e . _ . - - - . Medical or Dental Clinics gross floor space and 1 per each 2 Medical or Dental Office employees 1 per employee max. shift, plus 1 per two seats in waiting room, plus 1 per treatment room Automotive, retail and s 1 per 800 square feet of gross establishment and other retail floor space; in the case of outdoor and service establishments display areas, 1 for each 1,000 utilizing extensive display area, either indoor or outdoor, which 1 per 3,000 square feet of gross 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 Personal Service Establishment 1 per employee max. shift, plus 1 per service chair for barber shops and salons, or 1 per 250 30 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 Table 5 Off-Street Loading Regulations Use Number of Loading Spaces Retail trade, Manufacturing and hospital 1 per 20,000 square feet or fraction establishments with over 5,000 square thereof of net floor area up to 2 feet of net floor area spaces; 1 additional space for each 60,000 square feet or fraction thereof of net floor area over 40,000 square feet Business services, other services, 1 per 75,000 square feet or fraction Community Facility, (school, Church, thereof of net floor area up to 2 Town building, Recreation Facility, etc,-) spaces; 1 additional space for each or public utility establishment with over 200,000 square feet or fraction 5,000 square feet of net floor area thereof of 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 the off-site parking spaces are intended to serve. In no case shall the required parking 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] 31 3 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 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) - - : - . - .. • . " . . .. - : : : There shall not be storage of materials or equipment or display of merchandise within the required parking or loading areas. (3) •: - - - -- .. . - . - - : : - - . •- - in any R, C H, V B or I District. [Amended 10 17 1988 STM, Art. 26]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 aisle) (in feet) 450 10 20 15 50 600 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 either - . • - •- _ - - - : subject to the following, unless otherwise waived by the Planning Board in accordance with the provisions of Article 3' 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 -ytla 32 ;fi 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 a runoff based upon the rational method using a ten-year design storm. Pervious pavement may also be utilized. Despite the of aggregate or processed stone material. Parking and loading areas containing 10 or more spaces shall be surfaced with bituminous The computations used to arrive at the design shall be made available to the Building Department. (3) 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) . - .. • - - • - • . - . . - - - 4« vehicles, shall 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) 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. 33 latch. So that it reads: 7Accessory buildings and structures. Any permitted accessory building in any =r 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) 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 actual or potential number of building lots. B. 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. B-: Any off-street parking or loading spaces, if already equal to or less than fr 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. 34 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 f (Two-thirds Vote Required) (Planning Board) 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- I MRD CF B 7. 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 c' 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- I MRD CF B 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 pursuant to M.G. L. c. 40A, §3 L` or to take any other action relative thereto. (Two-thirds Vote Required) (Planning Board) 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 35 } 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) 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 any other action relative thereto. (Majority Vote Required) (Board of Selectmen) OPEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE 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. fi (Majority Vote Required) (Board of Selectmen) IAFF COLLECTIVE BARGAINING AGREEMENT =fi 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) NON-UNION PERSONNEL WAGE FUNDING 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) 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: 36 } i�. s 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 5 M39, Archies Cartway 0.6 Land Ct. Ctf. Water protection L28-3 119740 k w 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 Rd. 0.91 Bk 6829, Pg 309 Wetlands 10 M10, L12 Namskaket 27.8 Bk 1913, Pg 166 Salt Marsh Marsh 11 M 10, L14 Namskaket 138.4 Bk 1913, Pg 166 Salt Marsh K 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 L25 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 37 Marsh 31 M10, L14 Namskaket 138.4 Bk 1913, Pg 166 Salt Marsh Marsh 32 M51, L28 Slough Road 5.7 Bk 5306, Pg 316 Punkhorn 86 Water protection or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) TRI-TOWN SEPTAGE TREATMENT PLANT/Special Legislation ARTICLE NO. 35: To see if the Town will vote to authorize the Board of x' Selectmen to petition the General Court to enact the following special legislation: An Act 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 Orleans, 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 body 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 District upon the dissolution of the District; and Now 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 4. 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, 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. 38 SECTION 2. This act shall take effect upon its passage. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) 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 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 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 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 39 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. r3 (Majority Vote Required) (Board of Selectmen) PLEASANT BAY RESOURCE MANAGEMENT PLAN AMENDMENT ARTICLE NO. 37: To see if the Town will vote to amend the 2008 Pleasant Bay Resource 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 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. 40 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. 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 wetlands protection regulations. 1 , L 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) 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) } 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 n 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) 41 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) t y3 TM { ero 34' ib eo TMt. 42 ANY OTHER BUSINESS ARTICLE NO. 41: To act on any other business that may legally come before this meeting. (Board of Selectmen) And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. LGiven under our hand and Seal of the Torn of Brewster affixed thisgph day of March, 2012. oct„,„ „),,,,, , JeCa,oWeW Peter G. Nor n Chairma R. Daniel Rabold, Vice-Chairman 11/.-Sstee.,..-1 j7 John The o e Dickson, Clerk W. Foley Edward S. Lewis I, Roland W. Bassett, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Annual Town Meeting of May 7, 2012 b ••sting attested copies thereof, in the following locations in the Town on the 1 day of April, 2012. Brewster Town Offices Brewster Farms Brewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors U. S. Post Office 0.J1 % k//' ..Z.-1,11 Roland W. Bassett, Constable 43 4 \ \ \ \ \ \ \ 3 / \ ^ \ / / / \ / \ \ \ \ \ \ \ \ ± \ \ \ \ \ \ \